The
Inscription
of
the
Vindication
.
A
Vindication
of
the
freedom
and
lawfulnesse
,
and
so
of
the
authority
of
the
late
Generall
Assembly
begun
at
S.
Andrews
,
and
continued
at
Dundee
,
in
Answer
to
the
Reasons
alleadged
against
the
same
in
the
Protestation
and
Declinator
given
in
by
some
Brethren
at
S.
Andrews
,
and
in
another
Paper
lately
contrived
by
some
practizing
to
foment
divisions
,
and
to
fix
a
Schisme
in
this
Kirk
;
and
for
that
effect
,
spread
abroad
onely
into
the
hands
of
such
as
they
conceive
wil
be
inclinable
to
follow
their
way
,
but
keeped
up
from
all
others
.
The
Review
of
the
Inscription
,
IN
this
Title
,
some
things
are
insinuated
,
and
others
are
asserted
.
It
is
insinuated
,
that
the
Protestation
was
given
in
but
by
a
few
,
for
he
calls
them
some
Brethren
;
I
acknowledge
,
that
the
multitude
and
greater
number
are
upon
the
other
side
,
yet
that
is
not
a
thing
wherein
they
have
cause
to
boast
,
or
the
Protesters
need
to
be
ashamed
;
it
seldome
falls
out
,
especially
in
declining
times
,
that
the
followers
of
the
truth
are
the
most
numerous
;
yet
were
these
even
for
their
number
,
many
moe
then
by
the
Law
are
accounted
witnesses
sufficient
to
attest
a
truth
;
and
many
there
be
throughout
the
Land
,
who
put
to
their
seal
to
their
Testimony
as
true
;
Ministers
,
Elders
and
Professors
;
yea
,
the
Generality
of
the
Generation
of
the
Righteous
,
and
such
as
know
GOD
,
and
live
godly
in
the
Land
.
It
is
asserted
first
,
That
the
other
Paper
was
lately
contrived
,
that
is
,
a
litle
while
before
the
writing
of
this
Vindication
:
But
if
the
Vindication
was
not
written
many
moneths
before
it
came
abroad
,
the
Author
thereof
is
mistaken
in
this
,
because
this
Paper
was
contrived
within
a
very
few
weeks
,
three
or
four
at
most
,
after
the
Protestation
it self
,
it
may
be
that
it
came
but
lately
to
his
hand
,
but
it
was
abroad
long
before
his
Vindication
was
heard
of
.
2.
It
is
asserted
,
that
this
Paper
was
contrived
by
some
,
practizing
to
foment
divisions
,
and
to
fix
a
Schisme
in
this
Kirk
.
But
their
hearts
bear
them
record
,
that
the
fomenting
or
fixing
of
division
or
schisme
justly
so
called
,
as
it
never
was
,
nor
is
their
purpose
,
so
hath
it
been
far
from
their
practice
,
either
in
that
or
any
other
particular
This
indeed
they
do
acknowledge
,
that
they
are
unwilling
to
suffer
themselves
to
be
divided
from
the
truth
formerly
received
and
professed
by
the
Church
of
Scotland
;
and
that
they
conceive
themselves
bound
in
their
stations
and
Callings
,
to
bear
testimony
against
the
course
of
back-sliding
,
carried
on
in
the
Land
,
of
which
they
judge
the
common
Constitution
and
Acts
of
that
Assembly
to
be
no
small
part
;
and
though
to
foment
divisions
and
fix
a
Schisme
in
the
Church
,
be
a
heavy
imputation
,
yet
being
conscious
to
themselves
of
their
own
innocencie
,
they
are
not
much
moved
with
it
,
remembring
that
it
is
the
common
Topick
whence
decliners
in
all
the
Ages
of
the
Church
have
argued
against
these
who
would
not
be
consenting
unto
,
or
did
testifie
against
their
defection
;
Peace
and
unity
hath
been
their
plea
,
and
sedition
,
division
and
schisme
their
charge
against
their
opposers
;
upon
this
accompt
doth
the
Lord
Jesus
and
his
Apostles
,
by
the
Scribes
and
Pharisees
and
Elders
of
the
Jewes
,
Luther
and
Calvin
,
and
our
first
Reformers
by
the
Pope
and
his
Clergy
;
Nonformists
by
the
Prelats
and
their
adherents
,
stand
recorded
in
the
Catalogue
of
these
who
practized
to
foment
divisions
,
and
fix
a
schisme
in
the
Church
.
3.
It
is
asserted
,
That
this
Paper
was
spread
abroad
onely
into
the
hands
of
such
as
they
conceive
will
be
inclineable
to
follow
their
way
,
but
keeped
up
from
all
others
.
If
they
had
directly
sent
Copies
to
these
of
a
contrary
judgment
,
it
might
haply
been
thought
a
piece
of
vanity
and
presumption
;
and
if
the
Author
of
this
Vindication
thought
such
a
thing
incumbent
to
them
,
why
did
he
not
send
a
Copy
of
his
Answer
to
the
contrivers
of
these
Papers
,
whom
(
as
he
afterwards
bears
us
in
hand
)
he
doth
very
wel
know
,
or
hath
he
spoken
with
,
or
received
evidence
from
all
others
,
who
were
not
inclinable
to
follow
that
way
that
he
doth
so
confidently
assert
that
Paper
to
have
been
kept
up
from
all
of
them
;
I
will
assure
him
,
it
was
not
so
as
he
affirmes
;
As
the
contrivers
did
not
vainly
nor
boastingly
spread
it
to
the
provoking
of
any
,
so
did
they
not
purposely
keep
it
up
from
any
of
whatsoever
judgment
,
but
were
willing
and
desirous
that
it
should
go
abroad
,
for
edifying
of
as
many
as
the
Lord
should
be
pleased
to
blesse
it
unto
;
And
therefore
did
they
not
onely
give
Copies
to
such
as
did
desire
them
,
but
also
did
use
some
means
to
have
gotten
it
Printed
,
and
could
get
none
to
undertake
it
.
VINDICATION
.
Before
I
fal
upon
the
Examination
of
the
Reasons
brought
against
,
and
the
discovery
of
the
false
Aspersions
cast
upon
the
Assembly
by
these
Papers
mentioned
;
I
do
obtest
the
Reader
,
whosoever
he
be
,
into
whose
hands
this
Vindication
shall
come
in
the
fear
of
God
,
and
as
thou
loves
not
to
be
led
away
with
errour
,
but
to
know
,
debate
,
and
for
thy
edification
decern
on
what
side
Truth
and
Justice
is
;
thou
would
take
heed
that
thy
Judgement
be
not
either
blindfolded
,
or
byassed
and
fixed
in
prejudice
by
somewhat
which
may
have
strong
influence
this
way
,
and
that
is
meerly
extrinsecall
to
the
Cause
,
as
to
truth
or
falshood
,
justice
or
injustice
.
There
be
three
things
,
one
or
moe
,
have
(
I
doubt
not
)
had
influence
on
the
misleading
of
some
already
in
this
matter
,
and
may
yet
I
suspect
miscarry
others
,
and
fix
some
that
come
to
the
reading
of
this
Paper
,
with
a
minde
pre-occupyed
with
one
of
these
Extrinsecall
respects
.
REVIEW
.
I
shall
not
contend
with
the
Author
about
the
truth
of
that
General
Assertion
:
That
things
extrinsecal
to
a
Cause
may
have
influence
upon
mens
judgements
,
to
byasse
them
against
the
weight
of
reason
;
It
doth
indeed
oft-times
fall
out
so
to
be
,
especially
in
things
that
relate
to
Religion
,
neither
shall
I
make
any
application
to
himself
,
or
to
the
owners
and
fallowers
of
the
Cause
which
he
defends
.
I
wish
that
all
of
us
,
on
all
hands
may
from
the
reall
sense
of
the
great
blindnesse
that
is
in
our
understandings
,
and
many
byasses
that
are
in
our
hearts
,
with
much
trembling
and
fear
,
make
humble
,
serious
and
frequent
addresses
unto
God
,
that
he
would
give
us
rightly
to
know
,
and
in
singlenesse
of
heart
to
judge
of
the
truth
in
these
things
,
without
laying
weight
on
any
thing
that
will
not
bear
weight
in
the
ballance
of
the
Sanctuary
.
But
haply
indifferent
men
would
have
accounted
it
fairer
dealing
,
if
not
more
prudence
if
he
had
left
the
Cause
simply
to
be
determined
by
the
weight
of
his
Answers
and
Reasons
;
and
had
not
so
operously
and
industriously
laboured
to
bring
the
Reader
in
dislike
with
the
Protesters
,
by
charging
some
of
them
with
high
crimes
,
and
endeavouring
to
weaken
the
Reputation
of
all
of
them
,
by
a
long
deduction
,
and
many
farre
fetched
Instances
of
things
on
the
by
;
If
his
Answers
be
strong
enough
for
a
batterie
,
what
needed
these
undermindings
?
But
it
s
fit
to
take
some
View
of
these
misleading
Principles
,
wherewith
he
chargeth
the
Protesters
,
and
their
adherents
,
and
of
which
he
desires
others
to
beware
least
they
be
thereby
also
insnared
;
onely
this
advertisement
I
give
,
that
his
charge
in
all
these
things
runneth
onely
upon
the
Principles
and
Practises
of
some
of
the
Protesters
;
Now
upon
supposall
that
all
his
allegeance
were
true
,
what
a
poor
way
of
arguing
would
these
that
are
for
the
Publick
Resolutions
,
and
for
the
Assembly
at
St.
Andrews
and
Dundee
account
it
,
to
tell
them
over
some
few
of
the
many
grosse
Principles
,
and
Practices
holden
and
acted
by
some
of
their
party
,
and
from
thence
to
conclude
against
their
professions
,
and
to
the
prejudice
of
their
Cause
.
VINDICATION
.
First
selfish
Interest
,
it
is
far
from
my
thoughts
to
charge
this
upon
all
who
have
concurred
in
Protesting
against
,
and
declining
this
Assembly
as
the
motive
that
led
them
thereupon
;
I
am
perswaded
of
many
of
them
that
they
followed
that
course
in
the
simplicity
of
their
hearts
;
yet
I
leave
it
to
all
judicious
indifferent
men
to
consider
&
give
their
judgment
,
if
it
be
not
very
apparent
that
somewhat
of
this
kind
was
the
spring
that
moved
some
,
the
prime
contrivers
and
sticklers
in
this
businesse
,
who
having
adventured
upon
such
high
courses
and
attempts
,
tending
to
the
violation
of
the
Nationall
Faith
,
renting
and
ruining
the
Kingdom
,
trampling
upon
Authority
,
and
carrying
with
them
tenents
,
contrary
to
the
minde
and
Practice
of
all
Orthodox
Kirks
,
and
to
the
Faith
,
and
not
being
able
to
abide
triall
in
these
things
by
an
Assembly
,
who
in
themselves
was
not
able
to
bear
the
sway
,
and
carry
things
to
their
minde
,
and
finding
others
in
simplicity
of
heart
with
them
disliking
some
Publick
Resolutions
and
Actings
,
and
so
apt
to
be
led
on
with
them
upon
any
course
that
could
be
presented
with
the
colour
of
a
Testimony
against
these
Resolutions
and
Actings
,
found
it
safest
;
for
they
rather
altogether
do
disclaim
the
authority
of
the
Assembly
,
then
to
hazard
upon
a
fair
and
orderly
tryall
of
their
matters
;
yea
,
have
we
not
seen
some
already
ship
in
,
and
land
out
of
,
and
ship
in
again
in
that
Protestation
,
according
as
they
conceived
the
winde
of
affairs
then
in
the
time
to
blow
with
,
or
against
it
,
to
credit
,
or
discredit
,
advantage
or
disadvantage
;
conscientious
men
would
beware
now
that
this
same
motive
or
interest
,
do
not
prevail
over
them
,
to
neglect
due
Examination
of
the
grounds
of
that
Protestation
,
or
to
close
their
eye
against
such
light
as
might
haply
be
holden
forth
in
this
matter
,
to
the
discovery
of
the
lightnesse
and
non-relevancy
of
these
grounds
and
reasons
;
Therefore
put
reputation
and
dis-reputation
in
the
estimation
of
men
,
advantage
,
or
dis-advantage
worldly
to
thee
and
thy
condition
,
put
off
thy
sight
for
a
while
,
untill
thou
hast
pondered
and
compared
reason
with
reason
.
REVIEW
.
In
the
Application
of
this
Principle
of
selfish
interest
,
the
Author
assoils
some
,
conceiving
them
to
be
led
on
in
the
simplicity
of
their
hearts
,
by
the
subtilty
and
misguiding
of
others
,
whom
he
charges
with
adventuring
on
high
courses
and
attempts
,
tending
to
the
violation
of
the
Nationall
Oath
,
renting
and
ruining
the
Kingdom
,
trampling
on
Authority
,
and
carrying
with
them
tenets
contrary
to
the
minde
and
practice
of
all
Orthodox
Churches
and
to
the
Faith
,
&c
What
is
all
this
,
but
the
way
,
if
not
very
near
the
words
of
the
Prelaticall
and
Malignant
party
,
against
the
Instruments
of
the
Work
of
Reformation
Anno
1638
and
thereafter
,
who
because
the
Integrity
of
some
of
these
Instruments
was
above
exception
,
they
did
cast
the
appearing
of
these
in
that
Work
upon
their
simplicity
,
and
did
charge
others
with
falling
on
a
course
of
rebellion
,
as
not
being
able
to
endure
triall
in
the
high
crimes
,
whereof
(
as
they
said
)
they
were
guilty
;
but
the
Lord
ere
long
did
make
their
righteousnes
break
forth
as
the
morning
,
and
their
clearing
as
the
noon
day
,
and
I
trust
that
he
who
knowes
the
Innocency
of
these
Protesters
upon
whom
the
like
things
are
charged
,
shall
also
shew
them
the
like
mercy
in
Vindicating
them
from
all
the
reproach
that
hath
been
unjustly
cast
upon
them
.
But
to
the
point
if
these
prime
Contrivers
,
and
sticklers
in
the
businesse
,
had
before
that
time
adventured
on
such
high
courses
,
and
were
guilty
of
such
grievous
crimes
as
the
Author
chargeth
them
with
,
then
surely
these
simple
ones
of
whom
he
speaks
,
were
simple
exceedingly
,
who
could
see
nor
discern
none
of
these
things
that
were
so
obvious
to
the
view
of
others
;
but
notwithstanding
of
what
he
sayes
,
they
are
known
to
sharp
sighted
decerning
men
,
and
for
learning
,
circumspection
,
judgement
prudence
and
experience
in
the
things
of
God
,
and
the
Affairs
of
his
house
to
be
far
beyond
these
whom
he
takes
for
the
prime
contrivers
and
sticklers
in
the
businesse
,
and
to
be
inferior
to
none
of
their
opposers
;
yea
,
if
there
be
any
who
deserve
the
name
of
the
prime
contrivers
and
sticklers
in
the
matter
of
the
Protestation
it
is
some
of
these
who
had
no
hand
in
these
high
courses
which
he
mentions
,
and
who
upon
his
accompt
are
among
the
simple
ones
.
These
crimes
which
he
doth
so
positively
,
and
without
hesitation
charge
upon
some
,
especially
being
so
hainous
and
great
:
It
would
seem
,
that
both
charity
and
and
justice
would
have
required
that
he
had
brought
some
good
evidence
of
them
,
least
haply
his
Reader
trust
not
his
naked
Assertion
,
in
that
which
doth
not
onely
reach
the
reputation
,
but
also
the
life
and
being
of
others
;
And
if
he
would
have
men
to
believe
their
tenets
to
be
contrary
to
the
minde
and
practice
of
all
Orthodox
Churches
,
and
to
the
Faith
;
he
would
do
well
to
prove
them
to
be
so
,
untill
he
do
it
,
he
will
I
hope
allow
charity
to
these
who
deny
it
:
Some
of
the
greatest
Divines
of
this
Church
,
and
of
this
age
whose
praise
is
in
all
the
Reformed
Churches
do
affirm
and
have
proved
the
contrary
,
and
if
the
Authors
Assertion
be
true
,
I
fear
not
to
say
,
that
the
minde
and
practice
of
this
Church
these
years
past
hath
not
been
Orthodox
nor
agreeable
to
the
faith
in
order
to
these
tenets
,
because
they
have
been
clearly
taught
and
practised
by
this
Church
these
years
past
,
and
a
man
but
slenderly
seen
in
the
Doctrine
thereof
may
bring
forth
these
tenets
asserted
by
this
Church
in
the
same
letters
and
sillabes
;
and
may
give
clear
instances
of
her
practices
a-agreeing
with
the
same
;
It
hath
been
done
already
by
some
in
a
more
convincing
way
then
the
sharpest
opposers
of
these
tenets
have
as
yet
satisfyingly
answered
.
I
would
fain
know
what
ground
the
Author
had
to
say
,
that
the
prime
contrivers
and
sticklers
found
it
safest
for
them
rather
altogether
to
disclaim
the
Authority
of
the
Assembly
,
then
to
hazard
upon
a
fair
and
orderly
trial
of
their
matters
.
Their
consciences
do
bear
them
record
,
that
it
was
not
upon
any
jealousie
or
suspition
they
had
of
their
Cause
as
not
being
able
to
endure
the
light
;
&
reason
may
perswade
indifferent
men
to
think
,
that
they
did
not
look
upon
protesting
against
the
Assembly
as
the
safest
course
otherwise
then
in
order
to
their
duty
,
for
if
we
take
safety
as
it
might
concern
their
persons
,
they
could
hardly
have
done
any
thing
that
could
have
more
endangered
these
:
It
was
a
speedy
way
to
expose
them
to
the
censures
both
of
Church
and
State
,
as
did
appear
in
the
sequel
,
some
of
them
because
of
their
Protesting
being
deposed
by
that
Assembly
,
and
others
of
them
confined
by
the
civil
Magistrate
,
and
there
is
ground
to
presume
that
they
would
have
been
proceeded
against
with
further
censures
,
both
civil
and
Ecclesiastick
,
if
the
Lord
had
not
stopt
the
current
of
these
things
;
If
this
was
their
safest
way
,
why
do
men
of
his
own
judgment
so
frequently
say
,
that
if
the
Protestation
had
been
forborn
,
the
Assembly
would
not
have
censured
any
,
no
not
in
the
case
of
their
adhering
to
their
judgment
,
and
dissenting
from
the
judgment
of
the
Assembly
in
the
matters
of
the
Publick
Resolutions
.
If
we
shal
take
safety
in
order
to
the
cause
,
they
could
not
be
so
dull
as
to
think
,
that
their
Protesting
against
the
Assembly
would
keep
the
Assembly
from
trying
and
judging
of
their
cause
,
or
other
indifferent
men
from
searching
into
the
same
,
and
if
before
the
Protestation
,
it
could
not
abide
the
triall
,
it
did
but
put
them
in
a
much
worse
condition
to
Protest
upon
an
unwarrantable
ground
,
it
being
worse
to
defend
two
evill
causes
then
one
:
And
therefore
it
doth
not
appear
from
these
things
that
self-interest
was
the
spring
from
whence
these
Actings
did
flow
;
yea
,
the
contrary
(
if
any
thing
)
is
manifest
,
because
by
such
a
way
they
could
expect
nothing
but
the
hightning
of
all
former
reproaches
cast
on
them
,
the
exposing
of
themselvs
to
the
censures
both
of
Church
and
State
,
if
men
that
in
all
their
precious
interests
must
be
sufferers
because
of
their
doing
of
such
things
,
be
led
to
act
therein
upon
a
principle
of
selfish
interest
,
we
leave
it
to
judicious
and
indifferent
men
to
consider
and
give
their
judgement
,
whether
it
be
very
apparent
,
yea
,
or
not
?
It
is
true
that
some
two
or
three
did
partly
by
the
perswasion
,
and
partly
by
the
threatning
of
some
at
Dundee
,
resile
a
little
from
the
Testimony
which
they
had
given
at
St
Andrews
in
the
matter
of
the
Protestation
,
which
within
a
short
time
thereafter
they
did
repent
of
,
and
again
adhered
to
their
former
Testimony
,
not
upon
any
selfish-interest
,
or
eye
to
credite
or
advantage
(
as
the
Author
affirmes
)
there
being
no
appearance
first
or
last
,
that
by
adhering
to
the
Protestation
they
could
gain
any
of
these
things
,
but
on
the
checks
of
their
own
consciences
,
and
the
voice
they
heard
behind
them
,
saying
,
this
is
the
way
walk
ye
in
it
,
when
they
had
turned
aside
,
some
of
them
are
since
that
time
taken
out
of
the
land
of
the
living
,
and
I
trust
are
now
in
glory
,
and
I
can
assure
the
Author
and
all
others
,
and
if
it
be
doubted
,
I
wil
get
it
attested
under
the
hands
of
famous
witnesses
;
that
after
their
resiling
from
that
testimony
they
had
no
peace
nor
quietnes
in
their
spirits
for
a
long
time
,
but
went
down
mourning
to
their
graves
,
because
they
had
so
done
,
and
upon
their
death
beds
did
often
and
sadly
bemoan
it
,
that
they
had
missed
the
opportunity
to
give
some
publick
Testimony
and
Declaration
with
others
of
their
sorrow
for
the
same
,
and
of
their
purpose
and
resolution
to
adhere
to
the
Protestation
.
It
had
been
no
losse
to
the
Author
nor
his
cause
,
to
have
spared
such
sharp
(
let
me
not
say
bitter
)
and
personal
reflections
upon
conscientious
and
godly
men
,
as
he
many
times
needlesly
useth
,
he
and
all
others
whose
eyes
God
hath
opened
,
to
see
their
way
,
cannot
but
be
conscious
to
themselves
of
their
own
wandrings
,
and
how
much
they
owe
to
the
exceeding
riches
of
the
mercy
and
free
grace
of
God
,
that
hath
recovered
them
out
of
snares
.
VINDICATION
.
SEcondly
,
estimation
of
the
persons
,
the
Authors
or
Abbettors
of
this
Protestation
▪
God
forbid
I
should
think
,
say
,
or
advise
any
thing
to
the
prejudice
or
disadvantage
of
godlinesse
or
godly
persons
,
neither
shall
I
question
their
godlinesse
,
my
judgement
concerning
some
,
yea
many
of
them
is
very
positive
;
having
by
experience
and
acquaintance
seen
,
I
must
say
,
much
of
the
image
of
JESUS
CHRIST
in
them
,
as
for
others
what
ever
they
have
been
every
whit
,
I
take
not
on
me
to
judge
them
,
nor
yet
think
I
it
pertinent
or
fit
so
to
do
;
That
there
are
godly
men
,
not
a
few
on
the
other
side
too
,
is
manifest
,
some
that
were
in
Christ
before
them
,
and
men
that
hath
suffered
for
the
Truth
and
Cause
of
God
,
when
others
had
not
the
honor
to
be
doers
for
it
;
and
are
ready
to
suffer
,
if
he
shal
call
them
to
it
,
though
some
uncharitably
and
rashly
(
to
say
to
the
best
of
it
)
spares
not
to
traduce
them
as
Apostates
and
backsliders
;
but
this
is
it
I
would
say
,
that
men
should
take
heed
that
they
make
not
a
snare
of
their
opinion
;
yea
,
or
the
reall
conviction
of
the
godlinesse
they
have
of
any
persons
by
approving
,
taking
up
,
or
following
their
sayings
,
opinions
or
practices
,
without
due
examination
and
triall
upon
this
accompt
,
because
they
are
godly
persons
from
whom
such
things
proceeds
.
It
is
well
and
expedient
for
such
as
would
in
this
dangerous
time
walk
circumspectly
,
and
shun
snares
,
to
remember
as
to
this
present
caution
two
things
:
1.
That
true
godlinesse
is
not
of
such
perfection
in
any
on
this
side
of
eternity
,
as
doth
exempt
them
from
all
erring
,
whether
in
judgement
or
practice
,
nor
yet
from
stiffe
maintaining
mistakes
,
when
once
they
have
turned
aside
unto
them
.
Luther
was
a
godly
man
,
and
had
much
of
CHRIST
in
him
;
I
think
none
of
them
interessed
in
the
present
businesse
will
compare
with
him
,
yet
who
knoweth
not
what
great
errouns
he
held
in
the
matters
of
God
,
and
maintained
not
only
stiffely
,
but
violently
to
the
great
prejudice
of
Religion
,
and
obstruction
of
the
work
of
Reformation
,
under
which
the
Reformed
Kirks
do
groan
yet
unto
this
day
.
2.
How
wofull
a
snare
;
this
(
I
mean
not
godlinesse
,
but
the
overweighing
conceit
of
persons
reputed
to
be
godly
)
hath
proved
in
the
neighbour
Nation
and
Kirk
;
Hath
not
this
been
one
of
the
chiefest
stratagems
and
engines
whereby
Satan
hath
prevailed
,
to
mar
the
fair
work
of
Reformation
,
so
happily
and
hopefully
once
begun
there
,
and
filled
that
Land
with
unparalelled
confusions
under
which
now
it
groans
?
Foelix
quem
faciunt
aliena
pericula
cautum
.
It
were
good
for
us
to
learn
wisedome
by
other
mens
dangers
,
and
to
be
warned
by
the
beacons
which
others
shipwrack
hath
set
up
to
us
,
lest
we
also
make
shipwrack
upon
the
the
same
schelves
;
and
then
say
,
but
too
late
,
non
putavimus
,
proverb
,
still
Scottish
men
,
wise
behinde
the
hand
,
prove
all
things
,
from
whatsoever
hand
they
come
,
and
hold
fast
that
which
is
good
.
REVIEW
.
I
do
indeed
believe
,
that
the
Author
doth
not
intend
to
say
or
advise
any
thing
to
the
prejudice
or
disadvantage
of
godlines
,
or
godly
men
;
yet
do
I
desire
him
seriously
,
and
in
sobernesse
of
minde
,
as
before
the
Lord
,
to
consider
,
whether
there
hath
been
something
in
the
late
Publick
Resolutions
,
and
in
the
proceedings
and
Acts
of
the
late
Assembly
at
Dundee
,
to
both
which
(
if
I
mistake
not
)
he
had
a
great
accession
,
that
is
prejudiciall
to
godliness
and
to
godly
men
:
Respect
to
these
did
exceedingly
abate
with
the
Publick
Resolutions
;
yea
,
enimity
against
these
did
exceedingly
grow
with
these
resolutions
;
a
thing
so
manifest
,
that
they
who
did
run
,
could
not
but
read
it
;
and
did
not
the
Acts
at
Dundee
,
wherein
besides
the
censures
that
were
inflicted
on
some
,
all
,
whether
Ministers
,
Elders
,
Expectants
,
Schoolmasters
,
Students
or
Professors
of
whatsoever
sort
,
who
shall
not
acquiesce
to
the
Acts
and
Conclusions
of
that
Assembly
,
and
who
after
conference
for
their
satisfaction
,
oppose
the
same
,
are
appointed
to
be
censured
,
do
not
(
I
say
)
these
Acts
import
a
prejudice
to
godliness
and
godly
men
,
if
prosecuted
and
executed
,
they
would
at
last
non-Office
,
and
non-Church
many
Godly
Church-Officers
and
godly
Church-Members
;
yea
,
I
fear
the
greatest
part
of
the
Godly
in
the
Land
.
His
testimony
concerning
the
godliness
of
many
of
the
Authors
and
Abettors
of
this
Protestation
,
I
do
willingly
accept
,
as
savouring
of
ingenuity
,
and
having
truth
in
it
:
I
wish
he
had
been
as
plain
and
positive
in
giving
his
judgment
concerning
others
:
Whilest
he
differences
them
from
these
to
whose
godliness
he
bears
testimony
,
and
saith
,
that
what
ever
they
have
been
every
whit
,
he
will
not
take
upon
him
to
judge
;
it
seems
that
he
would
render
them
suspected
,
if
not
have
them
taken
for
persons
naughty
or
little
worth
,
what
ever
be
his
meaning
in
it
,
or
his
judgment
of
these
others
,
I
shal
not
stand
to
enquire
into
it
;
there
be
none
of
the
Authors
or
Abettors
of
that
Protestation
,
to
whom
many
of
the
godly
in
Scotland
will
not
give
an
honest
testimony
,
neither
will
any
thing
that
any
of
them
have
been
,
contradict
the
same
,
if
at
any
time
they
have
been
in
a
wrong
way
,
yet
have
they
through
grace
repented
of
,
and
forsaken
the
same
:
And
it
concerns
the
Author
,
who
hath
been
a
sharer
of
the
like
precious
mercy
,
not
to
upbraid
them
,
but
to
acknowledge
the
goodness
of
the
Lord
both
to
them
and
to
himself
.
I
deny
not
,
that
there
are
godly
men
on
the
other
side
,
and
such
as
suffered
for
the
Truth
and
Cause
of
God
;
but
why
he
should
say
,
that
some
of
them
were
in
Christ
before
the
Protesters
,
and
that
they
were
sufferers
for
the
truth
,
when
others
had
not
the
honour
to
be
deors
for
it
,
I
do
not
well
understand
;
sundry
of
the
Protesters
,
for
their
being
in
Christ
,
and
suffering
for
the
Truth
and
Cause
of
God
,
are
through
grace
,
of
a
very
old
and
longstanding
,
and
famous
&
honorable
in
all
this
Church
.
I
cannot
reckon
the
moneths
or
years
since
the
one
or
the
other
did
begin
to
be
in
Christ
,
and
had
the
honour
to
suffer
for
the
truth
,
neither
do
I
desire
to
insist
on
the
comparison
,
blessed
be
the
Lord
for
all
that
are
in
Christ
,
and
for
all
who
suffers
for
his
Cause
,
I
wish
and
pray
,
that
all
of
them
may
conquer
and
overcome
,
and
if
any
of
them
be
turned
out
of
the
way
,
the
Lord
may
again
recover
them
,
and
make
their
last
dayes
better
then
their
first
.
It
is
true
,
some
of
the
Protesters
had
not
the
honour
to
be
doers
for
the
Cause
;
yea
,
were
opposers
of
it
,
when
some
of
the
other
side
were
suffering
for
it
;
but
what
if
they
have
obtained
mercy
,
because
they
did
it
ignorantly
through
unbelief
:
if
not
to
be
a
doer
for
the
Cause
;
yea
,
if
to
be
bearers
down
and
opposers
of
the
Cause
,
when
others
were
suffering
for
it
,
be
a
good
plea
against
any
of
the
Protesters
,
I
fear
most
part
of
the
late
Assembly
must
leave
their
Benches
and
go
to
the
Bar.
I
know
none
that
traduces
these
godly
men
as
Apostates
;
yea
,
I
know
and
am
perswaded
,
that
the
Protesters
have
an
high
and
honourable
estimation
of
them
for
their
piety
and
parts
,
and
for
the
great
things
whereof
the
Lord
hath
made
sundry
of
them
instrumentall
in
his
House
;
and
though
they
cannot
but
testifie
,
unlesse
they
would
be
unfaithfull
,
that
the
course
which
these
men
have
followed
this
while
past
in
the
matter
of
the
Publick
Resolutions
,
is
a
course
of
defection
and
back-sliding
,
yet
do
they
not
use
to
call
them
back-sliders
,
much
lesse
Apostates
,
and
if
any
others
do
it
,
they
are
not
therein
approven
or
allowed
by
them
.
I
joyn
with
the
Author
in
his
advice
,
that
men
should
take
heed
that
they
make
not
a
snare
of
the
opinion
;
yea
,
or
the
reall
conviction
of
the
godlinesse
they
have
of
any
persons
by
approving
,
taking
up
,
or
following
their
sayings
,
opinions
or
practices
,
without
due
examination
and
tryall
upon
this
accompt
because
they
are
godly
persons
,
from
whom
such
things
proceeds
,
as
being
an
advice
wholesome
and
profitable
in
it self
,
and
as
having
ground
to
think
,
that
the
estimation
of
some
mens
persons
and
judgements
the
last
year
,
had
influence
upon
some
,
to
gain
them
to
the
Publick
Resolutions
,
and
to
the
proceedings
of
the
Assembly
.
I
do
also
joyn
with
him
in
the
substance
of
the
two
things
which
he
adds
for
strengthning
of
this
present
caution
,
only
desiring
him
to
be
impartial
in
the
application
of
the
first
,
and
to
look
homeward
aswell
as
abroad
,
and
to
guard
well
both
in
the
first
and
last
,
that
in
discovering
the
errors
or
weakness
of
some
who
are
truly
godly
,
or
the
hypocrisie
of
others
who
pretend
it
,
the
hands
of
the
prophane
,
and
such
as
hate
and
mock
at
godliness
,
and
insult
over
the
infirmities
and
blemishes
of
the
Saints
be
not
strengthened
,
nor
godliness
nor
godly
men
brought
in
contempt
.
VINDICATION
.
3.
The
pretences
and
big
professions
of
good
,
upright
and
zealous
intentions
and
affections
towards
the
Cause
of
God
and
welfare
of
the
Kirk
of
God
in
this
Land
.
I
shall
,
nor
dare
question
the
uprightnes
of
the
intentions
of
some
;
yea
,
many
of
them
may
,
I
am
verily
perswaded
of
some
of
them
,
that
they
are
far
from
doing
any
thing
intentionally
or
formally
and
directly
intending
the
overthrowing
or
wronging
any
of
the
Ordinances
of
Jesus
Christ
setled
in
this
Kirk
,
or
the
peace
thereof
:
and
that
if
they
be
led
in
any
course
in
the
matter
prejudiciall
to
any
of
these
,
it
is
as
many
w●t
out
with
Absolom
,
in
the
simplicity
of
their
hearts
.
But
fi●st
it
would
be
remembred
,
that
many
may
be
very
zealous
in
their
intentions
for
God
,
and
yet
that
zeal
be
not
according
to
knowledge
:
where
there
is
much
zeal
for
any
end
,
there
be
also
much
mistake
about
mids
towards
that
end
:
and
where
there
is
much
and
clear
knowledge
in
many
things
,
there
may
be
much
mistaking
about
some
or
moe
particulars
:
a
good
intention
is
necessary
,
that
a
man
may
be
approven
before
God
in
his
actions
;
but
it
is
not
enough
to
make
his
actions
good
or
imitable
by
others
:
And
certainly
this
is
the
chief
thing
to
be
considered
by
thee
,
ere
thou
allow
,
follow
,
or
comply
with
the
course
of
any
other
man
,
not
what
good
intention
or
zeal
they
do
professe
,
but
what
good
ground
or
reason
they
have
for
the
course
;
ay
,
but
may
some
great
knowers
say
,
This
is
poor
,
who
knowes
not
this
?
this
is
a
common
known
principle
of
acting
,
that
we
should
not
lippen
to
mens
professions
,
of
straight
,
honest
and
good
intentions
,
but
seek
what
warrant
they
have
for
their
actions
.
It
is
true
,
it
is
a
common
known
and
plain
principle
;
but
common
principles
are
better
known
,
then
made
use
of
,
and
hath
need
to
be
pressed
,
that
they
may
be
hated
in
our
actings
,
and
amongst
others
,
this
especially
in
these
times
,
Great
Professions
of
honest
and
straight
purposes
and
intentions
,
especially
made
by
men
who
are
presumed
to
have
much
knowledge
,
and
have
been
found
in
many
things
right
,
are
ready
to
make
others
who
are
credulou●
and
more
simple
,
oftentimes
secure
and
negligent
,
to
try
and
prove
their
actings
,
and
so
oftentimes
suffer
themselves
to
be
led
out
of
the
way
.
2.
Albeit
(
as
I
said
before
)
I
do
not
question
the
uprightnes
and
sincerity
of
some
profession
,
concerning
their
intention
and
their
affection
,
yet
I
shall
desire
the
Reader
to
compare
the
professions
made
in
the
Narrative
of
the
Protestation
in
hand
,
with
some
late
practices
of
some
that
had
hand
therein
,
and
these
not
of
the
low
form
.
First
,
they
professe
,
that
while
they
live
it
shall
be
acknowledged
how
gracious
GOD
hath
been
,
in
giving
to
this
Kirk
pure
Ordinances
,
and
that
they
desire
mercy
and
grace
to
adhere
to
the
Worship
,
Doctrine
,
Discipline
and
Government
established
in
this
Land
.
This
indeed
is
a
good
Profession
,
but
suppose
that
which
is
certain
and
evident
,
that
when
we
speak
of
great
estimation
of
,
and
adhering
to
the
Discipline
and
Government
established
in
this
Kirk
we
must
conceive
this
in
relation
to
the
Ordinances
,
not
only
in
the
abstract
and
dogmate
,
but
also
in
concreto
,
and
as
they
are
in
actu
exercito
,
actually
existing
,
and
as
they
are
exercised
in
Judicatories
constituted
accordingly
,
let
a
man
professe
what
he
will
of
soundnes
and
constancie
in
point
of
judgment
concerning
Discipline
and
Government
established
in
the
Kirk
,
yet
if
he
be
found
a
contemner
of
the
exercise
of
that
Discipline
,
and
of
the
lawfull
Judicatories
invested
with
the
Government
,
no
wise
man
will
acknowledge
that
man
to
have
a
due
estimation
of
,
or
to
be
a
constant
adherer
to
these
ordinances
,
except
it
may
be
in
so
far
as
he
holds
somthing
of
them
in
his
own
hand
,
and
that
is
himself
;
nay
,
such
professions
are
but
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
good
words
and
fair
speeches
to
deceive
the
hearts
of
the
simple
.
This
laid
down
,
let
any
ingenuous
and
indifferent
men
take
unto
consideration
but
some
practice
of
some
of
the
Protesters
,
and
judge
how
agreeable
they
are
to
the
former
profession
,
and
adhering
to
the
Discipline
and
Government
setled
in
this
Church
;
1.
Condemning
Acts
and
Constitutions
of
the
supream
Judicatories
of
the
Kirk
most
unanimously
concluded
,
(
themselves
being
present
and
not
contradicting
,
but
positively
by
their
votes
consenting
thereunto
)
and
that
not
in
a
private
way
,
but
in
a
Remonstrance
publickly
emitted
to
the
World
,
and
presented
to
the
State
,
without
having
so
much
respect
to
these
Judicatories
,
as
(
which
due
estimation
of
,
and
adhering
to
the
established
Government
of
the
Kirk
did
require
)
once
to
have
had
recourse
to
them
,
first
by
supplication
or
desire
to
re-examine
,
or
to
take
to
their
consideration
again
these
Acts
and
Constitutions
;
yea
,
refusing
to
apply
themselves
to
them
in
such
a
way
,
as
that
when
advised
and
earnestly
pressed
thereunto
,
as
orderly
,
by
some
to
whom
they
had
communicated
the
design
of
the
Remonstrance
:
the
former
part
of
this
is
evident
from
the
Western
Remonstrance
,
condemning
the
Treaty
with
the
King
,
and
closing
thereof
,
allowed
,
approven
and
ratified
by
the
Generall
Assembly
1650.
If
it
be
said
,
that
that
Remonstrance
was
communicated
to
the
Commission
of
the
Kirk
before
it
was
presented
to
the
Estate
,
that
is
true
;
But
beside
that
,
the
Commission
had
not
power
to
judge
the
Acts
and
Constisutions
of
the
Assembly
.
It
was
presented
unto
them
meerly
to
have
had
their
concurrence
in
presenting
it
to
the
Estate
,
if
that
could
have
been
obtained
;
but
with
no
desire
to
advise
and
give
their
judgment
upon
the
matter
contained
in
it
;
yea
,
these
that
came
with
it
,
required
,
If
they
had
any
power
committed
to
them
to
change
any
thing
of
it
;
they
plainly
declared
,
that
though
some
expressions
might
be
changed
,
yet
they
had
no
power
,
and
were
not
to
alter
one
jote
of
the
matter
;
so
determined
were
they
of
themselves
,
and
antecedently
to
the
cognition
of
the
Publick
Judicatories
.
The
latter
part
is
evident
by
Mr.
John
Carstaires
Letters
written
to
the
Lord
Register
,
about
the
time
of
the
contriving
that
Remonstrance
from
Edinburgh
,
and
intercepted
at
the
Ferry
of
Airth
,
or
thereabout
.
REVIEW
.
I
Shall
say
nothing
of
the
charity
he
alloweth
many
,
and
of
the
perswasion
that
he
hath
of
some
,
that
they
are
far
from
doing
any
thing
intentionally
,
or
formally
and
directly
intending
to
overthrow
or
wrong
any
of
the
Ordinances
of
JESUS
CHRIST
,
setled
in
this
Church
,
or
the
peace
thereof
;
he
hath
reason
to
allow
them
that
and
somewhat
more
,
but
this
allowance
of
his
to
some
,
doth
leave
others
under
a
hard
construction
,
not
onely
in
regard
of
their
work
,
but
also
in
respect
of
that
which
is
their
formall
and
direct
intention
,
another
years
proof
of
them
,
may
haply
force
better
thoughts
both
of
their
intentions
&
actions
,
in
the
hearts
of
some
who
now
for
along
time
have
mistaken
them
,
because
they
could
not
join
in
the
Publick
Resolutions
,
which
to
them
was
to
be
found
in
the
way
of
Egypt
,
and
to
drink
the
waters
of
Sihor
;
in
the
mean
while
they
are
comforted
in
this
,
that
their
own
hearts
doth
not
condemn
them
,
neither
in
their
intentions
or
actions
,
what
he
saith
of
a
zeal
,
not
according
to
knowledge
and
of
mistakes
about
midses
and
of
a
good
intention
,
that
it
is
not
enough
to
make
a
mans
actions
good
or
imitable
by
others
;
but
that
is
to
be
considered
,
what
good
ground
or
reason
they
have
for
their
course
,
and
of
the
applying
of
common
principles
which
are
better
known
then
made
use
of
.
In
all
these
things
I
do
agree
with
him
,
and
wishes
,
that
they
may
be
blessed
of
God
unto
his
Readers
and
all
others
.
But
let
us
come
to
examine
the
things
whereby
he
endeavours
to
render
the
Professions
of
the
Protesters
suspected
,
as
not
agreeing
with
some
of
their
principles
and
actions
;
for
making
out
of
which
,
he
desires
the
Reader
to
compare
the
professions
made
in
the
Narrative
of
the
Protestation
,
with
some
late
principle
▪
of
some
that
had
hand
therein
,
and
these
not
of
the
lowest
note
.
Fir●
,
(
saith
he
)
they
professe
,
that
while
they
live
,
&c.
I
acknowledge
,
that
I
have
no
great
skill
of
School
tearms
;
but
I
conceive
,
that
when
in
this
place
he
speaks
of
the
Ordinances
in
concreto
,
and
as
they
are
in
actu
exercito
,
actually
existing
,
and
as
they
are
exercised
in
Judicatories
constitute
accordingly
,
he
means
not
of
every
kinde
of
concretion
and
exercise
of
Ordinance
quovis
modo
;
for
they
may
have
an
honest
and
honourable
estimation
of
Ordinances
,
who
bear
testimony
against
the
corruptions
and
mal-administrations
of
the
abusers
of
them
;
otherwayes
these
who
have
been
most
zealous
and
straight-hearted
for
the
Ordinances
in
all
Ages
,
should
be
found
among
the
despisers
of
Ordinances
,
and
none
more
then
many
of
the
gracious
Worthies
of
this
Land
,
who
were
ready
to
lay
down
their
lives
for
the
Ordinances
,
and
yet
did
bear
publick
testimony
both
against
the
corrupt
constitution
and
corrupt
Acts
of
Assemblies
,
and
all
male-administrations
that
were
of
any
importance
to
the
prejudice
of
the
Kirk
,
or
any
of
the
Ordinances
of
Christ
therein
,
which
was
so
far
from
rendering
their
professions
suspected
,
that
it
was
a
reall
evidence
of
the
truth
and
sincerity
thereof
.
But
I
think
he
means
of
such
a
concretion
and
exercise
of
Ordinances
,
(
though
it
had
been
fit
to
expresse
it
more
clearly
)
as
is
agreeable
to
the
rule
of
Gods
Word
,
for
so
he
seems
to
hint
,
when
he
sayeth
,
as
they
are
Judicatories
constitute
accordingly
;
and
in
this
sense
the
carriage
of
the
Protesters
doth
well
stand
with
their
Professiors
,
in
reference
to
the
Ordinances
.
Having
laid
down
this
ground
and
distinction
of
Ordinances
,
not
onely
in
the
abstract
and
dogmate
,
but
also
in
concreto
,
and
as
they
are
in
actu
exercito
;
he
comes
in
the
next
place
to
give
some
instances
of
some
practices
of
some
of
the
Protesters
,
in
setting
down
of
which
he
hath
been
very
industrious
,
to
gather
and
put
together
a
bundle
of
such
things
as
he
thinks
may
bring
their
Professions
in
suspicion
and
contempt
;
I
shall
not
meet
him
with
the
like
measure
;
if
it
were
Christian
and
seasonable
work
,
more
haply
might
be
holden
forth
of
the
practices
,
not
of
some
only
,
but
of
many
sticklers
for
the
Publick
Resolutions
,
that
goes
cross
their
Profession
to
the
Doctrine
,
Worship
,
Discipline
and
Government
of
the
Church
of
Scotland
,
then
the
Author
can
or
will
answer
;
but
because
to
recriminate
,
is
not
to
answer
,
I
come
to
the
particular
instances
which
he
gives
:
The
first
is
,
their
condemning
Acts
and
Constitutions
of
the
supream
Judicatories
of
this
Church
.
which
he
aggravates
by
many
circumstances
.
First
,
that
these
Acts
were
most
unanimously
concluded
.
Secondly
,
that
themselvs
were
present
,
and
did
not
contradict
.
Thirdly
,
that
they
were
positively
consenting
thereto
by
their
Votes
.
Fourthly
,
that
they
condemned
these
Acts
,
not
in
a
private
way
,
but
in
a
Remonstrance
,
publickly
emitted
to
the
World
,
and
presented
to
the
State
.
Fifthly
,
that
all
this
was
done
,
without
having
so
much
respect
to
these
Judicatories
,
as
first
to
have
recourse
to
them
by
supplication
,
and
desire
to
re-examine
,
or
take
to
consideration
again
these
Acts
and
Constitutions
.
yea
,
refusing
to
apply
themselves
to
them
in
such
a
way
,
when
advised
and
earnestly
pressed
thereto
,
as
orderly
,
by
some
to
whom
they
had
communicated
the
design
of
the
Remonstrance
.
To
all
which
I
return
,
that
the
Argument
taken
in
its
strength
,
doth
not
seem
to
conclude
much
for
evacuating
the
Professions
of
the
Protesters
to
the
Doctrine
,
Worship
,
Discipline
and
Government
of
this
Church
,
unlesse
we
lay
this
for
a
ground
,
that
whosoever
represents
and
remonstrates
his
judgment
against
any
one
of
the
Acts
of
the
Assembly
of
this
Church
,
belyes
the
Profession
which
he
makes
of
respect
to
the
Doctrine
,
Worship
,
Government
and
Discipline
thereof
.
Secondly
,
the
Assembly
was
not
sufficiently
informed
concerning
these
transactions
with
the
King
,
but
severall
important
particulars
which
would
have
contributed
much
for
clearing
of
the
businesse
,
were
keeped
up
from
,
and
not
reported
to
the
Assembly
;
to
wit
,
the
first
invitation
given
to
the
King
,
the
Act
appointing
him
to
be
restored
to
the
exercise
of
his
power
,
the
Kings
Letters
to
James
Graham
,
the
Kings
taking
the
Sacrament
after
the
order
of
the
Service
Book
kneeling
,
from
an
Episcopall
Doctor
,
and
an
Irish
Bishop
,
notwithstanding
that
he
had
signed
the
Treaty
,
and
that
intercessions
were
made
to
him
both
by
word
and
write
,
to
forbear
the
bringing
to
sea
with
the
King
all
the
English
and
Scots
Malignants
that
were
with
him
at
Breda
after
the
Commissioners
had
received
the
Letters
and
Acts
both
of
Church
and
State
,
disapproving
the
Treaty
at
Breda
:
The
way
how
the
King
was
induced
to
subscribe
the
Covenant
,
and
how
immediatly
before
his
taking
it
,
being
ready
to
land
in
Scotland
,
he
was
about
to
have
made
a
Protestation
,
but
that
some
of
the
Commissioners
would
not
tender
him
the
Covenant
upon
these
terms
.
How
lame
the
accompt
was
that
was
given
to
the
Generall
Assembly
of
that
businesse
;
some
of
the
Commissioners
confession
before
the
Commission
of
the
Church
at
Striveling
after
Dunbar
doth
bear
witnesse
;
it
may
be
remembered
that
the
Moderator
then
regrated
,
that
the
plain
businesse
was
not
made
known
to
the
Generall
Assembly
,
and
that
most
of
what
was
spoken
in
that
debate
at
Striveling
tended
rather
to
clear
the
Gen.
Assembly
then
to
justifie
the
Treaty
;
and
indeed
these
after
discoverie
;
of
hidden
and
sinfully
concealed
truths
,
may
plead
for
a
fair
construction
of
what
the
Assembly
did
in
approving
their
Commissioners
proceedings
,
which
belike
they
would
not
have
approven
if
they
had
known
all
the
truth
:
And
do
afford
sufficient
ground
for
the
Remonstrators
afterward
to
Remonstrate
them
,
without
reflecting
upon
the
Assembly
or
upon
their
own
professions
of
respect
to
the
Doctrine
and
Government
of
this
Church
.
Secondly
,
these
acts
were
not
so
most
unanimously
concluded
as
the
Author
affirmes
:
It
is
true
,
that
there
was
no
Protestation
nor
open
and
plain
dissent
by
any
member
of
the
Assembly
against
them
,
but
severall
members
who
had
profest
their
dis-satisfaction
with
that
matter
in
private
,
when
it
came
to
be
voted
in
Publick
,
they
did
so
qualifie
their
Vote
,
that
it
did
relate
onely
to
the
approving
of
the
diligence
of
the
Commissioners
,
insinuating
that
they
were
not
clear
to
approve
of
the
mater
;
I
acknowledge
that
it
was
a
weaknesse
that
they
did
not
plainly
declare
their
minde
(
which
some
of
them
were
requested
to
forbear
)
but
this
shews
that
there
was
not
so
great
unanimity
in
that
matter
as
he
speaks
of
:
He
is
not
ignorant
that
as
that
businesse
was
from
the
first
to
the
last
rashly
transacted
,
and
against
the
inclinations
of
the
generality
of
the
Godly
in
the
land
,
whilst
they
yet
did
see
the
King
continuing
in
his
opposition
to
the
work
of
God
,
so
also
against
the
inclination
of
many
in
the
Assembly
,
who
yet
could
not
find
a
ground
to
dissent
oppenly
from
that
conclusion
,
because
of
the
fair
representation
of
the
matter
made
to
them
.
Thirdly
,
before
the
Remonstrance
was
penned
,
there
was
palpable
and
clear
discoveries
of
the
hollownes
of
that
transaction
in
Holland
;
the
King
had
given
Commissions
to
the
Malignants
to
rise
in
Armes
,
and
had
himself
deserted
the
Judicatories
,
and
gone
away
to
join
with
the
Malignants
,
and
severall
other
things
of
that
kinde
were
made
known
,
before
there
was
any
meeting
about
the
Remonstrance
,
let
be
any
conclusion
taken
upon
it
.
Fourthly
,
there
could
not
be
any
address
to
these
Judicatories
by
way
of
supplication
,
or
otherwise
to
desire
them
to
re-examine
,
or
to
take
to
their
consideration
again
these
Acts
and
Constitutions
,
because
the
Gen.
Ass.
which
(
only
by
the
Authors
own
acknowledgement
)
had
power
so
to
do
,
was
not
then
sitting
,
nor
to
sit
for
eight
or
nine
moneths
thereafter
;
and
the
Lord
having
smitten
us
so
sore
,
as
at
Dunbar
,
and
being
still
threatning
more
wrath
,
it
was
no
time
to
delay
,
nor
dallie
the
representing
the
grounds
of
his
controversie
.
Fifthly
,
when
that
Remonstrance
past
,
the
Forces
of
the
West
,
were
enclosed
between
the
English
Forces
at
Glasgow
,
and
those
at
Carlile
,
and
resolved
to
lay
down
their
lives
in
the
defence
of
their
Religion
and
Country
,
and
therefore
thought
themselves
bound
to
exoner
their
consciences
in
a
free
and
plain
way
,
and
to
leave
that
Testimony
behinde
them
concerning
the
guiltinesse
of
the
Land
,
and
the
Judicatories
thereof
.
Sixthly
,
that
Remonstrance
was
not
the
deed
of
some
of
the
Protesters
onely
,
but
for
the
substance
:
First
,
the
deed
of
one
of
the
best
,
and
most
famous
Synods
of
this
Church
,
and
afterwards
both
for
substance
and
words
,
the
deed
of
a
very
considerable
number
of
Officers
,
gentlemen
and
Ministers
,
whose
integrity
and
zeal
for
the
Publicke
Cause
from
the
beginning
was
known
and
approven
,
not
onely
to
the
Judicatories
of
Church
and
State
,
but
to
all
good
men
throughout
the
Land
.
Seventhly
,
that
as
it
is
true
,
that
these
who
came
with
the
Remonstrance
to
present
it
to
the
Committee
of
Estates
,
being
required
if
they
had
any
power
committed
to
them
to
change
any
thing
thereof
,
did
plainly
declare
,
that
though
some
expressions
might
be
changed
,
yet
they
had
no
power
to
alter
any
thing
in
the
matter
;
So
it
is
no
lesse
true
,
that
these
who
did
require
them
,
if
they
had
any
such
power
,
being
told
,
that
they
had
power
to
communicate
the
same
unto
them
,
before
they
gave
it
in
to
the
Committee
,
and
to
take
their
advice
and
assistance
therein
,
did
not
after
the
reading
and
hearing
thereof
,
professe
any
dislike
of
the
matter
therein
contained
,
much
lesse
did
they
use
any
arguments
to
diswade
them
from
giving
it
in
,
which
gave
just
ground
to
the
other
to
think
that
they
did
approve
thereof
,
they
being
men
of
such
ripnesse
of
judgement
,
freedome
,
intimacy
and
friendlinesse
with
these
who
gave
it
in
,
that
they
could
not
but
look
upon
their
silence
as
an
approving
of
their
way
.
Eigthly
,
let
it
be
considered
,
whether
the
Remonstrators
,
or
these
who
were
hugged
by
the
Commission
of
the
Church
,
and
the
Meeting
at
St.
Andrews
and
Dundee
,
was
their
best
friends
,
and
most
forward
for
the
Publick
Resolutions
,
are
this
day
most
tender
of
the
Liberties
of
Church
and
State
;
the
latter
consenting
to
all
the
demands
of
the
present
power
,
and
the
former
every
where
refusing
,
as
to
that
which
is
said
to
be
proved
by
Mr.
John
Carstares
his
Letter
to
the
Lord
Register
,
how
weakly
is
this
alledged
;
Mr.
John
Carstares
was
then
a
prisoner
at
Edinburgh
,
the
Remonstrators
were
at
Dumfreis
:
the
Remonstrance
was
presented
at
Striveling
;
he
knew
not
so
much
as
either
matter
or
forme
of
the
Remonstrance
till
it
was
presented
,
how
then
could
he
give
advice
therein
?
Or
if
his
Letter
was
intercepted
,
how
could
that
advice
come
to
their
hands
that
they
might
hearken
thereto
?
If
there
had
been
any
thing
in
that
Letter
that
made
for
his
purpose
,
why
did
not
the
Author
cite
the
words
of
it
after
the
intercepting
thereof
?
It
was
shewed
to
Mr.
Robert
Dowglas
,
and
diverse
others
,
and
as
it
did
then
,
so
if
it
were
needfull
to
make
it
publick
,
it
would
now
prove
,
that
there
was
nothing
in
it
of
which
either
Mr.
John
,
or
my
Lord
Register
needs
to
be
ashamed
;
and
it
would
abundantly
confute
the
calumnies
of
some
,
and
correct
the
mistakes
of
others
,
particularly
in
the
thing
for
which
it
is
alledged
.
VINDICATION
.
SEcondly
,
publick
vilifying
of
Acts
of
the
Generall
Assembly
,
as
not
to
be
pressed
in
matters
of
conscience
,
witnesse
Mr.
James
Guthrie
his
Speach
,
uttered
publickly
in
the
Commission
at
Striveling
,
where
in
conference
upon
the
Western
Remonstrance
when
the
Moderator
did
once
and
again
presse
the
Act
of
the
Generall
Assembly
approving
the
close
of
the
Treaty
with
the
King
,
and
the
Declaration
of
the
same
Assembly
,
emitted
when
the
English
Army
entred
the
Land
,
against
that
part
of
the
Remonstrance
,
condemning
the
close
of
the
Treaty
,
he
publickly
answered
,
Presse
me
not
with
humane
constitutions
in
matters
of
Conscience
;
all
that
were
present
,
who
were
many
from
severall
parts
of
the
Kingdome
,
besides
Commissioners
can
well
remember
this
.
REVIEW
.
IF
Mr.
Ja.
Guthrie
be
a
vilifier
of
the
Acts
of
the
Assembly
,
he
seems
to
be
neither
so
ingenuous
nor
prudent
as
need
were
,
for
none
hath
pleaded
more
Acts
of
Assemblies
in
all
these
publick
differences
,
and
(
for
any
thing
I
know
)
hitherto
without
any
satisfying
answer
:
as
for
that
Speech
of
his
,
it
was
thus
,
in
that
meeting
many
Arguments
being
brought
to
confirm
the
Remonstrance
,
in
that
point
,
relating
to
the
Treaty
,
and
some
continuing
stil
to
argue
against
the
Remonstrance
in
that
particular
;
Mr.
Ro.
Ramsay
summed
up
the
arguments
brought
for
strengthening
the
Remonstrance
into
a
Sylogisme
,
to
which
no
reply
was
made
,
but
the
Authority
of
the
Gen:
Assembly
was
pressed
in
the
mean
while
:
some
godly
and
tender
men
,
who
were
Commissioners
for
the
Church
in
Holland
,
did
publickly
and
with
much
weight
of
spirit
,
declare
themselves
in
the
hearing
of
all
the
Meeting
,
that
they
by
their
mistakes
in
that
matter
,
did
conceive
themselves
accessory
to
all
the
misery
that
was
come
upon
Scotland
,
&
that
they
desired
to
repent
thereof
:
and
others
having
added
somewhat
concerning
the
smitings
of
their
conscience
in
that
particular
,
it
was
replyed
by
one
in
the
Meeting
,
where
were
all
these
tender
consciences
at
the
Generall
Assembly
,
and
when
he
who
made
that
Reply
,
and
others
did
insist
in
pressing
the
Act
of
the
Assembly
,
Mr.
James
Guthrie
said
,
you
would
study
to
satisfie
the
scruples
of
mens
consciences
,
otherwayes
then
by
pressing
on
them
the
Act
of
the
Assembly
:
was
this
speech
thus
circumstantiate
,
a
publick
vilifying
of
the
Acts
of
the
Assembly
.
Let
us
take
the
words
as
the
Author
alleadges
them
,
yet
have
they
a
very
good
meaning
,
because
humane
Constitutions
as
such
do
not
binde
the
Conscience
,
neque
enim
cum
hominibus
,
sed
cum
uno
Deo
negotium
est
conscientiis
nostris
,
saith
a
gteat
Divine
:
and
therefore
unless
men
would
strain
the
words
of
their
brethren
further
then
charity
or
verity
will
allow
them
,
there
can
be
no
weight
laid
upon
these
words
for
proving
Mr.
James
Guthries
practices
to
be
contrary
to
his
professions
:
We
shall
finde
the
Author
haply
before
the
close
of
this
Vindication
,
going
as
great
a
length
as
this
speech
will
reach
,
in
order
to
Acts
of
Generall
Assemblies
,
and
yet
I
believe
he
would
think
it
hard
measure
to
infer
such
consequences
from
his
words
.
VINDICATION
.
THirdly
,
tumultuous
deserting
and
running
out
of
the
publick
Judicatories
of
the
Kirk
,
and
threatning
the
same
,
because
of
some
matters
carried
therein
contrary
to
their
own
mind
,
witnesse
their
carriage
at
the
Commission
in
Perth
,
Novemb.
1650.
where
because
of
that
moderate
sense
given
them
upon
the
Western
Remonstrance
,
many
of
them
did
in
a
disorderly
way
,
desert
and
leave
the
Commission
,
never
daigning
to
come
to
any
meeting
thereof
afterwards
;
some
of
them
as
they
were
going
out
,
threatning
from
an
high
place
,
with
a
loud
voice
and
revenge
flaming
out
of
their
eyes
,
in
such
words
as
these
,
We
hope
well
we
shall
get
our
day
about
of
them
yet
.
REVIEW
.
THey
did
not
tumultuously
desert
and
run
out
of
the
Commission
,
much
less
did
they
threaten
the
same
,
because
of
some
matters
carried
therein
,
contrary
to
their
mind
;
such
of
them
as
did
depart
,
did
go
away
in
a
peaceable
and
quiet
way
,
without
any
tumult
and
disorder
,
having
now
stayed
for
a
considerable
time
,
first
at
Sterlin
,
and
then
at
Perth
,
and
not
knowing
any
further
busines
of
importance
that
the
Commission
meant
to
medle
with
at
that
time
.
As
for
the
instance
given
by
the
Author
,
seeing
he
is
pleased
in
other
places
of
his
Paper
to
name
particular
persons
,
why
did
he
not
also
name
the
persons
who
spoke
these
threatning
words
,
with
revenge
flaming
out
of
their
eyes
:
I
do
indeed
remember
,
that
the
spirits
of
many
gracious
men
who
were
then
present
,
were
much
weighted
and
sore
grieved
with
the
precipitant
proceeding
of
the
Commission
at
that
time
,
and
that
a
brother
did
lay
this
seriously
before
the
Commission
,
and
did
use
some
such
expression
,
as
the
Author
relates
;
but
that
it
was
in
a
threatning
way
,
or
with
revenge
flaming
out
of
his
eye
,
is
more
then
can
be
made
good
:
Such
a
word
may
be
spoken
with
sobernesse
of
minde
,
and
to
good
purpose
,
without
any
threatning
or
desire
of
revenge
:
whither
they
did
never
daign
to
come
to
any
meeting
of
the
Commission
thereafter
,
I
cannot
confidently
speak
to
it
either
upon
the
one
hand
or
on
the
other
;
but
I
can
confidently
say
,
that
as
they
did
never
take
any
resolution
not
to
come
,
so
also
that
their
staying
a
way
was
not
so
much
occasioned
by
this
proceeding
against
the
Remonstrance
,
though
that
was
a
matter
of
stumbling
and
offence
unto
them
,
as
by
something
that
followed
thereafter
,
which
did
convince
them
,
that
their
coming
to
the
Commission
might
well
encrease
strife
and
debate
,
but
that
it
would
contribute
little
or
nothing
for
their
own
edification
,
or
the
edification
of
others
.
Before
we
passe
this
point
,
I
shall
give
the
Reader
a
short
accompt
of
this
whole
businesse
.
After
the
presenting
of
the
Remonstrance
unto
the
Committee
of
Estates
at
Sterline
,
it
was
thought
fit
both
by
the
Committee
of
Estates
,
and
Commission
of
the
Assembly
,
that
these
respective
Meetings
should
meet
at
Sterline
,
the
_____
day
of
_____
to
take
into
consideration
what
answer
it
was
fit
to
give
unto
the
Remonstrance
,
and
what
to
do
in
other
things
that
did
concern
the
Defence
of
Religion
,
and
of
the
Kingdom
in
that
strait
they
then
stood
,
and
that
therefore
not
only
the
Members
of
these
Meetings
but
also
severall
others
Gentlemen
and
Ministers
should
be
advertised
to
keep
the
diet
;
notwithstanding
of
which
appointment
,
the
Committee
of
Estates
did
afterwards
adjourn
their
Meeting
to
Pearth
,
where
the
King
was
for
the
time
;
the
Commission
of
the
Church
,
according
to
the
first
appointment
,
with
severall
other
Ministers
,
having
met
at
Sterline
.
The
Remonstrators
came
there
to
understand
their
judgment
of
the
matters
contained
in
the
Remonstrance
;
which
being
read
,
and
the
chief
heads
thereof
debated
,
the
major
part
of
the
Commission
then
present
,
seemed
to
be
satisfied
therewith
,
and
some
were
desirous
to
have
a
present
determination
upon
it
:
The
Moderator
and
some
others
,
inclined
to
give
no
sense
at
all
upon
it
,
either
for
it
,
or
against
it
:
and
the
Committee
of
Estates
which
was
then
sitting
at
Perth
,
having
now
once
and
again
written
to
the
Commission
;
it
was
for
peace
sake
condescended
to
on
all
hands
,
that
no
sense
should
be
past
on
the
Remonstrance
by
the
Commission
,
and
that
the
Meeting
should
be
adjourned
to
Pearth
,
and
that
it
should
be
their
endeavour
,
that
the
States
should
declare
nothing
against
it
.
This
resolution
being
taken
at
Sterlin
upon
the
Saturday
,
the
Members
of
the
Commission
,
and
such
other
Ministers
as
was
present
,
and
the
Remonstrators
,
did
addresse
themselves
to
Pearth
.
On
the
Monday
morning
,
the
Remonstrators
after
their
coming
thither
,
hearing
that
the
Committee
of
Estates
were
about
the
condemning
of
the
Remonstrance
,
they
having
it
in
Commission
from
these
that
sent
them
,
and
thinking
it
incumbent
to
them
in
duty
to
desire
an
answer
,
and
in
such
an
exigent
to
professe
their
adherence
thereto
,
did
make
application
to
the
Committee
of
Estates
for
that
effect
;
after
which
,
the
Committee
of
Estates
did
pass
severall
Votes
condemning
the
Remonstrance
,
to
the
great
grief
of
sundry
of
their
own
number
,
who
did
dissent
from
it
,
and
protest
against
the
same
;
and
the
sentence
of
the
Committee
being
communicated
to
the
Commission
of
the
Church
,
and
they
also
desired
by
them
to
give
their
judgement
of
the
Remonstrance
.
These
who
were
sent
from
the
West
,
did
earnestly
supplicate
the
Commission
,
before
they
should
give
any
sentence
upon
the
Remonstrance
,
that
they
would
be
pleased
to
allow
them
some
time
,
till
they
might
return
and
communicate
with
these
who
had
sent
them
,
hoping
that
all
of
them
would
give
such
an
explication
or
their
meaning
in
the
things
which
were
stumbled
at
,
as
would
satisfie
the
Commission
;
Which
desire
seemed
so
reasonable
in
it self
,
and
necessary
at
that
time
,
for
preventing
of
differences
,
and
the
grieving
of
the
spirits
of
many
gracious
and
godly
men
,
who
had
been
faithfull
and
zealous
in
the
Cause
from
the
beginning
,
that
many
Members
of
the
Commission
,
did
earnestly
presse
that
it
might
be
granted
,
especially
seeing
they
had
met
with
so
great
disappointment
in
the
carriage
of
the
Committee
of
Estates
in
order
to
that
business
;
yet
notwithstanding
hereof
it
was
refused
,
and
the
Commission
did
proceed
also
to
condemne
the
Remonstrance
,
and
refer
the
further
sentencing
of
it
to
the
General
Assembly
;
sundry
of
these
who
were
at
Sterlin
being
now
gone
,
and
some
others
come
from
places
more
Northward
,
which
gave
occasion
to
sundry
at
that
time
to
apprehend
that
,
which
is
now
plainly
profest
by
some
considerable
Members
of
the
Committee
of
Estates
,
who
were
eager
in
condemning
the
Remonstrance
,
that
if
they
had
not
been
put
upon
it
by
some
Members
of
the
Commission
,
they
would
not
have
done
●t
from
this
vote
of
the
Commission
,
a
considerable
number
of
their
Members
,
about
sixteen
or
seventeen
,
as
I
remember
,
did
dissent
and
the
persons
interessed
in
the
Remonstrance
,
did
protest
;
and
I
fear
not
to
say
,
that
this
peremptory
precipitant
,
and
needlesse
haste
of
the
plurality
of
the
Commission
in
that
particular
,
was
a
great
occasion
of
all
the
division
and
rent
that
followed
thereafter
.
In
the
mean
while
the
Malignants
who
had
risen
in
Arms
,
were
agreed
with
,
and
an
Act
of
Indempnity
was
past
to
them
,
and
Colonell
Montgomerie
was
sent
against
the
Western
Forces
,
with
directions
to
force
them
,
if
they
would
not
willingly
agree
to
the
States
demands
;
and
it
was
no
great
wonder
,
if
after
so
many
dayes
staying
at
Sterlin
and
Perth
,
they
thought
fit
to
return
home
,
when
not
only
the
edge
of
the
censures
of
Church
and
State
,
but
of
the
Civill
Sword
,
which
was
just
now
imployed
against
the
Malignants
that
rose
in
Arms
without
any
warrand
,
is
on
a
sudden
turned
against
the
Western
Forces
which
were
raised
by
their
special
Warrant
and
encouragement
,
exprest
in
diverse
Acts
and
frequent
Letters
.
VINDICATION
.
FOurthly
,
Taking
upon
them
to
determine
matters
of
most
publick
and
greatest
concernment
,
antecedent
unto
,
and
without
so
much
as
once
speaking
or
waiting
for
the
judgment
of
the
Publick
Judicatories
,
to
which
the
determination
of
such
matters
do
belong
;
and
private
men
and
inferiour
Judicatories
ought
to
have
their
recourse
to
,
before
they
take
upon
them
to
e●it
any
determination
thereanent
;
witnesse
the
Western
Remonstrance
,
determining
the
exclusion
of
the
Kings
Interest
out
of
the
quarrell
of
the
Defensive
War
,
before
any
advice
or
sentence
given
thereupon
,
or
once
sought
from
any
Publick
Judicatory
.
REVIEW
.
THe
matter
of
most
publick
and
greatest
concernment
which
he
alleadges
,
they
take
upon
them
to
determine
was
,
the
exclusion
of
the
Kings
interest
out
of
the
quarrell
of
the
defensiue
War
,
before
any
advice
or
sentence
given
thereupon
,
or
once
sought
from
any
publick
Judicatory
;
but
they
did
not
determine
the
exclusion
of
the
Kings
interest
out
of
the
quarrell
of
the
defensive
war
,
otherwise
then
it
had
been
before
that
time
determined
,
both
by
Church
and
State
,
by
their
joynt
Declarations
at
the
West
Church
of
the
date
13.
of
Aug.
1650.
which
at
the
time
of
the
contriving
of
the
Remonstrance
,
was
standing
unrepealed
,
and
to
which
there
was
the
more
reason
then
to
adhere
,
because
the
King
had
deserted
the
Publick
Counsels
of
the
Kingdom
,
and
joyned
himself
to
the
Malignant
party
.
I
know
there
are
two
things
here
alledged
:
1.
That
that
Declaration
at
the
West
Church
was
repealed
,
by
the
Kings
subscriving
the
Declaration
emitted
by
him
at
Dumfermeling
,
a
litle
thereafter
.
2.
That
the
Remonstrance
goes
a
greater
length
in
excluding
the
Kings
Interest
,
then
that
Declaration
at
the
West
Chutch
.
To
the
first
of
these
I
answer
,
that
the
Kings
emitting
of
his
Declaration
did
not
in
the
Judgement
of
the
Committee
of
Estates
,
and
Commission
of
the
Church
,
repeal
the
other
;
and
therefore
the
other
Declaration
had
been
sent
unto
the
English
Army
,
before
the
King
did
emit
his
Declaration
;
so
after
that
,
upon
the
emitting
and
sending
thereof
to
the
Generall
of
the
English
Forces
,
he
did
make
a
return
,
importing
their
sense
thereupon
.
The
other
Declaration
at
the
West
Kirk
,
with
a
Letter
,
was
sent
back
,
intimating
,
that
we
did
still
adhere
unto
,
and
intend
to
fight
upon
that
state
of
quarrell
contained
therin
;
to
the
other
it
was
often
offered
by
these
who
came
from
the
West
;
that
if
there
was
any
thing
in
the
Remonstrance
that
seemed
to
go
a
greater
length
in
that
particular
then
the
Declaration
at
the
West
Church
had
done
,
they
were
willing
to
explain
it
,
and
to
fight
on
that
state
of
the
quarrell
that
was
contained
in
that
Declaration
,
without
adding
altering
,
or
diminishing
,
but
that
was
not
accepted
of
,
and
order
was
given
a
litle
thereafter
to
Colonell
Robert
Mountgomery
to
desire
or
force
them
in
the
West
to
joyn
under
him
,
and
fight
for
the
Kings
interest
in
all
his
Dominions
,
as
afterwards
the
Meeting
at
Dundee
did
ratifie
all
the
proceedings
of
the
former
Commission
excepting
that
Declaration
of
the
13.
of
August
,
which
as
it
did
insinuate
a
tacite
condemning
thereof
,
and
of
that
state
of
our
quarrell
and
cause
,
upon
which
we
have
fought
these
13.
years
past
,
so
did
it
insinuate
a
new
state
of
quarrell
in
order
to
the
Kings
interest
.
VINDICATION
.
FIfthly
,
emitting
causes
of
a
Publick
fast
,
and
sending
them
abroad
to
all
the
Presbyteries
and
Congregations
of
the
Kingdom
,
being
but
private
men
,
and
not
having
Authority
,
nor
being
a
Publick
Judicatory
,
witnesse
the
Fast
appointed
,
and
Causes
thereof
emitted
from
Striveling
the
1.
September
1650.
wherein
take
these
things
to
consideration
,
1.
The
Meeting
that
emitted
these
Causes
were
no
Publick
Judicatorie
,
but
some
members
of
the
Presbytery
of
the
Army
,
and
some
of
the
Commissioners
.
2.
That
sundry
godly
and
understanding
men
in
that
Meeting
earnestly
endeavoured
that
condescending
upon
Publick
Causes
of
the
wrath
of
God
manifested
in
that
defate
at
Dumbar
,
as
Causes
of
a
Fast
might
be
delayed
untill
the
week
next
following
,
that
there
might
be
a
full
Meeting
of
the
Commission
conveened
together
,
to
go
about
that
purpose
with
Authority
,
and
more
deliberation
,
but
were
born
down
by
the
vehemency
and
head-strong
forwardnesse
of
some
who
are
chief
men
in
this
Protestation
,
professing
so
much
respect
to
the
established
Government
of
this
Kirk
.
3.
That
there
was
no
necessity
of
haste
in
emitting
particular
Causes
(
there
was
rather
much
danger
in
doing
it
upon
so
short
deliberation
)
seing
the
publick
calamity
,
and
known
publick
sins
was
causes
evident
enough
to
all
,
of
humiliation
for
the
present
,
and
within
lesse
then
eight
dayes
,
a
Meeting
of
the
Commission
might
have
been
conveened
(
as
it
was
de
facto
conveened
,
within
that
space
)
to
condescend
upon
particulars
;
all
these
things
being
considered
,
was
it
not
usurpation
and
contempt
of
lawfull
Authority
,
and
the
Government
established
in
this
Kirk
;
to
say
,
that
the
Commission
at
their
Meeting
which
followed
,
did
approve
of
the
causes
emitted
by
them
,
it
doth
not
avail
to
clear
them
from
usurpation
and
contempt
of
the
Government
,
for
to
say
nothing
of
that
that
the
Commission
did
both
alter
somethings
in
them
,
and
adde
to
them
,
about
recommending
prayer
for
the
King
(
as
well
as
mourning
for
his
sins
)
in
the
humiliation
,
which
was
seemed
to
have
been
purposely
left
out
,
as
appeared
by
the
debate
made
about
it
,
when
it
was
mentioned
and
desired
in
the
Commission
for
the
space
of
half
an
hour
at
least
,
by
Mr.
James
Guthrie
,
and
the
Register
,
to
say
nothing
of
this
,
that
which
the
Commission
approved
was
the
matter
of
these
causes
,
and
not
the
way
of
emission
,
wherewith
many
of
the
Commission
shewed
themselves
exceedingly
dis-satisfied
,
as
a
practise
without
example
,
and
a
preparative
tending
to
the
overthrow
of
the
Authority
of
Government
,
but
did
forbear
to
challenge
it
at
that
time
for
peace
sake
.
REVIEW
.
THere
is
a
great
deal
adoe
here
for
little
or
nothing
,
which
saith
,
that
there
must
be
some
mystery
in
the
bottom
,
before
I
come
to
discover
it
,
I
shall
make
answer
to
the
particulars
alledged
,
First
by
a
narration
of
the
History
,
as
it
was
in
matter
of
fact
,
and
then
by
taking
off
the
things
which
are
challenged
by
the
Author
:
Our
Army
being
defeat
at
Dumbar
upon
the
Tuesday
morning
,
and
some
of
the
scattered
Forces
having
retired
towards
Striveling
in
the
end
of
that
week
,
a
considerable
number
of
the
members
of
the
Commission
,
and
Presbytery
with
the
Army
did
meet
there
,
to
take
in
consideration
what
was
fit
for
them
to
do
in
that
juncture
of
time
&
affairs
,
and
after
mutuall
debate
and
advice
,
finding
that
in
all
appearance
they
might
be
driven
from
thence
,
and
scattered
one
from
another
very
suddenly
,
the
Town
then
not
being
fenced
,
nor
any
furniture
or
provision
in
it
,
nor
we
having
any
bodie
of
standing
Forces
in
the
fields
to
interpose
betwixt
the
Town
and
the
Enemy
,
and
the
hand
of
God
laying
heavy
and
sore
upon
the
Army
,
and
upon
the
whole
Land
,
by
that
dreadfull
stroak
at
Dumbar
;
they
thought
it
expedient
that
there
being
one
or
two
wanting
to
make
a
Quorum
of
the
Commission
,
and
these
of
the
Commission
who
were
present
being
also
members
of
the
Presbytery
of
the
Army
,
and
sundry
other
Ministers
who
were
also
members
of
that
Presbytery
being
present
,
that
they
should
set
down
the
heads
of
these
things
for
which
(
as
they
conceived
)
the
Lord
had
smitten
us
,
&
send
them
abroad
to
the
Presbyteries
throughout
the
land
,
with
a
Letter
written
from
the
Presbytery
of
the
Army
,
not
injoining
them
as
causes
of
a
humiliation
to
be
keeped
by
any
Authority
,
but
humbly
representing
them
as
their
thoughts
●n
so
sad
a
time
,
and
desiring
their
brethren
to
join
in
a
publick
Fast
and
humiliation
thereupon
;
What
usurpation
or
contempt
of
lawfull
Authority
and
the
government
established
in
this
Church
was
here
?
As
to
the
things
challenged
by
the
Author
,
they
did
not
assume
to
themselves
any
authority
,
but
onely
write
their
humble
advice
,
as
their
Letter
did
humbly
shew
,
and
this
they
might
do
;
yea
,
it
was
expedient
for
them
to
do
it
,
as
things
then
stood
;
neither
were
they
so
private
as
the
Author
insinuates
;
the
Author
speaks
a
little
diminutively
of
them
,
when
he
cals
them
some
members
of
the
Commission
,
and
some
members
of
the
Presbytery
of
the
Army
;
there
wanted
but
one
or
two
of
a
Quorum
of
the
Commission
,
and
the
Presbytery
of
the
Army
was
numerous
and
well
conveened
,
as
many
certainly
as
gave
them
power
to
Act
in
any
thing
that
was
fit
for
the
Presbytery
to
meddle
with
.
These
sundry
godly
and
understanding
men
of
who●
he
speaks
who
were
for
a
delay
,
were
but
a
few
,
and
when
the
rest
of
their
Brethren
did
not
finde
it
expedient
,
they
did
not
e●ter
any
dissent
,
which
belike
they
would
have
done
if
they
had
thought
it
a
busines
of
any
such
consequence
as
the
Author
would
●ow
make
it
,
when
he
sayeth
,
they
were
born
down
by
the
head
strong
forwardnesse
of
some
,
professing
so
much
respect
to
the
established
government
of
this
Church
:
He
doth
but
shew
himself
like
the
man
who
wanting
better
weapons
,
did
throw
feathers
at
his
adversary
,
which
did
manifest
a
great
deal
of
desire
to
reach
blows
but
drew
no
bloud
;
all
the
Protesters
who
were
then
present
were
two
or
three
at
most
,
and
they
had
no
more
voices
but
their
own
;
but
it
seems
that
in
some
mens
judgement
,
where
ever
any
Protesters
are
they
must
bear
the
blame
of
all
the
things
that
are
conceived
to
be
done
amisse
.
As
to
the
next
,
there
was
a
necessity
,
because
there
was
no
appearance
that
they
would
get
leave
to
stay
together
for
to
meet
with
any
conveniency
for
a
long
time
thereafter
,
let
be
that
the
Commission
might
meet
within
eight
dayes
as
the
Author
asserts
.
It
will
be
acknowledged
by
such
as
knew
the
truth
,
that
if
the
English
had
at
any
time
within
eight
dayes
after
Dumbar
either
advanced
with
their
whole
Army
,
or
sent
any
considerable
part
thereof
to
Striveling
,
they
had
in
all
appearance
gained
that
place
,
and
so
made
an
easie
passe
for
themselves
to
overrun
the
whole
Land
,
and
was
it
not
every
bodies
fear
that
they
should
so
have
done
at
that
time
;
yea
,
did
not
all
of
us
many
time
blesse
God
that
they
did
it
not
:
And
what
could
be
the
danger
of
emitting
these
causes
by
way
of
humble
desire
,
and
brotherly
representation
,
seing
they
did
medle
with
nothing
but
that
which
was
palpable
and
manifest
;
yea
,
which
for
the
matter
had
been
condescended
upon
by
the
Commission
,
before
that
time
,
and
was
(
as
the
Author
himself
acknowledgeth
)
such
as
the
Commission
did
at
their
next
Meeting
approve
;
the
onely
thing
that
had
any
shadow
of
newness
in
it
,
was
that
of
the
crooked
and
precipitant
wayes
that
had
been
taken
for
carrying
on
the
Treaty
with
the
King
,
but
neither
was
that
new
,
because
the
Commission
at
Edinburgh
,
before
the
Kings
home
comming
,
had
in
a
very
large
Letter
to
the
Commissioners
at
Holland
,
holden
forth
their
great
dis-satisfaction
with
the
Proceedings
of
that
Treaty
in
many
particulars
;
and
the
Commission
at
Leith
,
before
the
defeat
at
Dumbar
,
had
also
holden
forth
the
Malignant
design
that
was
then
carryed
on
,
and
had
given
it
in
as
a
publick
cause
of
humiliation
to
the
Committee
of
Estates
.
It
is
true
that
the
Commission
was
de
facto
conveened
within
eight
dayes
,
but
as
we
have
already
said
:
It
was
not
propable
at
the
time
or
emitting
these
cause
,
that
it
should
so
have
been
;
and
I
pray
the
Author
or
any
rationall
men
soberly
,
to
think
what
motive
but
the
sense
of
duety
,
and
the
pressing
expediencie
of
the
thing
should
have
induced
these
Protesters
of
whom
he
speaks
to
be
so
headstrong
and
forward
,
to
anticipate
the
Meeting
of
the
Commission
,
seing
they
had
ground
to
think
,
that
the
Commission
at
their
Meeting
were
like
to
condescend
on
these
things
as
causes
of
Gods
wrath
,
which
was
verified
thereafter
,
by
the
approving
thereof
;
but
the
Author
tels
us
that
the
Commission
did
both
alter
somewhat
(
of
which
I
shall
afterwards
speak
,
and
adde
some
thing
;
to
wit
,
a
Postscript
,
recommending
prayer
for
the
King
;
aswell
as
mourning
for
his
sins
,
which
by
the
debate
that
was
made
against
it
by
Mr.
James
Guthrie
and
the
Register
,
for
the
space
of
half
an
hour
(
as
he
sayeth
)
seemed
to
have
been
purposely
left
out
,
and
that
which
the
Commission
approved
was
the
matter
of
these
causes
,
and
not
the
way
of
emission
,
wherewith
many
of
the
Commission
shewed
themselves
dis-satisfied
as
a
practice
without
example
,
and
a
preparative
tending
to
the
overthrow
of
the
Government
.
The
Commission
did
indeed
adde
that
postscript
concerning
prayer
for
the
King
,
against
the
expediency
of
which
addition
to
be
made
at
that
time
,
Mr.
James
Guthrie
and
the
Register
did
for
a
little
debate
,
how
the
Author
should
know
so
exactly
the
measure
of
the
time
,
I
leave
it
for
himself
to
answer
,
the
ground
of
their
so
doing
was
not
that
which
he
alledgeth
;
the
Register
hath
many
living
witnesses
that
he
was
no
adversary
to
praying
for
the
King
;
and
Mr.
James
Guthrie
having
keeped
that
humiliation
publickly
in
the
Congregation
at
Striveling
,
before
the
Commission
did
meet
or
make
any
such
addition
,
did
pray
for
the
King
,
and
why
should
they
have
opposed
that
which
was
their
own
practice
;
the
Author
is
a
little
beyond
due
bounds
,
when
he
sayeth
,
it
seems
to
have
been
left
out
of
purpose
,
their
debating
against
the
adding
of
it
was
,
because
at
first
they
did
not
conceive
that
there
was
any
necessity
to
make
an
expresse
and
distinct
Article
of
that
,
more
th●n
of
many
other
things
which
we
were
no
lesse
bound
to
pray
for
,
it
being
a
thing
so
obvious
,
common
and
ordinary
,
and
that
now
to
adde
it
was
to
minister
occasion
without
ground
,
to
make
others
conceive
that
it
had
been
indeed
formerly
left
out
of
purpose
,
and
so
to
raise
needl●●●e
jealousies
and
supitions
of
some
,
as
being
disaffected
to
the
King
.
Next
,
because
they
took
it
to
be
included
in
the
causes
formerly
emitted
,
though
not
expresly
;
yet
so
as
might
be
memorandum
enough
for
decerning
men
not
to
omit
it
;
he
that
mourneth
rightly
for
the
Kings
sins
,
will
also
be
an
intercessor
to
God
for
him
,
to
bestow
upon
him
the
contrary
graces
and
vertues
.
I
shall
not
debate
with
the
Author
whether
the
Commission
did
approve
only
the
matter
,
or
also
the
way
of
emission
of
these
causes
;
sure
I
am
,
they
did
not
condemn
the
way
of
emission
,
and
if
he
shall
be
pleased
to
look
upon
the
tenour
of
the
Letter
that
at
that
time
was
written
by
the
Commission
to
the
severall
Presbyteries
,
wherein
these
causes
are
mentioned
,
he
will
finde
something
that
looks
towards
an
approving
of
the
way
of
emission
as
well
as
of
the
matter
;
it
is
true
that
some
of
the
Commission
shewed
themselves
exceedingly
dis-satisfied
;
yea
,
more
exceedingly
then
was
fit
and
beseeming
their
place
and
parts
,
or
the
gravity
of
such
a
meeting
,
but
they
were
but
some
and
not
many
;
if
it
was
a
practice
without
example
,
it
had
also
a
ground
without
example
:
but
if
the
Author
shall
be
pleased
to
peruse
the
Registers
of
the
Church
,
I
believe
that
he
shall
finde
examples
of
particular
Presbyteries
sending
their
advice
abroad
concerning
causes
of
a
publick
humiliation
,
and
that
the
members
of
the
Commission
in
things
that
were
clear
and
unquestionable
,
and
could
not
admit
of
a
delay
,
have
sometimes
when
they
wanted
one
or
two
of
their
Quorum
done
some
things
of
publick
concernment
;
let
him
look
upon
the
Registers
of
the
Presbyterie
of
Edinburgh
,
and
of
the
Commission
and
he
will
find
ir
so
.
That
it
was
a
preparative
tending
to
the
overthrow
of
government
;
I
cannot
see
when
I
look
upon
it
as
impartially
as
I
can
,
I
know
that
he
formerly
called
it
an
usurpation
,
and
if
it
had
been
so
,
there
were
some
ground
for
this
new
charge
,
but
I
trust
,
I
have
sufficiently
vindicated
it
from
usurpation
,
and
therefore
there
is
nothing
brought
that
can
bear
the
weight
of
this
:
But
for
the
discovering
of
the
mistery
of
all
this
businesse
,
upon
which
so
great
a
stresse
is
laid
,
I
desire
the
Reader
to
be
informed
,
that
when
these
causes
of
humiliation
were
first
sent
abroad
,
one
of
the
Commissioners
of
the
Church
who
had
been
imployed
in
Holland
in
the
matter
of
the
Treaty
with
the
King
,
conceiving
that
his
carriage
in
that
imployment
was
reflected
upon
in
that
article
,
which
speaks
of
the
crooked
and
precipitant
wayes
that
were
taken
for
carrying
on
the
Treaty
with
the
King
,
as
one
of
the
causes
for
which
the
Land
ought
to
be
humbled
;
he
did
take
it
so
impatiently
,
that
not
only
did
he
declare
that
he
could
not
read
these
causes
as
they
were
first
emitted
,
and
that
if
they
should
be
read
in
the
Congregation
,
wherein
he
had
charge
,
he
behoved
to
make
some
Protestation
or
bear
some
testimony
against
them
;
but
also
when
he
came
te
the
Commission
did
sharply
chalenge
the
way
of
emiting
of
them
;
the
want
of
an
article
relating
to
prayer
for
the
King
,
and
that
Article
concerning
the
treaty
,
as
reflecting
upon
the
carriage
of
the
Commissioners
of
the
Church
imployed
in
Holland
in
that
businesse
,
because
the
Article
as
it
was
first
emitted
,
did
mention
the
crooked
and
precipitant
wayes
that
were
taken
by
sundry
for
carrying
on
of
the
Treaty
,
without
restricting
the
same
to
our
Statesmen
,
therefore
for
peace
sake
,
and
to
give
him
satisfaction
,
a
Postscript
was
added
to
the
Letter
which
was
at
that
time
written
by
the
Commission
,
and
sent
to
Prebyteries
concerning
prayer
for
the
King
,
and
the
Article
concerning
the
Treaty
with
the
King
was
some
what
altered
by
restricting
the
sundry
that
are
spoken
therein
to
sundry
of
our
statesmen
,
whereas
before
it
was
indefinite
,
and
without
any
such
restriction
;
and
these
are
the
additions
and
alterations
that
he
speaks
of
.
I
write
not
these
things
for
lesning
the
credi●e
and
reputation
of
that
person
,
or
bearing
upon
him
more
then
upon
others
,
any
particular
guilt
in
the
matter
of
the
Treaty
,
but
for
the
truthes
sake
and
that
he
may
be
exhorted
to
consider
yet
again
,
whether
the
zeal
of
his
own
credite
,
which
many
times
byasses
the
spirits
even
of
good
men
,
have
not
too
too
much
ingaged
him
in
the
defence
of
that
businesse
,
and
in
exaggerating
and
challenging
every
thing
that
seems
in
the
least
measure
to
reflect
on
the
same
,
which
he
hath
the
more
reason
to
do
,
not
onely
because
it
is
ingraven
on
the
hearts
of
the
generality
of
the
godly
in
the
Land
,
as
with
a
pen
of
iron
,
and
with
the
point
of
a
Diamond
,
that
this
Land
,
and
especially
the
Rulers
and
Minsters
thereof
,
have
sinned
a
great
sin
in
that
matter
of
the
Treaty
with
the
King
;
but
also
because
sundry
of
the
precious
and
godly
men
who
were
with
him
imployed
in
that
matter
,
do
bear
such
a
conviction
of
the
guiltinesse
thereof
upon
their
spirits
,
that
they
are
not
like
to
forget
it
whilst
they
live
,
and
some
of
those
who
were
most
active
and
forward
in
the
businesse
,
being
now
taken
out
of
the
land
of
the
living
,
did
upon
their
death
bed
confesse
their
guiltinesse
in
this
thing
,
and
sadly
bemoaned
it
before
the
Lord
in
the
hearing
of
faithfull
witnesses
who
do
bear
record
of
it
.
I
know
that
these
things
are
no
rule
to
him
,
but
they
may
,
and
I
hope
shall
provoke
him
to
search
this
thing
,
and
himself
therein
again
and
again
.
VINDICATION
.
SIxthly
,
Suffering
some
in
their
publick
Meeting
at
Edinburgh
,
contrary
to
solemn
Declaration
and
oath
made
,
both
in
our
Nationall
Covenant
,
and
Solemn
League
and
Covenant
,
by
writ
,
to
represent
this
as
a
main
cause
of
wrath
upon
the
Land
,
that
we
had
bound
and
engaged
our selves
to
Presbyteriall
Government
,
without
any
censure
passed
upon
the
said
Paper
or
testimony
given
against
it
to
this
day
,
though
now
it
be
going
abroad
in
Print
.
REVIEW
.
THe
Meeting
at
Edinburgh
did
not
omit
any
thing
that
was
in
their
power
,
for
the
hindering
of
the
giving
in
of
that
Paper
,
such
of
them
as
heard
of
it
before
it
came
in
,
shewed
a
great
dislike
of
it
,
and
dealt
as
seriously
as
they
could
with
the
Gentlemen
who
gave
it
in
,
to
forbear
it
;
and
when
it
came
in
the
Meeting
shew
their
dislike
of
it
,
and
did
appoint
some
of
their
number
to
confer
with
him
about
it
;
who
did
accordingly
confer
with
him
,
and
endeavour
to
inform
him
of
the
errors
contained
therein
,
and
in
the
Causes
of
the
Lords
wrath
which
were
condescended
upon
by
the
Meeting
at
the
same
time
;
they
did
give
a
testimony
against
the
matter
of
the
errors
contained
in
that
Paper
,
though
they
did
not
expresse
the
particular
words
and
articles
thereof
,
conceiving
it
not
fit
so
to
do
,
seeing
the
Paper
was
not
then
publick
,
that
it
afterwards
came
in
publick
,
was
contrary
to
their
desires
and
endeavors
,
&
also
to
the
knowledge
&
intention
of
him
who
gave
it
in
,
if
we
may
trust
his
own
testimony
,
which
I
believe
the
Author
wil
not
question
in
matters
of
fact
.
But
the
Author
stumbles
at
this
,
that
we
have
given
no
testimony
against
it
to
this
day
:
If
he
hath
read
the
testimonies
which
we
have
since
that
time
given
against
all
things
in
that
kind
,
that
may
import
any
prejudice
to
Presbyteriall
Government
,
or
to
any
part
of
the
Doctrine
,
Worship
,
Discipline
and
Government
of
the
Church
of
Scotland
,
he
doth
us
wrong
to
write
so
;
&
if
he
hath
not
read
them
,
then
he
shall
be
pleased
to
do
it
,
I
hope
in
this
he
shal
receive
satisfaction
:
It
becometh
us
not
to
boast
of
any
thing
that
we
do
,
it
is
through
grace
,
and
not
of
our selves
;
but
when
groundless
imputations
are
born
upon
us
,
to
render
the
integrity
of
our
Profession
suspected
,
indifferent
men
will
bear
with
us
a
little
in
our
folly
▪
if
we
say
that
in
this
day
of
temptation
we
have
not
been
behind
the
greatest
Zealots
for
the
Publick
Resolutions
,
in
bearing
testimony
for
the
Doctrine
,
Worship
,
Discipline
and
Government
of
the
Church
of
Scotland
,
and
for
all
things
relating
to
our
Religion
and
Liberty
,
and
yet
not
we
,
but
the
grace
of
God
in
us
.
VINDICATION
.
SEventhly
,
taking
upon
them
judicially
to
determine
a
Generall
Assembly
conveened
,
continued
and
closed
,
to
be
an
unlawfull
constitute
Assembly
,
and
judicially
to
condemne
the
Acts
thereof
,
which
no
power
on
earth
could
do
,
inferiour
to
another
Gen.
Assembly
,
and
to
assume
unto
themselves
the
authority
of
a
Publick
Judicatory
in
the
Kirk
,
as
having
Commission
from
another
prior
Assembly
,
before
it
was
examined
and
determined
by
a
judge
competent
,
whether
the
interveening
Assembly
,
(
whose
meeting
,
if
lawfull
,
did
extinguish
all
Commission
from
a
prior
Assembly
)
was
lawfull
constitute
or
not
,
all
the
world
shal
not
be
able
to
clear
this
from
usurpation
.
I
shal
adde
no
more
instances
to
this
purpose
,
though
I
might
a●de
not
a
few
;
and
as
for
these
I
have
brought
,
the
Reader
may
perceive
that
they
do
not
belong
directly
and
formally
to
the
matter
of
the
questions
in
controversie
between
the
Protesting
Brethren
,
and
the
late
Judicatories
of
the
Kirk
,
but
that
they
are
such
at
suppose
the
late
Judicatories
had
gone
wrong
in
some
of
these
matters
in
controversie
,
yet
they
can
never
be
cleared
from
contempt
and
wronging
of
the
established
Government
of
this
Kirk
,
which
in
their
carriage
to
the
General
Assembly
did
appear
,
which
was
not
straight
and
according
to
their
Profession
and
the
established
government
,
I
leave
it
to
be
judged
by
what
followeth
in
the
examination
of
the
Reasons
they
alleadge
for
what
they
did
.
REVIEW
.
I
Shall
not
debate
with
the
Author
,
whether
they
have
taken
upon
them
judicially
to
determine
the
nullity
of
the
Assembly
at
St.
Andrews
and
Dundee
,
and
judicially
to
condemne
the
Acts
thereof
,
though
he
take
it
for
granted
,
it
may
be
that
he
have
some
difficulty
to
prove
it
from
any
deed
of
theirs
;
but
the
hinge
of
this
whole
businesse
in
reference
to
that
Assembly
and
the
Acts
thereof
,
and
the
setting
up
and
proceeding
of
the
Commission
of
the
Prior
Assembly
of
the
year
1650.
is
in
this
,
whether
that
Meeting
at
St.
Andrews
was
a
lawfull
free
Generall
Assembly
;
for
if
it
was
not
so
,
then
was
it
null
ab
initio
,
and
the
Commission
of
the
prior
Assembly
are
full
in
power
;
and
therefore
are
not
guilty
of
usurpation
,
or
of
the
assuming
of
any
authority
,
which
is
not
competent
for
them
,
but
do
only
exercise
that
which
was
given
them
,
whereof
they
have
still
the
just
possession
;
and
the
case
being
thus
,
as
I
hope
it
shall
be
made
to
appear
,
notwithstanding
of
any
thing
the
Author
hath
said
to
the
contrary
,
might
not
the
Commission
being
clearly
convinced
upon
good
grounds
,
of
the
unlawfulnesse
,
unfreedome
and
corruptnesse
of
that
Meeting
,
and
the
Acts
thereof
,
with
the
advice
of
diverse
Ministers
from
severall
parts
of
the
Land
,
agree
upon
this
as
one
o●
the
Causes
of
the
Lords
controversie
,
and
offer
and
advise
the
●ame
to
be
made
use
of
by
all
the
Lords
people
in
this
Land
Was
it
a
fault
in
our
non-conforming
fore-fathers
,
to
bear
a
testimony
and
give
their
judgment
against
the
six
corrupt
Assemblies
,
and
to
reckon
these
Assemblies
among
the
sins
and
guiltinesse
of
the
Land
,
and
to
desire
the
Land
to
be
humbled
for
them
.
If
any
of
the
Presbyteries
of
these
times
did
passe
a
Presbyteriall
judgment
and
sentence
upon
the
nullity
of
any
of
those
Assemblies
,
and
the
iniquity
of
their
Acts
,
did
they
wrong
in
so
doing
?
and
was
this
more
then
any
power
on
earth
could
do
that
is
inferiour
to
another
Generall
Assembly
?
If
it
be
thus
,
the
Church
is
like
to
be
in
an
ill
case
,
if
a
Generall
Assembly
once
go
wrong
.
I
know
that
Inferiour
Judicatories
have
not
power
over
the
Superior
,
as
a
Commission
or
Presbytery
over
a
Generall
Assembly
,
but
this
hinders
not
if
any
assume
to
themselvs
the
name
and
power
of
the
Superior
to
whom
they
do
not
belong
,
and
by
the
pretended
authority
thereof
make
unjust
Acts
;
but
the
Inferiour
may
from
the
Word
of
God
,
and
from
the
Acts
and
Constitutions
of
the
Church
,
declare
the
nullity
of
these
powers
,
and
the
iniquity
of
these
Acts.
The
Author
hath
taught
us
,
that
an
Assembly
both
wrong
constitute
and
erring
,
or
only
wrong
constitute
,
is
no
other
wayes
an
Assembly
,
then
a
painted
Man
is
a
Man
;
and
it
can
be
no
great
fault
for
any
living
Man
to
discover
the
deceit
of
an
Image
,
that
others
be
not
deceived
thereby
.
He
insinuates
,
that
he
could
adde
mo
instances
not
a
few
:
It
is
like
that
he
hath
brought
forth
these
in
which
he
conceived
the
greatest
weight
to
lye
;
and
if
these
being
weighed
in
the
ba●lance
be
found
light
,
we
need
not
be
afraid
of
what
is
yet
in
his
treasure
.
He
saith
true
,
that
the
instances
which
he
hath
brought
,
doth
not
belong
formally
and
directly
to
the
matter
in
question
,
but
he
hath
fetched
a
great
compass
to
get
them
in
,
supposing
by
these
things
to
reach
sore
blowes
to
the
Professions
of
the
Protesters
,
and
to
discover
the
hypocrisie
thereof
;
but
how
he
hath
proven
his
alleadgeance
,
I
leave
it
to
indifferent
men
to
judge
,
who
may
also
give
sentence
of
their
carriage
to
the
Generall
Assembly
,
after
the
perusall
of
his
Vindication
and
this
Review
.
VINDICATION
.
THeir
next
pretention
or
profession
is
,
that
they
look
upon
the
present
differences
of
the
Lords
servants
of
the
Ministery
,
as
one
of
the
greatest
tokens
of
the
Lord
his
indignation
against
this
Kirk
,
and
that
they
hold
it
their
duty
to
be
humbled
before
the
Lord
in
the
sense
thereof
,
and
by
all
lawful
and
sure
means
,
within
the
compass
of
their
power
and
station
,
to
endeavour
the
remedy
.
Verily
,
these
differences
are
so
to
be
looked
upon
,
because
of
the
anger
of
the
Lord
,
this
Land
is
darkened
;
a
man
spareth
not
his
brother
,
Ephraim
is
against
Manasseh
,
and
Manasseh
against
Ephraim
,
and
both
against
Judah
.
And
as
all
the
Lords
People
and
servants
in
the
Land
have
cause
to
be
humbled
before
the
Lord
in
the
sense
thereof
;
so
,
some
of
these
Brethren
in
a
speciall
way
,
as
being
the
main
Authors
and
promoters
of
these
rents
and
divisions
.
Let
impartiall
men
look
back
and
consider
the
beginning
and
progresse
,
and
every
step
of
the
present
divisions
in
this
Kirk
and
Kingdom
,
since
the
defeat
at
Dunbar
,
and
see
who
have
been
the
prime
Agents
thereof
.
I
shall
but
point
at
some
particulars
,
who
were
they
who
after
the
defeat
at
Dunbar
,
divided
one
part
of
the
remnant
of
the
Army
from
the
other
(
which
was
the
first
appearing
step
of
our
divisions
)
and
would
never
suffer
them
to
joyn
and
unite
together
again
,
was
not
the
contriving
of
the
Western
Remonstrance
the
next
step
of
our
division
,
and
of
it self
a
most
divisive
course
;
as
containing
positive
determinations
of
matters
of
publick
and
high
concernment
,
&
cond●mning
approven
publick
Acts
,
not
only
of
the
State
,
but
also
of
the
Gen.
Assembly
by
private
men
,
without
any
advice
had
or
sought
from
the
Publick
Judicatories
either
of
Kirk
or
State
;
yea
,
containing
also
in
the
close
thereof
,
a
band
engaging
themselves
to
prosecute
the
matters
of
that
Remonstrance
according
to
their
power
,
a
thing
judged
always
in
this
Kirk
a
most
divisive
thing
for
any
privat
men
to
do
by
themselves
.
Was
it
not
some
of
these
Brethren
,
who
when
the
Conference
was
at
Pearth
upon
the
Remonstrance
opposed
by
all
means
conjunction
with
the
distracted
Forces
of
the
Kingdom
,
and
when
it
was
proponed
in
the
Conference
,
if
they
injoying
their
own
judgement
concerning
the
dis-owning
of
the
Kings
Interest
,
yet
upon
other
grounds
of
the
quarrel
,
wherein
they
agreed
with
the
rest
of
the
Kingdom
,
would
joyn
with
the
rest
of
the
Forces
for
defence
against
the
common
Enemy
,
did
not
some
publickly
and
plainly
professe
,
that
they
could
not
,
and
they
would
not
joyn
:
Are
not
these
Brethren
the
men
(
that
because
the
sense
given
upon
the
Western
Remonstrance
,
though
the
most
moderate
,
and
with
much
tendernesse
and
respect
of
the
persons
having
hand
in
it
)
with-drew
themselves
in
a
most
tumultuous
and
disorderly
way
,
never
daigning
themselves
to
come
to
the
Meeting
thereafter
,
which
was
the
next
step
of
our
divisions
.
Was
it
not
a
divisive
course
,
when
the
Resolutions
were
given
to
the
Parliaments
Quare
,
concerning
persons
for
to
be
employed
in
the
defence
of
their
Countrey
,
presently
to
emit
and
spread
Papers
through
the
Countrey
(
under
pretence
of
writing
them
onely
as
Letters
to
the
Commission
,
expressing
their
scruples
)
condemning
the
said
Resolutions
as
a
defection
from
the
Covenant
and
former
principles
,
suppose
they
thought
in
their
Consciences
these
Resolutions
to
be
such
:
yea
,
suppose
that
really
they
had
contained
some
matter
of
that
kind
,
&
that
their
Commission
had
erred
(
as
humanum
est
labi
)
yet
they
shall
never
be
able
to
clear
themselves
before
indifferent
Judges
,
and
impartiall
of
divisive
walking
,
in
disdaining
to
come
and
propone
their
doubts
and
reasons
against
that
Resolution
,
in
an
amicable
and
modest
way
in
the
Commission
it self
,
and
taking
such
a
way
of
writing
and
sending
abroad
testimonies
(
as
they
called
them
amongst
themselves
,
peremptorily
condemning
,
traducing
,
and
tending
to
the
rendring
odions
,
honest
,
faithful
]
and
godly
Brethren
,
and
agenting
as
diligently
as
they
could
,
to
induce
others
through
the
Countrey
to
do
the
like
.
Many
other
instances
,
or
divers
motions
may
be
given
,
but
by
this
much
let
any
man
judge
,
if
they
have
not
cause
to
be
deeply
humbled
for
the
divisions
in
the
Land
amongst
the
Lords
servants
.
REVIEW
.
I
Shall
not
deny
,
but
some
of
these
Brethren
have
in
a
speciall
way
,
reason
to
be
humbled
for
the
divisions
of
the
Land
,
as
they
are
the
righteous
judgments
of
the
Lord
upon
their
sins
,
which
have
been
greater
then
the
sins
of
many
;
neither
am
I
so
zealous
of
their
credit
,
as
to
say
,
that
no
circumstance
of
their
carriage
in
these
things
,
could
have
been
better
ordered
,
they
are
but
poor
weak
men
,
compassed
with
many
infirmities
,
and
subject
to
the
like
passions
with
others
;
but
that
they
have
reason
to
be
humbled
in
a
speciall
way
,
upon
the
accompt
of
being
the
Authors
,
let
be
the
main
Authors
and
promovers
of
these
rents
and
divisions
,
is
a
groundlesse
and
unjust
charge
,
which
no
man
is
able
to
make
out
;
the
Author
doth
either
unknowingly
or
willingly
mistake
in
that
which
he
calls
the
first
step
of
the
divisions
,
to
wit
,
the
dividing
of
one
part
of
the
remnant
of
the
Army
from
the
Army
,
by
these
Brethren
:
These
Gentlemen
who
did
remove
from
Sterlin
immediatly
after
Dunbar
,
unto
the
West
,
did
go
thither
by
the
order
and
approbation
of
the
Committee
of
Estates
,
who
did
also
appoint
the
Leavies
of
the
West
,
and
their
Conducters
,
and
designed
their
work
to
them
from
time
to
time
,
as
can
be
made
good
by
many
Acts
and
Letters
,
under
the
Lord
Chancellour
and
Clerk
of
the
Committees
hand
,
and
they
were
therein
also
countenanced
by
the
Commission
of
the
Church
,
who
wrote
to
them
for
their
encouragement
;
yea
,
it
was
the
counsell
of
some
of
these
who
were
chief
in
the
Assembly
at
Dundee
,
that
these
Gentlemen
went
West
.
That
they
did
not
joyn
with
the
rest
of
the
Forces
of
the
Kingdom
,
was
,
because
it
was
refused
to
state
the
War
as
it
was
formerly
stated
by
the
Declation
of
the
Church
and
State
on
the
13.
of
August
,
1650.
and
to
satisfie
them
in
the
conduct
of
the
Army
,
by
appointing
a
man
qualified
according
to
the
solemn
Engagement
,
to
lead
the
Forces
.
What
he
sayeth
of
the
Remonstrance
,
which
he
calls
the
next
step
of
our
division
,
is
answered
already
,
except
that
which
he
alleadges
,
that
it
doth
in
the
close
thereof
contain
a
bond
,
engaging
themselves
to
prosecute
the
matters
of
that
Remonstrance
,
according
to
their
power
,
which
hath
been
often
cleared
by
themselves
,
that
it
did
contain
no
new
bond
to
any
new
thing
,
but
a
declaration
of
their
resolutions
to
keep
their
former
bonds
and
engagements
;
in
testimony
whereof
,
they
were
willing
,
and
did
often
offer
to
explain
their
meaning
in
this
particular
,
for
the
satisfaction
of
these
who
doubted
thereof
.
He
doth
(
under
favour
)
make
a
very
lame
relation
of
the
Conference
at
Pearth
.
In
that
conference
these
Gentlemen
and
Ministers
who
were
sent
from
the
West
,
did
often
declare
,
that
they
were
willing
to
fight
upon
that
state
of
the
quarrell
holden
forth
in
the
Declaration
of
the
13.
August
,
and
to
joyn
under
the
leading
Officer
of
the
Forces
of
the
Kingdom
,
providing
that
he
were
a
man
qualified
according
to
the
solemn
Engagement
to
duties
,
to
wit
,
of
a
blamelesse
and
Christian
conversation
,
and
of
unquestionable
integrity
and
affection
to
the
Cause
of
God
;
In
neither
of
which
,
satisfaction
was
offered
unto
them
,
and
therefore
it
is
no
wonder
though
they
had
refused
to
hearken
to
the
Proposition
which
the
Author
speaks
of
.
What
he
sayeth
of
their
with-drawing
themselves
from
the
Commission
,
upon
occasion
of
condemning
the
Remonstrance
,
and
of
their
not
daigning
to
come
again
,
I
have
already
answered
somewhat
unto
it
,
and
shall
answer
more
hereafter
.
For
clearing
of
that
which
concerns
the
Letters
written
to
the
Commission
,
and
testimonies
given
against
the
Commissions
Answer
to
the
Parliaments
Quare
,
I
shall
first
set
down
some
thing
of
the
matter
of
fact
,
then
answer
shortly
to
what
the
Author
sayeth
.
After
that
the
Party
of
Malignant
and
disaffected
men
in
the
Land
,
who
by
subtility
and
fair
pretences
had
got
the
power
of
the
Judicatories
and
of
the
Army
in
their
hand
,
Anno
1648.
were
defeat
at
Preston
,
the
Kingdome
and
Kirk
of
Scotland
taking
in
consideration
how
often
they
had
been
deceived
by
that
Party
,
and
how
much
they
had
sinned
against
God
,
and
smarted
under
his
hand
by
intrusting
of
them
,
and
complying
with
them
,
did
in
a
solemn
publick
way
confess
this
sin
,
and
did
solemnly
before
the
Lord
,
engage
themselves
to
do
no
more
so
,
but
to
be
carefull
to
purge
out
all
scandalous
and
malignant
men
out
of
the
Judicatories
and
Army
,
and
to
endeavour
that
such
as
was
intrusted
therein
,
should
be
of
a
blamelesse
and
Christian
conversation
,
and
of
constant
integrity
and
affection
to
the
Cause
of
God
.
In
order
to
this
solemn
Confession
and
engagement
,
did
many
Supplications
,
Warnings
,
Remonstrances
and
Declarations
issue
from
the
Commission
of
the
Church
,
and
severall
Lawes
and
Acts
from
the
Parliament
and
Commitree
of
Estates
,
for
purging
and
keeping
pure
the
Judicatories
&
the
Army
,
according
to
which
,
many
endeavours
were
used
for
putting
the
same
in
execution
,
which
for
some
time
went
on
with
some
measure
of
successe
and
blessing
;
but
that
so
good
and
necessary
a
work
,
did
very
soon
begin
to
be
retarded
and
opposed
;
first
closely
,
and
in
an
undermining
way
by
some
who
did
again
begin
to
owne
Malignant
Interests
;
and
afterwards
more
openly
and
avowedly
;
yet
was
the
sinfulnesse
of
complying
with
,
and
employing
that
Party
so
much
abhorred
and
feared
by
the
Church
of
Scotland
,
that
not
onely
did
the
Commission
of
the
Generall
Assembly
of
the
year
1649.
and
the
Generall
Assembly
it self
1650.
in
the
very
time
when
the
Land
was
invaded
by
the
English
,
declare
the
employing
and
intrusting
of
such
to
be
unlawfull
,
even
in
the
case
of
scarcity
of
men
for
the
Lands
defence
,
but
also
the
Commission
of
the
Generall
Assembly
of
the
year
1650.
did
after
the
defeat
at
Dunbar
,
once
and
again
give
publick
warning
to
all
the
Land
to
beware
of
complyances
with
that
Party
,
and
to
take
heed
that
under
a
pretence
of
doing
for
the
Cause
,
and
for
the
Kingdom
,
they
get
not
power
and
strength
in
their
hands
for
advancing
and
promoting
their
old
malignant
designes
;
yea
,
the
question
being
directly
propounded
by
the
King
to
the
Commission
,
concerning
the
employing
of
these
men
,
it
was
answered
negatively
in
a
Letter
written
to
him
for
that
effect
;
yet
after
all
this
,
the
Commission
did
at
an
occasional
Meeting
give
that
Answer
to
the
Parliaments
Quaere
;
by
which
a
door
was
opened
to
the
speedy
taking
in
and
employing
of
all
that
Party
,
first
into
the
Army
,
and
then
into
the
Judicatories
:
Concerning
which
occasionall
Meeting
,
I
desire
to
be
observed
,
that
notwithstanding
of
all
that
is
formerly
said
,
and
that
it
was
known
that
many
members
of
the
Commission
,
and
many
godly
Ministers
and
Professors
throughout
the
Land
,
were
in
their
judgements
opposite
to
the
imploying
and
intrusting
of
these
men
,
and
that
the
resolving
to
imploy
them
before
satisfaction
given
to
mens
consciences
in
the
point
could
not
but
be
matter
of
great
stumbling
and
offence
,
and
that
a
little
before
that
time
there
had
been
one
or
two
solemn
Meetings
of
the
Commission
,
and
that
there
was
a
set
Meeting
of
the
Commission
to
be
within
a
week
or
two
thereafter
,
yet
was
there
no
mention
of
that
businesse
in
these
solemn
frequent
Meetings
,
and
the
other
set
Meeting
was
prevented
by
that
occasionall
Meeting
called
by
the
Moderators
Letter
,
upon
the
desire
of
the
Parliament
,
the
leading
men
whereof
at
that
time
having
long
hunted
after
,
and
earnestly
pressed
that
conjunction
,
did
then
on
occasion
of
the
defeat
of
the
Forces
at
Hammilton
,
drive
it
vehemently
on
,
under
a
pretence
of
necessity
;
and
there
were
few
above
a
Quorum
of
the
Commission
present
at
this
occasionall
Meeting
,
and
many
of
these
out
of
the
Synod
of
Fife
,
who
had
gone
far
in
the
determination
of
that
businesse
in
their
Synod
before
that
time
;
neither
can
it
be
alledged
truly
that
the
rest
of
the
members
of
the
Commission
were
advertised
to
keep
the
Diet
,
because
no
advertisement
at
all
was
sent
to
many
in
the
North
,
who
both
might
and
ought
to
have
been
advertised
;
the
businesse
being
of
so
great
and
common
concernment
,
and
so
much
scrupled
in
conscience
;
and
the
advertisements
for
Sterline
,
Dumblane
,
Glasgow
,
Dumbartan
,
Pasley
,
Hammilton
,
Irwine
,
Air
,
Lanrick
and
these
places
,
where
a
great
many
of
the
Commissioners
were
,
and
who
were
most
like
to
scrouple
at
the
businesse
,
came
but
to
Sterline
on
Tuesday
about
ten
a
Clock
in
the
forenoon
,
to
keep
the
Diet
of
the
Commission
the
next
Thursday
thereafter
at
Pearth
;
and
no
man
can
rationally
say
,
that
these
advertisements
could
be
transmitted
from
thence
,
and
the
Commissioners
come
thereupon
timeously
to
Pearth
within
the
space
of
48.
houres
,
it
being
now
the
Winter
season
,
and
when
the
day
was
about
the
shortest
;
nay
,
though
convenient
speed
was
used
in
dispatching
these
Letters
from
Sterline
,
yet
the
Diet
was
circumduced
before
the
advertisement
came
to
several
of
the
Commissioners
hands
:
I
am
not
ignorant
that
all
this
is
coloured
with
the
necessity
of
a
present
Leavy
,
because
of
the
defeat
of
the
Forces
at
Hammilton
,
but
to
say
nothing
;
that
that
seems
to
presuppose
a
determination
of
the
question
in
the
affirmitive
before
it
was
either
propounded
or
debated
;
neither
yet
to
say
any
thing
,
that
in
the
construction
of
too
many
who
did
drive
on
a
conjunction
with
the
Malignant
party
,
the
necessity
of
a
present
Leavy
was
not
increased
but
rather
diminished
by
the
defeat
at
Hammilton
,
if
there
was
such
a
necessity
,
then
such
a
course
ought
to
have
been
taken
,
as
was
most
like
to
bring
the
businesse
soonest
to
effect
,
which
was
to
have
done
things
in
a
fair
way
,
and
after
mutuall
debate
and
advice
of
all
parties
having
interest
,
and
not
thus
to
have
carried
it
without
acquainting
,
let
be
hearing
or
satisfying
of
many
who
were
no
lesse
interessed
then
they
,
and
whom
they
knew
to
have
many
things
to
object
against
the
imploying
of
these
men
;
but
after-carriages
did
make
it
plainly
to
appear
,
that
there
was
no
such
pressing
impressions
of
necessity
as
was
pretended
,
because
no
great
speed
was
made
in
the
Leavies
for
sundry
moneths
thereafter
,
and
nothing
was
acted
for
a
long
time
after
the
Leavying
of
the
Army
,
and
untill
the
Act
of
Classes
was
rescinded
,
yea
,
and
untill
the
Generall
Assembly
was
set
down
to
interpone
their
judgements
in
approving
the
Publick
Resolutions
,
which
was
six
moneths
after
giving
the
answer
to
the
Quare
;
and
could
not
that
necessity
that
admitted
of
so
many
moneths
before
execution
,
have
admitted
of
some
weeks
before
resolution
.
The
Commission
having
thus
determined
in
this
grave
and
important
case
,
did
presently
write
Letters
to
Presbyteries
,
requiring
them
to
concur
in
their
stations
to
make
the
Leavies
effectuall
,
according
to
the
Order
and
Resolutions
of
the
Parliament
thereanent
;
which
were
founded
upon
the
Commissions
answer
to
the
Quaere
,
wherewith
many
Presbyteries
not
being
satisfied
in
their
consciences
,
did
write
the
ground
of
their
stumbling
and
dis-satisfaction
in
their
severall
respective
Letters
,
and
sent
the
same
to
the
Commission
by
some
of
their
own
number
,
which
Letters
were
not
spread
abroad
before
they
were
communicated
to
the
Commission
,
and
if
the
Commission
had
given
a
satisfying
answer
,
it
is
not
like
that
they
would
have
been
spread
at
all
,
but
Presbyteries
being
still
pressed
to
obedience
,
without
satisfaction
to
their
Consciences
,
they
could
not
but
make
known
the
reason
of
their
refusall
,
lest
they
should
have
seemed
to
others
to
be
wilfull
and
obstinate
,
that
they
did
amongst
themselves
call
them
Testimones
(
and
amongst
others
too
)
I
believe
it
to
be
true
,
and
that
incase
they
should
not
be
satisfied
,
th●y
did
intend
them
as
standing
Testimonies
of
their
duty
in
that
particular
,
which
yet
they
thought
more
fit
to
do
by
Letter
then
any
other
more
publick
way
,
that
they
might
therein
shew
themselves
the
more
tender
and
respective
of
the
Commission
.
That
they
condemned
the
Publick
Resolutions
as
a
defection
from
the
Covenant
and
former
Principles
,
was
that
which
their
Duty
and
their
Consciences
called
them
unto
;
yet
did
they
no
other
wayes
condemn
them
then
by
asserting
that
they
conceived
them
to
be
so
,
of
which
assertion
they
did
give
a
reason
from
the
Word
of
GOD
,
and
from
the
Covenant
,
and
Warnings
,
Declarations
and
Remonstrances
of
this
Church
,
to
which
if
the
Commission
had
returned
a
satisfactory
answer
,
they
would
have
been
quiet
and
said
no
more
in
the
businesse
.
That
they
did
not
come
themselves
and
propound
their
doubts
was
,
because
they
were
many
in
severall
places
,
whole
Presbyteries
;
&
such
a
way
as
this
seemed
to
them
to
savour
rather
of
tumult
and
faction
then
the
way
which
they
took
,
and
experience
did
prove
,
that
no
great
satisfaction
was
to
be
expected
in
that
way
,
because
when
the
Ministers
of
Sterlin
were
called
by
the
Commission
to
a
conference
at
St.
Andrews
,
and
did
not
acquiesce
to
be
silent
&
say
no
more
against
the
publick
resolutions
,
the
Commiss●on
on
did
inform
the
King
,
and
Committee
of
Estates
thereof
,
who
sent
for
them
to
Perth
,
and
consined
them
a
moneth
in
that
place
;
and
when
the
Synod
of
Glasgow
by
their
Letters
to
the
Commission
,
desired
a
Conference
,
no
satisfaction
was
obtained
in
the
point
of
the
Publick
Resolutions
.
That
they
did
in
these
things
traduce
honest
,
godly
,
and
faithful
Brethren
;
I
think
they
may
with
reason
deny
;
These
Letters
contained
nothing
that
was
personall
,
but
only
that
which
concerned
the
matter
of
these
resolutions
,
which
if
it
was
evill
on
these
Brethrens
part
who
were
Authors
and
abettors
of
the
same
;
there
is
no
cause
to
charge
those
who
did
endeavour
the
discovery
thereof
as
traducers
,
or
as
the
doers
of
these
things
that
tend
to
render
their
Brethren
odious
.
That
they
did
agent
diligently
thorough
the
Country
to
induce
others
to
do
the
like
,
is
more
then
the
Author
can
well
prove
;
but
though
it
had
been
so
,
was
there
not
a
cause
to
stop
(
if
they
could
)
the
beginnings
of
backslidings
and
defections
,
which
is
as
the
breaking
out
of
waters
,
therefore
are
they
well
able
to
clear
themselves
before
indifferent
and
impartiall
judges
of
divisive
walking
in
this
matter
,
notwithstanding
of
any
thing
that
is
said
by
the
Author
in
the
contrary
.
VINDICATION
.
AS
for
their
Professions
,
by
all
lawfull
and
fair
means
within
the
compasse
of
their
power
and
station
to
remead
the
divisions
.
It
is
the
duty
indeed
of
all
who
would
prove
lively
Members
of
CHRISTS
body
,
and
lovers
of
the
Prosperity
of
Sion
;
and
happy
were
the
man
that
could
be
the
Peace-maker
,
and
repairer
of
our
breaches
.
But
if
the
late
and
present
practice
of
these
our
Brethren
do
well
agree
with
Profession
,
let
GOD
,
and
indifferent
godly
men
judge
.
I
shall
not
now
insist
upon
the
carriage
and
motions
of
some
of
them
,
in
the
beginning
of
the
late
Assembly
at
St.
Andrews
(
which
were
by
a
reverend
and
judicious
godly
man
,
in
their
own
hearing
,
said
justly
to
be
fiery
motions
,
and
petere
jugulum
pacis
)
nor
yet
upon
the
Protestation
against
the
Assembly
;
as
to
this
effect
of
which
I
am
now
upon
,
I
shall
onely
say
this
for
the
present
,
had
it
not
been
a
more
probable
and
Christian
like
mean
for
the
remeading
of
the
divisions
,
to
have
dealt
for
a
Meeting
of
judicious
and
godly
men
on
both
sides
(
which
certainly
was
within
the
compasse
of
their
power
and
station
)
for
a
brotherly
and
amicable
conference
in
equal
terms
about
the
differences
:
then
they
being
but
the
one
side
,
to
take
upon
them
the
Authority
of
a
publick
Judicatorie
,
and
by
themselvs
straight
way
to
condemn
the
other
side
as
guilty
carrying
on
a
course
of
defection
,
and
that
to
be
the
main
Cause
of
the
Lords
wrath
on
the
Land
,
and
to
go
on
in
that
continued
and
assumed
Authority
,
and
acting
by
vertue
thereof
(
as
they
declare
peremptorily
they
will
do
in
their
answer
given
to
the
moderat
and
peaceable
Paper
sent
to
them
by
the
Synod
of
Lowthian
in
their
late
Meeting
in
November
)
whileas
the
most
part
of
the
Ministery
in
this
Kingdom
cannot
in
conscience
but
give
Testimony
against
this
as
usurpation
,
which
may
heighten
differences
and
render
them
more
incurable
;
might
not
these
things
have
been
forborn
without
prejudice
to
themselves
,
for
peace
safety
,
at
least
till
that
other
way
had
been
essayed
,
I
speak
not
now
of
the
lawfulnesse
of
the
late
Assembly
,
or
of
the
Publick
resolutions
,
but
supposing
these
matters
to
be
sub
judice
,
as
they
are
at
most
betwixt
us
and
them
,
could
there
have
been
a
way
more
obstructive
to
union
between
the
parties
differing
,
or
more
effectuall
to
render
the
divisions
desperate
then
for
the
one
party
,
and
that
the
far
lesse
party
by
more
at
ten
to
one
to
condemn
the
other
in
a
Publick
way
,
and
represent
them
as
the
main
procurers
of
the
wrath
of
GOD
upon
the
Land
,
and
to
take
upon
them
at
their
own
hand
to
be
judges
over
their
Brethren
;
GOD
will
not
be
mocked
,
this
is
not
agreeable
to
their
Profession
and
endeavors
,
by
all
lawfull
and
fair
means
to
use
Remedies
of
Peace
.
What
these
our
Brethren
wil
do
hereafter
towards
Peace
,
I
wil
not
n●w
take
upon
me
to
predetermine
nor
to
prepossess
any
with
prejudices
against
them
;
many
of
them
I
am
perswaded
are
men
fearing
God
,
and
not
only
loving
the
Peace
of
Sion
,
but
also
are
learned
and
understanding
in
these
things
that
belong
to
the
Peace
of
the
Kirk
,
yet
certainly
it
is
feared
by
many
both
godly
and
wise
,
that
some
amongst
them
,
for
all
the
businesse
that
is
made
about
Conferences
upon
differences
(
which
indeed
are
not
to
be
rejected
,
but
to
be
followed
by
all
means
)
and
professions
made
of
aims
and
desires
thereby
to
have
all
divisions
removed
,
yet
hath
no
other
purpose
but
so
far
as
they
can
to
strengthen
their
own
way
in
every
point
,
and
to
fix
the
division
from
the
most
part
of
the
Kirk
of
Scotland
,
the
good
Lord
avert
this
;
but
if
this
appear
at
last
,
we
hope
that
men
of
understanding
and
soundnesse
upon
that
side
of
the
differences
wil
remember
and
make
use
of
what
they
have
learned
and
know
and
have
professed
concerning
the
Church
Constitution
and
of
schisme
,
and
separation
against
independents
and
separatists
.
REVIEW
.
THere
is
nothing
said
here
of
the
Protesters
that
doth
infringe
the
integrity
of
their
Profession
,
and
resolution
by
all
lawful
and
fair
means
within
the
compass
of
their
power
and
station
to
endeavor
the
remedy
of
the
divisions
:
it
is
true
that
one
of
the
members
of
the
Commission
to
whom
I
do
not
deny
the
Testimony
of
a
reverend
,
judicious
and
godly
man
,
did
call
the
exceptions
propounded
against
those
members
of
the
Assembly
who
had
been
members
of
the
Commission
,
a
firy
motion
,
and
such
a
thing
as
petit
jugulum
pacis
,
which
was
not
then
more
sharply
spoken
then
it
was
modestly
taken
;
but
to
say
nothing
that
in
that
particular
,
he
was
a
party
that
speaks
so
(
pace
tanti
viri
)
there
was
no
just
reason
to
call
it
so
,
the
exception
,
being
so
wel
grounded
as
it
was
.
I
wish
the
Author
may
lay
as
much
weight
upon
the
words
of
that
worthy
man
in
other
things
concerning
the
Publick
resolutions
,
as
he
doth
in
that
speach
of
his
.
As
to
the
Authors
discourse
concerning
their
taking
upon
them
the
Authority
of
a
Publick
Judicatory
,
and
declaring
peremptorily
that
they
will
so
do
,
and
condemning
the
other
side
,
they
being
by
far
the
fewer
number
,
and
whilest
the
matter
was
yet
sub
judice
,
when
he
shall
be
pleased
to
give
us
an
answer
concerning
his
and
other
mens
taking
upon
them
to
be
an
Assembly
and
to
make
acts
not
onely
condemning
their
Brethrens
judgement
but
also
censuring
them
with
the
sentences
of
suspension
&
deposition
,
then
shal
an
answer
be
given
him
concerning
this
.
If
it
be
said
that
they
were
an
lawfull
Assembly
,
but
the
other
was
no
lawfull
Commission
,
that
is
the
question
,
and
if
truth
be
on
his
side
,
as
to
the
freedome
and
lawfulnesse
of
the
Assembly
what
he
sayeth
of
their
setting
up
of
the
Commission
hath
weight
;
but
if
that
Assembly
was
no
Assembly
,
then
was
the
former
Commission
still
standing
,
and
they
were
in
no
fault
to
conveen
and
exercise
the
same
;
it
is
true
that
the
matter
is
sub
judice
:
but
was
not
the
matter
also
sub
judice
betwixt
the
Meeting
at
Dundee
,
and
the
Protesters
when
that
Meeting
took
upon
them
,
notwithstanding
of
the
Protestation
to
be
an
Assembly
,
and
did
make
acts
,
censuring
some
,
and
laying
an
foundation
for
the
censuring
of
all
these
that
should
refuse
to
acknowledge
their
constitution
,
or
after
conference
oppose
their
Acts.
In
answer
to
the
rest
of
his
discourse
upon
this
head
,
I
desire
the
Reader
to
take
notice
,
that
after
severall
essayes
of
a
conference
with
the
Commission
by
the
Synod
of
Glasgow
to
litle
or
no
effect
,
at
the
Meeting
at
St.
Andrews
,
these
who
were
dissatisfied
with
the
Publick
resolutions
,
did
offer
to
the
Meeting
a
humble
suppcation
,
desiring
them
to
forbear
to
constitute
themselves
in
an
Assembly
,
and
to
adjurne
the
Meeting
untill
peaceable
and
fair
means
should
be
used
for
composing
of
differences
,
which
was
altogether
refused
to
be
read
;
then
after
that
the
Meeting
had
constitute
themselves
in
an
Assembly
,
it
was
desired
by
these
brethren
that
they
would
appoint
some
of
their
number
to
confer
with
them
about
differences
,
which
was
long
&
tenaciously
opposed
,
as
carrying
with
it
a
reflection
upon
these
of
the
Commission
who
had
carried
on
the
Publick
Resolutions
,
and
a
prejudice
to
the
Assembly
in
judging
of
these
resolutions
;
at
last
the
result
was
this
,
that
such
of
the
Assembly
as
they
desired
to
confer
with
might
speak
with
them
,
but
that
no
particular
person
should
be
nominated
,
nor
any
thing
written
thereof
in
the
minutes
of
the
Assembly
:
In
prosecution
of
this
desire
,
some
of
the
unsatisfied
Brethren
did
meet
with
the
Moderator
of
that
Assembly
,
and
some
other
eminent
men
members
of
the
Commission
at
Mr.
Robert
Blair
his
chamber
two
several
diets
,
and
after
some
conference
to
and
fro
,
did
earnestly
beseech
and
presse
upon
them
(
some
with
tears
)
that
they
would
be
pleased
to
be
instrumental
in
adjourning
the
Assembly
,
and
in
delaying
to
ratifie
the
Publick
Resolutions
;
but
they
were
not
pleased
to
condescend
so
much
as
to
undertake
to
be
assisting
to
these
brethren
in
obtaining
their
desire
,
&
that
night
in
which
the
Meeting
was
adjourned
from
St.
Andrews
to
Dundee
,
the
dis-satisfied
Brethren
did
again
publickly
presse
that
the
Assembly
migh
be
adjourned
till
some
considerable
time
,
till
pains
might
be
taken
in
an
amicable
way
for
composing
of
differences
,
which
being
refused
,
they
were
necessitated
to
Protest
,
as
seing
no
other
remedy
against
the
current
of
backsliding
;
notwithstanding
of
this
Protestation
,
the
Meeting
at
Dundee
went
on
,
not
onely
to
the
ratifying
of
the
publick
resolutions
,
but
to
the
condemning
of
the
Protestation
,
censuring
of
some
of
the
Protesters
,
and
making
of
Acts
declaring
all
of
these
censurable
who
shall
not
acknowledge
their
constitution
,
and
submit
to
their
Acts
,
and
appointing
Presbyteries
and
Synods
in
their
respective
bounds
to
proceed
to
the
execution
thereof
,
and
giving
power
to
their
Commission
for
that
effect
where
Presbyteries
were
negligent
.
What
length
their
Commission
was
gone
,
and
what
they
had
in
consideration
against
the
Protesters
,
when
they
were
interrupted
and
broken
off
by
the
surprizall
at
Eliot
themselves
best
know
.
After
that
time
the
Lord
was
pleased
to
exercise
the
Land
with
so
sad
dispensations
,
as
for
a
good
while
made
all
Publick
Meetings
of
Ministers
very
difficult
and
dangerous
,
untill
the
Country
being
somewhat
quieted
,
about
the
midst
of
October
,
these
who
had
Protested
against
the
Meeting
at
St.
Andrews
and
Dundee
,
as
not
being
a
lawfull
and
free
Generall
Assembly
,
with
many
other
Ministers
and
Elders
from
severall
parts
of
the
Country
,
did
meet
at
Edinburgh
,
where
after
some
dayes
spent
together
in
Prayer
,
and
supplication
,
and
in
confessing
of
their
sins
to
God
,
and
one
to
annother
,
they
did
in
the
next
place
after
conference
,
and
mutuall
communication
of
Light
one
with
another
,
set
down
their
thoughts
concerning
the
Causes
of
the
Lords
wrath
against
the
Land
,
that
in
that
time
of
darknesse
,
there
might
be
some
light
and
directory
in
these
things
to
such
as
were
willing
to
receive
and
make
use
thereof
;
amongst
these
causes
of
wrath
,
they
did
condescend
upon
and
reckon
the
Publick
Resolutions
of
Church
and
State
,
for
bringing
the
Malignant
party
,
first
to
the
Army
,
and
then
to
the
Judicatories
,
and
the
actuall
intrusting
of
them
with
the
power
of
the
Kingdom
both
Military
and
Civil
,
and
the
prelimiting
and
corrupting
of
the
Generall
Assembly
in
the
free
and
lawfull
constitution
thereof
;
and
its
ratifying
of
the
Publick
Resolutions
,
which
did
involve
a
defection
from
the
Cause
,
and
laying
a
foundation
for
censuring
of
all
such
who
did
not
approve
of
the
constitution
of
that
Assembly
,
and
submit
to
the
Acts
there
of
;
and
finding
themselves
more
and
more
convinced
of
the
nullity
of
that
Assembly
at
Dundee
,
and
how
needfull
it
was
to
preserve
the
Church
of
Scotland
in
the
possession
of
her
due
priviledges
,
and
to
keep
together
a
remnant
,
who
might
be
as
a
branch
of
hope
(
if
so
be
the
Lord
would
be
favourable
to
them
,
and
take
pleasure
in
them
)
for
repairing
of
the
breach
,
such
of
them
as
were
Members
of
the
Commission
of
the
Gen.
Assembly
,
did
find
themselves
warranted
and
called
of
God
,
to
take
possession
of
the
power
and
trust
committed
unto
them
by
the
Assembly
1650.
yet
so
,
as
they
did
not
authoritatively
,
impose
or
require
obedience
to
any
of
their
Emissions
concerning
the
causes
of
the
Lords
wrath
(
which
was
the
only
thing
they
medled
with
)
but
having
agreed
upon
these
Causes
,
with
the
advice
of
diverse
Brethren
from
severall
parts
of
the
Kingdom
,
did
offer
and
advise
the
same
to
be
made
use
of
by
all
the
Lords
people
in
the
Land
leaving
place
to
adde
,
as
the
Lord
should
make
further
discoveries
thereafter
.
At
the
same
time
all
the
Brethren
who
were
met
,
did
write
Letters
to
sundry
reverend
and
godly
men
in
the
Ministery
,
of
a
different
judgment
,
desiring
an
amicable
Conference
with
them
;
and
conceiving
that
they
could
not
well
be
brought
together
to
one
place
in
such
a
season
of
the
year
,
and
when
travelling
was
so
difficult
,
they
did
appoint
some
of
their
number
to
wait
upon
some
of
them
at
St.
Andrews
,
and
upon
others
of
them
at
Glasgow
,
who
might
hold
forth
unto
them
what
in
their
judgments
was
the
most
conducible
means
for
union
and
peace
both
with
God
and
among
our selves
,
and
to
hear
what
should
be
offered
unto
them
by
these
Brethren
;
what
passed
in
these
Conferences
,
I
leave
it
to
these
who
were
present
to
relate
,
hoping
that
none
who
were
present
will
say
,
that
the
desires
and
endeavors
of
union
did
break
off
upon
our
side
;
those
of
our
number
not
only
professing
themselvs
willing
to
confer
&
hear
what
should
be
offred
unto
them
,
but
to
attend
at
any
other
diet
that
should
be
appointed
,
and
to
endeavour
if
it
were
desired
,
a
more
numerous
and
frequent
meeting
of
Brethren
of
both
sides
:
From
all
which
it
doth
appear
,
that
the
Protesters
all
along
,
have
been
pursuers
of
peace
,
and
not
promoters
and
fosterers
of
division
.
The
Author
propounds
the
question
,
If
it
had
not
been
a
more
probable
and
Christian
like
mean
for
remedying
the
divisions
,
to
have
dealt
for
a
meeting
of
judicious
and
godly
men
on
both
sides
,
and
for
an
amicable
and
brotherly
Conference
on
equal
tearms
about
the
differences
,
then
that
the
Protesters
being
but
the
one
side
,
should
have
taken
upon
themselves
the
authority
of
a
Publick
Judicatory
,
and
by
themselvs
straightway
to
condemne
the
other
side
as
guilty
.
In
answer
to
which
,
beside
what
is
already
said
,
I
would
first
ask
the
Author
,
Whether
it
be
fair
dealing
,
that
these
at
St.
Andrews
,
after
they
were
earnestly
entreated
of
their
Brethren
,
to
adjourn
and
delay
the
ratifying
of
the
Publick
Resolutions
,
shall
first
take
upon
them
the
Authority
of
a
Generall
Assembly
,
to
ratifie
the
Publick
Resolutions
,
condemne
their
Brethren
who
protest
against
them
,
censure
some
of
them
with
Suspension
,
and
others
of
them
with
Deposition
for
that
very
thing
,
and
lay
a
foundation
for
censuring
all
of
them
,
and
all
others
in
the
Church
of
Scotland
,
who
should
continue
to
differ
from
them
,
and
oppose
them
in
these
things
,
and
then
afterwards
cry
out
upon
their
Brethren
,
who
hold
forth
the
sin
and
iniquity
of
such
proceedings
,
as
upon
men
who
are
not
for
peace
,
and
do
not
take
the
most
probable
and
Christian-like
mean
for
remedying
the
divisions
;
The
Author
knowes
who
were
in
the
Church
of
Scotland
,
who
did
tread
these
steps
not
long
ago
:
Next
,
they
did
conceive
it
to
be
the
most
probable
and
Christian-like
mean
for
remedying
the
divisions
,
to
fall
upon
the
root
of
the
matter
,
by
holding
forth
that
which
had
divided
us
from
God
,
and
God
from
us
,
and
one
of
us
from
another
,
taking
this
for
the
most
genuine
and
sound
,
&
safe
,
&
Christian
method
of
proceeding
,
yet
walking
so
therein
,
as
that
they
did
onely
soberly
and
by
way
of
advice
hold
forth
their
judgmnts
,
and
not
impose
upon
any
;
and
as
they
left
an
open
door
to
others
,
to
adde
what
further
discoveries
of
guiltiness
the
Lord
should
make
known
to
them
,
so
were
they
as
sharp
and
searching
against
themselves
,
as
against
any
others
.
What
dissonancie
from
their
Profession
is
in
all
this
,
and
if
it
be
but
a
mocking
of
God
(
as
the
Author
insinuats
)
I
hope
and
pray
,
that
the
Lord
will
reveal
it
unto
them
,
seeing
they
did
it
in
the
simplicity
of
their
hearts
,
looking
upon
the
same
as
a
speciall
and
necessary
point
of
their
duty
,
in
this
day
of
indignation
and
back-sliding
;
but
if
it
was
acceptable
service
to
God
,
as
I
trust
it
was
,
I
hope
the
Lord
wil
countenance
and
follow
it
with
a
blessing
from
Heaven
,
that
there
may
be
a
profitable
fruit
thereof
to
his
poor
servants
,
and
to
his
poor
Church
.
I
know
not
well
who
these
be
of
whom
the
Author
speaks
,
who
notwithstanding
of
all
the
businesse
that
is
made
upon
conferences
about
differences
&c.
yet
if
the
fears
of
many
,
both
godly
and
wise
may
have
weight
,
have
no
other
purpose
but
so
far
as
they
can
to
strengthen
themselves
in
their
own
way
,
and
to
fix
the
division
from
the
most
part
in
the
Church
of
Scotland
.
If
any
professe
what
he
doth
not
intend
,
he
may
abuse
others
,
but
he
doth
but
encrease
his
own
guiltinesse
.
I
dare
say
,
that
the
desires
of
Union
upon
the
Protesters
side
in
the
Meeting
at
Edinburgh
,
wh●ch
was
profest
to
be
called
in
order
to
Union
,
were
reall
,
and
in
their
hearts
as
well
as
in
their
mouths
;
as
it
was
to
them
a
matter
both
of
grief
and
wonder
,
when
the
Commissioners
who
came
from
the
severall
Synods
,
did
not
only
refuse
to
delay
,
till
Brethren
of
a
different
judgment
(
who
were
absent
because
they
had
no
calling
or
invitation
to
come
,
and
could
not
intrude
themselves
)
might
be
gotten
conveened
,
but
also
without
any
previous
right
understanding
,
or
any
Overture
in
order
thereunto
,
did
resolve
upon
keeping
an
Assembly
,
according
to
the
Indiction
at
Dundee
the
last
year
,
which
gives
just
occasion
of
suspition
to
many
godly
and
wise
to
conceive
that
the
zealotes
of
the
Publick
Resolutions
,
had
more
in
their
eye
the
strengthening
of
themselves
in
their
own
way
,
and
bearing
down
and
censuring
of
their
Brethren
who
differ
from
them
,
then
any
union
and
right
understanding
with
them
;
the
Commissions
that
some
who
came
to
that
Meeting
were
cloathed
with
,
and
the
Letter
and
Articles
that
others
of
them
did
so
much
magnifie
,
and
do
so
closely
stick
to
,
do
confirm
them
therein
,
and
this
brings
forth
in
them
this
fear
,
that
as
the
strict
adhering
to
the
Publick
Resolutions
,
and
to
the
Constitution
and
Acts
of
the
Assembly
at
Dundee
,
shall
obstruct
the
purging
of
this
Church
from
corrupt
Officers
and
corrupt
Members
,
and
bear
down
and
drive
out
many
precious
ones
,
who
cannot
be
consenting
unto
,
but
most
bear
testimony
against
these
things
;
so
also
that
it
shal
make
many
of
the
godly
in
the
land
to
stumble
exceedingly
at
the
government
of
our
Church
,
and
from
a
despair
ever
to
see
this
Church
purged
,
to
think
of
separating
from
it
,
in
which
though
they
may
do
what
they
ought
not
to
do
,
yet
it
doth
exceedingly
concern
the
Author
and
others
of
his
way
to
consider
of
this
,
and
to
take
heed
that
they
do
no
more
offend
the
little
ones
,
nor
tempt
them
above
what
they
are
able
to
bear
.
VINDICATION
.
IT
should
now
follow
that
we
come
to
the
examination
of
the
Reasons
alleadged
against
the
Assembly
,
but
that
there
is
one
passage
more
in
the
Narrative
of
their
Protestation
,
which
cannot
be
passed
by
without
some
inquiry
upon
it
,
it
is
in
these
words
:
But
as
the
faithfull
servants
of
Jesus
Christ
in
this
Kirk
in
former
times
,
did
by
the
good
hand
of
God
on
them
,
bring
the
Work
of
Reformation
unto
a
great
perfection
and
near
conformity
with
the
first
patern
,
some
unfaithful
men
minding
their
own
things
more
then
the
things
of
Christ
,
&
usurping
over
their
Brethren
and
the
Lords
Inheritance
,
●id
deface
the
beauty
thereof
,
first
by
encroaching
on
the
liberty
and
freedom
of
the
Assembly
;
afterward
by
taking
away
the
very
Assembly
themselves
,
therefore
remember
,
&c.
I
shall
not
stay
here
to
examine
the
Gramar
and
Logick
of
this
passage
in
relation
to
antecedents
and
consequents
,
wherein
(
it
seems
)
whileas
they
have
been
too
forward
and
earnest
to
let
out
indirectly
a
blow
at
honest
men
,
they
have
somewhat
overseen
themselves
,
as
might
be
clearly
evidenced
;
but
this
is
not
worth
the
while
,
nor
shall
I
insist
upon
it
to
enquire
the
mystery
.
It
may
be
insinuat
there
,
where
they
say
,
that
the
faithfull
Ministers
of
Jesus
Christ
in
former
times
brought
the
Work
of
Reformation
to
a
great
perfection
,
and
to
a
near
conformity
with
the
first
patern
;
for
these
epithets
of
great
and
near
cannot
be
looked
on
in
this
place
,
but
as
termini
diminuentes
,
because
perfection
&
conformity
to
a
rule
,
are
in
themselves
and
their
own
pure
signification
,
such
terms
as
no
epithet
of
quantity
in
the
meer
positive
degree
can
be
added
to
them
without
diminution
of
the
thing
signified
by
them
When
you
say
,
an
action
is
come
to
a
great
perfection
,
and
to
a
conformi●y
with
.
You
say
not
so
much
as
if
you
said
simply
,
it
is
come
to
perfection
and
conformity
with
its
rule
;
now
the
Work
of
Reformation
here
being
meant
the
outward
Ordinances
;
the
brethren
would
do
well
to
tell
,
and
it
were
wisdome
for
every
honest
professor
to
enquire
what
they
judge
wanting
of
perfection
and
conformity
to
the
patern
,
in
a
Reformation
of
outward
Ordinances
,
carryed
on
by
the
good
hand
of
God
upon
these
his
servants
;
for
my
own
part
,
I
am
not
given
to
be
jealous
,
yet
I
think
it
is
safe
now
to
take
heed
ne
lateat
anguis
in
herba
,
the
rather
,
knowing
that
it
hath
bin
the
way
of
some
of
these
lands
since
the
work
of
Vniformity
began
in
them
,
to
say
,
that
the
Work
of
Reformation
in
Scotland
was
a
good
way
on
;
but
that
there
are
yet
further
attainments
then
it
was
brought
to
,
&
now
it
is
begun
boldly
to
be
presented
into
a
Meeting
,
pretended
to
be
the
publick
Commission
of
the
Kirk
,
that
the
taking
of
Presbyterian
Government
is
the
greatest
perfection
attainable
in
Church-government
,
and
that
the
maintaining
lesse
then
positive
evidences
of
Grace
,
is
sufficient
for
constituting
one
a
member
of
the
visible
Kirk
,
and
sundry
other
weighty
points
of
the
Doctrine
and
Government
of
the
Church
of
Scotland
,
are
chief
causes
that
have
brought
the
present
judgments
on
the
Land
;
which
I
dare
say
,
the
presenter
of
them
would
never
hazarded
to
have
presented
,
had
he
not
known
of
some
good
liking
of
them
in
some
Ministers
;
nay
,
I
will
say
further
,
though
the
man
be
understanding
as
to
his
station
,
beyond
many
others
,
yet
who
ever
knows
him
best
,
and
will
consider
the
stile
,
contrivance
&
conceptions
in
those
articles
now
extant
in
Print
,
will
(
I
doubt
not
)
say
,
there
hath
been
the
hand
of
Joab
,
another
head
and
pen
in
them
then
his
own
.
This
by
the
way
,
that
which
I
would
have
especially
observed
in
this
passage
,
is
to
what
purpose
in
this
place
are
brought
in
these
unfaithfull
men
the
Prelats
,
who
minding
their
own
things
,
&c.
and
all
this
made
an
antecedent
,
wherupon
is
inferred
the
Protestation
against
the
late
Assembly
,
for
immediatly
it
followeth
;
therfore
remembring
&c.
whereunto
tendeth
all
this
,
but
to
bear
all
in
hand
that
shal
happen
to
read
this
Protestation
,
that
the
Brethren
that
have
been
lately
,
&
are
opposite
to
them
,
the
professors
have
been
,
and
are
treading
the
steps
of
these
unfaithfull
men
the
Prelats
,
and
their
mentioned
practices
?
a
shreud
suggestion
(
to
say
no
more
)
against
their
Brethren
,
many
of
them
not
only
such
as
yet
they
dare
not
but
professe
to
esteem
highly
of
,
but
even
many
others
whom
they
despise
,
have
been
honoured
of
God
to
stand
constant
against
the
Prelats
usurpations
for
the
liberry
of
Assemblies
,
when
few
of
their
accusers
have
had
the
honour
to
have
had
their
hand
at
the
work
;
yea
,
some
(
it
may
be
these
from
whom
the
suggestion
issued
)
were
taking
unwarrantable
orders
from
Prelats
,
and
doing
more
too
?
How
can
honest
Christian
hearts
admit
so
slanderous
a
suggestion
against
so
many
honest
men
,
whose
faithfulness
,
integrity
,
honesty
&
constancy
in
the
truth
,
hath
been
so
wel
known
and
sealed
by
God
,
quis
tulerit
Graechos
(
I
speak
not
of
them
all
)
de
seditione
loquentes
?
if
need
be
it
will
be
easie
to
discover
,
or
rather
to
name
(
for
they
are
not
hidden
in
the
dark
,
the
Prelaticall
steps
that
some
have
trod
these
years
last
by-past
.
REVIEW
.
THe
first
thing
which
the
Author
challenges
in
that
passage
of
the
Narrative
of
the
Protestation
is
,
the
Grammar
and
Logick
of
it
in
relation
to
antecedence
and
cons●quence
,
concerning
which
he
thinks
that
too
great
forwardnes
to
let
out
indirectly
a
blow
at
honest
men
,
is
made
,
the
Protesters
somewhat
to
over
see
themselves
,
but
he
spares
the
clearing
of
it
,
and
not
being
worth
the
while
till
it
b●
c●e●ed
,
these
who
see
it
cannot
take
with
it
.
In
the
next
place
,
albeit
he
professes
himself
not
to
be
given
to
be
jealous
,
yet
It
is
too
great
jealousie
and
prejudice
that
raises
so
great
a
stir
about
so
innocent
and
harmlesse
an
expression
as
this
.
That
the
fa●thfall
Ministers
of
Jesus
Christ
in
former
times
brought
the
Work
of
Reformation
in
Scotland
to
a
great
perfection
and
near
conformity
to
the
Word
of
God
;
What
mystery
is
here
?
have
not
the
like
expressions
been
used
heretofore
in
the
Papers
and
Books
of
the
Relaters
and
Asserters
of
Reformation
and
Government
of
this
Church
;
but
(
saith
the
Author
)
great
and
near
are
here
diminishing
terms
,
and
imports
yet
somthing
to
be
wanting
to
perfection
and
conformity
to
the
patern
;
and
therefore
he
thinks
the
Brethren
would
do
wel
to
tel
,
&
that
it
were
wisdom
for
every
honest
professor
to
enquire
what
that
is
that
is
yet
wanting
The
brethren
do
tel
.
&
all
honest
Professors
may
be
perswaded
to
believe
,
that
they
had
no
wil
before
them
that
expression
,
and
that
they
do
willingly
subscribe
to
the
testimony
of
a
worthy
man
in
this
Church
,
whose
love
unto
,
and
estimation
of
the
Work
of
Reformation
,
is
above
all
exception
,
to
wit
,
that
the
Church
of
Scotland
,
after
the
Reformation
,
did
by
degrees
attain
to
as
great
perfection
both
in
Doctrine
and
Discipline
,
as
any
other
R●formed
Church
in
Europe
:
But
it
may
be
this
will
not
satisfie
the
Author
,
because
his
Logick
teaches
him
that
by
saying
great
perfection
and
near
conformity
;
they
have
said
lesse
then
if
they
had
said
simply
,
it
is
come
to
perfection
and
conformity
.
To
say
nothing
,
that
the
Work
of
Reformation
is
capable
of
a
greater
grouth
in
the
practicall
use
of
the
things
that
are
known
and
profest
,
and
of
a
discovery
of
further
degrees
of
light
and
perswasion
in
these
things
.
Will
the
Author
say
,
that
nothing
at
all
,
no
not
the
least
pin
or
circumstance
of
perfection
&
conformity
with
the
first
patern
,
was
then
wanting
to
the
work
of
reformation
in
Scotland
,
if
so
we
desire
him
to
tell
us
,
what
kind
of
power
it
is
that
is
exercised
by
the
Magistrates
and
Councels
of
Burghs
then
they
choose
Commissioners
to
the
Generall
Assembly
,
and
what
is
the
extent
of
the
Doctors
Office
?
I
ask
not
these
things
to
cast
any
blemish
on
the
Work
of
Reformation
,
which
I
do
willingly
acknowledge
to
be
such
as
may
compare
with
any
of
the
Reformed
Churches
,
and
in
some
respect
(
so
far
as
I
know
)
hath
the
pre-eminence
,
but
to
satisfie
the
Authors
needlesse
curiosity
,
these
things
being
considered
,
makes
it
to
appear
,
that
these
words
even
when
streached
upon
the
tenter-hooks
of
the
Authors
nicety
,
do
yet
bear
a
convenient
and
true
meaning
,
and
that
none
needs
thence
to
fear
a
serpent
lurking
in
the
bush
.
I
acknowledge
that
it
hath
been
the
way
of
some
in
these
Lands
since
the
Work
of
Reformation
began
in
them
,
to
say
,
that
the
Work
of
Reformation
in
Scotland
,
was
a
good
way
on
,
but
that
there
are
yet
further
attainments
then
it
was
brought
unto
;
but
it
was
apparent
from
others
of
their
expressions
,
and
from
the
whole
tenor
of
their
carriage
,
that
they
had
therein
a
bad
meaning
,
to
wit
,
that
we
should
not
hold
fast
the
things
which
we
have
already
,
nor
walk
by
the
same
rule
,
but
that
we
should
make
an
alteration
and
change
thereof
;
and
therefore
there
is
reason
to
be
jealous
over
such
;
but
to
be
jealous
over
these
whose
expressisions
&
carriage
gives
no
ground
for
it
,
is
but
to
torment
our selves
with
needlesse
fears
,
and
to
wrong
others
.
I
have
already
given
some
accompt
of
the
Paper
presented
to
the
Meeting
at
Edinburgh
,
(
which
the
Author
doth
here
repeat
again
)
and
shall
now
adde
these
few
things
in
answer
to
some
circumstances
of
his
discourse
.
First
,
that
Paper
was
not
presented
to
a
Meeting
that
either
really
was
or
did
pretend
to
be
the
Commission
of
the
Church
,
but
onely
to
a
Meeting
of
Ministers
and
Professors
,
acting
not
in
the
capacity
of
any
Judicatory
reall
or
pretended
.
Secondly
,
that
all
the
Ministers
who
were
there
,
did
testifie
their
dislike
of
that
Paper
,
and
even
these
whom
the
Author
and
some
others
do
haply
most
suspect
,
did
seriously
disswade
from
the
in-giving
of
it
.
Thirdly
,
I
know
not
who
is
the
Joab
he
means
of
;
but
I
do
well
know
,
that
the
men
of
that
Meeting
who
are
most
slandered
as
the
plotters
and
contrivers
of
such
things
,
had
neither
head
,
nor
hand
,
nor
heart
in
that
Paper
;
and
if
I
rightly
remember
,
I
heard
it
asserted
by
the
Author
of
it
,
there
was
no
other
head
nor
pen
in
it
but
his
own
;
these
who
know
him
wel
,
may
think
that
he
hath
that
much
ability
as
to
reach
the
stile
,
contrivance
and
concept●ons
in
these
Articles
;
and
therefore
whilest
the
Author
speaks
these
things
by
the
way
,
he
hath
gone
a
little
out
of
the
way
.
That
which
he
would
have
chiefly
observed
in
this
passage
,
is
,
To
what
purpose
in
this
place
are
brought
in
these
unfaithfull
men
the
Prelates
,
who
minding
th●i●
own
things
,
&c.
and
such
an
inference
made
thereupon
,
as
tendeth
to
bear
all
in
hand
that
shall
happen
to
read
the
Protestation
,
that
the
Brethren
that
have
been
lately
,
and
are
opposite
●o
the
Protesters
,
have
been
,
and
are
treading
the
steps
of
these
unfaithfull
men
the
Prelates
,
and
heir
mentioned
practises
and
shrewd
suggestions
,
as
he
cals
them
,
on
which
he
w●xeth
hot
in
the
Vindication
of
his
Brethren
,
and
in
recriminations
upon
others
;
but
I
desire
him
and
others
who
read
these
things
in
sobernesse
of
m●nde
,
to
consider
first
that
the
estimation
which
the
Protesters
have
of
the
ability
and
godlinesse
of
sundry
of
the
Brethren
,
who
have
been
and
are
opposite
to
them
in
the
Publick
Resolutions
,
is
above
exception
and
manifest
,
I
hope
,
to
the
Consciences
of
these
Brethren
themselves
.
2.
That
this
needs
not
,
nor
ought
not
to
hinder
them
to
give
their
judgement
of
their
way
in
order
to
the
Publick
Resolutions
,
if
so
be
it
be
done
without
personal
reflections
,
so
far
as
is
possible
.
3.
That
(
as
the
Author
hath
distinguished
before
)
there
is
a
difference
between
mens
intention
and
their
work
;
men
may
be
treading
the
steps
of
defection
,
as
these
unfaithfull
men
the
Prelats
did
,
who
yet
do
it
not
with
an
unfaithful
and
prelatical
mind
,
even
as
in
these
same
very
times
of
the
course
of
defection
that
was
carried
on
by
the
Prelats
,
there
was
sundry
able
and
godly
men
ingaged
therein
,
without
whose
help
it
could
not
have
been
so
easily
,
nor
unobservedly
to
many
,
carryed
on
by
the
multitude
of
carnall
and
corrupt
men
,
who
would
have
been
but
a
small
credite
without
these
other
.
4.
That
if
the
Protesters
had
had
to
do
with
these
onely
whose
faithfulnesse
,
integrity
,
honesty
and
constancy
in
the
truth
have
been
so
wel
known
and
sealed
by
God
,
they
had
haply
expressed
themselves
some
other
way
;
but
they
had
to
do
in
this
particular
with
all
those
who
owned
the
publick
Resolutions
,
and
amongst
these
were
many
;
yea
,
not
a
few
active
leading
men
,
members
of
,
or
assisting
unto
the
Commission
in
these
things
,
and
in
the
Meeting
at
Dundee
,
who
were
deeply
engaged
in
the
Prelaticall
way
,
as
not
onely
their
subscriptions
in
the
Bishops
black
Book
,
which
is
yet
extant
,
and
can
be
produced
if
need
were
,
but
also
the
tenour
of
their
carriage
for
a
long
time
did
witnes
;
and
I
fear
it
of
not
a
few
,
that
though
they
seemed
to
forsake
these
things
with
the
changes
of
the
time
,
yet
have
they
not
repented
thereof
unto
this
day
;
not
that
I
would
fetch
all
those
whose
names
are
in
that
black
Book
,
and
others
the
like
books
,
and
who
were
involved
in
these
courses
under
that
compasse
;
I
know
that
sundry
of
them
have
from
their
very
hearts
repented
of
,
and
do
from
their
souls
abhor
that
way
;
I
mean
even
of
these
who
are
for
the
Publick
Resolutions
,
but
this
Church
hath
been
so
s●nsible
that
there
is
cause
to
think
otherwise
,
that
she
hath
several
times
given
warning
thereof
in
her
publick
Papers
;
and
who
knoweth
not
that
throughout
all
the
Land
,
these
who
had
been
most
indifferent
,
and
luke-warm
in
the
Cause
of
God
,
greatest
underminers
of
it
,
most
Prelaticall
in
the
times
of
the
Bishops
,
most
Malignant
in
James
Grahams
time
,
and
in
the
time
of
the
unlawfull
Engagement
,
and
most
designing
and
active
to
carry
on
the
Treaty
with
the
King
,
in
a
wrong
way
,
and
without
security
to
Religion
;
yea
,
and
such
as
were
scandalous
in
their
life
and
conversation
were
for
the
most
part
amongst
the
most
zealous
and
violent
for
the
Publick
Resolutions
,
and
are
so
still
,
now
the
course
it self
being
evill
▪
and
envolving
a
foundation
of
defection
,
owned
and
countenanced
,
and
zealously
promoted
,
by
all
the
lukewarm
Prelaticall
,
and
Malignant
scandalous
men
in
the
Land
;
was
there
not
doolfull
experience
of
such
backsliding
in
the
time
of
the
Prelates
,
to
be
stirred
up
in
our selves
,
and
to
Protest
and
testifie
to
others
against
things
,
though
sundry
godly
men
were
engaged
therein
;
nay
,
the
more
need
there
was
to
speak
plainly
,
least
their
ability
and
godlinesse
should
be
a
snare
to
any
.
5.
Whatever
the
Author
is
pleased
to
alledge
,
the
Protesters
do
not
despise
any
of
those
who
have
been
honoured
of
God
,
to
stand
constant
against
Prelats
usurpations
,
and
for
the
Liberties
of
Assemblies
,
they
acknowledge
that
they
owe
much
to
such
,
and
though
they
cannot
but
testifie
against
the
ill
of
the
Publick
Resolutions
,
yet
they
do
retain
a
honourable
Impression
of
these
persons
,
and
of
what
is
good
in
them
.
6.
If
it
were
fit
to
compare
,
sundry
of
the
Protesters
are
in
nothing
;
yea
,
in
none
of
these
things
which
the
Author
mentioned
as
praise
worthy
,
behinde
with
the
very
chief
of
these
who
have
appeared
for
the
Publick
Resolutions
,
but
both
of
them
are
by
the
grace
of
God
,
that
that
they
are
.
7.
That
none
of
the
Protesteers
for
any
thing
that
I
know
,
did
take
unwarrantable
orders
from
the
Prelats
,
and
do
more
to
accept
one
who
hath
often
in
private
,
and
in
Publick
acknowledged
,
and
is
still
ready
to
acknowledge
the
sin
of
that
way
in
which
he
was
bred
up
from
his
youth
,
and
therefore
did
it
ignorantly
through
unbelief
,
who
because
of
the
exceeding
riches
of
the
mercy
of
God
,
in
recovering
him
out
of
that
snare
holds
himself
the
more
bound
to
be
vigilant
and
zealous
against
all
desertions
for
the
time
to
come
;
this
man
hath
forbidden
me
to
say
any
more
to
the
Author
,
in
answer
to
these
things
;
but
these
words
,
dignus
ego
qui
patior
indignus
tu
qui
faceres
tamen
,
and
to
leave
the
explication
to
his
own
conscience
.
8.
It
had
been
fairer
dealing
in
the
Author
,
to
have
discovered
or
named
the
Prelaticall
steps
that
some
of
the
Protesters
have
troden
these
years
past
,
and
not
thus
to
have
asserted
without
any
proof
or
instance
,
which
he
thinks
a
fault
in
matters
of
lesse
moment
:
The
steps
that
these
men
have
troden
these
years
past
in
their
Publick
Actings
(
for
of
these
I
take
the
Author
to
mean
)
were
for
the
matter
the
same
that
were
troden
by
himself
,
and
by
sundry
leading
men
in
the
Publick
Resolutions
,
who
were
also
leading
men
in
all
these
steps
from
the
highest
to
the
lowest
;
and
I
do
not
think
(
though
not
a
few
be
)
he
is
come
that
length
to
condemn
these
things
and
for
the
manner
of
their
Actings
,
they
acknowledge
themselves
to
be
men
subject
to
the
like
passions
with
others
,
but
knowes
no
cause
why
for
these
the
trading
of
Prelaticall
ste●s
should
be
changed
rather
upon
them
th●n
upon
others
,
some
in
the
following
of
their
duty
are
more
emiss
,
and
others
more
forward
,
but
as
long
as
they
do
straitly
and
honestly
own
their
duty
,
it
is
hard
either
because
of
the
one
or
of
the
other
,
to
charge
them
with
so
heavy
impu●ations
.
VINDICATION
.
WE
shall
now
weigh
these
reasons
whereupon
the
Protestation
is
built
,
and
which
have
been
added
lately
,
as
batterages
to
hold
it
up
;
surely
the
grounds
whereupon
men
would
adventure
on
such
an
Act
,
or
others
would
joyn
in
approving
of
it
,
had
need
to
be
weighty
in
themselves
and
relevant
,
and
also
clear
in
mens
Consciences
:
To
Protest
,
against
●●r
dissent
from
some
particular
acts
and
constitutions
of
a
Gen.
Assembly
is
a
thing
which
may
be
done
without
schisme
,
and
derogation
to
the
Authority
and
being
of
Government
;
but
when
a
Gen.
A●sembly
it self
is
protested
against
,
and
declined
as
unlawfull
,
and
having
no
authority
at
all
;
who
sees
not
how
sad
the
consequences
must
readily
be
in
hat
Kirk
,
hardly
can
it
be
by
any
outward
means
,
but
turne
to
a
fixed
schisme
,
which
thing
how
have
godly
,
orthodox
christian
,
in
all
ages
of
the
Kirk
,
detested
and
abhorred
,
choosing
rather
ever
to
tollerate
great
offences
(
which
they
did
see
,
but
could
not
mend
)
rather
then
to
a●vide
the
Kirk
of
Christ
,
and
then
it
would
be
seriously
considered
,
if
the
reasons
and
grounds
of
such
an
Act
be
not
clear
and
relevant
,
how
high
an
attempt
it
against
the
Kingly
Office
of
Christ
,
to
trample
under
foot
his
Supream
externall
Court
,
in
a
Nationall
Kirk
.
Come
we
then
and
ponder
the
Reasons
alleaged
for
this
Protestation
,
and
declinature
whether
they
be
found
weighty
or
light
,
vincat
veritas
.
REVIEW
.
I
Shall
not
stand
to
discuse
the
relevancy
of
all
that
is
asserted
in
this
generall
discourse
,
but
returns
this
answer
thereunto
:
It
seems
the
Author
doth
not
deny
that
it
is
lawful
,
and
in
some
cases
necessary
,
to
Protest
against
,
and
decline
some
Gen.
Assemblies
,
and
that
it
would
be
so
in
our
Hypothesis
if
the
grounds
were
clear
and
relevant
,
whatsoever
will
plead
for
a
Protestation
against
particular
Acts
that
are
wrongthe
same
&
greater
reason
,
will
plead
for
a
Protestation
against
a
wrong
constitution
,
because
the
errour
of
a
wrong
constitution
is
of
greater
consequence
,
as
importing
more
prejudice
to
the
work
and
People
of
God
,
and
being
a
higher
attempt
against
the
Kingly
Office
of
Jesus
Christ
,
then
many
wrong
acts
are
,
and
therefore
there
is
the
greater
reason
to
prevent
the
same
in
Jure
,
where
it
cannot
be
done
in
facto
,
even
as
men
by
such
like
Protestations
preserve
their
Rights
jure
,
when
by
the
spate
of
a
declining
Judicatory
they
are
like
to
be
oppressed
de
facto
,
and
therefore
have
Orthodox
Christians
in
all
ages
born
Testimony
,
and
Protested
against
corrupt
councels
as
wel
as
corrupt
acts
;
we
shal
not
go
far
back
to
seek
instances
:
It
is
known
what
the
Protestant
Church
did
against
the
Councel
of
Trent
,
and
how
often
faithfull
men
in
the
Church
since
the
Reformation
from
Popery
have
born
Testimony
and
protested
against
unlawfull
Assemblies
,
as
well
as
against
unwarrantable
acts
,
neither
doth
it
cause
schisme
in
the
Church
,
or
derogate
any
thing
from
the
Authority
and
being
of
Government
,
to
Protest
against
usurpers
,
corrupters
,
or
perverters
of
it
,
in
a
false
court
,
but
it
is
the
lawfull
,
and
hath
been
the
usuall
mean
in
this
Church
,
blessed
unto
her
of
the
Lord
,
to
prevent
and
remead
schisme
,
and
to
preserve
the
Authority
and
being
of
Government
,
with
the
purity
and
Liberty
of
all
the
Ordinances
,
and
whatsoever
sad
consequences
can
be
imagined
to
follow
upon
it
,
do
lye
at
the
doors
of
these
who
by
declining
from
their
Principles
,
carries
on
,
and
cleaves
to
a
corrupt
constitution
of
an
Assembly
,
and
not
on
these
who
adhering
to
sound
Principles
,
do
from
the
conscience
of
their
duty
bear
Testimony
against
the
same
.
It
hath
been
often
and
truly
said
,
that
the
side
wall
which
fals
,
and
not
the
gevill
which
stands
is
to
blame
for
the
rent
and
ruine
of
the
House
;
I
do
willingly
acknowledge
that
it
is
an
high
attempt
against
the
Kingly
Office
of
Jesus
Christ
,
to
trample
under
foot
his
Supream
externall
Court
in
a
Nationall
Church
,
but
as
the
Protesters
are
guilty
of
this
high
attempt
,
if
they
have
Protested
against
the
Meeting
at
St.
Andrews
and
Dundee
without
a
cause
,
and
upon
grounds
that
are
not
relevant
;
so
if
the
Authors
and
abettors
of
the
Publick
Resolutions
have
corrupted
this
Court
in
the
free
and
lawfull
constitution
thereof
,
and
have
taken
upon
themselves
to
be
an
Assembly
wh●lest
they
were
none
,
then
wil
they
,
and
not
the
other
be
found
guilty
of
this
high
attempt
:
Let
us
therefore
come
to
the
discussing
and
clearing
of
the
reasons
that
the
Protesters
plead
for
themselves
.
VINDICATION
.
THeir
first
reason
for
unfreenesse
,
and
unlawfulnesse
of
the
Assembly
,
that
the
Election
of
Commissioners
to
the
same
was
prelimited
and
prejudged
in
the
due
liberty
thereof
,
by
an
Act
&
Letter
of
their
Commission
of
the
last
Assembly
sent
to
Presbyteries
,
appointing
such
Brethren
as
after
Conference
remained
unsatisfied
with
,
and
continued
to
oppose
Publick
Resolutions
to
be
cited
to
the
Gen.
Assembly
.
Thus
it
is
briefly
proponed
in
the
Protestation
.
In
the
late
larger
paper
emitted
and
spread
abroad
since
,
wherein
as
may
be
conceived
,
are
mustered
all
the
Forces
that
could
be
gathered
together
against
that
Assembly
,
and
many
heads
have
been
imployed
in
that
one
,
every
man
that
readeth
it
decerneth
whose
Pen
hath
given
the
forme
and
frame
to
it
;
and
any
decerning
man
also
may
perceive
in
it
something
of
School
,
and
something
of
Law
and
registers
which
the
former
behoved
to
have
from
these
quarriers
.
It
is
put
in
a
Sylogistick
form
thus
:
That
it
is
no
free
Generall
Assembly
,
the
Election
of
whose
Commissioners
is
so
prejudged
and
pre-limited
in
the
due
freedom
and
liberty
thereof
,
that
many
Ministers
of
Presbyteries
in
a
capacity
to
be
chosen
,
for
their
ability
and
faithfulnesse
are
by
the
Presbyteries
at
the
order
of
the
Supream
Judicatory
past
by
and
set
aside
in
the
Election
,
and
rendred
uncapable
to
be
members
thereof
;
But
the
late
Meeting
is
such
:
Therefore
,
&c.
We
wil
not
follow
out
foot
for
foot
the
tract
of
many
objections
which
the
contrivers
of
this
Paper
have
either
found
some
way
made
by
others
,
or
have
formed
themselves
at
their
own
pleasure
against
this
and
other
following
reasons
,
and
their
replyes
thereunto
.
But
shall
propone
such
reasens
as
we
conceive
discovers
the
nullity
of
these
and
other
reasons
,
not
omitting
the
consideration
of
any
thing
contained
in
this
Paper
which
shall
seem
to
meet
with
what
we
shall
bring
as
occasion
shall
be
offered
without
tying
our selves
to
the
order
of
this
Paper
:
For
answer
then
to
this
first
ground
.
1.
As
it
lyeth
in
the
Protestation
,
it
could
have
no
force
to
prove
any
illegality
or
nullity
of
the
Assembly
at
the
time
of
the
Protestation
;
suppose
that
the
Commissioners
Act
&
Letter
sent
to
Presbyteries
and
indeed
contained
under
Prelimitation
,
because
this
fault
of
the
Commission
could
not
be
imputed
to
the
Assembly
to
nullifie
it
,
while
as
yet
it
was
to
the
knowledge
of
the
Assembly
,
but
an
aliedgance
not
proven
,
that
such
under
pre-limitation
had
been
used
in
the
election
of
Commissioners
,
and
that
they
had
not
as
yet
determined
nor
approven
the
deed
of
the
Commission
,
nor
deed
of
Presbyteries
done
thereupon
in
elections
;
at
the
giving
in
of
this
Protestation
the
Assembly
had
not
as
yet
considered
the
Commissioners
Proceedings
,
neither
indeed
was
it
in
their
power
to
cognosce
upon
exceptions
against
the
Commission
,
without
change
of
the
Order
of
proceeding
that
had
been
used
constantly
in
all
bygone
time
,
and
upon
a
great
debate
with
the
Parliament
it self
in
the
Assembly
1648.
had
been
established
by
a
formall
act
,
as
the
Protesters
themselves
well
understood
and
acknowledged
,
and
therefore
it
was
,
that
upon
this
they
offered
to
the
Assembly
,
before
the
choosing
of
a
Moderator
,
a
Paper
pressing
the
changing
,
and
reform
the
order
of
proceeding
in
the
Generall
Assembly
,
which
before
had
alwayes
been
in
use
,
as
if
some
of
themselves
had
not
been
the
main
maintainers
and
procurers
of
the
establishment
of
that
order
before
,
when
it
made
for
them
.
And
as
the
Assembly
as
yet
but
in
heap
of
the
matter
,
and
not
constitute
into
a
Judicatory
,
could
have
taken
into
consideration
,
and
have
altered
the
practice
and
constitution
of
former
Assemblies
.
The
Assembly
therefore
did
offer
to
call
in
this
exception
,
and
to
give
unto
it
all
due
considerations
as
soon
as
possibly
they
could
win
at
it
.
REVIEW
.
WHat
needs
all
this
wast
of
words
,
concerning
the
gathering
and
mustering
of
forces
,
and
the
imploying
of
many
heads
,
and
the
pen
that
gave
the
forme
,
and
some
thing
of
School
,
and
something
of
Law
,
and
Registers
,
which
the
former
behoved
to
have
from
these
Q●aerees
?
The
truth
is
,
that
if
it
were
a
purpose
to
tell
it
,
there
were
very
few
heads
imployed
in
that
businesse
;
haply
as
few
as
about
the
Vindication
,
and
there
was
little
gathering
of
forces
for
it
,
the
difficulty
of
correspondence
and
shortnesse
of
time
wherein
it
was
penned
admitting
of
very
little
communication
of
thoughts
;
and
the
Author
is
mistaken
when
he
speaks
of
two
Quaeres
,
one
of
School
,
another
of
Registers
and
of
Law
,
out
of
which
the
former
behoved
to
have
his
materials
,
and
haply
also
concerning
the
pen
that
gave
it
the
frame
,
as
some
others
have
been
before
him
;
but
what
though
all
these
things
were
true
which
he
alleadgeth
:
Is
it
any
fault
in
weak
Souldiers
to
call
in
their
fellows
to
their
help
,
and
to
strengthen
one
another
in
maintaining
of
their
ground
against
many
and
strong
Adversaries
;
or
doth
he
hunt
after
commendation
and
applause
,
by
setting
forth
the
preparations
,
and
multitude
and
strength
of
his
opposites
,
whom
yet
he
by
himself
alone
supposeth
to
have
defeat
.
It
was
free
for
the
Author
in
answering
the
reasons
contained
in
the
Protestation
,
and
the
other
Paper
relating
to
it
,
to
choose
such
a
method
as
seemed
best
to
him
,
though
it
would
have
seemed
to
be
more
easie
for
his
readers
,
if
he
had
followed
foot
for
foot
what
is
contained
in
these
Papers
;
I
do
more
wonder
that
he
hath
left
many
things
of
importance
unanswered
,
not
so
much
as
once
touching
them
.
But
let
us
come
to
the
answers
which
he
gives
,
which
I
shall
take
as
they
ly
in
the
Vindication
,
upon
supposal
that
the
Letter
and
act
sent
by
the
Commission
to
Presbyteries
,
did
contain
an
under-prelimitation
;
the
first
ground
as
it
lyeth
in
the
Protestation
,
hath
force
to
prove
the
illegality
,
or
nudity
in
the
Assembly
,
notwithstanding
of
any
thing
the
Author
saith
to
the
contrary
.
First
,
he
seems
to
lay
this
ground
,
that
nothing
can
be
of
force
to
prove
the
illegality
,
or
nullity
of
the
Assembly
,
but
that
which
can
be
imputed
to
the
Assembly
it self
;
but
I
fear
that
this
ground
which
is
here
hinted
at
by
him
,
and
much
made
use
of
by
some
others
in
this
particular
,
shall
fail
all
who
lean
thereupon
:
I
suppose
that
by
a
Letter
and
Act
of
the
Commission
,
and
a
deed
of
the
Presbyteries
done
thereupon
,
elections
had
been
so
pre-limited
,
that
al●
Ruling
Elders
had
been
excluded
,
and
Ministers
onely
chosen
,
or
the
one
half
of
the
Ministers
excluded
,
without
a
just
cause
from
having
voice
in
the
elections
,
or
from
being
chosen
Commissioners
;
would
not
these
pre-limitations
have
force
to
prove
a
nul
Assembly
,
the
same
being
proponed
and
rejected
as
not
relevant
exceptions
,
when
the
Commissioners
did
meet
to
constitute
themselves
into
an
Assembly
;
it
seems
by
the
Authors
ground
they
could
not
,
because
they
are
but
alledgeances
not
yet
proven
,
and
they
have
not
determined
therein
,
no
approven
thereof
,
because
it
is
not
in
their
power
to
cognosce
upon
exceptions
against
the
Commission
,
without
change
of
the
order
of
Proceedings
to
the
Ass
.
which
had
been
constantly
used
in
all
time
by
gone
;
there
may
be
many
things
done
in
Commissions
&
Presbyteries
in
prelimiting
and
perverting
the
elections
,
that
cannot
be
imputed
;
yea
,
which
the
Assembly
may
condemn
,
that
may
make
an
illegall
and
null
Assembly
;
and
therefore
upon
supposall
that
the
Letter
and
Act
sent
to
Presbyteries
did
contain
an
under-pre-limitation
,
it
might
have
force
at
the
time
of
the
Protestation
to
prove
a
null
Assembly
,
though
it
could
not
be
imputed
to
the
Assembly
it self
:
But
how
doth
he
prove
that
it
could
not
be
imputed
to
the
Assembly
?
first
,
it
was
(
saith
he
)
to
the
knowledge
of
the
Assembly
,
but
an
alledgeance
not
proven
;
it
seems
the
Author
doth
not
question
the
relevancie
of
it
in
Jure
,
if
the
truth
of
the
fact
had
been
proven
,
but
it
being
relevant
in
Jure
(
as
upon
his
supposall
it
needs
must
)
and
offered
to
be
proven
in
facto
;
yea
,
the
matter
of
fact
,
as
to
the
presumption
of
it
,
being
manifest
to
the
consciences
of
many
of
the
Assembly
,
ought
they
not
before
constituting
themselvs
in
an
Assembly
,
either
to
have
tryed
and
discussed
the
same
,
or
else
to
have
laid
aside
the
persons
against
whom
it
was
propounded
,
from
sitting
as
Members
in
the
Assembly
,
untill
it
might
have
been
gotten
tryed
and
discussed
;
but
they
did
neither
of
these
,
and
was
not
this
to
be
imputed
to
the
Assembly
?
Next
,
he
sayeth
,
that
the
Assembly
had
not
yet
determined
in
,
nor
approven
the
deed
of
the
Commission
,
nor
the
deed
of
Presbyteries
done
thereupon
in
Elections
,
at
the
giving
in
of
the
Protestation
:
B●t
in
this
he
is
much
mistaken
,
because
the
Assembly
by
admitting
the
Commissioners
from
Presbyteries
so
elected
,
did
as
really
approve
these
limited
Elections
,
and
so
the
deed
of
the
Commission
and
Presbyteries
done
thereupon
,
as
ever
any
preceeding
Assem
.
used
to
approve
the
most
free
Elections
;
to
wit
,
onely
by
admitting
the
Commissioners
;
yea
,
the
Assemb.
rejecting
of
the
exceptions
,
and
allowing
the
Commissioners
against
whom
it
was
propounded
,
to
sit
notwithstanding
the
propounding
thereof
,
was
a
real
approving
of
the
Commission
,
and
of
what
the
Presbyteries
did
thereupon
,
as
we
shal
afterwards
Godwilling
clearly
shew
.
Thirdly
,
he
sayeth
,
that
the
Assembly
had
not
yet
considered
the
proceedings
of
the
Commission
,
neither
was
it
in
their
power
to
cognosce
upon
exceptions
against
the
Commission
,
without
change
of
the
order
of
proceedings
,
which
had
been
used
constantly
in
all
time
by-gone
,
This
is
a
pretty
fancie
to
defend
an
ill
cause
:
the
Church
of
Scotland
have
found
it
necessary
in
the
intervall
betwixt
Generall
Assemblies
,
to
have
her
Commission
,
whose
trust
should
be
to
preserve
the
Liberties
of
the
Church
and
to
take
care
of
some
things
of
more
General
concernment
committed
unto
them
,
and
that
in
all
these
things
they
should
keep
themselves
within
the
bounds
of
their
Commission
,
and
proceeding
according
to
the
standing
Acts
of
former
Generall
Assemblies
,
and
that
in
the
next
ensuing
Assembly
they
shall
give
an
accompt
of
their
proceedings
during
the
whole
time
of
their
Commission
in
the
beginning
of
the
Assembly
,
before
any
other
Cause
or
matter
be
handled
,
and
their
proceedings
to
be
allowed
or
dis-allowed
,
as
the
Assembly
shall
think
expedient
.
Now
,
saith
the
Author
,
this
matter
of
pre-limitation
being
an
exception
against
the
Commission
,
could
not
be
taken
in
consideration
,
without
the
change
of
this
order
.
I
shall
not
say
,
that
it
might
have
been
done
without
any
shadow
of
change
of
order
;
But
I
desire
to
be
considered
,
that
it
never
was
the
intention
,
nor
did
it
ever
come
into
the
mind
of
any
free
lawfull
Generall
Assembly
of
the
Church
of
Scotland
,
to
give
power
to
their
Commissioners
to
give
Lawes
concerning
the
constitutng
of
an
Assembly
;
these
are
clearly
set
down
in
the
Policy
and
Acts
of
the
Church
,
according
to
which
,
the
Commission
ought
to
walk
in
all
things
committed
to
their
trust
,
not
medling
with
any
thing
not
committed
unto
them
,
much
less
medling
with
it
in
a
way
contrary
to
that
Policy
&
these
Acts
:
and
therefore
did
they
appoint
the
proceedings
of
these
Commissioners
to
be
tryed
,
and
allowed
or
dis-allowed
in
the
next
Assembly
,
before
the
doing
of
any
thing
else
.
Now
a
Commission
contrary
to
their
trust
,
doth
meddle
with
the
Constitution
of
an
Assembly
,
and
by
their
Letter
and
Act
,
and
the
deed
of
Presbyteries
thereupon
,
the
elections
are
prelimited
(
as
the
Author
is
content
to
suppose
)
and
when
the
Assembly
meets
,
and
this
is
proponed
as
an
exception
to
be
taken
in
consideration
against
such
Members
of
the
Ass:
as
was
Members
of
that
Commission
;
he
tels
us
,
it
cannot
be
considered
without
change
of
order
,
being
an
exception
against
the
Commissioners
proceedings
.
What
a
sad
case
the
Church
is
brought
to
by
this
means
,
that
●s
,
to
suffer
the
constitution
of
her
Assemblies
to
be
corrupted
by
her
own
Commission
,
and
that
without
remedy
;
or
why
it
must
,
as
to
the
Constitution
of
the
Assemb.
be
taken
in
consideration
before
the
admitting
of
these
Commissioners
to
fit
as
Members
,
or
else
not
at
all
,
because
if
if
the
Commissioners
be
once
received
,
the
Members
admitted
,
and
the
Assemb:
constituted
hoc
ipso
,
that
these
things
are
done
,
that
prelimitation
is
approven
;
or
why
the
Assem
:
hath
already
constituted
&
found
themselvs
a
lawful
Assem
.
with
these
Commissioners
inclusive
,
notwithstanding
of
that
exception
.
That
the
matter
may
be
yet
further
cleared
,
it
would
be
considered
,
that
against
the
constitution
of
Judicatories
in
their
Members
,
there
may
be
exceptions
of
severall
sorts
,
some
that
are
more
personall
or
particular
,
relating
to
one
or
two
,
or
some
few
upon
personall
scandals
and
miscarriages
;
Some
more
common
and
universall
,
that
concerns
all
or
many
;
a
Judicatory
may
proceed
to
constitute
it self
,
and
act
as
a
Judicatory
before
discussing
●xceptions
of
the
first
sort
;
having
laid
aside
the
Members
against
whom
these
exceptions
are
propounded
,
till
conveniently
they
may
be
gotten
tryed
and
discussed
,
because
there
is
no
exception
but
against
a
few
,
and
upon
particular
and
personall
s●andals
;
the
far
greater
part
being
Members
uncontrolable
and
rightly
qualified
,
but
they
cannot
proceed
to
constitute
themselves
and
act
as
a
Judicatory
before
discussing
of
exceptions
of
the
second
sort
,
unlesse
we
would
suppose
,
that
after
constituting
themselves
into
a
Judicatory
,
or
finding
themselvs
to
be
a
Judicatory
,
they
might
again
find
themselvs
to
be
no
Judicatory
.
Exceptions
of
a
more
common
and
universal
influence
against
causa
causae
,
of
the
Constitution
of
an
Assembly
,
to
wit
,
against
Elections
,
which
is
the
ground
of
the
Commissions
;
as
the
Commissions
are
of
the
constitution
of
the
Assembly
,
ought
to
be
considered
before
constitution
be
declared
;
for
unfree
Elections
make
null
Commissions
,
and
all
,
or
a
great
many
null
Commissions
,
make
a
null
Assembly
.
From
these
things
,
I
trust
it
is
manifest
,
that
the
exceptions
against
the
freedome
of
Election
,
because
of
the
Act
and
Letters
of
the
Commission
,
and
the
deed
of
the
Presbyteries
following
thereupon
,
ought
to
have
been
taken
in
consideration
before
the
Meeting
did
constitute
themselves
in
an
Assembly
,
and
that
the
Commissioners
whom
that
exception
did
concern
,
ought
not
to
have
been
admitted
to
sit
as
Members
,
before
the
trying
and
discussing
thereof
:
as
to
that
of
the
change
of
the
order
of
proceeding
,
which
had
been
used
constantly
,
upon
which
the
Author
seems
to
lay
so
much
weight
,
besides
what
is
answered
already
,
I
say
,
there
needed
no
change
in
that
Order
,
in
discussing
of
any
thing
that
was
intrusted
to
the
Commission
;
for
this
was
not
within
the
compass●
of
their
power
and
trust
,
but
diametrally
opposite
to
the
same
;
and
therefore
the
Commission
having
so
far
exceeded
their
bounds
,
as
to
meddle
with
Constitutions
of
the
Assembly
,
by
prelimiting
of
the
Elections
;
this
did
unavoidably
necessitate
the
cognition
and
consideration
of
that
part
of
th●
Commissions
proceeding
,
so
far
as
it
did
relate
to
the
Constitution
of
the
Assembly
,
though
not
formally
,
as
it
did
concern
their
carriage
.
I
know
not
to
what
purpose
the
Author
alleadges
,
that
that
order
was
on
a
debate
w●th
the
Parliament
it self
in
the
year
1648.
established
by
a
former
Act
,
as
the
Protesters
themselves
well
understood
;
would
he
by
this
insinuate
,
that
there
was
a
debate
betwixt
the
Parliament
and
the
Assembly
,
concerning
the
Commissions
pre-limiting
of
Elections
,
and
that
the
Parl.
desired
this
to
be
considered
of
before
the
Assemblies
constituting
themselves
into
a
Judicatory
,
and
that
the
Assembly
did
refuse
it
,
and
afterwards
established
the
Act
which
he
speaks
of
?
O●
that
the
Parliament
did
desire
the
Commissioners
of
the
former
Assembly
should
be
removed
from
sitting
as
Members
in
the
Assembly
1648.
untill
the
Exceptions
propounded
against
them
,
by
them
should
be
taken
in
consideration
and
discussed
?
If
he
mean
any
of
these
,
he
is
much
mistaken
,
because
there
was
no
such
debate
betwixt
the
Parliament
and
the
Assembly
,
nor
betwixt
the
Assembly
and
any
persons
whatsoever
in
the
year
1648.
as
we
shall
afterwards
convincingly
clear
:
And
he
is
no
lesse
mistaken
when
he
sayeth
,
that
it
was
acknowledged
by
the
Protesters
,
and
that
upon
this
they
offered
to
the
Assembly
at
St.
Andrews
,
before
the
choosing
of
a
Moderator
,
a
Paper
pressing
the
changing
and
reforming
the
order
of
proceeding
in
the
Generall
Assembly
,
which
before
had
always
been
in
use
.
The
Protesters
might
haply
acknowledge
an
Act
of
the
Assembly
concerning
the
trying
,
and
allowing
and
dis-allowing
the
proceedings
of
the
Commission
before
the
handling
of
any
other
Cause
or
matter
.
If
there
was
any
question
about
that
Act
,
it
could
not
but
be
readily
acknowledged
by
the
Protesters
,
having
been
so
lately
revived
in
the
Assem
.
1648.
but
that
there
was
any
such
acknowledgment
as
the
Author
insinuates
,
is
alleadged
without
all
ground
;
as
also
that
which
he
sayeth
of
their
offering
a
Paper
for
changing
of
their
former
order
;
They
did
never
offer
any
such
Paper
,
nor
did
they
ever
pen
or
draw
up
any
such
Paper
;
and
the
Author
doth
wrong
them
not
a
little
,
and
himself
more
,
when
he
doth
affirm
it
:
They
did
indeed
offer
a
Paper
to
the
Assembly
,
before
the
choosing
of
the
Moderator
,
but
there
was
not
one
title
therein
concerning
the
changeing
and
Reforming
of
the
order
of
proceeding
formerly
used
by
the
Assembly
;
but
upon
knowledge
and
conscience
of
the
main
weight
that
lay
against
that
Meeting
,
why
they
could
not
be
a
lawfull
,
free
Generall
Assembly
;
the
Protesters
did
offer
a
Paper
unto
them
for
choosing
of
the
Moderator
,
containing
a
humble
desire
,
and
some
reasons
to
perswade
them
to
adjourn
their
Meeting
,
and
to
forbear
to
constitute
themselves
in
an
Assembly
;
the
Paper
is
yet
extant
under
the
hands
of
all
the
Protesters
,
and
may
be
seen
by
any
who
please
.
If
the
Meeting
at
that
time
had
been
pleased
to
read
and
hearken
to
the
desire
of
that
Paper
,
many
things
that
have
followed
since
,
might
have
been
prevented
;
but
many
,
whether
from
a
fear
of
missing
a
ratification
of
the
Publick
Resolutions
,
or
upon
any
other
ground
,
themselves
best
know
,
did
shew
themselvs
so
zealous
against
the
very
offer
of
it
,
that
the
Meeting
would
not
so
much
as
read
or
hear
it
;
and
therefore
whilst
the
Author
thought
to
have
reached
a
great
blow
to
the
Protesters
,
in
fastening
upon
them
the
pressing
of
the
changing
&
reforming
the
order
which
themselves
not
long
ago
(
as
he
alleadges
)
had
been
the
main
maintainers
and
procurers
of
,
to
get
it
established
before
,
when
it
made
for
them
,
he
hath
quite
missed
them
,
and
wounded
himself
by
alleadging
things
that
are
not
true
.
VINDICATION
.
BVt
come
we
to
the
Argument
as
it
lieth
in
its
full
form
and
strength
in
the
later
Paper
.
Passing
the
first
Proposition
thereof
,
let
us
come
to
the
tryall
of
the
second
,
or
the
Assumption
.
That
the
election
of
Commissioners
to
the
Assembly
was
prejudged
and
prelimited
in
the
due
freedom
thereof
:
That
this
alleadgeance
might
be
verified
,
it
was
necessary
to
have
made
clearly
out
;
First
,
That
the
Commissioners
Act
and
Letter
exclude
and
discharge
many
Ministers
to
be
chosen
.
Secondly
,
That
the
Presbytery
in
the
Election
,
were
possibly
prelimited
by
the
Letter
of
the
Commission
,
i.
e.
admitted
the
prelimitation
of
the
Commissioners
,
and
did
not
use
their
own
freedom
in
electing
,
but
meerly
followed
the
direction
of
the
Commission
;
let
the
Commission
be
never
so
guilty
,
and
their
brethren
never
so
unduely
prelimited
,
yet
if
the
Presbyteries
who
are
the
only
Electors
used
their
own
freedom
,
their
election
is
free
and
valid
,
and
nothing
can
be
forced
against
the
Assembly
as
unfree
and
unlegall
in
the
constitution
of
it
,
because
of
any
such
Act
or
Letter
of
the
Commissions
,
as
solicitation
active
of
Judges
and
Members
of
any
Judicatory
,
proves
not
a
Judicatory
corrupt
,
unlesse
it
can
be
evidenced
,
that
they
have
excepted
and
yeelded
unto
the
solicitation
.
Now
,
doth
this
Paper
prove
either
of
these
as
it
undertakes
,
and
would
bear
the
Reader
in
hand
,
when
it
sayeth
,
The
second
Proposition
is
proven
,
&c.
good
and
ingenuous
Reader
;
consider
if
it
do
so
.
And
first
for
the
latter
of
these
particulars
what
sayeth
it
?
The
second
is
proven
by
the
Presbyteries
proceeding
according
to
the
Letter
and
Act
of
the
Commission
sent
unto
them
about
the
time
of
choosing
the
Commissioners
appointing
that
such
,
&c.
Answer
.
Did
the
Writer
of
this
Paper
at
the
emitting
of
it
,
think
,
that
it
should
ever
come
under
the
consideration
of
decerning
and
impartiall
judgements
,
that
would
try
ere
they
trust
;
or
rather
hath
he
purposed
that
it
should
come
to
none
b●t
such
as
were
preengaged
,
or
pre-inclined
to
take
any
thing
off
his
hand
for
good
coyn
,
proof
good
enough
?
For
here
as
to
that
part
of
the
Assumption
on
the
which
we
are
for
the
present
,
there
is
nothing
but
a
naked
petitio
Principii
,
a
naked
affirming
of
the
same
which
was
alleadged
before
in
the
first
●etting
down
of
the
Assumption
;
for
what
is
it
else
that
is
said
,
Presbyteries
proceeding
according
to
the
Letter
and
Act
of
the
Commission
about
the
time
&c.
but
the
same
that
was
alleadged
there
,
that
Presbyteries
at
the
order
and
appointment
of
a
Supream
Judicatory
passed
by
.
&c.
and
therefore
whatever
the
writer
say
afterward
in
the
pretended
proof
of
that
Assumption
,
concerning
things
included
in
the
Commissions
Act
and
Letter
,
to
shew
that
they
intended
prelimitation
of
the
election
of
Commissioners
,
let
all
be
never
so
true
.
It
is
but
words
he
gives
his
Reader
in
the
close
of
that
Section
,
saying
these
things
do
clearly
prove
that
there
was
such
a
prelimitation
of
Election
as
is
formerly
spoken
of
;
For
,
let
these
things
be
never
so
clear
spoken
of
the
Commissions
Act
and
Letter
,
yet
for
ought
that
he
said
as
yet
,
it
is
not
clear
,
that
Presbyteries
proceeded
according
to
these
,
or
were
positively
prelimited
by
them
,
that
they
did
not
use
their
own
liberty
in
election
,
and
so
the
second
Proposition
is
not
yet
proved
.
REVIEW
.
SEing
he
is
pleased
to
passe
the
first
Proposition
of
the
Argument
,
as
it
lyeth
in
the
second
Paper
.
I
shall
also
passe
it
,
conceiving
that
he
takes
it
for
a
truth
,
as
indeed
it
is
.
To
the
Assumption
he
sayeth
many
things
,
which
I
shall
take
in
order
as
they
lye
.
Let
it
be
yeelded
to
him
,
that
for
verification
of
the
alleadgeance
contained
therein
,
that
these
two
things
which
he
mentions
are
to
be
made
out
,
viz.
that
the
Letter
and
Act
of
the
Commission
did
exclude
and
discharge
many
Ministers
to
be
chosen
,
and
that
the
Presbyteries
did
admit
of
that
prelimitation
,
or
were
passively
prelimited
by
that
Letter
and
Act
,
yet
with
these
animadversions
upon
that
which
he
speaks
in
the
explication
of
his
passive
prelimitation
:
First
,
that
he
confines
his
passive
prelimitation
within
too
narrow
a
bounds
,
and
he
will
not
have
it
extended
to
the
Presbyteries
,
unlesse
they
did
meerly
follow
the
Election
of
the
Commission
in
that
matter
that
is
as
I
take
his
meaning
,
go
quite
contrary
to
their
own
inclination
and
judgment
,
so
as
they
were
but
meer
patients
in
that
business
,
(
upon
which
accompt
a
wrangler
might
haply
deny
that
there
is
any
prelimitation
at
all
of
Elections
:
for
if
men
be
suffered
to
make
any
election
,
or
so
patients
in
it
,
that
if
they
had
been
left
to
themselves
,
they
would
have
taken
another
course
:
But
what
if
they
had
some
inclinations
that
way
,
yet
were
not
herein
fully
determined
,
but
were
hovering
and
suspending
the
ultimate
determination
of
their
judgment
,
untill
they
should
hear
the
matter
debated
in
their
Presbyteries
,
or
advise
and
confer
with
others
of
their
Brethren
abroad
,
and
then
the
Letter
and
Act
of
the
Commission
comes
unto
them
,
and
by
the
authority
hereof
,
determines
that
judgment
,
and
shuts
out
all
that
thereafter
could
be
said
by
any
to
the
contrary
.
Was
there
not
a
passive
prelimitation
here
,
though
such
persons
did
not
meerly
follow
the
direction
of
the
Commission
,
but
also
in
some
part
their
own
inclination
,
which
I
think
indeed
was
the
case
of
many
of
the
Presbyteries
.
Next
,
when
he
sayeth
,
that
if
the
Presbyteries
who
are
the
onely
Electors
used
their
own
freedome
,
their
Election
is
free
and
valide
.
If
he
meaned
as
to
any
prelimitation
from
without
,
it
is
true
;
but
if
he
meaned
simply
,
and
in
all
cases
wherein
they
use
their
own
freedome
,
I
deny
that
the
Election
is
alwayes
free
and
val●de
:
If
the
Presbyteries
had
freely
and
by
mutuall
agreement
amongst
themselves
,
or
two
or
three
Presbyteries
▪
or
one
Presbytery
for
the
plurality
of
it
,
have
agreed
to
exclude
all
these
from
voycing
in
the
Elections
,
or
from
being
elected
,
who
were
for
,
or
those
who
were
against
the
Publick
Resolutions
,
would
these
Elections
have
been
free
and
valid
?
May
not
Presbyteries
themselves
unwarrantably
●n●
rench
upon
the
freedome
of
their
own
Election
is
,
as
well
as
it
may
be
done
by
others
from
without
.
Th●rdly
,
I
desire
that
to
be
taken
notice
of
,
which
he
sayeth
,
for
illustrating
the
bu●inesse
,
that
solicitation
active
of
Judges
and
Members
of
a●y
Judicatory
,
proves
not
a
Judicatory
corrupt
,
unlesse
it
can
●e
evidenced
that
they
have
accepted
and
yeelded
to
the
solicitation
.
Well
then
,
if
their
acceptance
and
y●elding
can
be
evidenced
,
it
proves
them
corrupt
by
the
Authors
own
grant
.
Whether
the
Paper
proves
either
of
these
as
it
under-takes
,
we
shall
see
anon
.
For
verifying
the
last
of
these
,
the
Paper
sayeth
,
That
it
is
proven
by
the
Presbyteries
proceeding
,
according
to
the
Act
and
Letters
of
the
Commission
sent
to
them
,
about
the
time
of
choosing
the
Commissioners
,
appointing
that
such
,
&c.
Over
this
probation
,
the
Author
makes
a
great
deal
of
businesse
upon
the
Writer
.
To
all
which
,
I
say
,
that
he
was
not
so
simple
as
to
entertain
himself
with
such
thoughts
and
purposes
as
the
Author
speake
of
;
he
did
wel
enough
know
that
what
he
said
in
this
matter
,
would
come
under
the
consideration
of
decerning
,
and
both
impartial
and
partia●
judgments
,
and
did
expect
contradiction
either
from
the
Author
,
or
some
other
of
his
mind
,
and
therefore
these
things
need
not
;
but
it
is
no
probation
but
petitio
principii
,
saith
he
,
a
naked
affirming
of
the
same
which
was
alleadged
before
,
under
favour
it
is
not
so
;
It
is
not
the
same
thing
to
say
that
Presbyteries
at
the
order
and
appointment
of
Judicatories
passed
by
,
&c.
and
to
say
that
Presbyteries
proceeded
according
the
Letter
and
Act
of
the
Commission
;
the
second
specifies
what
Supream
Judicatory
it
was
,
not
the
absolutly
or
firstly
Supream
in
this
Church
;
to
wit
,
the
Assembly
but
the
Supream
,
by
delegation
in
things
committed
to
them
;
to
wit
,
the
Commission
,
and
it
speaks
also
what
order
and
appointment
it
was
,
condescending
upon
it
in
particular
,
that
it
was
a
Letter
and
Act
for
this
purpose
,
so
that
the
last
brings
clearer
light
and
evidence
in
both
these
particulars
then
the
first
,
and
therefore
it
is
not
petitio
principii
,
or
a
naked
affirming
of
the
same
thing
,
though
it
be
not
so
full
a
proof
of
the
whole
matter
,
which
the
writer
thought
not
so
needfull
all
at
once
,
because
he
was
to
speake
of
it
afterwards
in
answer
to
the
objections
which
were
brought
in
of
purpose
,
that
the
whole
busines
might
be
cleared
and
confirmed
;
but
let
all
be
never
so
true
which
●s
said
afterwards
for
pro●f
of
the
assumption
,
the
Author
wi●
have
nothing
to
be
said
or
given
to
the
Reader
here
but
words
.
If
it
be
true
which
is
said
afterwards
(
as
I
hope
it
shal
after
tryall
be
found
)
it
is
no
great
matter
though
he
be
suffered
to
enjoy
his
opinion
in
this
.
VINDICATION
.
I
Affirm
and
make
good
that
Presbyteries
were
not
positively
pre-limited
,
but
did
choose
freely
:
1.
A
great
part
of
the
Presbyteries
,
I
may
say
without
overreaching
,
four
parts
for
five
at
that
time
had
no
opposite
to
the
Publick
Resolutions
amongst
them
,
and
so
were
not
capable
by
pre-limitation
to
exclude
whom
they
had
not
.
2.
Of
these
Presbyteries
who
had
any
opposite
to
the
Resolutions
,
the
far
most
part
did
choose
such
,
and
no
other
for
the
Commissioners
,
some
choosed
such
,
and
otherwise
minded
indifferently
(
as
will
appear
by
the
Rolls
of
the
Assembly
,
and
the
consideration
of
the
mindes
of
Presbyteries
at
that
time
,
and
these
very
few
who
did
pass
them
by
,
in
their
Election
,
we
readily
avow
,
they
did
it
meerly
of
their
own
accord
,
following
the
freedom
of
their
own
minde
,
without
all
pre-limitation
by
any
from
without
,
the
contrary
is
not
proven
,
and
we
can
instruct
the
affirmitive
of
some
who
did
pass
by
such
ere
that
Act
or
Letter
came
to
them
,
or
were
made
known
to
them
.
REVIEW
.
LEt
us
examine
these
things
upon
which
the
Author
is
bold
to
affirm
,
and
promises
to
make
good
,
that
Presbyteries
were
not
passively
prelimited
,
but
did
choice
freely
:
The
first
is
,
that
a
great
part
of
the
Presbyteries
four
parts
of
five
at
that
time
had
no
opposite
to
the
Publick
Resolutions
amongst
them
,
and
so
were
not
capable
by
prelimitation
to
exclude
whom
they
had
not
;
what
though
it
were
true
that
as
many
Presbyteries
as
he
speaks
of
had
no
opposit
at
that
time
to
the
Publick
Resolutions
,
yet
what
if
all
,
or
some
of
these
Presbyteries
had
in
them
some
few
or
many
,
who
were
as
yet
indifferent
,
and
not
determined
in
the
businesse
;
but
were
afterwards
overswayed
with
the
Authority
of
the
Commissioners
Letter
and
Act
;
was
there
not
a
prelimitation
upon
them
in
their
voicing
in
the
election
of
Commissioners
,
because
overswayed
by
the
Letter
and
Act
of
the
Commission
to
chose
these
who
did
approve
of
the
Publick
Resolutions
,
which
before
the
influence
that
that
Letter
and
Act
had
upon
them
,
they
were
not
determined
in
,
but
might
haply
have
been
determined
in
the
contrary
,
upon
supposal
that
many
were
indifferent
at
that
time
in
the
matter
of
the
Publick
Resolutions
,
as
indeed
not
a
few
were
if
we
may
judge
by
their
carriage
,
because
they
had
not
declared
their
judgements
for
or
against
them
;
who
knowes
but
they
might
before
the
elections
,
have
been
determined
against
them
?
If
by
the
Letter
and
Act
of
the
Commission
that
gave
evidence
of
processing
such
,
they
had
not
been
prelimited
in
their
choice
,
and
so
there
should
have
been
some
opposite
to
the
Publick
Resolutions
in
these
Presbyteries
,
had
it
not
been
for
that
prelimitation
.
2.
I
think
he
will
not
deny
,
but
some
Presbyteries
had
in
them
opposites
to
Publick
Resolutions
;
Let
us
take
(
as
it
would
seem
he
would
grant
it
)
a
fifth
part
,
there
might
be
a
prelimitation
upon
these
,
and
to
prelimite
the
elections
in
every
fifth
Presbytery
of
the
Church
of
Scotland
,
is
certainly
a
great
blow
to
the
freedome
of
the
Assembly
.
But
3.
I
affirm
and
make
good
,
that
it
is
not
true
that
four
parts
of
five
of
the
Presbyteries
at
that
time
had
in
them
no
opposite
to
Publick
Resolutions
;
yea
,
on
the
contrary
,
that
the
one
half
of
the
Presbyteries
in
Scotland
and
above
,
had
in
them
at
that
time
some
opposites
to
Publick
Resolutions
.
When
I
did
read
the
confident
Preface
of
the
Author
to
this
assertion
of
his
,
in
which
he
saith
he
doth
not
overreach
;
and
the
assertion
it self
I
did
suspect
,
lest
I
had
mistaken
the
meaning
,
and
therefore
read
again
and
again
but
the
words
being
plain
,
I
did
apprehend
,
that
they
might
be
w●ong
transcribed
,
and
therefore
I
sought
for
another
Copy
,
in
which
I
found
it
also
so
written
,
that
it
may
appear
to
him
and
others
,
how
grosse
an
overreaching
there
is
in
that
assertion
.
I
desire
that
it
may
be
considered
,
that
there
be
in
Scotland
of
standing
Presbyteries
65.
or
thereabouts
,
four
parts
of
which
makes
52.
none
of
which
52.
by
his
assertion
,
had
at
that
time
any
opposite
to
the
Publick
Resolutions
,
and
13.
onely
do
remain
,
who
can
be
supposed
to
have
had
any
such
in
them
,
but
there
were
at
that
time
nigh
40.
Presbyteries
,
who
to
my
knowledge
had
in
them
some
opposites
to
the
Publick
Resolutions
,
and
moe
,
I
doubt
not
to
the
knowledge
of
some
other
men
,
at
least
some
other
Presbyteries
which
are
not
here
named
;
the
truth
whereof
w●ll
appear
by
the
following
Table
,
in
which
are
set
down
both
the
names
of
these
Presbyteries
,
and
names
of
some
one
or
other
in
them
,
who
were
at
that
time
opposits
to
the
bublick
Resolutions
.
-
Stranrauer
,
M.
Alex.
Turnbull
.
-
K●lcudor
.
Mr.
Samuel
Row
.
-
Wigtoun
,
Mr.
Robert
Richison
.
-
Air
,
Mr.
Thomas
Wylie
.
-
I●wine
,
Mr.
Math.
Mowet
.
-
Dumbert
.
Mr.
Hen.
Semple
.
-
Pasl●y
,
Mr.
Alex.
Dunlop
.
-
Glasgow
,
Mr.
Patr.
Gillespie
.
-
Hammilton
,
Mr.
Ja.
Nesmith
.
-
Lenrick
,
M●
.
Wil.
Simervail
.
-
Dumfreice
,
Mr.
Hen.
Henderson
.
-
Penpont
,
Mr.
Sam.
Austine
.
-
Loch-maben
,
Mr.
Thomas
Henderson
.
-
Midebey
,
Mr.
David
Lang.
-
Jedburgh
,
Mr.
Jo.
Livingston
.
-
Turreffe
,
Mr.
Arthur
Mitchel
.
-
Gerioch
,
Mr.
George
Tellifer
.
-
Kelso
,
Mr.
John
Simervail
.
-
Aifiltoun
,
Mr.
John
Veatch
.
-
Jernsyde
,
Mr.
Thomas
Ramsay
.
-
Edinburgh
,
Mr.
Robert
Trail
.
-
Lithgow
,
Mr.
Ephraim
Melvill
.
-
Bigger
,
Mr.
Alex.
Livingston
.
-
Da●keith
,
M.
John
Sinclare
.
-
Sterline
,
Mr.
James
Guthrie
.
-
Auchterardor
,
Mr.
Geo.
Murray
.
-
Perch
,
Mr.
Alex.
Rollock
.
-
Dunke●l
,
Mr.
John
Hart.
-
Dumf●r●ne
,
Mr.
Wil.
Oliphant
.
-
Kirkaldie
,
M.
Alex.
Mountcrief
.
-
Couper
,
M.
John
Maggill
.
-
St.
Andrews
,
Mr.
Sa.
Rutherford
.
-
Fo●farre
,
Mr.
David
Lindsay
.
&c.
-
Arbroth
,
Mr.
Alex.
Reynolds
.
-
Aberdeen
,
Mr.
Andr.
Cant.
-
K●ncardine
,
Mr.
Alex.
Cant.
-
Dear
,
Mr.
Robert
Keith
.
-
Elegine
,
Mr.
Joseph
Brodie
.
-
In●rarey
,
Mr.
Alex.
Gordoun
.
-
Dundee
,
Mr.
Andr.
Oliphant
.
THere
be
some
of
these
Presbyteries
,
the
whole
members
whereof
were
at
that
time
opposite
to
the
Publick
Resolutions
,
and
others
of
them
,
the
plurality
whereof
were
opposite
to
these
Resolutions
,
and
others
of
them
,
who
had
in
them
sundry
opposites
,
both
Ministers
and
Ruling
Elders
;
but
we
have
named
one
Minister
onely
in
every
Presbytery
,
because
this
was
enough
to
make
such
an
assertion
ashamed
,
and
to
hide
it self
that
it
might
never
again
be
heard
abroad
.
It
may
be
the
Author
will
question
whether
all
these
were
opposite
at
that
time
to
the
Publick
Resolutions
:
But
I
believe
the
truth
of
this
,
concerning
as
many
of
them
as
will
make
him
after
suppu●ation
see
that
he
did
far
over-reach
,
when
he
said
that
four
parts
of
five
had
at
that
time
no
opposite
to
the
Publick
Resolutions
,
is
sufficiently
known
to
himself
by
their
testimony
sent
to
the
Commission
,
or
their
Letters
written
to
particular
members
thereof
,
or
occasionall
Conference
with
themselves
or
their
Sermons
,
or
constant
and
uncontrolled
report
of
their
judgement
and
carriages
;
Let
it
be
true
but
of
20.
of
them
,
it
doth
abundantly
confute
his
assertion
;
but
if
he
or
any
other
doubt
of
what
is
said
,
it
shall
be
no
difficill
matter
to
get
it
attested
under
their
own
hands
,
and
the
hands
of
others
,
that
they
were
at
that
time
not
only
dis-satisfied
in
their
judgements
with
the
Publick
Resolutions
,
but
also
did
bear
testimony
against
them
.
The
Coppie
which
I
have
in
this
place
wants
some
words
,
and
hath
something
wrong
written
,
of
which
I
cannot
well
make
sense
,
but
these
words
which
I
have
cited
are
plainly
set
down
in
it
.
The
2.
thing
that
he
brings
that
Presbyteries
were
not
positively
pre-limited
,
is
,
that
of
these
Presbyteries
who
had
opposites
to
the
Publick
Resolutions
,
the
far
most
part
did
choose
such
,
and
that
few
did
passe
by
them
in
the
elections
,
But
this
overshuts
as
far
as
the
other
,
as
will
appear
by
viewing
the
number
of
Presbyteries
,
in
wich
there
were
some
opposites
to
the
Publick
Resolutions
;
and
considering
how
many
of
these
were
,
in
which
there
were
any
chosen
who
were
against
these
Resolutions
,
which
I
believe
shall
not
be
found
above
20.
or
very
little
more
,
if
they
come
to
that
number
;
but
let
us
suppose
them
to
be
more
,
they
are
not
the
far
most
part
of
the
Presbyteries
who
●ad
in
them
opposites
to
the
Publick
Resolutions
,
and
these
who
remain
will
not
be
few
of
that
number
.
The
Author
doth
readily
avow
,
that
where
Presbyteries
did
pass
by
such
they
did
it
meerly
of
their
own
accord
,
following
the
freedome
of
their
own
minde
,
without
all
pre-limitation
from
without
;
if
he
had
so
readily
avowed
it
,
he
should
have
brought
good
proof
of
it
,
that
men
might
have
been
perswaded
that
he
did
avowe
a
truth
;
his
proof
is
,
that
the
contrary
is
not
proven
:
Though
it
were
so
,
that
it
is
not
good
proof
of
what
he
avows
.
Next
he
saith
,
that
he
can
instruct
the
affirmitive
of
some
who
did
passe
by
such
ere
that
Act
and
Letter
came
unto
them
,
but
how
many
they
are
he
tels
us
not
,
lest
the
paucity
of
them
being
known
,
should
make
little
to
the
purpose
,
very
few
elections
in
Scotland
were
past
,
before
that
Letter
and
Act
came
unto
them
,
it
being
issued
before
the
ordinary
time
of
election
,
and
great
diligence
and
care
being
used
in
the
dispatch
thereof
,
so
that
came
to
the
hands
of
the
most
remote
Presbyteries
,
who
lay
under
the
feet
of
the
Enemy
,
such
as
these
of
Merse
,
Tividale
,
Dumfriece
and
Galloway
before
their
elections
,
that
in
some
few
places
the
elections
was
made
before
it
came
,
is
far
from
proving
what
he
doth
readily
avow
,
as
the
comming
of
an
swallow
is
far
from
proving
the
spring
in
some
places
,
some
were
acquainted
that
there
was
such
a
purpose
and
design
,
before
it
was
jud●c●ally
concluded
or
emitted
;
and
therefore
some
Ministers
of
the
Presbytery
of
Glasgow
,
before
the
issuing
of
that
Resolution
,
did
oppose
the
election
of
Commissioners
at
one
diet
,
and
presse
a
delay
till
another
diet
,
upon
this
reason
among
others
,
that
there
were
some
directions
to
come
from
the
Commission
of
the
Generall
Assembly
,
concerning
their
Proceedings
in
the
election
of
their
Commissioners
,
&
that
it
was
fit
that
they
should
not
proceed
till
they
got
these
directions
,
which
though
it
was
not
put
among
the
written
reasons
of
their
Protestation
,
yet
can
be
testified
by
many
living
witnesses
who
were
present
.
God
willing
before
this
debate
close
,
it
shall
be
made
to
appear
,
that
notwithstanding
of
all
these
evasions
,
the
Letter
and
Act
of
the
Commission
did
in
many
places
pre-limite
the
Elections
,
by
excluding
those
who
were
for
ability
and
faithfulnesse
in
a
capacity
to
be
chosen
,
and
if
it
was
(
as
the
Author
saith
)
that
a
great
part
of
the
Presbyteries
,
four
parts
of
five
had
at
that
time
no
opposite
to
the
Publick
Resolutions
,
and
that
this
was
known
to
the
Commission
;
to
me
it
is
a
wonder
,
and
I
believe
will
be
so
also
to
others
,
that
the
Commission
should
have
been
so
imprudent
,
as
to
give
so
great
an
advantage
against
themselves
,
and
so
much
matter
of
gainsaying
to
the
opposites
of
Publick
Resolutions
,
and
have
laid
so
great
a
stumbling
in
the
way
of
many
who
had
already
stumbled
at
their
Proceedings
,
which
were
now
to
fall
under
the
examination
and
judgement
of
the
Generall
Assembly
.
VINDICATION
.
AGainst
the
second
somewhat
may
seem
to
be
said
in
the
writers
reply
to
the
third
objection
he
formes
,
against
this
objection
of
the
Assemblies
nullity
;
where
,
in
the
objection
among
other
particulars
alleadged
;
it
is
said
in
the
third
,
that
the
Letter
and
Act
had
little
or
no
influence
in
Presbyteries
in
the
choose
of
Commissioners
,
to
which
is
replyed
by
the
Writer
,
that
is
spoken
against
the
truth
,
for
proof
whereof
he
gives
instances
.
1.
All
the
Ministers
who
oppose
the
Publick
Resolutions
are
known
to
be
faithfull
and
honest
,
most
of
them
such
as
had
wont
these
years
past
,
because
of
their
integrity
and
ability
to
be
chosen
Commissioners
,
but
few
of
them
were
chosen
this
year
to
the
Assembly
,
and
if
any
such
were
chosen
it
was
where
the
whole
Presbyteries
was
unanimous
against
the
Resolutions
,
or
if
the
Presbytery
was
divided
in
their
judgments
,
then
were
there
for
the
most
part
either
two
elections
,
or
dissents
,
or
Protestations
against
the
election
of
such
as
were
unsatisfied
with
the
Publick
Resolutions
or
else
both
,
as
in
the
elections
at
Sterline
and
Glasgow
,
of
all
which
no
reason
can
be
given
,
except
the
Act
and
Letter
of
the
Commission
.
To
the
matter
of
this
instance
,
we
say
these
things
:
1.
It
is
too
wide
a
word
,
All
the
Ministers
who
oppose
the
Publick
Resolutions
are
known
to
be
,
&c.
And
how
ever
,
many
of
them
will
not
be
questioned
to
be
such
;
yet
we
must
say
some
,
even
of
these
were
not
so
faithfull
as
they
should
have
been
this
last
year
by
past
,
in
the
particular
of
defence
of
Countrey
and
Covenant
in
all
the
sworn
Articles
thereof
;
This
the
Nation
feels
to
day
,
and
the
posterity
when
this
generation
is
dead
and
rotten
,
will
give
impartiall
judgement
of
it
.
2.
Be
it
so
,
that
some
were
wont
to
be
chosen
Commissioners
were
not
now
chosen
,
yet
this
is
for
little
purpose
to
the
point
,
that
the
election
was
carried
by
influence
of
the
Commissions
Letter
,
that
these
same
men
have
wont
to
be
often
chosen
without
intermission
to
be
Commissioners
,
the
whole
Kirk
was
growing
sensible
of
this
thing
as
dangerous
,
whereby
the
whole
power
of
Publick
Government
was
nigh
by
become
settled
in
the
persons
of
some
particular
men
,
and
these
but
a
few
as
constant
Commissioners
of
the
Kirk
.
If
ever
the
Lord
shall
be
pleased
to
grant
again
to
this
Kirk
the
Liberty
of
a
generall
Assembly
,
it
were
necessary
that
Presbyteries
be
pre-limited
indeed
,
that
they
make
not
such
an
use
and
wont
.
3.
That
few
opposites
were
chosen
;
it
is
no
wonder
because
they
were
but
few
in
comparison
of
the
rest
of
the
Ministery
of
Scotland
.
4.
Even
where
neither
whole
societies
were
unanimous
against
the
Resolutions
,
nor
yet
the
plurality
were
opposers
,
yet
some
unsatisfied
were
chosen
Commissioners
without
a
certain
election
,
and
without
Protestation
(
dissenting
in
the
enumeration
is
idlely
reckoned
up
)
as
is
evident
from
the
Commissioners
,
both
of
the
Presbytery
and
university
of
Aberdeen
.
There
was
indeed
a
Protestation
against
the
opposing
Brother
,
but
it
was
taken
up
and
passed
from
and
the
election
unanimously
approven
afterwards
in
the
Presbytery
,
so
there
is
something
against
the
truth
clearly
.
5.
The
writer
makes
enumeration
of
elections
of
Presbyteries
divided
in
judgment
,
some
doubted
,
some
dissented
from
,
or
Protested
against
,
some
both
wayes
,
but
gives
no
particular
instances
of
all
these
sorts
but
onely
of
two
,
these
of
Glasgow
,
and
Sterline
;
and
I
suspect
he
can
give
us
no
more
or
very
few
.
But
sixthly
to
the
main
drift
of
this
instance
expressed
in
the
last
words
thereof
,
of
all
which
no
reason
can
be
given
,
except
the
Act
and
Letter
of
the
Commission
:
We
answer
,
this
is
a
very
poor
way
of
proving
,
that
the
Letter
and
Act
of
the
Commission
had
much
influence
upon
the
election
of
Commissioners
,
against
a
man
denying
it
,
to
say
no
other
reason
can
be
given
of
these
elected
,
and
these
not
elected
,
and
this
or
that
done
against
the
election
of
some
opposers
of
the
Publick
Resolutions
,
at
the
Letter
and
Act
of
the
Commission
;
What
is
this
but
to
begge
the
question
,
and
when
you
have
affirmed
a
thing
,
and
taken
upon
you
to
prove
it
,
to
do
no
more
for
the
proof
of
it
,
but
to
say
the
Adversary
cannot
prove
the
negative
,
whereas
affirmanti
incumbit
probatio
,
and
yet
we
say
another
reason
may
be
given
of
these
things
then
what
the
writer
alleadgeth
,
see
page
19.
REVIEW
.
BEcause
something
seems
to
the
Author
to
be
said
again
what
is
now
alleadged
in
the
Writer
his
Reply
to
the
third
Objection
that
he
forms
against
his
own
Argument
.
The
Author
takes
these
things
in
consideration
,
and
gives
some
Answers
unto
them
,
but
let
us
see
what
they
are
.
First
,
he
thinks
it
too
wide
a
word
to
say
,
That
all
the
Ministers
who
did
oppose
the
Publick
Resolutions
,
are
known
to
be
faithfull
and
honest
,
and
he
gives
an
instance
in
the
carriage
of
some
of
them
that
seems
to
weaken
this
testimony
,
his
instance
is
,
that
some
of
these
were
not
so
faithfull
as
they
should
have
been
this
last
year
past
in
the
particular
of
the
Defence
of
the
Countrey
and
Covenant
:
but
what
is
this
but
a
branch
of
the
thing
that
is
in
Controversie
?
These
Ministers
are
perswaded
in
their
Consciences
before
the
Lord
upon
good
reason
,
that
it
would
have
been
in
them
great
unfaithfulnesse
to
have
allowed
of
that
way
of
the
Defence
of
the
Countrey
and
Covenant
holden
forth
in
the
Publick
Resolutions
,
and
that
besides
all
their
provocations
which
are
great
and
many
,
they
would
by
this
also
have
been
accessory
to
what
the
Nation
smarts
under
this
day
,
as
the
righteous
reward
of
such
revolting
from
God
;
and
therefore
if
ye
have
no
more
to
instance
but
this
,
it
doth
not
prove
,
but
that
they
may
all
of
them
be
still
called
faithfull
and
honest
men
.
Secondly
he
sayeth
,
Be
it
so
that
some
were
wont
to
be
chosen
Commissioners
,
who
were
not
now
chosen
,
yet
this
is
litle
to
the
point
,
that
Elections
was
carryed
by
influence
of
the
Commissions
Letter
and
Act.
But
granting
that
Presbyteries
did
upon
that
Letter
and
Act
,
leave
their
wonted
way
these
years
past
in
th●ir
Election
,
it
is
to
the
point
in
hand
,
because
it
is
praesumptio
juris
,
&
de
jure
;
that
this
change
flowed
from
the
influence
that
the
Letter
and
Act
had
upon
them
,
the
Author
seeing
somewhat
of
this
,
intimates
another
cause
that
moved
that
change
,
to
wit
,
that
the
whole
Kirk
was
growing
sensible
of
this
thing
,
as
dangerous
,
whereby
the
whole
power
of
Publick
Government
,
was
near
become
settled
in
the
persons
of
some
particular
men
,
and
these
but
a
few
,
as
constant
Commissioners
,
in
which
he
thinks
there
will
be
need
to
pre-limite
Presbyteries
,
that
they
make
not
an
use
of
it
.
If
the
Lord
shall
be
pleased
again
to
grant
the
Liberty
of
an
Assembly
.
But
to
say
nothing
,
that
this
was
the
language
which
was
wont
to
be
spoken
by
dis-affected
men
these
years
past
,
especially
dis-affected
Ministers
,
who
fell
under
the
censures
of
the
Church
,
whose
pretences
and
alleadgeances
in
this
particular
have
strength
added
unto
them
by
the
Authors
asserting
the
same
thing
:
It
is
non
causa
pro
causa
,
as
will
appear
by
these
two
things
;
First
,
there
were
a
good
many
of
these
who
were
for
the
Publick
Resolutions
,
who
had
wont
to
be
Commissioners
these
years
past
,
and
who
had
a
great
,
some
of
them
a
greater
swey
in
Government
than
the
other
,
and
yet
most
,
if
not
all
of
these
were
chosen
also
the
last
year
.
Now
,
if
that
was
the
cause
which
the
Author
speaks
of
,
why
did
it
not
bring
forth
the
like
effect
in
regard
of
both
,
seeing
both
were
alike
lyable
to
that
exception
.
Next
,
if
the
whole
Church
was
so
grown
in
the
sense
of
that
evill
,
why
did
they
not
provide
the
remedy
at
the
last
Assembly
,
it
being
in
their
power
so
to
have
done
,
and
the
Commissioners
(
as
the
Authors
assertion
will
import
)
having
such
an
impression
of
the
same
upon
their
spirits
?
If
the
Author
will
speak
his
Conscience
,
I
think
he
will
not
deny
,
but
if
these
men
whom
he
saith
to
have
been
excluded
upon
that
ground
,
have
been
for
the
Publick
Resolutions
,
even
these
amongst
them
whom
that
ground
might
have
been
conceived
to
reach
most
,
would
have
been
chosen
and
adm●tted
Commissioners
as
well
as
others
.
If
the
whole
Church
was
growing
sensible
of
this
thing
,
surely
the
Meeting
at
St.
Andrews
did
litle
regard
or
expresse
it
,
when
they
choosed
one
to
be
their
Moderator
,
who
not
onely
had
been
Moderator
of
the
former
Commission
,
whose
proceedings
were
then
in
question
,
and
to
be
examined
,
but
also
in
many
preceding
Commissions
and
A●len
bi●es
,
and
who
had
been
a
chief
A●tor
all
that
while
in
all
these
things
that
concern
Publick
Government
,
which
I
speak
not
to
bear
any
pa●ticular
blame
upon
him
,
or
upon
his
carriage
,
but
to
let
see
that
either
the
whole
Church
was
not
growing
sensible
of
this
,
as
the
Author
insinuates
,
or
else
that
h●r
sense
of
it
in
her
Representative
,
was
let
out
,
or
holden
in
upon
men
,
according
to
their
judgment
and
carriage
in
the
Publick
Resolutions
;
and
so
was
not
the
cause
of
the
Presbyteries
,
not
,
choosing
such
as
they
were
wont
to
choose
.
Thirdly
,
Tha●
few
opposers
were
chosen
;
he
thinks
it
is
no
wonder
,
because
they
are
but
few
in
comparison
of
the
rest
of
the
Ministery
of
the
Land
.
How
few
soever
they
were
in
comparison
of
th●
rest
of
the
Ministery
in
the
Land
,
yet
these
of
them
who
were
formerly
wont
to
be
chosen
Commissioners
,
were
not
few
in
respect
of
the
rest
of
the
Commissioners
,
neither
yet
were
they
so
few
as
the
Author
reckons
them
,
when
he
sayeth
,
that
four
parts
of
five
of
the
Presbyteries
,
had
in
them
at
that
time
no
opposers
to
the
Publick
Resolutions
;
nay
,
they
were
and
are
still
a
very
considerable
number
;
and
whensoever
an
exact
calculation
shall
be
made
by
a
particular
list
of
the
whole
Ministery
in
the
Land
,
and
of
these
who
were
against
the
Publick
Resolutions
at
the
time
of
the
Elections
,
and
of
the
whole
Commissioners
of
the
Assembly
at
S.
Andrews
and
Dundee
,
I
believe
it
shall
be
found
,
that
the
number
of
Commissioners
who
were
chosen
from
among
these
who
were
against
the
Publick
Resolutions
,
wa●
no
way
in
proportion
answerable
to
the
number
of
the
other
:
That
some
unsatisfied
,
were
chosen
without
another
Election
,
and
without
Protestation
,
even
when
neither
whole
Societies
were
unanimous
against
the
Resolutions
,
not
yet
the
plurality
were
opposers
,
he
doth
affirm
it
,
but
doth
not
prove
it
:
for
the
instances
which
he
gives
of
the
Commissioners
,
both
of
the
Presbyte●y
and
University
of
Aberdeen
prove
nothing
lesse
:
For
the
University
,
the
Letter
and
Act
came
not
to
it
,
at
least
,
were
not
read
in
it
,
and
the
plurality
there
were
opposers
of
the
Publick
Resolutions
:
And
for
the
Presbytery
,
by
his
own
grant
,
there
was
a
Protestation
against
the
opposing
Brother
who
was
chosen
,
which
was
taken
up
again
with
much
difficulty
,
and
by
earnest
dealing
of
some
of
the
Brethren
,
opposite
to
the
Publick
Resolutions
,
whose
desire
was
condescended
unto
,
with
condition
,
that
their
should
be
a
third
Commissioner
,
it
being
in
the
mean
while
suggested
in
private
,
that
he
who
had
first
appeared
in
the
Protestation
against
the
opposers
,
might
be
the
man
,
which
I
relate
not
upon
hear-say
,
but
upon
the
subscribed
testimony
of
these
who
were
witnesses
to
the
matter
of
fact
.
So
I
hope
,
that
nothing
against
the
truth
hath
been
asserted
by
the
Writer
in
this
part
of
his
Answer
.
The
Author
sayeth
in
a
Parenthesis
,
that
dissenting
in
the
enumeration
,
is
idlely
reckoned
up
.
Why
he
should
say
so
,
I
do
not
conjecture
,
unlesse
that
it
be
he
thinks
dissenting
and
protesting
the
same
thing
which
they
are
not
,
as
appears
clearly
from
an
Act
of
the
Assembly
1644.
concerning
dissent
and
Protestations
in
Presbyteries
.
He
seems
unsatisfied
with
the
Writer
,
that
whilst
he
makes
enumeration
of
elections
of
Presbyteries
divided
in
judgment
,
some
doubted
,
some
dissented
from
,
or
protested
against
,
some
both
wayes
,
that
he
gives
no
particular
instances
of
all
these
sorts
,
but
only
two
,
and
he
tells
his
Reader
,
that
he
suspects
he
can
give
no
more
,
or
very
few
.
But
he
is
suspicious
without
cause
,
moe
can
be
given
and
are
given
by
the
Writer
in
that
very
Paper
that
the
Author
is
replying
to
,
and
moe
then
all
these
can
yet
be
given
if
need
be
:
And
though
they
were
but
few
,
this
is
no
great
wonder
,
because
there
was
but
few
Presbyteries
did
choose
any
opposite
to
the
Publick
Resolutions
,
or
according
to
the
Author
,
could
choose
any
such
,
because
they
had
none
such
amongst
them
.
Whereas
he
sayeth
,
that
it
is
a
poor
way
of
proving
the
Act
and
Letter
of
the
Commission
to
have
had
much
influence
upon
the
Election
of
Commissioners
,
to
say
,
that
of
all
this
,
no
other
reason
can
be
given
,
because
it
is
no
more
;
but
when
you
have
affirmed
a
thing
,
to
say
,
that
the
Adversary
cannot
prove
the
negative
,
whereas
affirme●ti
incumbit
probatio
.
If
the
way
of
proving
be
poor
,
yet
●s
candide
and
ingenuous
,
by
putting
an
advantage
in
the
hand
of
gain-sayers
,
if
they
can
give
another
reason
,
which
the
Author
sayes
may
be
given
,
and
shall
be
considered
in
this
place
;
But
Jurists
will
tell
him
,
that
illi
non
nobis
incumbit
probatio
,
because
we
have
praesumptionem
Juris
,
&
de
Jure
quae
nos
relevat
ab
onere
probandi
,
&
probationem
devolvit
in
adversarium
.
VINDICATION
.
AS
for
the
elections
mentioned
here
a
word
of
them
,
and
then
we
passe
on
to
the
next
instance
;
for
that
of
Sterline
it
is
known
that
the
first
Protestation
there
,
was
not
against
the
election
of
opposers
of
the
Resolutions
,
but
against
no
opposers
when
at
the
Di●t
of
the
Presbytery
appointed
for
election
of
Commissioners
to
the
Assembly
,
the
matter
was
put
to
voice
,
and
Commissioners
chosen
by
plurality
of
votes
,
some
of
the
Brethren
of
that
Presbytery
,
the
fewer
part
in
number
dissented
,
and
the
election
held
a
new
Meeting
by
themselves
without
the
present
Moderator
and
Clerk
,
and
made
a
new
election
of
the
opposers
of
the
Resolutions
to
be
Commissioners
,
was
there
not
reason
enough
to
Protest
against
that
election
(
if
it
was
Protested
against
)
beside
the
Act
and
Letter
of
the
Commission
.
As
for
that
of
Glasgow
be
it
so
,
that
the
Letter
and
Act
was
a
reason
that
moved
some
Brethren
of
that
Presbytery
to
Protest
against
the
first
election
,
being
opposers
of
the
Resolutions
,
yet
it
was
not
the
reason
that
moved
them
to
Protest
;
they
had
sundry
other
weighty
motives
besides
that
as
is
known
;
yea
,
it
was
evident
,
that
it
had
the
least
influence
in
that
matter
of
any
;
for
in
the
election
that
these
same
Brethren
made
afterward
,
they
choosed
one
of
these
same
opposers
to
be
a
Commissioner
,
notwithstanding
of
the
Act
and
Letter
of
the
Commission
;
and
I
verily
think
,
that
there
was
none
that
at
that
time
in
Elections
passed
by
any
opposers
or
dissenters
from
the
Election
of
any
of
them
;
but
they
would
have
passed
by
these
same
,
and
dissented
from
these
same
,
thogh
there
had
not
at
all
such
a
Letter
and
Act
come
from
the
Commission
,
they
conceived
in
it self
a
duty
at
that
time
,
and
they
looked
upon
the
Act
and
Letter
but
as
a
warning
,
the
more
to
make
them
mindfull
of
their
duty
.
REVIEW
.
THe
Author
doth
much
mis-represent
the
instance
of
Sterline
in
severall
important
circumstances
:
First
,
he
sayeth
,
that
the
Commissioners
in
the
first
Election
were
chosen
by
plurality
of
votes
;
There
were
that
day
but
thirteen
Members
of
the
whole
Ministers
and
Ruling
Elders
present
in
the
Presbytery
,
and
but
six
of
these
voted
to
the
choice
of
these
Commissioners
,
and
six
are
not
the
plurality
of
thirteen
.
Secondly
,
in
that
he
sayeth
,
That
the
fewer
part
in
number
,
discontent
at
the
Election
,
held
a
new
Meeting
by
themselves
,
without
the
present
Moderator
and
C●e●k
.
There
was
no
Election
at
all
for
which
they
could
be
discontented
;
neither
were
they
the
fewer
part
in
number
,
neither
did
they
meet
by
themselves
without
the
present
Moderator
and
Clerk
,
but
the
whole
Presbytery
met
at
the
ordinary
diet
,
with
the
present
Moderator
and
Clerk
,
though
a
long
time
after
the
Meeting
,
the
Clerk
falling
sick
,
did
with-draw
;
and
whilst
the
Moderator
was
present
,
it
was
found
very
clear
in
the
minutes
of
the
Presbytery
,
that
there
had
been
no
Election
at
the
former
diet
,
and
the
Presbytery
did
by
plurality
of
voices
,
the
Moderator
and
all
the
friends
of
the
Publick
Resolutions
of
their
number
being
present
,
concluds
,
that
they
should
then
proceed
to
the
election
of
Commissioners
,
in
which
votes
four
only
of
the
whole
number
did
voice
in
the
Negative
;
after
which
,
the
Moderator
and
these
of
his
mind
,
removed
upon
a
discontent
;
after
whose
going
,
the
Presbytery
did
proceed
to
the
election
of
Commissioners
.
These
things
as
to
the
truth
of
them
,
needs
not
to
be
questioned
,
because
they
are
agreeable
to
the
Registers
of
the
Presbytery
,
which
are
patent
to
any
who
desires
to
be
informed
thereof
.
A●f●r
that
of
Glasgow
,
the
Author
yeelds
,
that
the
Act
was
a
reason
that
moved
some
Brethren
in
that
Presbytery
to
protest
against
the
first
Election
,
but
sayes
,
that
it
is
not
the
only
reason
that
moved
them
,
they
had
sundry
other
weighty
motives
besides
.
If
it
was
a
reason
,
then
certainly
it
had
influence
upon
their
judgments
,
against
the
chusing
of
such
as
were
opposers
of
the
Publick
Resolutions
,
and
so
here
was
a
pre-limitation
by
the
Act
and
Letter
of
the
Commission
.
That
they
choosed
one
of
these
opposers
to
be
a
Commissioner
,
notwithstanding
of
the
Act
and
Letter
:
That
doth
not
make
it
evident
,
that
the
Act
and
Letter
had
the
least
influence
on
them
in
excluding
of
others
;
there
might
be
,
and
there
was
another
reason
of
their
so
doing
.
As
to
that
person
that
made
them
dispense
with
the
Letter
and
Act
of
the
Commission
:
He
was
precious
and
dear
to
the
godly
who
knew
him
in
all
parts
of
the
Land
for
his
tendernesse
and
piety
,
and
was
but
lately
loosed
from
the
bonds
of
his
captivity
,
and
if
they
had
rejected
him
,
it
would
have
been
a
great
imputation
upon
them
,
to
say
nothing
that
their
designe
had
been
more
open
and
manifest
:
yet
the
Author
cannot
but
remember
,
that
notwithstanding
he
was
chosen
both
by
them
,
and
also
in
the
first
election
,
yet
was
it
refused
to
let
him
sit
in
the
Assemblie
,
till
that
reason
sh●uld
be
first
discussed
,
though
it
was
propounded
and
urged
by
a
very
Honourable
Person
,
a
Member
of
the
Assembly
;
I
cannot
subscribe
to
that
which
the
Author
thinks
,
that
there
was
none
at
that
time
,
who
in
Elections
passed
by
any
opposers
,
or
dissented
from
the
Elections
of
any
of
them
;
but
they
would
have
passed
by
these
same
,
and
dissented
from
these
same
,
though
there
had
not
at
all
such
an
Act
and
Letter
come
from
the
Commission
.
If
there
were
no
more
to
prove
,
that
such
a
thought
is
not
well
bottomed
,
but
this
one
thing
,
that
some
in
the
Presbytery
of
Dunkel
,
dissented
from
the
election
of
these
who
were
opposite
to
the
Publick
Resolutions
,
meerly
and
only
upon
the
Letter
and
Act
of
the
Commission
,
as
may
be
seen
in
rhe
reasons
of
their
dissent
given
unto
the
Synod
,
it
is
enough
to
do
it
.
VINDICATION
.
THe
first
Instance
to
prove
the
great
influence
that
the
Letter
and
Act
had
upon
elections
,
the
Presbytery
of
Dunkel
having
chosen
then
Commissioner
one
of
that
number
who
was
a
Member
of
the
Commission
;
having
protested
against
the
Election
,
because
such
as
were
chosen
were
unsatisfied
with
the
Commissions
proceedings
.
The
Synod
of
Pearth
meeting
a
little
after
,
and
receiving
the
Act
and
Letter
of
the
Commission
,
did
thereupon
sustain
the
dissent
and
Protestation
of
that
man
in
their
number
,
and
did
appoint
the
Presbytery
of
Dunkel
to
choose
the
Commissioners
new
again
.
Ans.
This
is
the
onely
Instance
alleadged
with
some
colour
to
evidence
some
influence
of
the
Commissions
Letter
and
Act
;
but
yet
when
it
is
discussed
,
there
will
be
litle
to
the
purpose
found
in
it
;
but
let
it
be
so
,
that
the
Synod
sustained
the
Protestation
on
that
ground
,
and
appointed
a
new
Election
:
yet
it
is
known
that
the
Presbytery
in
the
second
Election
,
still
did
choose
Brethren
dis-satisfied
with
the
Resolutions
,
and
as
I
believe
these
same
whom
they
had
chosen
before
,
who
were
admitted
in
the
Assembly
without
any
question
,
and
reasoned
and
voted
therein
according
to
their
minde
,
without
any
restraint
or
hindrance
;
so
that
if
there
was
any
fault
here
,
it
might
be
well
in
the
Synods
Act
,
but
not
in
the
Presbytery
,
which
was
the
onely
Act
about
this
businesse
,
capable
of
,
&
chargeable
with
the
fault
of
pre-limitation
but
this
was
done
with
freedom
.
This
much
to
the
one
part
of
the
Assumption
,
wherby
it
may
appear
,
that
whatever
prelimitations
were
,
or
might
be
in
the
Commissions
Act
or
Letter
:
yet
the
Elections
were
free
,
because
Presbyteries
therein
were
not
passively
pre-limited
,
but
choosed
freely
according
to
their
own
minde
.
Were
there
no
more
to
be
said
,
this
much
may
make
the
Protesters
bethink
themselves
better
in
their
second
thoughts
of
their
rash
adventuring
upon
so
high
an
Act
as
a
Protestation
and
Declinature
of
a
Generall
Assembly
,
as
unfree
and
unlawful
,
and
may
make
others
advise
better
ere
they
adjoyn
themselves
to
it
by
approbation
.
REVIEW
.
ALbeit
this
Instance
seem
to
the
Author
to
be
alleadged
with
some
colour
to
evidence
some
influence
of
the
Commissions
Letter
and
Act
;
yet
he
thinks
when
it
is
discussed
,
there
will
be
found
litle
to
the
purpose
in
it
,
and
his
reason
is
,
because
it
is
known
that
the
Presbytery
at
the
second
Election
still
did
choose
Brethren
dis-satisfied
with
the
Resolutions
,
and
as
he
believes
these
same
whom
they
had
chosen
before
,
&c.
But
notwithstanding
of
all
the
Author
says
,
there
is
very
much
to
the
purpose
in
it
.
First
,
there
is
this
in
it
to
the
purpose
,
that
the
judgments
and
voices
of
some
of
the
Members
of
the
Presbytery
,
viz.
of
these
who
did
dissent
from
the
first
election
were
pre-limited
by
the
Letter
and
Act
of
the
Commission
,
they
giving
these
onely
for
the
reason
of
their
dissent
.
Secondly
,
there
is
this
in
it
to
the
purpose
,
that
the
judgment
of
the
whole
Synod
,
which
doth
include
five
Presbyteries
(
except
a
few
who
did
dissent
from
,
and
Protest
against
the
Synod
,
sustaining
the
dissent
of
these
in
Dunkel
from
the
Election
upon
that
ground
)
was
by
the
same
Letter
and
Act
pre-limited
to
the
declaring
of
that
Election
void
and
null
,
meerly
upon
this
reason
,
that
they
had
proc●eded
contrary
to
the
Letter
and
Act
of
the
Commission
.
Thirdly
,
there
is
this
to
the
purpose
in
it
,
that
the
whole
Presbyterie
was
so
pre-limited
by
an
Act
of
the
Synod
,
founded
on
the
other
Act
and
Letter
,
as
to
be
necessitate
to
passe
from
the
first
Election
which
was
lawfully
made
,
and
against
which
no
exception
was
made
,
but
the
Letter
and
Act
;
and
to
make
a
new
Election
,
that
they
did
again
choose
persons
opposite
to
the
Publick
Resolutions
,
was
from
the
over-bearing
Conscience
of
their
duty
.
That
they
were
admitted
in
the
Assembly
without
any
question
,
is
not
true
;
their
admittence
was
questioned
by
a
Member
of
the
Commission
,
then
a
Member
of
the
Assembly
,
a
man
zealous
for
the
Publick
Resolutions
;
and
the
Moderator
perceiving
that
others
opposite
to
the
Publick
Resolutions
were
like
to
take
advantage
by
it
,
he
did
handsomely
wave
it
.
Now
,
these
things
being
examined
which
the
Author
sayeth
to
the
first
part
of
the
Assumption
,
I
leave
it
to
be
judged
whether
he
had
cause
to
say
,
that
whatever
pre-limitations
were
in
the
Commissions
Act
and
Letter
,
yet
the
Elections
were
free
,
because
Presbyteries
therein
were
not
passively
pre-limited
but
chosen
freely
according
to
their
own
minde
;
and
whether
he
had
cause
to
draw
so
strong
insulting
lines
as
he
subjoyns
thereto
.
If
there
be
no
more
to
say
then
he
hath
yet
said
,
I
professe
ingenuously
,
I
see
no
cause
why
the
Protesters
should
bethink
themselves
better
in
their
second
thoughts
of
their
adventuring
on
such
a
high
Act
,
as
to
protest
against
,
and
decline
from
that
Meeting
at
St.
Andrews
,
and
Dundee
as
not
being
a
lawfull
free
Generall
Assembly
,
or
why
others
should
have
advised
better
,
ere
they
had
joyned
themselves
to
〈◊〉
by
approbation
;
it
seems
a
little
beyond
the
bounds
of
modesty
for
men
to
drive
and
vent
such
conclusions
upon
their
own
reasonings
,
though
haply
they
might
bear
them
;
It
being
fit
to
leave
these
things
to
the
judicious
and
unbyassed
Readers
,
to
give
judgement
as
they
find
cause
.
VINDICATION
.
IT
is
true
that
for
proof
of
the
unlawfulness
of
these
pretended
Assemblies
,
condemned
by
the
Assembly
at
Glasgow
38.
amongst
other
reasons
the
want
of
freedome
in
the
matter
of
election
of
Commissioners
is
alleadged
as
a
main
and
principal
one
,
but
there
the
matter
was
not
meerly
alledged
,
but
clearly
evidenced
,
that
the
Commissioners
sent
to
these
Meetings
were
not
indeed
elected
by
Presbyteries
,
but
nominated
by
the
Kings
Letters
,
See
Session
12.
Reas.
against
the
pretended
Assembly
,
at
Lithgow
1606.
and
at
Glasgow
1610.
REVIEW
.
THe
Author
for
taking
off
of
this
prejudice
,
and
reason
which
stood
in
the
way
of
the
Assembly
at
Glasgow
38.
who
prove
the
unlawfulnesse
of
these
pretended
Assemblies
by
the
want
of
freedome
in
the
matter
of
election
of
Commissioners
saith
,
that
their
matter
was
not
meerly
alleadged
,
but
clearly
evidenced
that
the
Commissioners
sent
to
these
Meetings
were
not
indeed
elected
by
Presbyteries
,
but
nominate
by
the
Kings
Letters
,
if
he
mean
that
they
were
not
freely
elected
by
Presbyteries
proceeding
meerly
ex
proprio
motu
;
It
is
true
because
the
King
and
the
Bishops
Letters
had
influence
upon
them
to
pre-limite
their
elections
,
but
if
he
mean
that
they
were
not
all
elected
by
Presbyteries
,
nor
had
any
Commission
from
them
,
but
came
meerly
upon
the
Kings
Letters
,
it
is
not
true
;
because
albeit
the
reason
against
the
pretended
Assembly
at
Lithgow
1606.
seems
to
favour
this
,
yet
that
against
the
pretended
Assembly
at
Glasgow
1610.
intimateteth
that
they
were
chosen
and
had
Commissions
,
because
it
saith
First
,
that
the
elections
were
not
free
;
an
election
then
there
was
,
but
not
a
free
election
;
if
there
had
been
no
election
,
the
Assembly
38.
would
,
no
question
,
have
so
expressed
it
,
as
importing
a
reason
of
nullity
more
clear
and
strong
.
Next
,
that
the
Bishop
of
St.
Andrews
required
them
to
send
such
Commissioners
as
the
King
had
nominate
,
assuring
them
that
no
other
would
be
accepted
;
If
the
Presbyteries
did
send
them
as
their
Commissioners
,
then
some
sort
of
election
there
behoved
to
be
,
as
indeed
there
was
,
both
to
that
Assembly
at
Lithgow
1606.
and
that
of
Glasgow
1610.
For
clearing
of
which
,
it
would
be
remembred
,
that
there
is
an
election
materiall
,
when
persons
are
instructed
and
authorized
by
us
as
our
Commissioners
,
though
we
have
not
nominate
and
formally
chosen
them
for
that
effect
,
and
an
election
formal
,
when
we
do
formally
nominate
and
choose
,
an
election
materiall
there
was
at
Lithgow
,
because
those
who
were
nominate
by
the
Kings
Letter
,
were
instructed
and
authorized
by
the
Presbyteries
as
their
Commissioners
;
and
therefore
in
the
4.
reason
for
nullifying
of
that
Assembly
,
there
is
mention
of
the
power
which
these
Ministers
had
,
and
of
the
limitation
thereof
by
their
Presbyteries
;
but
there
was
no
formal
nomination
of
these
men
by
the
Presbyteries
,
therefore
it
is
said
in
the
2.
reason
,
that
they
were
not
at
all
elected
by
their
Presbyteries
:
but
at
Glasgow
1610.
there
was
both
a
materiall
and
formall
election
,
though
not
free
but
pre-limited
,
because
the
King
and
the
Bishops
had
designed
the
persons
whom
they
would
have
them
to
send
;
and
let
it
be
considered
,
whether
upon
the
matter
there
be
not
the
like
and
as
realll
a
pre-limitation
,
by
the
Act
and
Letter
of
the
Commission
:
In
the
year
1606.
and
1610.
the
King
and
the
Bishops
nominate
who
shall
come
and
design
,
whom
the
Presbytery
shall
send
,
without
leaving
them
to
choose
such
of
their
number
as
they
thought
fit
,
and
in
the
year
1651.
the
Commission
designes
who
of
their
number
they
shall
not
send
,
to
wit
,
none
that
were
opposite
to
the
Publick
Resolutions
(
for
this
much
their
Act
wherein
they
require
them
to
be
cited
to
the
Assembly
doth
import
,
as
afterwards
shall
be
cleared
)
not
leaving
Presbyteries
to
their
own
freedome
,
choose
such
of
their
number
as
they
thought
fit
,
and
is
not
the
one
of
there
a
pre-limitation
,
and
hinders
a
free
choice
as
wel
as
the
other
?
Doth
not
he
pre-limite
who
saith
that
you
shall
not
choose
such
men
of
your
number
,
as
well
as
he
who
saith
you
shall
choose
such
men
of
your
number
;
in
the
mean
while
it
is
to
be
observed
,
that
the
Assembly
38.
hath
no
such
distinction
as
that
of
active
and
passive
solicitations
,
but
infers
the
last
Presumption
juris
&
de
jure
from
and
upon
the
first
,
and
not
without
good
reason
,
because
none
doubt
of
the
influence
of
commands
of
Superiors
,
when
the
desire
is
granted
,
and
the
direction
is
followed
by
the
inferior
,
especially
when
the
effect
is
contrary
to
the
former
custome
and
practise
when
they
were
free
:
Because
the
Author
hath
endeavoured
to
darken
as
much
as
he
can
the
pre-limiting
of
the
elections
in
Presbyteries
,
by
the
Letter
and
Act
of
the
Commission
,
by
his
distinction
of
active
and
passive
pre-limitation
,
therefore
upon
supposall
that
the
Letter
and
Act
of
the
Commission
,
did
contain
a
pre-limitation
of
the
elections
,
which
shall
be
afterwards
cleared
;
I
reason
thus
:
For
proving
that
Presbyteries
were
passively
pre-limited
in
their
elections
by
that
Letter
and
Act
;
who
so
in
their
elections
accepts
of
,
and
yeelds
obedience
unto
a
Letter
and
Act
containing
a
pre-limitation
of
their
elections
;
are
passively
pre-limited
in
their
elections
:
But
the
Presbyteries
did
accept
of
,
and
yeeld
obedience
to
such
a
Letter
and
Act
,
ergo
,
&c.
The
first
Proposition
is
a
clear
truth
,
and
agreeable
to
the
Authors
own
words
when
he
is
explaining
passive
pre-limitation
,
active
solicitation
of
Judges
and
members
of
a
Judicatory
saith
he
,
proves
not
a
Judicatory
corrupt
,
unlesse
it
can
be
evidenced
,
that
they
have
accepted
and
yeelded
unto
the
solicitation
.
The
second
Proposition
to
wit
,
That
the
Presbyteries
did
accept
of
,
and
yeeld
obedience
unto
that
Letter
and
Act
,
because
it
was
not
onely
received
and
read
in
the
most
part
of
Presbyteries
before
their
elections
,
without
any
testimony
given
against
it
,
but
also
appointed
to
be
put
upon
record
in
their
books
in
testimony
of
their
approving
thereof
,
and
as
the
ground
and
order
of
their
proceedings
in
the
things
contained
therein
,
and
obedience
was
given
thereto
in
most
places
,
by
forbearing
to
choose
any
such
as
appears
by
the
Rolls
of
the
Commissioners
,
in
same
places
ranversing
former
elections
,
and
appointing
new
ones
to
be
made
up
on
that
ground
,
as
appears
in
the
elections
of
the
Presbytery
of
Dunkell
;
in
some
places
opposing
the
choosing
of
such
as
were
opposite
to
the
Publick
Resolutions
,
and
dissenting
from
,
and
Protesting
against
their
being
chosen
,
as
in
the
Elections
of
Glasgow
,
in
such
places
intimating
to
such
as
were
choosing
in
their
absence
,
that
they
might
not
admit
them
unlesse
they
did
declare
themselves
satisfied
with
the
Publick
Resolutions
,
as
in
the
presbytery
of
Mearnes
:
for
verifying
of
which
,
I
desire
it
to
be
taken
notice
of
,
that
that
Presbytery
having
chosen
the
Lord
Arburthnet
to
be
Ruling
Elder
to
the
Generall
Assembly
,
they
did
afterwards
writ
unto
him
a
Letter
,
and
sent
by
some
of
their
own
number
,
in
which
Letter
are
contained
these
words
:
We
have
sent
two
of
our
number
who
will
take
your
Lordships
Declaration
when
you
accept
and
give
your
oath
to
discharge
your
trust
faithfully
,
whether
your
Lordship
is
satisfied
with
the
Publick
Resolutions
;
but
if
you
have
any
hesitation
and
scrouple
therein
(
as
we
hope
you
have
not
)
we
must
make
choice
of
another
,
and
in
some
places
refusing
upon
that
accompt
to
subscribe
and
approve
the
Commission
of
these
who
were
sent
from
Burghes
,
as
in
the
Presbytery
of
Kirkaldie
,
who
after
the
reading
the
said
Act
and
Letter
of
the
Commission
,
did
refuse
to
subscribe
the
Commission
given
by
the
Burgh
of
Bruntiland
to
Magnus
Aitoun
.
because
he
compeared
not
with
the
Commission
himself
to
declare
his
minde
anent
the
Publick
Resolutions
.
These
may
be
instances
enough
to
prove
their
obedience
;
If
it
were
needfull
to
take
up
time
in
so
clear
a
businesse
,
we
could
bring
sundry
moe
which
we
now
delay
,
because
they
may
be
subjoyned
to
the
end
of
this
Paper
;
but
to
say
no
more
of
this
purpose
,
the
Synods
and
Presbyteries
citing
of
such
to
the
Generall
Assembly
as
did
oppose
the
Publick
Resolutions
by
the
order
of
the
Letter
and
Act
(
which
order
for
citation
did
by
necessary
consequence
incapacitate
them
to
be
Commissioners
)
is
an
undenyable
testimony
that
they
accepted
of
,
and
yeelded
obedience
thereunto
.
VINDICATION
.
BVt
let
us
prove
it
further
in
the
discovery
of
the
nullity
of
the
first
reason
,
and
for
that
purpose
consider
the
other
particular
thereof
,
which
concerns
the
Commissions
Act
and
Letter
:
As
to
the
matter
in
Generall
,
the
Protesters
themselves
nor
any
other
judicious
or
sound
Christian
will
say
and
think
,
that
the
election
of
Commissioners
in
Presbyteries
ought
to
be
of
such
a
lax
liberty
as
is
bounded
with
no
limitations
at
all
;
this
was
the
loose
way
pleaded
for
by
the
Arminians
at
the
Synod
of
Dort
,
and
which
would
tend
to
the
subversion
of
true
Religion
;
certain
it
is
,
that
Presbyteries
are
so
far
limited
in
this
that
they
must
not
choose
any
to
be
Commissioners
to
a
General
Assembly
,
that
teaches
Doctrine
contrary
to
the
word
of
God
,
and
Constitution
of
the
Kirk
agreeable
thereunto
,
and
therefore
if
a
Commission
of
the
Gen.
Assembly
,
or
any
other
Kirk
Judicatory
,
according
to
their
interest
,
perceiving
Ministers
throughout
the
Kirk
teaching
contrary
to
the
truth
,
or
practising
to
the
prejudice
of
the
true
Religion
,
should
writ
to
Presbyteries
desiring
them
not
to
choose
any
such
Commissioners
to
a
Generall
Assembly
,
this
were
no
undue
pre-limitation
or
prejudging
their
Liberty
in
election
,
but
a
necessary
and
lawfull
warning
puttting
them
in
minde
of
,
and
stirring
them
to
a
duty
whereunto
they
were
bound
,
though
no
such
direction
were
sent
to
them
;
This
laid
down
in
generall
,
as
to
that
Act
and
Letter
of
the
late
Commission
sent
to
Presbyteries
,
we
say
first
,
That
the
Commission
did
nothing
therein
but
that
which
other
Kirk-Meetings
and
Commissions
had
done
before
them
in
the
same
matter
,
in
relation
to
the
election
of
Commissioners
to
the
Generall
Assembly
,
all
which
must
fall
unto
the
ground
as
null
,
unfree
and
unlall
,
if
the
late
Generall
Assembly
be
unfree
and
unlawfull
in
its
constitutions
;
Vpon
this
accompt
We
must
look
back
to
the
Generall
Assembly
at
Glasgow
38.
it self
,
what
directions
were
sent
from
the
Tables
then
at
Edinburgh
in
relation
to
electing
Commissioners
thereunto
.
Next
,
we
must
refer
also
to
the
Letters
sent
to
Presbyteries
by
the
Kirk
Commission
annis
1639.
40.
41.
concerning
Commissions
to
Brethren
to
these
Generall
Assemblies
,
all
which
are
yet
extant
in
Presbytery
Books
,
but
we
shall
content
our selves
to
hold
near
hand
;
the
late
Commission
did
nothing
but
what
the
Commission
did
in
the
year
48.
wherein
the
chief
Protesters
had
a
chief
hand
,
and
yet
maintain
the
lawfulnesse
of
that
deed
,
and
the
freedome
and
lawfulnesse
of
the
constitution
of
that
Assembly
that
followed
thereupon
;
To
this
the
writer
of
the
large
Paper
replyeth
sundry
things
in
answer
to
Objection
1.
But
nothing
to
take
away
the
force
thereof
:
First
,
he
hints
at
two
differences
between
the
one
and
the
other
,
as
he
would
have
the
reader
think
he
might
make
use
of
,
but
passeth
by
,
as
having
to
say
beside
;
To
say
nothing
(
saith
he
)
of
the
difference
of
reference
and
citation
,
neither
yet
of
the
difference
of
a
Letter
and
Act
importing
that
there
is
a
considerable
difference
between
these
things
,
and
that
the
Commission
48.
appointed
persons
dissentient
from
them
onely
to
be
referred
,
and
did
send
a
letter
onely
;
whereas
,
the
Commission
50.
made
an
Act
also
,
and
appointed
Persons
also
to
be
cited
to
the
Generall
Assembly
;
to
which
we
oppone
first
,
the
difference
between
a
citation
and
a
reference
,
when
the
reference
of
a
person
to
be
tryed
and
judged
on
a
fault
,
and
the
person
is
present
at
the
reference
is
just
nothing
,
see
Assembly
1643.
Session
2.
Aug.
3.
Overtures
anent
Bils
,
&c.
And
I
desire
the
Writer
to
say
if
it
was
not
the
purpose
of
the
Commission
48.
when
they
did
require
Presbyteries
to
refer
such
to
the
Gen.
Assembly
,
that
there
should
be
laid
on
them
an
obligation
legal
to
compear
personally
before
the
Gen.
Assembly
for
tryal
and
sentence
upon
them
,
and
what
else
is
the
end
of
a
citation
and
summonds
,
nor
yet
is
the
more
difference
betwixt
the
Act
of
the
Commission
and
persons
to
be
referred
or
cited
by
Presbyteries
,
and
a
Letter
requiring
it
to
be
done
,
for
is
there
not
an
Act
for
such
a
Letter
,
and
the
matter
of
it
,
and
hath
the
Letter
it self
the
force
of
an
Act
;
would
not
the
refusing
of
what
is
desired
be
counted
disobedience
to
the
Commission
?
But
it
seemeth
the
Writers
memory
hath
failed
here
;
behold
an
Act
in
terminis
,
as
it
stands
registrate
in
the
Commission
book
the
5.
of
June
1648.
The
Commission
of
the
Generall
Assembly
recommends
earnestly
to
Presbyteries
to
take
speciall
notice
of
every
Brothers
carriage
in
the
Publict
business
that
if
any
be
found
that
do
not
declare
themselves
a-against
the
present
Malignant
course
,
nor
joyn
with
their
Brethren
in
the
Common
Resolutions
thereof
,
they
be
referred
to
the
next
Generall
Assembly
,
and
if
any
of
them
have
already
declared
for
it
,
that
they
be
presently
censured
,
fic
sub
.
Andrew
Ker.
This
may
make
us
doubt
the
more
of
alledgances
of
this
kinde
,
afterwards
in
matters
of
fact
,
when
we
see
not
clear
and
circumstantiat
testimonies
of
Registers
brought
forth
.
REVIEW
.
IN
answer
to
what
is
here
said
by
the
Author
,
I
acknowledge
that
the
elections
of
Commissioners
in
Presbyteries
ought
not
to
be
such
as
is
bounded
with
no
limitations
,
and
that
if
any
Commission
of
a
Generall
Assembly
,
or
any
other
Church
Judicatory
,
according
to
their
interest
,
perceiving
Ministers
throughout
the
Church
teach●ng
contrary
,
or
practising
to
the
prejudice
of
the
Truth
should
write
to
Presbyteries
desi●ing
not
to
choose
any
such
Commissioners
to
a
Generall
Assembly
,
this
were
no
undue
pre-limitation
or
prejudging
their
liberty
in
election
;
I
believe
that
none
of
the
Protesters
will
differ
from
the
Author
in
this
:
That
Presbyteries
ought
not
to
choose
any
to
be
Commissioners
that
teaches
doctrine
contrary
to
the
word
of
God
,
and
Constitutions
of
the
Kirk
agreeable
thereto
,
and
if
the
Commission
in
their
Letter
and
Act
had
terminated
themselves
within
these
bounds
,
no
Protester
would
have
controverted
with
them
about
it
,
and
I
think
neither
will
he
controvert
with
them
in
this
,
that
if
a
Commission
,
or
any
other
Kirk
Judicatory
teach
doctrine
contrary
to
the
word
of
God
,
and
to
the
constitution
of
the
Church
agreeable
thereunto
,
and
write
to
Presbyteries
to
choose
none
to
be
Commissioners
to
the
General
Assembly
who
doth
oppose
such
doctrine
,
that
this
is
a
pre-limiting
and
prejudging
of
Presbyteries
in
the
liberty
of
their
elections
,
according
to
these
condescentions
.
The
Commission
in
the
51.
having
sent
to
Presbyteries
a
Letter
and
Act
before
their
elections
relating
thereto
;
It
seems
unavoidably
to
follow
,
that
some
limitation
and
direction
there
was
in
that
Letter
and
Act
concerning
the
elections
:
But
all
the
question
is
,
whether
it
was
a
limitation
warrantable
or
unwarrantable
:
Now
if
so
,
why
hath
the
Author
so
cautiously
,
and
so
much
wrastled
to
deny
that
that
letter
and
Act
had
any
influence
upon
the
elections
in
Presbyteries
;
if
it
was
nothing
but
a
necessary
&
lawful
warning
,
putting
them
in
mind
of
,
and
stirring
them
up
to
a
duty
whereto
they
were
bound
,
though
no
such
direction
had
been
sent
unto
them
,
then
there
was
no
cause
to
be
affraid
of
the
loosing
of
any
ground
by
acknowledging
of
its
influence
,
the
Authors
long
wrangling
about
that
,
doth
either
seem
to
say
that
he
is
suspicious
of
the
limitation
contained
therein
,
as
not
being
warrantable
,
or
else
that
he
hath
too
great
goodwil
to
dispute
,
seing
this
would
have
been
a
short
and
satisfying
answer
.
The
Commission
in
their
Letter
and
Act
did
put
no
bonds
on
Presbyteries
in
the
election
of
Commissioners
,
but
such
as
are
well
warranted
by
the
word
of
God
,
and
Acts
and
Constitutions
of
this
Church
,
and
therefore
as
the
one
did
nothing
but
their
duty
in
holding
forth
the
same
,
so
the
other
did
nothing
but
their
duty
in
accepting
thereof
,
and
giving
obedience
thereto
.
His
long
and
operous
disputation
gives
his
readers
occasion
to
think
,
that
he
is
jealous
of
so
open
and
plain
a
defence
:
His
next
and
great
refuge
is
,
that
the
Commission
did
nothing
therein
but
what
other
Commissions
and
meetings
had
done
before
them
in
the
same
matter
,
in
relation
to
the
election
of
Commissioners
,
which
I
do
confidently
deny
,
for
the
instances
which
he
names
in
the
years
1638.
39.
40.
and
41.
Because
he
doth
but
name
them
without
condescending
upon
any
particular
,
which
it
is
like
he
would
have
done
,
if
he
had
found
them
much
to
his
purpose
;
I
passe
them
with
these
considerations
,
that
what
was
done
in
38.
was
no
authoritative
direction
,
but
a
friendly
information
and
advice
,
and
that
not
in
a
Church
adhering
to
Reformation
,
but
in
a
Church
that
had
made
defection
therefrom
,
and
what
was
done
39.
40.
and
41.
was
agreeable
to
the
Word
of
God
,
and
constitutions
of
the
Church
:
But
what
was
done
in
the
51.
was
an
authoritative
direction
in
a
Church
now
reformed
from
corruptions
,
and
was
contrary
to
the
word
of
God
,
and
constitutions
of
this
Church
.
As
to
the
instance
of
the
Commission
1648.
which
he
makes
his
great
refuge
,
and
the
things
which
he
saith
thereof
:
First
,
I
do
not
know
who
are
the
chief
Protesters
,
they
are
all
joyned
as
yoak-fellows
in
one
and
the
same
duty
,
and
I
think
he
doth
as
little
know
who
had
a
chief
hand
in
that
of
the
48.
but
I
believe
,
all
of
the
Protesters
do
own
it
,
and
maintain
both
the
lawfulnesse
of
that
deed
,
and
the
freedome
and
lawfulnesse
of
the
Constitution
of
that
Assembly
,
and
yet
do
no
ways
thereby
hold
themselves
bound
to
maintain
the
deed
of
the
Commission
1651.
or
the
freedom
and
lawfulnesse
of
the
Assembly
of
that
year
,
because
of
the
great
differences
betwixt
these
two
deeds
,
which
doth
still
yet
stand
unreconciled
,
notwithstanding
all
the
pains
the
Author
hath
taken
to
make
them
speak
the
same
thing
.
As
to
pre-limitation
,
I
shall
not
wrangle
with
him
about
the
difference
of
a
Reference
and
a
Citation
,
whether
it
be
considerable
or
not
;
onely
this
,
the
Reference
in
the
48.
was
not
a
Reference
of
particular
concernment
,
(
of
which
sort
only
the
Assembly
1643.
Sess.
2.
Aug.
3.
speaks
,
making
it
equivalent
to
a
Citation
if
the
person
be
present
)
or
in
order
to
a
sentence
upon
the
persons
,
and
therefore
requires
no
Citation
in
case
of
their
absence
,
but
of
generall
concernment
,
that
the
Assembly
might
after
hearing
such
of
themselves
as
did
appear
before
them
,
advise
what
course
to
prescribe
to
Presbyteries
anent
them
;
and
if
a
Reference
and
a
Citation
(
as
he
states
it
)
be
alone
,
why
did
the
Commission
of
the
51
require
them
not
only
to
be
referred
,
but
also
to
be
cited
.
If
he
say
,
because
they
might
happen
to
be
absent
from
the
Presbytery
,
then
either
the
Commission
in
the
48
and
their
Clerk
,
did
not
understand
these
Legalities
,
or
else
they
meaned
not
to
have
them
cited
,
in
case
of
their
absence
from
the
Presbytery
.
As
to
his
desire
to
the
Writer
,
I
have
spoken
with
him
concerning
his
knowledge
of
the
purpose
of
the
Commission
in
the
year
1648.
when
they
did
desire
Presbyteries
to
referre
such
to
the
Generall
Assembly
,
and
he
desires
me
to
return
the
Author
this
answer
,
That
to
the
best
of
his
knowledge
,
and
so
far
as
he
doth
remember
,
the
Commission
had
not
that
purpose
,
that
there
should
be
laid
on
these
who
were
referred
,
an
obligation
legall
,
to
compeare
personally
before
the
Generall
Assembly
,
for
tryall
and
sentence
upon
them
;
and
he
seems
to
me
therein
to
speak
truth
:
First
,
because
there
is
no
mention
in
the
Act
of
using
any
Citation
to
those
who
shall
be
absent
from
the
Presbyteries
,
without
which
there
could
be
in
that
case
no
obligation
upon
them
to
compear
.
Secondly
,
because
they
lay
no
legall
obligation
upon
the
Presbyteries
,
either
to
cite
or
referre
them
,
but
recommends
onely
to
referre
them
;
and
I
do
not
see
how
any
Presbyteries
refusing
what
was
desired
,
could
have
been
sentenced
for
disobedience
.
I
know
that
when
any
Judicatory
writes
a
Letter
,
there
is
an
Act
for
it
,
and
for
the
matter
of
it
;
but
the
Author
is
a
litle
wide
in
his
Criticks
,
when
he
sayeth
,
That
the
Letter
it self
hath
the
force
of
an
Act.
If
he
mean
it
of
every
Letter
from
a
Judicatory
,
wherein
any
thing
is
recommended
or
desired
to
be
done
,
and
of
an
Act
laying
on
a
legall
obligation
;
but
behold
(
sayeth
the
Author
)
an
Act
in
terminis
,
as
it
stands
registrate
in
the
Commission-Books
the
5.
of
June
,
1648.
The
Commission
of
the
Generall
Assembly
recommends
earnestly
to
Presbyteries
,
to
take
speciall
notice
of
every
Brothers
carriage
in
the
Publick
businesse
,
that
if
any
be
found
that
do
not
declare
themselves
against
the
present
Malignant
course
,
nor
joyn
with
their
Brethren
in
the
common
Resolutions
thereof
,
they
be
referred
to
the
next
Generall
Assembly
;
and
if
any
of
them
have
already
,
declared
for
it
,
that
they
be
presently
censured
,
sic
subscribitur
Andrew
Ker.
For
all
the
Authors
exclamation
,
here
is
yet
no
Act
,
I
mean
nothing
authoritative
and
importing
a
legall
obligation
,
but
a
meer
recommendation
;
whio
so
peruses
the
Commissions
Books
,
will
find
their
Acts
by
which
they
mean
to
lay
on
legal
obligations
upon
these
whom
they
concern
,
casten
in
another
mould
,
they
do
ordain
,
appoint
or
require
,
as
is
evident
from
the
Letters
and
Acts
from
the
Commission
51
relating
to
the
opposits
of
the
Publick
Resolutions
.
And
albeit
the
Authors
memory
hath
failed
him
in
a
word
,
in
calling
it
a
Letter
,
yet
it
hath
failed
him
nothing
upon
the
matter
,
seeing
it
is
clear
,
that
his
meaning
was
,
that
it
was
nothing
authoritative
for
laying
on
a
legall
obligation
;
but
a
Letter
,
or
such
a
thing
as
a
Letter
,
that
usually
doth
onely
recommend
or
desire
,
and
therefore
this
so
small
a
mistake
,
needs
not
make
any
to
doubt
the
more
of
alleadgeances
of
this
kind
afterwards
in
matters
of
fact
,
though
haply
clear
and
circumstantiall
testimonies
of
Registers
be
not
brought
forth
;
and
if
the
Author
will
be
content
to
be
weighed
in
his
own
ballance
,
there
shall
upon
this
ground
be
just
occasion
to
doubt
of
many
things
which
he
sayeth
,
because
he
doth
oft-times
in
matters
of
fact
,
assert
things
that
never
had
a
being
,
let
be
to
mistake
the
name
of
a
Paper
,
by
calling
it
a
Letter
,
when
it
is
an
Act.
From
what
hath
been
said
,
it
appeares
that
there
is
a
considerable
difference
betwixt
what
was
done
in
the
Commission
48
,
and
the
Commission
51.
In
the
48
there
is
no
more
but
a
meer
recommendation
to
referre
to
the
Assembly
,
which
doth
not
lay
any
legall
obligations
upon
the
Presbyteries
to
do
it
;
nor
upon
the
persons
to
compeare
incase
of
their
absence
from
the
Presbytery
,
and
not
being
cited
:
But
in
the
51
there
is
a
formal
authoritative
Act
,
requiring
them
to
be
referred
and
cited
.
VINDICATION
.
NOw
to
our
present
purpose
;
if
ye
will
compare
this
Act
of
the
Commission
48
,
with
the
Act
and
Letter
of
the
Commission
51
not
in
question
.
The
Letter
will
be
found
much
more
moderate
and
sparing
;
for
first
,
the
Act
and
Letter
of
the
Commission
51
,
doth
not
require
the
Presbyteries
to
censure
any
at
all
for
opposing
Publick
Resolutions
,
but
onely
requires
them
to
be
referred
and
cited
to
the
Generall
Assembly
,
whereas
the
other
48
requires
,
that
all
who
did
declare
in
the
least
against
the
Resolutions
,
be
censured
presently
,
sundry
being
deposed
,
namely
for
speaking
some
few
words
against
the
Commissions
Declarat
.
against
the
engagement
.
2.
the
Act
&
Letter
of
the
Commission
,
requires
not
(
as
the
other
duty
)
any
to
be
referred
for
meer
silence
,
nor
all
that
professed
themselves
unsatisfied
with
the
Publick
Resolutions
,
though
after
conference
they
remained
unsatisfied
,
but
only
such
as
make
opposition
to
the
Publick
Resolutions
.
Yea
,
only
such
as
continued
in
their
opposition
obstinate
,
all
due
means
of
satisfaction
being
offered
and
refused
)
to
the
hindering
people
from
going
forth
to
the
present
and
necessary
defence
of
the
Land
,
and
not
drawing
others
from
it
,
which
at
that
time
was
a
most
evident
exposing
of
the
Land
without
resistance
to
the
power
of
the
Enemy
.
This
much
to
the
second
Difference
hinted
at
,
and
professed
to
be
past
by
.
REVIEW
.
I
Desire
that
in
making
of
this
comparison
,
it
may
be
taken
notice
of
,
that
the
Commission
in
the
year
1651.
had
long
before
the
sending
of
that
Letter
and
Act
now
upon
debate
sent
to
Presbyteries
,
not
only
Publick
Warnings
,
wherein
the
opposits
of
Publick
Resolutions
are
characterized
as
Malignants
,
and
holden
forth
upon
the
matter
,
as
the
betrayers
of
the
Cause
and
Countrey
,
and
animating
the
Civil
Magistrate
to
use
Civill
Censures
against
them
(
as
shall
be
afterwards
proved
from
the
Papers
themselves
)
but
also
a
Letter
and
Act
requiring
them
to
censure
such
,
the
tenour
hereof
followeth
:
Reverend
and
Welbeloved
Brethren
,
finding
that
notwithstanding
of
our
faithfull
Warnings
and
great
pains
taken
to
satisfie
all
men
to
concur
in
their
places
for
furthering
of
the
Leavies
,
for
defence
of
Religion
,
King
and
Kingdome
,
and
all
other
our
dearest
Interests
,
many
are
so
far
from
concurring
,
that
they
do
very
vehemently
go
about
to
obstruct
the
Work
,
by
writing
,
preaching
and
perswading
to
the
contrary
:
We
do
therefore
require
you
,
that
you
carefully
enquire
in
your
Presbyteries
,
what
Ministers
do
preach
,
or
otherwise
perswade
,
contrary
to
our
present
publick
and
published
Resolutions
;
and
that
you
proceed
to
censure
such
as
are
in
your
own
number
;
and
if
any
Minister
that
travels
among
you
,
transgresse
in
that
kind
,
let
him
not
be
permitted
to
preach
in
your
bonnds
;
Sic
subscribitur
Pearth
,
March
20.
1651.
It
is
not
then
to
much
purpose
to
tell
us
,
that
the
Act
and
Letter
of
the
Commission
doth
not
require
the
Presbyteries
to
censure
any
at
all
for
opposing
of
Publick
Resolutions
,
seeing
they
had
expressely
done
it
long
before
that
time
in
another
Letter
and
Act
sent
for
that
purpose
;
and
the
second
thing
wherein
he
compares
them
,
will
also
be
found
no
wayes
considerable
,
if
we
shall
remember
that
these
Warnings
of
which
we
spok
,
hath
no
distinction
of
such
as
professe
themselves
unsatisfied
with
Publick
Resolutions
,
and
such
as
do
oppose
them
,
but
takes
in
both
the
one
and
the
other
;
yea
,
and
these
who
are
silent
too
,
and
applys
the
Acts
of
former
Generall
Assemblies
against
them
,
as
is
evident
from
the
Warning
issued
from
Pearth
,
March
20
,
1651.
I
wish
the
Author
had
told
us
how
he
differences
such
as
professe
themselves
unsatisfied
,
and
such
as
oppose
.
Can
a
man
professe
himself
unsatisfied
,
and
even
after
conference
professe
himself
so
,
and
yet
be
silent
,
and
say
nothing
to
the
contrary
?
I
believe
he
means
not
opposition
by
force
;
but
a
Ministers
declaring
his
judgment
,
and
bearing
testimony
against
the
course
in
his
station
and
calling
,
and
how
a
man
should
professe
himself
unsatisfied
,
and
not
to
do
this
,
I
cannot
tell
,
unlesse
he
should
become
neutrall
and
indifferent
in
the
matter
of
his
duty
.
He
asserts
sundry
to
have
been
deposed
in
the
48.
namely
,
for
speaking
some
few
words
against
the
Commissions
Declaration
against
the
Engagement
,
but
doth
not
let
his
Reader
know
who
these
were
,
and
by
whom
and
when
they
were
deposed
;
I
do
not
remember
of
any
(
neither
yet
do
others
who
were
much
imployed
about
these
matters
)
that
were
deposed
by
the
Commission
for
speaking
against
their
Declaration
against
the
Engagement
before
the
Assembly
1648.
and
if
he
mean
it
after
the
Assembly
,
it
is
not
to
the
purpose
.
Which
things
make
it
appear
,
that
the
Author
hath
not
found
the
Commission
48
so
rigide
and
severe
,
that
he
hath
any
cause
to
preferre
the
Commission
of
the
51
unto
them
for
moderation
and
sparingnesse
,
though
there
were
no
difference
upon
the
matter
,
and
in
regard
of
the
persons
with
whom
they
had
to
do
.
VINDICATION
.
NOw
to
the
rest
insisted
on
;
First
,
saith
the
Paper
in
the
year
48
,
when
a
little
before
the
election
of
Commissioners
to
the
Generall
Assembly
,
it
was
moved
by
some
of
the
Commission
,
that
something
might
be
written
to
Presbyteries
,
requiring
them
to
choose
none
but
such
as
were
against
the
Engagement
;
it
was
opposed
and
refused
by
the
Commission
,
as
favouring
a
way
of
pre-limitation
of
the
Assembly
,
and
all
that
was
there
done
was
a
Letter
written
to
Presbyteries
,
giving
them
accompt
of
their
proceedings
,
and
exhorting
them
to
their
duty
,
to
choose
able
and
faithful
men
.
Answer
.
That
more
was
done
in
the
preceding
Generall
Assembly
,
we
have
made
it
evident
.
But
what
is
all
this
said
here
to
what
was
alleadged
,
that
the
late
Commission
had
done
nothing
but
what
the
Commission
48
had
done
before
them
?
Did
the
Commission
51write
to
Presbyteries
,
requiring
them
not
to
choose
any
against
,
or
opposite
to
their
resolutions
,
to
be
Commissioners
,
not
one
word
more
or
lesse
of
this
?
Or
did
not
the
Commissions
Act
48
,
bear
and
import
as
much
as
the
Act
and
Letter
of
the
Commission
51
,
yea
,
as
much
and
more
both
extensive
and
intensive
,
as
was
cleared
in
the
preceeding
.
But
you
will
say
(
as
it
is
in
the
Paper
)
in
the
Commission
48
,
about
that
time
that
a
motion
was
made
,
that
something
should
be
written
to
require
Presbyteries
,
not
to
choose
any
but
such
,
&c.
and
was
opposed
and
refused
,
as
favouring
pre-limittation
.
Answer
.
I
will
not
say
who
made
the
motion
;
but
I
say
,
this
is
to
little
purpose
;
for
,
what
if
I
shall
say
the
like
motion
was
made
in
the
Commission
51
,
and
opposed
and
refused
too
;
But
further
I
prove
by
the
Writer
of
this
Paper
his
grounds
what
the
Commission
48
did
upon
the
matter
;
that
which
they
did
,
was
really
to
pre-limitat
Presbyteries
,
that
they
should
choose
none
but
such
,
as
if
they
had
written
as
much
to
them
in
formal
expresse
terms
;
for
their
Commission
required
Presbyteries
either
to
refer
(
or
upon
the
matter
to
cite
)
to
Generall
Assemblies
,
or
to
censure
presently
these
who
were
otherwise
disposed
without
leaving
any
of
them
;
First
now
such
as
were
under
any
censure
clear
,
could
not
be
chosen
Commissioners
,
&
the
writer
himself
saith
in
answer
to
the
3
Objection
,
branch
2
,
That
it
cannot
be
denyed
,
that
a
citation
in
matter
of
scandal
in
doctrine
or
manners
,
will
or
ought
to
exclude
a
man
from
being
a
Commissioner
.
Therefore
upon
the
matter
that
the
Commission
did
require
,
that
Presbyteries
should
choose
none
but
such
as
were
against
the
Engagement
,
the
Act
and
Letter
of
the
Commission
51
,
if
it
did
import
exclusion
of
any
from
being
Commissioners
,
was
not
so
wide
by
far
;
It
required
not
all
unsatisfied
,
but
such
as
continued
to
oppose
to
be
cited
;
and
there
were
many
unsatisfied
at
that
time
,
who
made
no
opposition
,
and
therefore
might
have
been
,
for
ought
that
can
be
any
wayes
drawen
from
the
Act
and
Letter
,
chosen
to
be
Commissioners
,
as
sundry
were
de
facto
.
Second
consideration
presented
in
answer
to
the
former
alleadgeance
,
is
,
that
that
Letter
of
the
Commission
48
,
was
not
written
by
the
Commission
,
as
we
remember
,
until
most
part
,
if
not
all
elections
in
Presbyteries
were
passed
,
as
will
be
cleared
in
the
date
thereof
.
Ans.
So
were
many
of
the
elections
of
Presbyteries
past
before
the
Letter
of
the
late
Commission
came
to
them
;
but
that
all
,
or
most
part
of
elections
were
past
before
that
Letter
was
written
48
to
Presbyteries
,
we
cannot
upon
a
naked
assertion
believe
.
The
Writer
would
have
done
wel
here
to
expresse
the
date
of
the
Letter
;
for
I
doubt
not
but
he
might
have
had
it
out
of
some
near
Presbyterie
Book
;
I
cannot
give
a
double
of
it
for
the
present
,
but
I
shal
give
an
evident
presumption
that
it
was
otherwayes
then
it
is
said
here
.
First
,
in
some
Presbyteries
,
I
will
take
upon
me
to
prove
,
that
some
Presbytery
,
dayes
,
ere
they
began
to
think
on
the
Election
of
Commissioners
some
of
their
Members
were
upon
that
Letter
of
silence
in
the
Publick
busines
,
referred
and
cited
to
the
Gen.
Assembly
.
Next
,
look
to
the
date
of
the
Act
of
that
Commission
formerly
set
down
here
,
it
is
upon
the
5.
of
June
.
Now
,
it
is
evident
,
that
this
Act
hath
been
made
in
order
to
that
Letter
,
if
it self
was
not
also
sent
with
it
,
and
the
Assembly
did
sit
that
year
upon
the
12.
of
July
;
so
that
betwixt
the
appointment
of
the
Letter
and
the
date
of
it
could
not
be
much
after
it
,
and
the
down-sitting
of
the
Assembly
,
there
interveened
full
five
weeks
.
Now
,
allowing
eight
dayes
for
the
dispatch
thereof
unto
Presbyteries
(
to
the
most
part
to
what
Presbyteries
it
might
sooner
come
)
it
might
have
been
at
Presbyteries
twenty
or
twenty
five
dayes
before
the
Assembly
.
Now
,
it
is
well
known
,
that
few
Presbyteries
,
except
it
be
such
as
are
farthest
distant
,
chooses
their
Commissioners
so
long
before
the
Assembly
.
REVIEW
.
THat
no
more
was
done
in
the
Commission
of
the
48
,
then
writing
of
that
Letter
which
gave
the
Presbyteries
an
accompt
of
their
proceedings
&c.
is
not
asserted
by
the
Writer
;
yea
,
he
tells
plainly
enough
,
that
more
was
done
;
for
the
thing
which
he
saith
,
is
,
that
no
more
was
then
done
,
h.
e.
when
that
motion
was
made
,
and
within
two
or
three
lines
he
subjoyns
,
that
that
Letter
which
is
mentioned
in
the
objection
,
was
not
writen
by
the
Commission
,
until
most
part
,
if
not
all
the
elections
in
Presbyteries
were
past
,
and
therefore
the
Author
does
wrong
when
he
leaves
out
the
circumstance
of
time
,
which
the
writer
put
in
,
and
expounds
him
so
to
his
reader
,
as
if
he
had
said
that
there
was
no
more
done
at
any
time
,
neither
then
nor
thereafter
;
but
he
cannot
understand
what
all
that
is
said
of
this
is
,
to
that
which
was
alledged
that
the
late
Commission
had
done
nothing
,
but
that
which
the
Commission
in
the
48.
had
done
before
them
.
It
is
to
that
which
was
alledged
,
because
it
contributes
for
clearing
of
the
Commission
of
the
48.
as
to
the
matter
of
pre-limitation
,
because
they
did
reject
all
motions
tending
that
way
.
It
is
true
that
the
Act
and
Letter
of
the
51.
did
not
expresly
,
and
in
the
words
bear
that
none
who
did
oppose
the
Publick
Resolutions
should
be
chosen
Commissioners
;
but
it
did
by
good
and
clear
consequence
import
no
lesse
,
and
what
ever
the
Author
be
pleased
to
say
of
the
recommendation
that
was
sent
to
Presbyteries
in
the
48.
that
it
doth
contain
as
much
and
more
then
the
Letter
and
Act
of
the
1651.
yet
hath
he
not
proven
it
.
The
Author
tels
us
,
that
he
will
not
say
who
made
the
motion
in
the
Commission
in
the
48.
for
writing
to
Presbyteries
to
choose
none
but
such
as
were
against
the
engagement
;
And
withall
,
what
if
he
shal
say
that
the
like
motion
was
made
in
the
Commission
51.
and
opposed
and
refused
;
I
believe
as
he
will
not
say
so
,
so
he
cannot
say
who
made
the
motion
,
and
the
men
whom
haply
by
such
hints
he
would
render
suspected
,
were
not
the
makers
,
but
the
opposers
of
it
.
If
the
like
motion
was
made
and
opposed
in
the
Commission
51.
why
did
he
not
speak
it
out
?
but
conceiving
these
things
to
little
purpose
,
he
falls
upon
proving
by
the
writers
own
grounds
,
that
the
Commission
48.
did
upon
the
matter
that
that
did
,
as
really
pre-limitate
Presbyteries
,
that
they
should
choose
none
,
but
such
as
did
oppose
the
engagement
,
as
if
they
had
writen
as
much
to
them
in
formall
express
termes
.
His
proof
of
this
point
as
he
layes
it
down
,
may
be
thus
drawen
in
form
:
Whosoever
requires
Presbyteries
either
to
refer
to
the
Generall
Assembly
,
or
to
censure
presently
these
who
are
otherwise
disposed
,
they
do
by
the
writers
grounds
pre-limitate
the
Presbyteries
in
their
elections
:
But
the
Commission
of
the
Generall
Assembly
1648.
did
so
,
ergo
,
&c.
The
first
Proposition
he
makes
out
thus
:
Such
as
were
under
a
clear
censure
could
not
be
chosen
Commissioners
,
and
the
writer
himself
saith
in
answer
to
the
third
Objection
,
2.
branch
,
that
it
cannot
be
denyed
that
a
citation
in
matter
of
scandall
,
in
doctrine
or
manners
will
or
ought
to
exclude
a
man
from
being
a
Commissioner
.
I
shall
not
in
answer
to
this
yeeld
unto
him
all
that
he
alledgeth
,
though
it
all
might
be
yeelded
without
any
prejudice
to
the
Cause
;
because
on
supposall
that
there
had
been
a
limitation
in
that
which
was
done
by
the
Commission
in
the
48.
it
being
a
limitation
agreeable
to
the
Word
of
God
,
and
constitutions
of
this
Church
,
it
was
due
and
warrantable
,
which
the
other
in
the
51.
was
not
;
but
leaving
this
to
fall
in
its
own
place
.
I
return
answer
first
to
the
first
Proposition
,
by
distinguishing
of
the
times
when
such
a
thing
is
done
,
whosoever
before
or
in
the
time
of
elections
requires
this
thing
,
it
is
true
of
them
that
they
do
pre-limite
elections
;
but
who
so
requires
not
this
til
the
elections
be
first
made
;
it
is
not
true
of
these
,
and
this
was
the
case
in
the
year
48.
the
elections
being
past
in
most
places
before
it
was
done
,
and
might
be
justly
presumed
to
have
been
past
in
all
,
as
shall
afterwards
be
more
fully
cleared
;
but
it
was
not
so
in
the
51.
what
was
then
done
,
being
previous
to
the
elections
.
Next
,
I
give
clear
answer
by
denying
the
minor
,
because
the
Commission
did
not
require
such
a
thing
,
the
most
that
they
did
was
to
recommend
it
,
which
is
far
from
requiring
,
and
therefore
by
the
writers
grounds
the
Author
hath
proven
nothing
at
all
.
To
the
second
consideration
,
that
the
Letter
and
Act
of
the
Commission
48.
was
not
writen
untill
most
part
,
or
all
elections
in
Presbyteries
was
past
,
he
makes
answer
that
so
were
many
of
the
elections
of
Presbyteries
before
the
Letter
and
Act
of
the
Commission
51.
came
unto
them
:
But
that
is
not
true
,
if
we
take
the
Authors
own
ground
,
to
wit
,
that
few
Presbyteries
,
except
it
be
such
as
are
farthest
distant
chooseth
their
Commissioners
20.
or
25.
dayes
before
the
Assembly
,
and
allowing
8.
dayes
for
dispatch
to
Presbyteries
,
and
take
withall
the
date
of
the
Letter
and
Act
of
the
Commission
1651.
which
is
the
28.
day
of
May
,
and
compare
it
with
the
day
of
the
down
sitting
of
the
Assembly
,
which
was
the
16.
day
of
July
,
the
untruth
of
this
will
appear
,
because
between
the
date
of
the
Act
,
and
the
diet
of
the
Assembly
are
48.
dayes
,
of
which
deducing
8.
for
the
dispatch
,
there
do
remain
40.
dayes
till
the
Assembly
,
which
do
far
exceed
the
time
spoken
of
by
the
Author
,
for
the
other
part
of
it
,
that
most
part
of
the
elections
48.
were
past
before
the
Letter
and
Act
of
the
Commission
came
unto
them
;
I
do
appeal
to
the
Presbytery
Books
.
There
is
little
or
no
weight
in
the
presumptions
that
the
Author
gives
to
the
contrary
.
1.
He
takes
upon
him
to
prove
,
that
some
Presbyteries
did
upon
that
Letter
and
Act
refer
and
cite
some
of
their
members
to
the
Generall
Assembly
,
some
Presbytery
dayes
before
they
began
to
think
upon
the
election
of
Commissioners
but
he
hath
named
none
,
and
comprises
them
under
the
word
some
,
haply
lest
it
should
be
known
how
few
there
were
,
probably
but
one
,
that
is
,
St.
Andrews
,
in
the
matter
of
one
of
their
university
men
,
who
was
also
a
Minister
.
Next
he
makes
a
supputation
but
of
8.
dayes
for
the
dispatch
of
the
Letter
to
Presbyteries
,
and
that
to
the
most
part
of
Presbyteries
,
it
might
have
soon
come
,
and
but
of
20.
or
25.
dayes
interveening
betwixt
the
diet
of
the
Assembly
and
the
elections
in
most
parts
of
Presbyteries
;
If
the
custome
of
dispatch
had
been
by
pasts
hired
,
and
dispatched
to
severall
parts
immediatly
,
after
the
writing
of
the
Letter
,
and
making
of
the
Act
,
it
might
have
come
to
the
most
part
of
Presbyteries
in
8.
dayes
,
but
so
it
was
not
,
neither
in
the
48.
nor
51.
but
by
occasionall
bearers
,
and
therefore
would
take
more
time
,
and
I
think
it
is
said
gratis
,
that
few
Presbyteries
do
make
their
elections
20.
or
25.
dayes
before
the
Assembly
;
but
there
is
no
sure
way
of
determining
these
differences
about
circumstances
of
time
,
when
neither
the
one
nor
the
other
Letter
came
to
Presbyteries
,
but
from
the
Presbytery
books
,
and
therefore
to
these
I
do
appeal
to
stand
or
fal
in
this
matter
,
at
their
sentence
,
only
remembering
this
,
that
it
is
clear
that
the
date
of
the
Letter
and
Act
of
the
Commission
48.
is
but
five
weeks
before
the
Assembly
,
whereas
the
date
of
the
other
is
7.
weeks
before
the
Assembly
.
VINDICATION
.
THe
third
Consideration
presented
by
the
writer
of
this
Paper
,
is
,
that
before
the
writing
of
that
Letter
(
by
the
Commission
48.
)
the
whole
Kirk
of
Scotland
almost
in
all
the
Presbyteries
and
Synods
thereof
had
declared
themselvs
in
conscience
unsatisfied
with
the
engagement
,
excepting
a
very
few
Ministers
scattered
here
and
there
in
Presbyteries
,
which
few
were
also
known
to
be
opposites
to
the
work
of
God
,
or
neutralls
and
indifferent
therein
from
the
beginning
.
Answer
1.
If
by
the
Kirk
of
Scotland
be
here
understood
,
the
collective
Kirk
,
I
cannot
see
how
it
is
true
that
is
said
here
,
that
the
whole
Kirk
of
Scotland
for
the
most
part
,
except
a
few
Ministers
had
declared
themselves
unsatisfied
with
the
engagement
;
certain
it
is
,
and
too
certain
,
that
very
many
in
the
Kirk
of
Scotland
in
this
sense
of
all
ranks
,
in
all
quarters
almost
,
were
too
evidently
too
active
for
it
,
as
the
censure
civill
and
Ecclesiasticall
which
thereupon
followed
do
witnesse
;
if
the
Ministeriall
Kirk
be
understood
,
it
is
true
that
the
far
greater
part
were
dis-satisfied
,
but
yet
they
were
not
so
few
Ministers
that
were
of
a
contrary
minde
,
they
were
too
many
,
and
in
some
places
the
greater
part
of
whole
Presbyteries
.
It
may
well
be
remembred
what
a
summe
they
were
like
to
have
accompted
to
,
at
the
time
of
the
Generall
Assembly
,
and
it
seems
to
me
too
much
,
that
all
of
them
were
either
opposers
of
the
work
(
whether
hereby
be
understood
the
outward
work
of
Reformation
,
or
the
power
of
Religion
)
or
neutrals
,
or
indifferent
from
the
beginning
,
the
contrary
is
known
of
some
of
them
;
and
I
would
not
say
so
much
of
all
them
that
were
censured
,
though
I
acknowledge
their
censure
was
just
.
2.
A
great
part
of
the
Kirk
of
Scotland
,
before
the
writing
of
the
late
Commissions
Letter
,
had
declared
themselves
satisfied
with
the
Commissions
Resolutions
,
and
dissatisfied
with
the
course
of
the
opposers
thereof
;
and
count
when
the
writer
will
,
he
shall
find
that
the
dissenters
from
the
Commission
48.
were
not
fewer
;
yea
,
not
so
few
as
the
dissenters
from
the
Commission
51.
we
know
that
the
number
of
these
amounted
to
at
their
greatest
Meeting
,
at
_____
of
late
,
and
howsoever
moe
of
these
then
of
the
first
be
godly
men
,
and
had
been
more
faithfull
in
the
Cause
formerly
;
yet
their
present
course
at
that
time
being
not
faithfulnes
to
the
Cause
,
but
prejudiciall
to
it
,
and
the
whole
Kirk
and
Country
both
;
they
might
justly
have
been
referred
and
called
before
the
Gen.
Assembly
,
to
give
an
accompt
of
their
way
as
wel
as
the
former
were
,
though
they
be
more
tenderly
dealt
with
,
as
to
themselves
was
evidently
seen
in
the
whole
progress
with
them
,
and
was
also
really
apparent
in
the
very
Act
and
Letter
of
the
Commission
.
REVIEW
.
I
Think
the
Author
did
well
enough
know
,
that
in
setting
down
of
the
third
Difference
,
the
Writer
did
not
mean
of
the
Collective
,
but
of
the
Ministeriall
Church
,
of
which
not
only
the
greater
part
,
but
almost
all
had
declared
themselves
unsatisfied
in
Conscience
with
the
Engagement
,
excepting
a
few
Ministers
scattered
here
and
there
in
Presbyteries
,
who
were
known
either
to
be
opposers
of
the
Work
of
God
,
or
neutrall
and
indifferent
therein
from
the
beginning
;
it
is
true
,
they
were
too
many
in
regard
of
the
evill
course
they
were
engaged
into
;
yet
were
they
but
few
in
number
who
did
not
at
that
time
in
some
outward
way
,
at
least
,
give
some
testimony
against
that
Engagement
,
though
(
alas
)
some
of
these
in
these
late
Resolutions
,
have
now
dissembled
it
in
their
words
,
and
moe
have
betrayed
it
in
their
actions
,
that
what
they
then
did
in
condemning
the
Engagement
,
and
afterwards
approving
the
solemn
Publick
Confession
of
sins
,
and
engagement
to
duties
,
was
against
their
hearts
;
when
the
Author
hath
streatched
their
number
to
the
utmost
,
the
most
he
dare
say
of
it
,
is
the
great
part
of
whole
Presbyteries
in
some
places
;
But
these
some
places
that
he
speaks
of
were
so
few
,
that
it
will
be
found
they
will
come
to
a
very
poor
accompt
when
they
shall
be
named
,
they
were
so
far
from
being
like
to
amount
to
any
number
at
the
Generall
Assembly
.
If
he
mean
of
these
who
were
Members
of
the
Assembly
,
that
there
were
few
(
if
any
at
all
)
who
did
not
joyn
in
approving
the
Declaration
of
the
Assembly
against
the
Engagement
:
If
he
mean
of
these
who
subscribed
the
divisive
Supplication
,
these
were
so
few
,
that
they
did
not
all
of
them
being
put
together
,
amount
to
the
twentieth
part
of
the
Ministery
of
Scotland
,
and
sundry
even
of
these
,
did
before
the
Elections
,
joyn
with
their
Presbyteries
and
Synods
,
in
bearing
testimony
against
the
Engagement
;
I
will
not
blame
him
for
his
charity
to
some
of
these
men
:
The
Writer
did
not
say
,
that
all
of
them
were
known
to
be
opposers
,
or
neutrall
,
or
indifferent
in
the
Work
of
God
from
the
beginning
,
but
spoke
indefinitly
,
meaning
(
as
I
take
it
)
of
the
bulk
and
generality
of
them
;
and
I
believe
the
Author
himself
being
judge
,
but
few
instances
to
the
contrary
can
be
given
;
It
is
true
that
a
great
part
of
the
Church
of
Scotland
before
the
writing
of
the
late
Commissions
Letter
,
had
declared
themselves
satisfied
with
the
Commissions
Resolutions
,
and
dissatisfied
with
the
course
of
the
opposers
thereof
:
But
it
is
also
true
that
there
was
a
great
part
of
the
Church
of
Scotland
,
who
had
not
declared
themselves
satisfied
with
these
Resolutions
;
yea
,
a
great
part
who
had
declared
themselves
dis-satisfied
therewith
;
and
it
is
a
wonder
to
me
that
the
Author
should
say
,
that
count
when
the
Writer
will
,
he
shall
find
that
the
dissenters
from
the
Commission
1648.
were
not
fewer
;
yea
,
not
so
few
as
dissenters
from
the
Commission
1651.
I
hope
he
is
speaking
of
the
Ministeriall
Church
in
regard
of
both
,
the
question
now
being
of
pre-limiting
the
elections
,
and
it
being
to
no
purpose
to
speak
of
any
other
,
in
regard
of
these
;
let
him
name
if
he
can
,
any
Synod
,
Presbytery
,
or
Kirk-Session
in
Scotland
that
did
give
any
testimony
or
evidence
of
their
dissent
from
the
proceedings
of
the
Commission
against
the
engagement
1648.
If
he
will
believe
the
testimony
of
the
Generall
Assembly
1650.
the
whole
Ministery
and
body
of
the
People
in
the
Land
did
joyn
in
their
Prayers
and
Supplications
in
private
and
in
Publick
against
the
engagement
,
and
the
Ministers
every
where
in
their
Sermons
did
bear
clear
testimony
against
it
,
and
all
the
Church
Judicatories
,
Synods
,
Presbyteries
and
Sessions
did
petition
the
Parliament
against
it
,
and
another
declaration
of
the
same
Assembly
,
within
a
few
dayes
thereafter
,
in
answer
to
a
passage
of
the
Declaration
of
the
English
Army
,
tels
him
somewhat
to
the
same
purpose
;
we
do
not
remember
,
say
they
,
that
any
of
the
Ministers
did
preach
and
cry
up
a
war
against
England
,
and
as
we
know
that
the
body
of
the
Ministery
were
unanimous
,
and
zealous
in
bearing
a
joynt
testimony
,
both
in
their
Sermons
and
otherwise
,
against
that
war
,
so
these
few
that
were
silent
have
been
censured
for
their
silence
;
and
the
Committee
of
Estates
at
the
same
time
in
their
Declaration
testifie
thus
:
Did
not
all
the
Judicatories
of
the
Kirk
unanimously
oppose
and
declare
against
it
?
Did
not
the
Ministers
faithfully
Preach
and
Pray
against
it
,
and
generally
all
that
feared
God
in
the
Land
Petition
against
it
,
and
many
such
Passages
are
to
be
found
in
our
Publick
Papers
,
from
the
time
of
carrying
on
the
engagement
;
yet
the
Author
is
so
zealous
to
weaken
every
thing
,
that
the
writer
saith
,
for
differencing
that
which
was
done
by
the
Commission
1648.
and
the
Commission
1651.
that
he
had
rather
retrench
upon
that
which
hath
been
often
and
truly
declared
by
this
Church
of
their
being
free
of
any
accession
to
the
unlawfull
engagement
then
not
to
do
it
;
this
deserves
his
second
thoughts
;
but
upon
the
other
hand
,
beside
the
generality
of
these
in
the
land
who
are
of
known
approven
godlinesse
and
piety
,
and
are
dis-satisfied
with
the
Publick
Resolutions
,
as
will
,
I
trust
,
be
acknowledged
by
godly
men
of
a
contrary
mind
,
speaking
soberly
,
and
without
the
heat
of
dispute
:
It
is
easie
to
give
him
some
instances
of
some
Synods
,
and
of
many
Prerbyteries
,
besides
many
particular
members
in
Presbyteries
throughout
all
the
corners
of
the
Counrry
,
who
were
not
onely
silent
in
speaking
for
the
Publick
Resolutions
,
but
who
did
bear
testimony
and
speak
openly
against
them
:
A
thing
so
wel
known
that
I
need
not
stay
to
name
the
particulars
,
but
they
must
stil
be
few
in
his
catologue
;
we
know
saith
he
what
the
number
of
these
amounted
to
at
their
greatest
Meeting
at
Edinburgh
of
late
;
If
he
mean
that
all
the
Ministers
of
the
Land
who
are
of
that
judgement
were
at
that
Meeting
,
he
is
much
mistaken
,
and
if
not
so
,
it
is
not
much
to
the
purpose
,
there
are
many
Ministers
in
the
Land
of
that
judgement
,
who
were
not
at
that
Meeting
,
and
yet
there
were
very
near
a
hundred
Ministers
at
that
Meeting
who
are
approven
in
the
Consciences
of
the
godly
throughout
the
Land
.
He
acknowledges
that
many
more
of
these
then
of
the
first
were
godly
men
,
and
had
been
faithfull
formerly
,
but
their
present
course
at
that
time
being
not
faithfulnes
to
the
Cause
,
but
prejudicial
to
it
,
and
the
whole
Kirk
and
Countrey
as
he
thinks
,
they
might
justly
be
referred
and
called
before
the
Assembly
as
wel
as
the
other
.
It
is
well
that
they
were
godly
,
and
such
as
had
been
formerly
faithfull
;
as
for
their
unfaithfulnesse
at
that
time
,
it
is
the
point
in
question
betwixt
them
and
the
Authors
and
abbettots
of
the
Publick
Resolutions
,
they
are
perswaded
in
their
Consciences
and
have
clearly
holden
forth
the
same
unto
others
,
that
they
were
keeping
the
ground
on
which
the
Church
of
Scotland
did
run
these
many
years
past
,
for
defending
the
Country
and
Cause
against
the
enemies
thereof
;
and
if
others
did
forsake
their
ground
,
they
were
not
to
be
esteemed
unfaithfull
,
nor
to
be
charged
with
that
crime
,
because
they
would
not
leave
their
Masters
Colours
;
I
shal
not
insist
upon
what
he
speaks
of
the
tender
dealing
which
they
met
with
,
because
there
may
be
opportunity
to
speak
to
this
afterwards
,
what
is
apparent
in
the
Letter
and
Act
of
the
Commission
is
already
spoken
unto
.
VINDICATION
.
THe
fourth
consideration
proponed
by
the
Writer
,
is
,
that
the
Resolutions
then
(
viz.
48
)
were
agreeable
to
the
Covenant
,
Acts
and
Constitution
of
former
Generall
Assemblies
,
whereas
the
Resolutions
of
the
late
Commission
were
point
blank
contrary
to
the
Covenant
,
and
the
former
Acts
and
Constitutions
of
this
Kirk
.
Answer
,
this
is
the
onely
materiall
difference
between
the
two
Acts
taken
,
to
wit
,
from
the
matter
that
the
Commissions
Resolutions
48.
were
right
,
but
the
other
51.
wrong
,
and
upon
this
alleadgance
,
that
the
Resolutions
of
the
late
Commission
were
contrary
to
the
Covenant
and
Constitutions
of
this
Kirk
hangeth
the
strength
of
the
most
part
of
the
rest
of
the
arguments
,
brought
to
prove
the
unlawfulnesse
of
the
late
Assembly
;
I
will
not
challenge
the
Writer
that
alleadging
the
errour
if
these
Resolutions
,
he
so
often
mentions
,
onely
the
Covenant
,
and
Acts
and
Constitutions
of
Assemblies
,
and
seldome
the
Word
of
God
or
Scripture
:
For
my
part
in
speaking
of
the
truth
or
errour
of
an
opinion
,
in
mattrrs
of
Conscience
,
or
of
the
sinfulness
or
lawfulness
of
a
course
,
I
would
not
mention
,
regulas
regulatas
sine
regula
regulante
,
the
subordinate
rules
without
the
Supream
and
Soveraign
rules
.
But
to
the
point
1.
That
the
Resolutions
of
the
late
Commission
were
such
as
the
writer
saith
,
is
as
easily
denied
as
he
affirmeth
it
,
the
greatest
part
of
the
Land
Ministers
,
and
others
als
intelligent
in
Religion
as
he
,
did
,
and
do
this
day
judge
otherwise
of
them
then
he
,
and
he
shall
never
be
able
to
prove
what
he
affirmes
,
and
the
late
Commissioners
were
,
and
yet
are
content
that
their
late
Resolutions
be
examined
,
tryed
and
judged
by
the
Kirk
of
Scotland
,
or
all
the
Orthodox
Christian
Churches
of
the
world
,
by
the
Word
of
God
,
Covenant
,
and
Constitutions
of
this
Kirk
.
REVIEW
.
I
Shall
not
contend
whether
the
difference
taken
from
the
matter
,
be
the
onely
materiall
difference
,
it
is
certainly
the
mainly
materiall
difference
,
though
the
other
differences
of
the
time
,
and
of
Presbyteries
&
Synods
,
having
declared
themselvs
,
and
that
taken
from
the
nature
of
the
thing
be
also
important
.
It
is
true
,
that
much
of
the
strength
of
severall
other
of
the
Arguments
hangs
on
this
Alleadgeance
,
that
the
Resolutions
of
the
late
Commission
,
were
contrary
to
the
Covenant
and
Resolutions
of
this
Church
,
and
(
I
hope
)
that
this
Aleadgeance
will
bear
the
strength
of
all
the
Arguments
that
are
founded
thereupon
.
These
worthy
Assemblies
1638
,
&
1639
,
joyned
the
matter
with
the
form
in
the
reasons
brought
for
nullifying
of
former
unlawfull
Assemblies
.
Before
the
Author
gives
answer
to
the
difference
,
he
taxeth
the
Writer
,
that
alleadging
the
error
of
these
Resolutions
,
he
so
often
mentions
onely
the
Covenant
,
Acts
and
Constitutions
of
the
Assemblies
,
but
seldome
the
Word
of
God
or
Scripture
,
and
tells
us
for
his
part
in
speaking
of
the
truth
or
error
of
an
opinion
in
matters
of
Conscience
,
he
would
not
mention
regulatas
sine
regula
regulante
.
Well
,
it
seems
some
of
the
Protesters
(
if
the
Writer
of
this
Paper
be
of
that
number
)
hath
respect
enough
to
the
Acts
and
Constitutions
of
the
Assembly
;
for
the
want
of
which
,
the
Author
challenged
one
of
them
not
long
ago
,
as
saying
,
that
he
was
not
to
be
pressed
with
them
in
matters
of
Conscience
;
and
it
also
seems
that
in
matters
of
Conscience
,
the
Author
likes
not
the
maintaining
,
much
lesse
the
pressing
of
these
without
the
Word
of
God
;
and
some
will
perhaps
think
▪
that
a
man
of
that
mind
might
bear
with
his
brother
,
saying
,
Presse
me
not
with
humane
Constitutions
in
matters
of
Conscience
;
sed
multum
interest
quid
loquatur
.
The
reason
why
the
Writer
doth
often
mention
only
the
Covenant
,
Acts
and
Constitutions
of
Assemblies
,
is
,
because
when
we
speak
of
a
defection
in
resolutions
and
actings
from
former
Principles
,
it
is
the
more
near
and
convincing
way
to
mention
the
former
Acts
and
Constitutions
of
that
Church
,
which
immediatly
must
decide
whether
a
delegated
Commission
,
which
is
only
intrusted
to
execute
former
Acts
,
and
hath
no
power
to
make
new
ones
,
hath
walked
according
to
their
trust
,
yea
,
or
not
:
and
a
second
Reason
is
,
because
the
Writer
took
it
for
uncontroverted
,
as
being
acknowledged
by
all
the
Kirk
of
Scotland
,
that
the
Covenant
and
Acts
and
Constitutions
of
this
Church
,
did
presuppose
and
include
the
first
and
supreme
rule
,
the
Word
of
God
;
And
the
Author
cannot
but
know
,
that
though
the
Writer
had
not
mentioned
the
Word
of
God
further
then
it
is
included
in
the
Covenant
,
and
Acts
and
Constitutions
of
the
Church
,
he
hath
great
Patrons
for
his
so
doing
,
to
wit
,
the
Assembly
at
Glasgow
1638.
which
in
their
great
Acts
against
Episcopacy
,
Five
Articles
of
Pearth
,
Service
Book
,
&c.
do
state
,
vote
and
print
the
Questions
anent
them
,
meerly
upon
their
contrariety
to
the
Nationall
Covenant
,
and
Acts
and
Constitutions
of
this
Church
,
without
mentioning
Regulam
Regulantem
,
that
being
presupposed
by
all
as
being
included
in
Regula
regulata
.
But
to
the
point
.
First
,
the
Author
deny●s
,
that
the
Resolutions
of
the
late
Commission
,
were
contrary
to
the
Covenant
and
Constitutions
of
this
Kirk
,
and
sayes
,
that
the
greatest
part
of
the
Land
,
Ministers
and
others
,
as
intelligent
in
Religion
as
the
Writer
is
,
did
,
and
doth
this
day
judge
otherwise
of
them
then
he
,
and
that
he
shall
never
be
able
to
prove
it
.
There
hath
been
more
said
for
the
proof
of
it
,
then
for
ought
I
know
hath
been
answered
to
this
day
,
or
can
be
answered
,
if
men
deal
fairly
and
ingenuously
;
and
therefore
I
shall
not
here
stay
,
to
repeat
and
resume
these
things
,
I
shall
onely
ask
the
Author
a
very
few
plain
Questions
,
and
desire
a
down-tight
and
plain
Answer
to
them
in
order
to
this
point
:
First
,
whether
in
the
judgment
of
many
of
these
who
were
by
the
Publick
Resolutions
of
the
Commission
,
1651.
admitted
to
trust
in
the
Army
and
State
,
the
Solemn
League
and
Covenant
,
and
former
Acts
and
Constitutions
of
this
Church
,
were
not
opposite
to
these
Resolutions
.
Secondly
,
whether
in
the
judgment
of
many
of
the
godly
in
the
Land
,
these
Resolutions
and
proceedings
were
not
opposite
to
the
Solemn
League
and
Covenant
,
and
the
former
Acts
and
Constitutions
of
this
Church
,
and
could
not
be
reconciled
therewith
?
Thirdly
,
whether
it
was
not
thought
and
spoken
by
no
mean
men
,
Members
of
the
Commission
1651
,
and
others
who
carried
on
the
Publick
Resolutions
,
that
these
who
had
hand
in
the
penning
of
the
Publick
Papers
of
the
Kirk
these
years
past
,
had
in
reference
to
the
matter
then
in
debate
foisted
in
many
sentences
and
expressions
in
these
Papers
contrary
to
the
true
intent
and
meaning
of
the
Judicatories
of
the
Church
,
which
they
then
made
use
of
for
their
own
ends
.
4.
whether
the
sin
of
imploying
many
Malignant
&
dis-affected
men
in
our
Armies
,
which
is
confest
in
the
solemn
Publick
Confession
of
sins
,
be
not
comprehensive
of
imploying
of
such
in
our
defensive
war
against
James
Grahame
.
Fifthly
,
whether
the
Solemn
Engagement
in
the
48
,
do
not
bind
us
to
avoid
all
the
sins
that
we
acknowledged
in
the
Solemn
Confession
,
and
all
the
snares
and
temptations
that
led
thereunto
,
and
to
endeavour
all
the
contrary
duties
?
Sixthly
,
whether
the
Generall
Assembly
and
their
Commission
,
after
the
coming
of
the
English
Army
to
invade
this
Land
,
did
not
positively
,
and
oftener
then
once
,
determine
and
warn
against
the
imploying
and
intrusting
Malignant
and
dis-affected
men
in
our
Armies
,
even
in
the
case
of
scarcity
of
men
for
the
Lands
defence
?
Seventhly
,
whether
at
the
time
of
the
Commission
its
giving
their
answer
to
the
Parliaments
Quere
,
there
was
not
a
very
numerous
Party
of
Malignant
and
dis-affected
men
in
the
Land
,
who
did
adhere
to
their
former
principles
?
Eighthly
,
whether
the
Answer
to
the
Quere
,
or
any
thing
contained
in
the
Publick
Resolutions
do
acknowledge
it
,
or
hold
it
forth
as
sinfull
and
unlawfull
to
imploy
and
intrust
Malignant
and
dis-affected
men
in
the
defence
of
the
Cause
and
Kingdome
?
Or
whether
that
Answer
and
these
Resolutions
,
do
acknowledge
and
hold
it
forth
to
be
lawfull
to
imploy
and
intrust
such
?
Ninthly
,
whether
there
be
any
Act
,
or
Constitution
,
or
Warning
,
or
Declaration
of
this
Church
,
or
any
Publick
Evidence
of
her
judgment
before
the
Answer
to
the
Quere
,
that
speaks
for
the
warranting
and
allowing
the
Publick
Resolutions
?
or
what
it
is
,
or
where
we
may
finde
it
?
Tenthly
,
that
the
Commissioners
are
yet
content
to
have
their
late
Resolutions
tryed
and
judged
by
the
Church
of
Scotland
,
is
no
great
matter
,
when
they
have
first
pre-limited
an
Assembly
,
excluding
many
of
these
who
were
of
a
contrary
mind
,
and
constituting
it
mostly
of
these
who
are
of
their
own
judgment
,
and
have
made
Acts
for
censuring
of
all
who
shall
not
acknowledge
the
Constitution
of
that
Assembly
,
and
after
conference
,
submit
to
the
obedience
of
these
Acts
;
but
if
the
Author
would
take
the
collective
Church
of
Scotland
to
sit
as
Judges
upon
the
late
Resolutions
of
the
Commission
;
and
state
the
question
thus
,
whether
are
the
late
Resolutions
of
the
Commission
,
agreeable
to
the
Solemn
League
and
Covenant
,
and
to
former
Acts
,
Constitutions
,
Warnings
and
Declarations
of
this
Church
,
I
fear
the
determination
should
be
in
the
negative
;
ye●
,
if
the
whole
Ministeriall
Church
should
speak
their
hearts
of
that
Question
as
before
the
Lord
,
I
still
fear
it
should
be
in
the
negative
,
all
the
Orthodox
Churches
in
the
World
is
a
broad
word
,
and
I
say
no
more
of
it
,
but
that
men
well
skilled
in
their
doctrine
,
and
to
whom
(
I
believe
)
the
Author
himself
in
this
respect
,
and
for
piety
and
learning
will
not
deny
an
honourable
testimony
,
do
teach
us
otherwayes
.
The
matter
is
already
pleaded
by
the
Word
of
God
,
and
Acts
and
Constitutions
of
this
Church
,
and
I
shall
now
speak
no
more
thereof
.
VINDICATION
.
BVt
secondly
,
whatever
be
to
be
said
to
the
nature
of
these
Resolutions
,
yet
the
matter
was
at
least
alike
to
the
General
Assembly
at
the
time
of
the
constitution
of
the
Assembly
,
and
the
Protestation
against
the
same
;
for
the
resolutions
and
proceedings
of
the
Commission
48.
were
no
lesse
quarrelled
by
an
opposit
Party
,
then
were
the
resolutions
of
the
Commission
51.
the
Party
quarrelling
48
,
being
no
lesse
then
the
Parliament
,
and
in
this
onely
few
Ministers
,
and
the
reasons
of
the
former
were
a
great
deal
stronger
and
harder
to
be
loosed
;
the
Generall
Assembly
was
here
Judge
to
both
,
as
in
the
first
quarrell
,
the
Commission
would
not
be
absolved
from
the
accusation
charged
upon
them
untill
all
was
heard
and
tryed
,
so
the
Commission
51
,
could
not
be
condemned
for
the
exceptions
and
alleadgeances
of
a
few
Brethren
,
before
that
any
of
them
were
or
could
be
cognosced
upon
.
By
all
this
which
hath
been
spoken
,
that
what
the
Writer
saith
,
shutting
up
the
same
,
that
these
things
being
put
together
,
make
up
a
wide
difference
between
that
which
was
then
done
48
,
and
that
51
was
but
a
groundlesse
assertion
;
we
have
evidently
showen
that
there
is
no
difference
betwixt
the
one
deed
and
the
other
(
so
that
if
the
one
was
guilty
of
pre-limitation
of
election
of
Commissioners
,
so
was
the
other
no
less
)
except
that
the
deed
of
the
Commission
51
,
was
a
great
deal
more
sparing
and
moderate
.
So
we
have
vindicated
that
particular
answer
to
the
first
reason
against
the
freedome
and
lawfulness
of
the
late
Assembly
,
alleadging
pre-limitation
of
the
election
of
Commissioners
,
viz.
that
the
Commission
did
nothing
therein
but
what
was
done
by
the
Commission
48
,
whose
deed
the
Protesters
maintains
with
us
.
REVIEW
.
IT
is
easie
to
give
sundry
materiall
differences
:
1.
These
Resolutions
at
the
time
of
the
Constitution
of
the
Assembly
,
and
the
giving
in
of
the
Protestation
;
besides
that
,
they
were
against
the
clear
Letter
of
Acts
of
former
Assemblies
.
So
were
sundry
standing
up
in
the
Assembly
,
and
offering
instantly
to
verifie
that
it
was
so
;
but
in
the
48
,
the
proceedings
were
agreeable
to
the
Acts
of
the
Assembly
;
and
albeit
there
were
some
who
desired
that
these
proceedings
might
not
be
approven
till
they
were
heard
;
yet
none
did
offer
instantly
,
or
at
all
to
verifie
,
thathey
had
carryed
on
a
course
of
defection
,
contrary
to
the
Covenant
,
and
Acts
and
Constitutions
of
the
Church
.
Secondly
,
in
the
48
,
the
proceedings
of
the
Commission
were
not
testified
against
,
by
Presbyteries
and
Synods
,
much
lesse
dissented
from
,
and
protested
against
by
many
in
the
Commission
it self
:
but
so
it
was
in
the
51
,
not
onely
did
Presbyteries
and
Synods
bear
testimony
against
these
things
,
but
a
great
part
of
the
Commission
;
yea
,
so
great
a
part
,
that
whoso
shall
reckon
,
I
believe
,
shall
find
them
very
near
,
if
not
equall
the
one
half
of
the
number
,
to
whom
the
trust
of
these
things
were
committed
by
the
Generall
Assembly
.
Thirdly
,
in
the
48
,
there
was
no
exception
at
all
proponed
from
the
unfreedome
of
Elections
,
or
from
persons
under
scandall
,
because
of
defection
and
back-sliding
from
former
principles
;
but
so
it
was
in
the
51.
These
things
evidence
a
very
great
difference
between
the
one
and
the
other
at
the
time
of
the
Constitution
of
the
Assembly
,
&
the
Protestation
against
the
same
,
and
to
take
off
any
thing
that
the
Author
saith
,
for
proving
them
to
be
alike
,
I
do
desire
it
further
to
be
considered
,
That
as
in
the
48
,
it
was
not
the
Parliament
who
was
the
party
quarrelling
the
Commission
before
the
Assembly
,
the
Parliament
being
risen
a
good
while
before
the
Assembly
sate
down
:
So
,
in
all
this
busines
of
the
quarrelling
that
was
made
against
the
Commission
in
the
Assembly
48
,
is
much
mis-taken
and
mis-represened
by
the
Author
all
alongs
his
Vindication
,
as
shall
in
its
proper
place
be
cleared
.
Secondly
,
that
it
was
not
desired
(
as
the
Author
doth
insinuate
)
that
the
Commission
51
,
should
be
condemned
for
the
exceptions
and
alleadgeances
of
a
few
brethren
before
that
any
of
these
Resolutions
were
or
could
be
cognosced
upon
,
but
onely
that
they
should
not
be
admitted
to
sit
as
Members
of
the
Assembly
,
untill
the
exceptions
proponed
against
them
were
tryed
and
discussed
.
Thirdly
,
that
in
the
48
,
as
the
party
quarrelling
did
not
either
at
the
time
of
the
Constitution
of
the
Assembly
,
or
afterwards
before
the
trying
and
approving
of
the
Proceedings
of
the
Commision
,
offer
any
reasons
to
the
Assembly
against
these
Proceedings
;
so
the
reasons
which
they
did
afterwards
offer
,
were
not
very
strong
nor
hard
to
be
loosed
,
much
lesse
stronger
and
harder
to
be
loosed
,
then
the
reasons
offered
in
the
51
,
by
these
Ministers
,
the
last
being
founded
upon
the
Word
of
God
and
the
Covenant
,
and
the
clear
Acts
and
Constitutions
of
this
Church
,
and
the
other
not
so
;
These
things
being
thus
discussed
,
it
still
appears
that
the
Writer
had
good
reason
to
say
,
that
there
is
a
wide
difference
betwixt
that
which
was
done
by
the
Commission
1648
,
and
that
which
was
done
by
the
Commission
1651.
as
to
the
pre-limiting
of
the
Assembly
,
and
that
the
Protesters
have
reason
to
condemne
the
last
,
though
they
maintain
the
first
.
VINDICATION
.
WE
shall
adde
some
further
considerations
in
answer
to
the
first
Reason
;
But
ere
we
proceed
,
a
word
upon
what
the
Writer
of
the
2.
Paper
hath
upon
the
2.
Objection
,
which
either
he
hath
formed
to
himself
,
or
found
I
know
not
where
,
viz.
That
it
was
in
the
Commissions
power
,
not
onely
to
appoint
these
who
opposed
the
Publick
Resolutions
to
be
cited
to
the
Generall
Assembly
,
but
also
to
have
censured
them
by
vertue
of
a
clause
contained
in
the
Commission
;
and
that
therefore
having
keeped
themselves
far
within
the
bounds
of
the
Commission
,
&c.
The
Writer
of
this
Paper
for
clearing
of
this
business
,
runs
out
in
a
discourse
concerning
the
nature
of
delegated
Judicatories
,
that
they
are
and
must
be
from
the
light
of
nature
and
common
reason
,
limited
to
a
certain
rule
in
all
their
administrations
,
to
wit
,
to
standing
Lawes
of
the
Incorporations
to
which
they
do
belong
,
and
to
a
certain
end
,
viz.
the
good
and
preservation
of
the
whole
body
,
and
in
application
unto
,
or
accusation
against
the
late
Commissioners
of
the
Generall
Assembly
their
Resolutions
:
He
affirms
,
they
were
not
onely
without
the
warrant
of
an
Act
of
the
Assembly
(
which
should
have
been
their
rule
)
and
not
only
not
contributive
for
the
preserving
and
advancing
of
the
Work
of
Reformation
,
but
expresly
contrary
to
the
clear
letter
of
the
Covenant
,
and
multitudes
of
Acts
,
and
destructive
to
the
Work
;
and
that
therefore
assuming
to
themselves
a
power
to
censure
or
cite
such
as
did
oppose
them
;
they
did
not
onely
go
beyond
the
bounds
of
their
Commission
,
but
destroyed
the
very
end
of
it
,
viz.
the
preservation
of
the
Liberties
of
the
Kirk
,
in
bringing
Generall
Assemblies
to
bondage
,
by
excluding
all
such
as
would
not
consent
to
the
course
of
defection
,
a
dangerous
and
damnable
preparative
,
laying
a
foundation
for
the
totall
over-throw
of
Discipline
,
yea
of
Doctrine
and
Worship
;
yea
,
the
Commission
being
once
corrupted
,
the
introducing
of
Prelacie
,
Service-Book
,
Popes
supremacy
,
the
whole
body
of
Poperie
.
Here
certainly
,
the
Writer
hath
filled
his
Pen
nigrae
succo
fuliginis
,
to
render
the
Commissioners
odious
and
detestable
to
all
.
But
to
these
briefly
:
First
,
if
it
was
another
man
that
proponed
the
Objection
then
the
Writer
himself
.
I
verily
think
,
he
did
not
mean
that
the
Commissioners
had
power
by
their
Commission
to
cite
and
censure
opposers
of
any
Resolutions
made
by
themselves
,
right
or
wrong
(
neither
doth
the
Objection
as
set
down
by
the
Writer
himself
import
any
such
thing
)
but
opposers
only
of
their
just
and
right
resolutions
,
such
as
(
I
doubt
not
)
he
took
the
late
resolutions
to
be
,
and
therefore
all
the
Writers
running
out
upon
the
nature
of
a
delegated
Judicatory
,
&c.
as
to
that
Objection
,
is
but
a
fighting
against
his
own
shadow
.
Secondly
,
we
know
and
acknowledge
,
that
delegated
Judicatories
are
limited
to
a
certain
end
,
and
a
certain
rule
;
yea
,
we
think
further
,
that
Judicatories
not
delegated
,
but
having
power
originally
in
themselves
humane
are
so
limited
too
.
But
that
the
late
Commissioners
did
in
their
Resolutions
carry
on
a
course
of
defection
,
contrary
to
the
express
letter
of
the
Covenant
and
multitude
of
Acts
of
this
Kirk
,
and
destructive
to
the
Work
of
Reformation
,
and
that
they
destroyed
the
Liberties
of
the
Kirk
,
brought
the
Generall
Assembly
to
bondage
,
is
said
,
but
was
never
,
nor
will
never
be
proven
;
and
so
but
a
foul
calumnie
and
false
accusation
of
the
Brethren
,
of
which
that
uncharitable
expression
,
calling
what
the
Commissioners
did
,
damnable
,
(
which
being
used
for
aggravation
here
,
cannot
simply
mean
onely
,
that
the
thing
done
was
worthy
to
be
condemned
,
as
every
errour
even
the
least
is
but
also
damnable
to
the
doers
)
I
pray
the
Lord
give
the
Writer
repentance
and
forgiveness
.
REVIEW
.
TO
all
this
I
return
,
That
albeit
the
maker
of
the
Obejection
concerning
the
Commissions
power
took
their
Resolutions
to
be
right
and
just
,
yet
doth
not
the
Writer
fight
with
his
own
shadow
,
because
the
objector
and
the
Commission
both
in
the
matter
of
these
Publick
Resolutions
takes
wrong
for
right
,
and
unjust
for
just
,
and
upon
this
mistake
conceives
them
to
have
power
where
they
have
none
,
which
mistake
the
Author
discovers
by
holding
forth
the
discordance
of
these
Resolutions
,
with
the
rule
according
to
which
they
were
bound
to
proceed
,
both
upon
the
matter
,
and
by
vertue
of
their
Commission
which
the
Author
is
pleased
to
call
a
foul
calumny
,
and
uncharitable
accusation
of
the
Brethren
,
that
never
was
,
nor
never
shall
be
able
to
be
proven
:
But
I
desire
him
soberly
to
remember
1.
That
neither
he
,
nor
any
of
his
judgement
to
this
day
have
so
far
befriended
their
own
cause
,
or
satisfied
these
who
stumble
and
gainsay
,
as
to
bring
forth
any
Act
of
this
Church
prior
to
these
Resolutions
for
justifying
thereof
,
though
it
often
hath
been
called
for
.
2.
That
many
Acts
of
this
Church
hath
been
brought
forth
,
speaking
plainly
against
these
Resolutions
,
to
which
all
the
answers
which
hath
been
returned
may
(
as
I
take
it
)
be
comprehended
in
one
of
these
two
,
Either
denying
that
the
Malignant
party
were
joyned
with
,
about
the
defence
of
which
denyall
the
Author
and
others
may
exercise
their
ingines
,
but
shall
never
be
able
to
satisfie
the
consciences
of
the
godly
in
it
,
and
I
fear
nor
their
own
fully
;
or
else
in
telling
us
that
it
was
a
new
case
,
which
we
never
before
had
to
do
with
,
or
occasion
to
detemine
,
to
wit
,
the
case
of
the
defence
of
Cause
and
Kingdom
against
a
forrain
invasion
;
but
it
hath
been
often
told
him
and
others
(
and
I
wish
they
would
once
consider
of
it
)
that
even
in
the
case
of
the
Cause
and
Kingdomes
defence
against
forrain
invasion
,
the
unlawfulnesse
in
joyning
with
the
Malignant
party
;
hath
been
often
determined
by
this
Church
;
yea
,
in
that
very
case
which
is
the
present
question
,
and
in
the
highest
advantage
they
can
have
in
the
stateing
of
it
,
that
is
the
case
of
scarcenesse
of
men
as
to
his
great
exception
against
the
word
damnable
;
I
cannot
think
that
the
Writer
meant
it
of
bringing
with
it
damnation
to
the
Writer
;
he
cannot
be
so
grosse
as
to
take
it
for
the
sin
against
the
holy
Ghost
;
yea
,
he
will
,
I
believe
,
allow
as
much
in
the
matter
of
Salvation
to
some
of
these
as
to
any
others
,
and
desires
to
think
charitably
of
all
men
;
I
dare
say
,
all
his
meaning
was
,
that
it
was
a
thing
worthy
to
be
condemned
but
so
(
saith
the
Author
)
is
every
errour
,
even
the
least
;
and
I
would
aske
him
,
is
not
every
errour
even
the
least
damnable
,
both
in
it self
,
and
if
mercy
prevent
not
,
also
to
the
doers
,
though
some
be
more
damnable
then
others
:
If
I
understand
any
thing
of
common
language
,
the
meaning
of
that
phrase
,
a
damnable
preparative
is
ordinarily
this
,
it
is
a
preparative
worthy
to
be
condemned
;
and
I
think
the
Writer
might
think
himself
in
no
ill
condition
,
if
he
had
no
more
to
repent
of
then
the
calling
of
that
practice
of
the
Commission
such
.
VINDICATION
.
NOw
further
in
answer
to
that
first
reason
against
the
late
Assembly
as
not
free
,
and
unlawfull
,
grounded
upon
the
Commissioners
Act
and
Letter
sent
to
Presbyteries
;
Consider
in
the
next
place
,
first
what
we
touched
at
before
,
that
the
Act
and
Letter
did
not
require
Presbyteries
to
presse
all
who
were
unsatisfied
with
the
Publick
Resolutions
,
nor
yet
who
after
Conference
remained
unsatisfied
,
and
continued
to
oppose
,
to
wit
,
in
their
Publick
Doctrine
and
active
practising
,
to
the
hindering
of
people
from
going
forth
unto
,
or
withdrawing
them
from
the
present
just
and
necessary
defence
of
the
Land
,
so
that
for
any
thing
that
could
be
imported
in
that
Act
and
Letter
;
yet
whoever
were
unsatisfied
in
their
judgements
with
the
Publick
Resolutions
,
but
did
abstain
from
opposition
and
acting
against
the
execution
of
,
might
been
chosen
Commssioners
to
the
Assembly
,
and
many
such
were
in
the
Land
,
who
wisely
and
Christianly
considering
the
integrity
of
the
Commission
in
the
end
they
had
before
them
,
conceived
the
difference
about
the
means
resolved
upon
,
not
to
be
such
for
which
they
should
any
way
hinder
the
present
necessary
defence
of
the
Land
,
and
sundry
such
Minister
were
chosen
Commissioners
,
and
did
sit
and
vote
in
the
Assembly
freely
according
to
their
judgement
.
2.
That
the
main
end
of
the
Commissioners
Act
and
Letter
sent
to
Presbyteries
was
meer
tendernesse
towards
some
men
,
who
have
given
an
evill
requittall
for
it
.
The
Commission
upon
some
prior
Papers
,
finding
some
Presbyteries
ready
enough
to
have
put
sharp
censures
upon
some
,
who
hath
been
too
busie
sticklers
against
Church
and
State
,
to
stop
them
and
take
them
off
,
sent
that
Act
and
Letter
for
referring
all
their
questions
to
the
Generall
Assembly
;
But
as
for
prelimiting
the
elections
,
not
a
word
more
or
less
in
them
.
3.
Is
not
onely
sundry
unsatisfied
with
the
Publick
Resolutions
who
were
not
within
the
compasse
of
that
Order
for
citation
contained
in
the
Letter
,
but
also
some
were
constant
continuing
opposers
,
who
were
chosen
Commissioners
to
the
Assembly
.
4.
There
was
not
so
much
as
one
mans
Commission
excepted
against
,
let
be
rejected
in
the
Assembly
for
being
unsatisfied
with
the
Publick
Resolutions
;
yea
,
on
the
contrary
,
sundry
most
eminent
opposers
were
not
onely
admitted
to
be
members
without
any
quarrell
,
but
sate
Moderators
and
Clerks
of
Committees
,
so
long
as
they
were
pleased
to
stay
.
REVIEW
.
TO
these
things
I
do
joyn
first
,
That
the
Author
for
straining
of
the
Commissions
Act
,
to
make
it
comprehensive
of
as
few
he
can
,
confines
opposing
to
Publick
Preaching
,
and
active
practising
,
to
the
hindering
of
people
from
going
forth
unto
,
or
withdrawing
them
from
the
present
just
and
necessary
defence
of
the
Land
;
but
are
there
no
more
kindes
of
opposing
but
these
two
?
What
if
a
man
after
Conference
had
continued
to
pray
against
the
Publick
Resolutions
,
as
a
course
of
defection
,
or
in
private
discourse
holden
forth
the
sinfulnesse
of
them
,
or
writen
to
the
Presbytery
or
Commission
that
he
was
no
more
satisfied
then
at
the
beginning
,
and
before
the
Conference
;
would
not
the
Act
have
reached
these
,
and
such
as
these
,
though
they
had
not
been
Publick
Preachers
,
or
active
practisers
against
the
Publick
Resolutions
;
we
see
not
why
the
Author
should
draw
it
so
narrow
,
〈◊〉
distinguend
〈◊〉
est
,
●●ilex
non
distinguit
:
the
Act
speaks
indefinitely
of
all
who
after
Conference
remain
unsatisfied
,
and
continue
to
oppose
,
how
then
can
he
restrict
it
to
two
sorts
of
opposers
onely
,
when
there
may
be
,
and
I
know
are
severall
other
sorts
.
2.
Taking
the
Act
as
he
expounds
it
,
it
doth
at
least
as
to
these
include
a
pre-limitation
,
by
excluding
them
in
the
elections
,
and
these
might
have
been
many
,
because
there
were
very
few
who
did
once
professe
dissatisfaction
with
the
Publick
Resolutions
,
that
by
Conferences
,
or
other
means
then
used
by
Presbyteries
,
and
Synods
,
came
to
be
satisfied
;
yea
,
there
were
not
a
few
;
who
before
the
elections
were
conferred
with
,
and
yet
did
still
continue
to
oppose
.
3.
I
desire
that
it
may
be
marked
,
That
the
Author
grants
that
there
were
many
in
the
Land
who
were
unsatisfied
in
their
judgements
with
the
Publick
Resolutions
,
beside
these
who
did
oppose
and
Act
against
the
execution
of
them
;
by
which
many
,
he
must
mean
many
members
of
Presbyteries
,
and
such
as
were
in
a
capacity
to
be
elected
Commissioners
to
the
Generall
Assembly
,
otherwise
it
were
not
to
the
purpose
;
it
is
after
wards
cleared
by
himself
,
when
he
saith
sundry
such
Ministers
were
chosen
Commissioners
,
and
sate
and
voted
in
the
Assembly
;
and
if
there
were
many
unsatisfied
with
the
Publick
Resolutions
,
who
did
abstain
from
opposing
(
as
he
himself
afterteth
)
and
many
who
did
oppose
,
by
testifying
Publickly
against
them
,
as
(
we
have
proven
)
it
seems
that
the
number
who
did
approve
of
them
were
not
so
great
,
and
that
Presbyteries
and
Synods
were
not
so
harmonious
about
them
as
is
often
given
out
.
4.
That
there
is
not
so
much
as
probability
,
let
be
good
evidence
for
that
which
the
Author
asserts
,
that
the
main
end
of
the
Commissions
Act
and
Letter
sent
to
Presbyteries
,
was
meer
tendernesse
to
keep
Presbyteries
from
censuring
of
some
who
had
been
too
busie
sticklers
against
Church
and
State
:
I
give
these
probable
evidences
to
the
contrary
:
1.
These
too
busie
sticklers
against
Church
and
State
,
by
the
Authors
accompt
,
were
very
few
,
and
in
very
few
Presbyteries
,
but
that
Letter
and
Act
was
sent
to
all
the
Presbyteries
in
the
Land
,
if
it
be
true
which
the
Author
said
before
,
that
at
that
time
there
were
four
parts
of
five
of
Presbyteries
that
had
no
opposite
to
the
Publick
resolutions
,
there
was
no
hazard
of
untender
dealing
there
against
too
busie
sticklers
,
nor
could
that
be
the
scope
and
end
that
the
Commission
did
propone
to
themselvs
,
in
sending
their
Letter
and
Act
to
these
.
2.
Albeit
I
know
that
there
were
some
in
the
Commission
who
did
tenderly
affect
the
opposers
of
Publick
Resolutions
,
and
did
study
to
keep
stroaks
off
them
,
yet
to
make
it
appear
that
the
plurality
in
their
actings
towards
these
who
were
unsatisfied
with
,
and
did
oppose
the
Publick
Resolutions
were
not
led
with
any
such
tender
spirit
,
as
the
Author
here
and
elsewhere
hints
;
I
shal
set
down
some
Acts
and
orders
of
the
Commission
which
are
hinted
at
by
the
Author
himself
,
under
the
name
of
some
prior
Papers
:
1.
In
a
Letter
written
from
Perth
,
Jan.
16.
1651.
They
gave
this
Order
,
And
further
we
do
hereby
require
and
exhort
you
to
take
notice
of
them
,
of
whatsoever
place
or
station
,
who
do
obstruct
,
speak
against
,
disswe●e
,
privately
or
Publickly
from
the
present
Leavy
,
or
who
having
a
calling
to
speak
for
it
,
are
silent
therein
,
and
to
make
report
thereof
at
the
next
Meeting
of
our
Commission
at
St.
Andrews
,
Jan.
21.
and
in
their
warning
from
Perth
March
the
20.
after
they
have
applyed
many
of
the
Characters
of
the
old
Malignants
which
are
set
down
in
former
Publick
Papers
of
the
Church
,
to
these
who
were
unsatisfied
with
&
did
oppose
the
Publick
Resolutions
,
and
cited
sundry
of
the
Acts
made
for
censuring
them
,
they
close
thus
:
Therefore
for
execution
of
the
foresaid
Acts
of
Assemblies
,
&c.
We
do
in
the
Name
of
God
inhibit
and
discharge
all
Ministers
to
Preach
,
and
all
Ministers
and
Professors
to
detract
,
write
,
or
speak
against
the
late
Publick
Resolutions
,
and
Papers
of
the
Commission
of
the
Generall
Assembly
,
in
order
to
the
calling
forth
of
the
people
;
and
we
do
seriously
recommend
to
Presbyteries
,
that
with
all
vigilancy
they
take
speciall
notice
,
and
tryall
of
such
persons
within
their
bounds
,
whether
such
as
have
station
there
,
or
such
as
in
this
troublesome
time
,
have
their
present
residence
,
Ministers
or
others
,
and
impartially
to
proceed
against
them
as
they
will
be
answerable
;
and
least
this
should
not
be
effectual
enough
,
as
being
but
a
recommendation
,
though
yet
with
a
certificate
,
therefore
at
the
same
time
,
they
did
send
this
particular
following
order
to
Presbyteries
.
Reverend
,
and
welbeloved
Brethren
,
finding
that
notwithstanding
of
our
faithfull
Warnings
,
and
great
pains
taken
to
satisfie
all
men
to
concur
in
their
places
,
for
furthering
of
the
Leavies
,
for
defence
of
Religion
,
King
and
Kingdom
,
and
all
other
our
dearest
Interests
:
many
are
so
far
from
concurring
,
that
they
do
very
vehemently
go
about
by
Preaching
,
Writing
,
and
perswading
to
the
contrary
to
obstruct
the
Work
;
we
do
therefore
require
you
,
that
you
carefully
enquire
in
your
Presbyteries
what
Ministers
doth
Preach
,
or
otherwise
perswade
,
contrary
to
our
present
Publick
and
published
Resolutions
,
and
that
you
proceed
to
censure
such
as
are
in
your
own
number
,
and
if
any
Ministers
that
travell
among
you
,
transgresse
in
that
kind
,
let
them
not
be
permitted
to
Preach
in
your
bounds
;
here
is
no
great
tendernesse
,
that
would
not
spare
so
much
as
these
gracious
Ministers
of
Ireland
,
who
were
driven
from
their
stations
,
and
forced
to
retire
to
this
Land
,
and
some
other
faithfull
men
among
our selves
,
who
were
also
necessitate
to
retire
from
their
charges
at
that
time
;
these
were
the
travellers
who
could
not
be
permitted
to
Preach
,
sundry
of
them
being
then
Preaching
in
vacant
Congregations
in
the
West
,
and
some
in
Fife
,
neither
was
the
Commission
satisfied
with
these
things
,
but
did
also
stir
up
the
Civill
Magistrate
against
them
,
as
afterwards
shall
be
made
to
appear
from
their
own
Warning
and
Remonstances
.
3.
consider
the
thing
in
it self
;
is
it
tender
dealing
to
be
taken
out
of
the
hands
of
a
Presbytery
,
and
to
be
brought
before
the
highest
and
most
publick
Judicatory
of
the
Church
;
the
Apostle
layes
weight
upon
being
reboked
by
many
.
Next
,
as
the
Author
tells
us
that
the
end
of
the
Commissions
Act
and
Letter
,
was
tendernesse
to
some
men
,
so
also
he
tels
us
that
there
was
not
one
word
more
or
lesse
in
them
for
pre-limiting
the
elections
:
But
what
though
the
words
be
in
them
,
yet
if
they
do
infer
the
thing
by
good
and
necessary
consequence
,
is
not
the
matter
there
?
It
is
not
much
to
the
purpose
,
that
sundry
unsatisfied
with
the
Publick
Resolutions
who
were
not
within
the
compasse
of
that
order
for
citation
,
and
also
some
who
were
constant
continuing
opposers
,
were
chosen
Commissioners
to
the
Assembly
,
because
some
such
were
chosen
in
Presbyteries
,
which
were
wholly
opposite
to
the
Publick
Resolutions
,
and
some
in
Presbyteries
where
the
greater
part
were
opposite
,
yet
not
without
dissents
or
Protestations
,
or
double
elections
.
The
Author
doth
not
well
to
say
,
that
no
mans
Commission
was
excepted
against
,
because
of
the
Publick
Resolutions
;
I
told
him
before
that
the
Commission
of
the
Presbytery
of
Dunkell
was
excepted
against
upon
that
accompt
,
and
that
the
Commission
of
the
first
election
in
Glasgow
was
not
onely
upon
that
accompt
excepted
against
;
but
after
long
and
serious
debate
untill
the
Commissions
Proceedings
should
be
first
tryed
,
which
not
only
refuteth
what
the
Author
saith
,
but
doth
also
prove
another
thing
,
which
all
along
he
seems
to
deny
,
to
wit
,
that
the
Letter
and
Act
of
the
Commission
concerning
citation
,
did
import
these
mens
being
excluded
from
being
Commissioners
to
the
Assembly
,
otherwise
let
them
render
a
reason
,
why
the
objecting
against
them
,
upon
the
Letter
and
Act
to
cite
them
,
should
have
enforced
the
laying
of
them
aside
,
untill
the
Commissions
Proceedings
should
be
first
tryed
,
if
the
Assembly
had
taken
it
for
granted
,
that
it
did
not
import
this
,
they
could
not
have
admitted
this
as
a
reason
to
exclude
them
for
an
houre
;
That
sundry
most
eminent
opposers
were
admitted
to
be
members
without
any
quarrelling
,
and
to
be
Moderators
and
Clerks
of
Committees
,
the
Writer
gave
the
reason
of
it
to
be
Policy
,
and
I
shal
take
in
consideration
in
its
own
place
what
the
Author
answereth
thereunto
:
But
suppose
all
this
to
be
true
,
will
this
make
a
free
Assembly
,
or
Vindicate
the
elections
from
pre-limitation
?
The
pre-limitation
which
is
now
in
question
is
,
that
of
the
elections
in
Presbyteries
,
which
would
stil
have
been
a
pre-limitation
of
the
Assembly
,
as
to
its
constituent
members
,
though
the
Assembly
had
condemned
it
,
much
more
was
it
so
when
they
did
approve
and
allow
of
it
;
but
of
the
ground
of
this
mistake
I
spake
before
.
VINDICATION
.
TO
the
two
latter
particulars
something
may
seem
to
be
said
in
that
latter
Paper
;
to
the
former
that
which
is
upon
the
second
branch
of
the
third
Objection
,
though
every
citation
doth
not
exclude
a
man
from
being
chosen
a
Commissioner
,
or
sitting
as
a
member
in
a
Generall
Assembly
,
yet
we
think
it
will
not
be
denyed
that
a
citation
in
matter
of
scandall
,
in
doctrine
or
manners
,
will
or
ought
to
exclude
a
man
from
being
a
Commissioner
,
or
sitting
as
a
member
in
an
Assembly
,
and
such
was
the
citation
appointed
by
the
late
Commissioners
,
viz.
in
matter
of
scandall
more
then
ordinary
(
in
the
judgement
of
the
Commission
)
both
in
Doctrine
and
manners
;
Besides
,
it
is
unquestionable
that
all
citations
do
exclude
men
from
being
judges
in
the
matter
for
which
they
are
cited
,
therefore
though
they
might
have
sitten
in
the
Assembly
as
judges
in
other
matters
,
yet
not
in
this
;
Therefore
it
followeth
,
that
as
to
this
particular
which
was
the
main
,
if
not
all
to
be
handled
,
the
Assembly
was
prelimited
.
Answer
1.
To
the
latter
part
of
this
reply
,
I
profess
not
much
skill
in
the
matter
of
legall
exceptions
,
and
constitution
of
Judicatories
:
but
so
far
as
common
sense
and
reason
can
lead
me
.
It
seems
to
me
a
strange
assertion
that
some
few
persons
having
opposed
themselves
to
a
course
taken
by
a
Judicatory
,
intrusted
with
the
Publick
affairs
of
the
Kirk
consisting
of
men
to
that
time
judged
faithfull
,
and
still
professing
faithfulness
therein
,
as
in
the
sight
of
God
,
and
accusing
this
Judicatory
for
that
course
they
have
taken
,
as
guilty
of
defection
,
and
destroyers
of
the
Cause
of
Religion
,
if
I
say
,
these
few
men
being
cited
to
be
tryed
by
a
Generall
Assembly
,
and
consequently
excluded
from
judging
in
that
particular
matter
which
is
in
controversie
;
the
Assembly
is
in
this
to
be
judged
pre-limited
in
that
matter
,
although
there
be
besides
these
excluded
a
competent
number
of
members
lawfully
authorized
:
(
For
such
we
may
suppose
all
the
rest
,
to
be
for
any
thing
that
is
said
in
this
particular
that
we
are
upon
the
answer
of
)
to
make
up
a
competent
Judicatory
,
to
cognosce
,
and
judge
upon
the
matter
in
controversie
,
according
to
the
rule
of
Gods
Word
,
and
the
Constitutions
of
the
Kirk
,
which
they
are
bound
by
their
Commissions
and
oaths
to
judge
by
;
I
desire
no
proof
of
this
,
for
it
is
principall
clear
and
evident
,
exterminis
,
and
the
Writers
assertion
is
no
warr
and
to
receive
it
for
an
unquestionable
truth
;
I
doubt
not
,
but
if
the
Writer
shall
assay
to
prove
this
,
that
he
shall
fall
upon
that
same
exception
which
the
Remonstrants
made
against
the
Synod
of
Dort
,
that
the
most
part
of
the
Synod
were
their
adverse
party
;
having
declared
their
judgement
contrary
to
their
doctrine
;
which
was
rejected
as
a
null
exception
by
all
Orthodox
Divines
in
that
Synod
.
REVIEW
.
BEfore
the
Author
come
directly
to
speak
to
what
is
alleadged
by
the
Writer
,
he
seems
first
to
answer
by
denying
that
there
was
any
pre-limitation
of
the
Assembly
,
even
upon
supposall
that
these
men
were
by
that
Citation
excluded
from
sitting
Members
thereof
;
But
let
us
consider
the
Reasons
of
his
denyall
.
The
first
is
,
that
there
were
but
some
few
persons
opposing
themselves
to
a
course
taken
by
a
Judicatory
intrusted
with
the
Publick
Affairs
of
the
Church
,
consisting
of
men
(
till
that
time
)
judged
faithfull
,
and
still
professing
faithfulnesse
therein
,
as
in
the
sight
of
God
,
and
accusing
that
Judicatory
for
that
course
they
had
taken
,
as
guilty
of
defection
,
&c.
although
they
had
been
but
few
,
yet
their
Testimony
against
the
proceedings
of
that
Judicatory
,
as
against
the
course
of
defection
,
notwithstanding
of
any
thing
that
that
Judicatory
had
formerly
been
,
and
was
then
professing
,
being
true
and
clearly
consonant
to
the
doctrine
and
determinations
of
this
Church
,
it
was
a
pre-limitation
of
the
Assembly
,
because
of
that
Testimony
to
exclude
them
:
But
I
have
often
told
him
,
and
made
it
to
appear
,
that
they
were
not
few
,
but
many
.
It
is
true
,
that
the
Commission
till
that
time
had
been
judged
faithfull
;
but
it
is
also
true
,
that
a
great
part
of
these
to
whom
that
Testimony
was
due
,
did
with-draw
from
the
Commission
upon
occasion
of
that
defection
,
and
gave
open
testimony
against
the
same
.
And
though
some
eminent
men
did
abide
with
them
,
yet
the
plurality
were
such
who
had
not
been
much
conversant
in
,
nor
well
acquainted
with
the
Publick
Affairs
of
the
Church
.
The
other
part
of
his
Answer
is
,
that
there
were
besides
these
excluded
,
a
competent
number
of
Members
lawfully
authorized
(
for
such
as
he
supposeth
the
rest
to
be
for
any
thing
that
is
said
in
this
particular
,
that
he
is
now
upon
the
answer
of
)
to
make
up
a
competent
Judicatory
,
to
cognosce
and
judge
upon
that
matter
and
controversie
,
according
to
the
rule
of
Gods
Word
,
and
the
Constitution
of
the
Kirk
,
which
they
are
bound
by
their
Commissions
and
oath
to
judge
by
.
Yeelding
all
this
,
yet
may
there
still
be
a
pre-limitation
,
incase
others
no
lesse
in
capacity
to
be
chosen
to
sit
as
Judges
,
be
excluded
.
If
the
Presbyteries
by
order
of
the
Commission
,
shall
exclude
a
great
many
of
their
Members
in
a
capacity
to
be
chosen
from
being
Commissioners
,
though
they
send
a
competent
number
of
others
,
is
not
the
Assembly
pre-limited
in
the
election
of
its
constituent
Members
,
even
as
if
the
Barrons
and
Burghs
should
exclude
from
their
Elections
many
of
their
number
,
in
a
capacity
of
being
chosen
Commissioners
to
the
Parliament
,
and
yet
send
the
ordinary
number
of
Commissioners
,
would
not
the
Parliament
because
of
this
thing
be
pre-limited
in
the
election
of
its
constituent
Members
?
But
in
order
to
that
which
he
saith
of
a
competent
Judicatory
to
cognosce
and
judge
upon
the
matter
,
according
to
the
rules
of
Gods
Word
and
Constitutions
of
the
Kirk
,
and
of
the
exceptions
of
the
Remonstrants
made
against
the
Synod
of
Dort
:
I
desire
him
to
consider
first
,
of
that
which
is
said
of
Mr.
David
Catherwood
,
a
witness
that
deserved
well
of
the
Kirk
of
Scotland
,
and
whom
(
I
believe
)
he
will
not
except
in
this
matter
on
his
nullities
against
Pearth
Assembly
,
and
in
his
Tractate
against
confused
Communions
,
concerning
competent
Judges
in
a
time
of
defection
,
and
of
what
is
said
of
the
same
purpose
,
by
the
reforming
Party
in
their
Publick
Papers
in
the
year
1637.
&
1638.
to
whose
judgments
,
I
believe
,
the
Protesters
will
submit
in
the
matter
of
a
competent
Judge
.
Secondly
,
that
if
the
exception
of
the
Remonstrants
of
the
Synod
of
Dort
had
been
this
,
that
the
Members
constituent
of
that
Synod
had
declared
their
judgments
not
onely
contrary
to
the
doctrine
of
the
Remonstrants
,
but
contrary
to
the
Word
of
God
,
and
to
the
clear
doctrine
and
constitution
of
the
Belgick
Churches
,
it
would
in
jure
have
been
a
relevant
exception
,
and
being
true
in
facto
,
had
sustained
as
well
against
that
Synod
,
as
the
like
exception
against
the
Councell
of
Trent
,
which
is
to
this
day
counted
valid
by
all
the
Protestant
Divines
.
Thirdly
,
let
us
suppose
hâc
eadem
viâ
,
ac
modo
&
methodo
,
that
the
Commission
had
brought
in
the
Prelaticall
or
Popish
Party
,
as
they
did
the
Malignant
Party
,
and
had
by-Presbyteries
obeying
their
order
there
anent
,
excluded
all
such
from
being
Members
of
the
Assembly
as
did
bear
testimony
against
them
,
whose
number
we
shall
also
suppose
to
be
as
few
as
the
opposers
of
Publick
Resolutions
,
and
the
number
of
the
other
as
many
as
these
who
are
for
them
;
whether
would
this
have
been
a
pre-limited
Assembly
,
yea
or
not
,
and
a
Competent
Judicatory
to
judge
that
matter
according
to
the
Word
of
God
and
Constitutions
of
the
Church
?
All
these
things
being
put
together
,
make
it
to
appear
that
the
Writer
hath
brought
in
no
such
straits
in
the
busines
,
as
the
Author
supposeth
.
VINDICATION
.
SEcondly
,
To
the
former
part
of
the
Reply
,
I
confesse
that
it
is
probable
,
that
a
man
being
cited
to
the
Generall
Assembly
upon
a
scandall
in
doctrine
and
manners
where
the
scandall
is
uncontroverted
,
and
already
particularly
determined
quoad
jus
,
or
in
point
of
Law
,
and
the
question
is
only
about
the
fact
,
ought
not
to
be
chosen
Commissioner
to
the
Assembly
,
at
least
not
to
sit
and
vote
untill
he
be
tryed
and
judged
;
for
I
doubt
,
if
he
may
not
be
chosen
Commissioner
,
if
there
be
not
some
probable
presumptions
of
the
fact
.
But
if
the
scandal
be
yet
controversi
&
indeterminati
juris
,
controverted
,
and
as
yet
not
a
determined
case
in
point
of
Law
by
the
doctrine
of
the
Kirk
,
I
see
not
but
a
man
cited
upon
such
a
ground
,
may
be
chosen
a
Commissioner
to
the
Assembly
,
and
sit
and
vote
as
a
Member
in
other
matters
,
except
that
thereupon
he
was
cited
;
and
do
remember
well
,
that
upon
this
very
ground
anno
48
,
upon
the
putting
off
of
some
from
the
List
to
be
Commissioners
to
the
Assembly
,
who
had
been
referred
and
cited
to
the
Assembly
for
silence
at
that
time
,
according
to
the
direction
of
the
then
Commission
,
exception
was
made
by
some
,
that
such
persons
could
not
be
chosen
Commissioners
,
and
consequently
could
not
be
upon
a
List
.
This
motion
was
rejected
by
some
judicious
and
pious
,
affirming
indeed
,
that
such
persons
could
not
well
vote
in
the
Assembly
,
until
their
matter
was
tryed
,
but
that
that
reference
could
not
hinder
them
to
be
upon
a
List
for
elections
,
and
consequently
not
from
being
elected
to
be
Commissioners
.
Now
,
such
was
the
case
of
the
Citation
in
hand
,
it
was
upon
alleadgeance
of
scandall
,
as
yet
controversi
juris
,
as
to
any
particular
determination
thereanent
by
the
publick
judgment
of
the
Kirk
,
and
therefore
both
the
persons
cited
,
and
these
that
ordained
them
to
be
cited
,
were
to
be
tryed
and
judged
by
the
Assembly
,
and
for
that
removed
in
that
particular
,
not
only
about
the
fact
,
but
also
about
the
matter
Juris
of
Law
.
However
if
this
please
not
the
Writer
,
let
him
answer
what
he
will
for
clearing
the
order
of
the
Commission
48
,
and
it
will
serve
as
well
the
order
of
the
Commission
51.
As
to
any
illegality
relating
to
the
Constitution
of
the
Assembly
;
for
upon
the
form
clearly
both
were
alike
,
except
in
what
wil
make
for
the
advantage
of
the
later
,
and
as
for
the
matter
in
both
it
was
alike
,
as
to
the
Generall
Assemblies
judgment
at
the
time
of
the
Protestation
,
and
also
in
reipsâ
,
which
we
take
upon
us
to
make
good
.
REVIEW
.
ALbeit
this
be
more
then
probable
,
as
appears
from
the
constant
tenor
of
the
proceedings
of
Assemblies
in
the
matter
of
Commissioners
,
which
was
intimated
by
the
Writer
,
yet
I
am
content
to
take
what
the
Author
gives
.
He
distinguishes
betwixt
a
scandal
,
which
as
to
the
ground
of
it
is
controversi
juris
,
&
a
scandall
which
is
determinati
juris
,
and
makes
the
scandall
of
opposing
the
Publick
Resolutions
to
have
been
only
controversi
juris
,
as
to
any
particular
determination
thereof
by
the
publick
judgment
of
the
Kirk
,
and
thence
infers
,
that
the
opposers
of
Publick
Resolutions
might
have
been
chosen
,
this
notwithstanding
,
and
admitted
to
sit
as
Judges
in
the
Assembly
,
though
not
in
this
particular
;
and
I
offer
these
particulars
hereanent
:
First
,
That
by
the
Authors
own
grant
,
they
are
still
excluded
from
sitting
as
Judges
in
that
particular
,
and
therefore
as
to
a
competent
Judge
in
this
particular
,
which
was
the
main
,
if
not
the
all
of
the
Assembly
,
the
Assembly
was
pre-limited
.
Secondly
,
That
this
was
not
a
businesse
which
was
controversi
juris
,
but
as
clearly
determinati
juris
as
any
thing
could
be
;
I
mean
,
that
the
opposing
of
the
Publick
Resolutions
,
was
no
fault
,
but
a
duty
clearly
determined
by
the
Church
of
Scotland
;
I
confesse
,
men
may
question
any
thing
,
even
the
clearest
truths
,
but
there
is
no
case
oftener
or
more
clearly
determined
by
this
Kirk
,
then
that
of
the
unwarrantablenesse
of
joyning
in
Counsel
or
Arms
with
the
Malignant
Party
,
for
the
defence
of
the
Cause
and
Kingdome
,
and
of
the
obligation
that
lyeth
upon
Ministers
,
especially
to
bear
testimony
against
the
same
;
and
therefore
a
notable
injury
was
done
,
and
a
grosse
pre-limitation
committed
,
by
citing
them
upon
that
accompt
.
Thirdly
,
suppose
it
had
not
yet
been
determinati
juris
as
to
the
publick
judgment
of
the
Church
in
an
Assembly
;
yet
as
to
the
judgment
of
the
Commission
and
Presbyteries
who
did
hear
and
obey
them
,
it
was
determinati
juris
,
and
men
were
excluded
from
Elections
,
and
cited
to
the
Assembly
there-upon
,
as
upon
a
thing
that
was
determinati
juris
:
Therfore
as
there
was
thereby
a
pre-limitation
in
regard
of
these
,
who
though
they
were
chosen
,
yet
could
not
sit
in
that
particular
,
because
of
the
Citation
;
so
also
in
regard
of
others
,
who
were
therby
excluded
from
being
chosen
.
4.
If
this
scandal
was
not
(
Determinati
Juris
)
by
the
Publick
Judgment
of
the
Church
,
the
Author
would
let
us
know
why
the
Commission
in
their
Warnings
at
Perth
,
March
20
by
applying
many
former
Acts
and
Remonstrances
of
Gen.
Assemblies
against
it
,
do
define
it
to
be
so
:
And
what
Warrant
the
Commission
had
by
their
trust
from
the
Gen.
Assembly
,
not
only
to
declare
the
opposers
of
their
Resolutions
to
be
guilty
of
practices
leading
to
encourage
the
hearts
,
and
strenthen
the
hands
of
Enemies
,
in
prosecuting
their
wicked
purposes
to
make
faint
the
hearts
,
and
feeble
the
hands
of
Gods
People
,
and
to
seduce
their
minds
with
devisive
and
separating
Counsels
and
Principles
,
and
thereupon
,
not
only
to
require
Presbyteries
to
censure
them
,
but
also
to
stir
up
the
Civil
Magistrate
against
them
.
Surely
,
if
the
Commission
did
all
this
without
any
Publick
Judgment
of
the
Kirk
(
that
is
of
former
General
Assemblies
defining
these
things
to
be
scandal
)
they
did
as
to
these
things
act
without
a
Commission
,
and
without
Authority
,
and
were
beyond
their
bounds
,
and
led
with
no
spirit
of
tenderness
.
The
Author
did
a
little
while
agoe
seem
to
say
,
That
the
Commission
had
no
power
to
cite
or
to
censure
the
opposers
of
any
Resolutions
made
by
themselves
;
and
yet
here
he
tels
,
that
these
things
,
as
to
the
Publick
Judgement
of
the
Kirk
,
were
controversi
juris
:
And
if
so
,
they
were
as
yet
but
Resolutions
of
their
own
,
and
they
had
no
power
to
cite
or
censure
any
,
or
to
give
Order
to
cite
or
censure
any
for
opposing
thereof
.
That
the
Publick
Resolutions
were
controversi
,
and
not
determinati
juris
by
the
publick
judgement
of
the
Kirk
:
That
the
Commission
had
no
power
for
citing
or
censuring
any
Opposing
Resolutions
made
by
themselves
;
That
they
gave
Order
to
Presbyteries
to
censure
and
cite
the
opposers
of
Publick
Resolutions
,
are
things
that
I
cannot
reconcile
.
I
wil
not
say
but
the
Authors
ingyne
may
find
a
shift
,
but
if
he
extricate
these
things
to
the
clear
capacity
of
plain
and
ordinary
understandings
,
is
more
then
at
present
my
weak
eyes
do
see
.
As
for
that
he
tells
us
concerning
the
rejecting
the
motion
of
putting
off
of
some
from
the
List
to
be
Commissioners
,
who
had
been
referred
and
cited
to
the
Assembly
in
the
year
1648.
I
can
say
little
to
it
,
as
not
knowing
it
nor
the
circumstances
therof
.
I
beleeve
it
be
an
instance
of
a
particular
person
in
a
Presbytery
giving
his
judgment
anent
the
listing
of
another
,
but
when
it
is
all
granted
it
yeelds
a
great
part
of
the
cause
,
to
wit
,
That
these
persons
could
not
sit
in
the
Assembly
as
Judges
in
that
particular
;
And
if
I
be
not
mistaken
in
my
conjecture
about
the
persons
,
I
think
I
may
say
,
if
that
judicious
and
pious
man
who
rejected
that
motion
had
been
in
any
fear
that
these
persons
would
be
chosen
,
belike
he
would
have
holden
his
peace
,
and
sufferred
the
motion
to
passe
uncontrolled
.
But
the
Author
(
if
this
please
not
the
writer
)
desires
him
to
answer
what
he
will
for
clearing
of
the
Order
of
the
Commission
48.
and
it
will
serve
aswell
the
Order
of
the
Commission
51.
as
to
any
illegality
relating
to
the
Constitution
of
the
Assembly
;
because
,
saith
he
,
upon
the
form
both
clearly
were
alike
,
excepting
what
will
make
for
the
advantage
of
the
latter
;
and
as
for
the
matter
in
both
it
was
alike
,
as
to
the
General
Assemblies
Judgment
at
the
time
of
the
Protestation
,
and
also
in
reipsa
,
as
he
takes
upon
him
to
make
good
.
It
seems
that
it
doth
not
please
the
Author
himself
very
wel
,
and
I
think
it
wil
please
the
Writer
much
worse
,
because
of
the
things
which
I
have
mentioned
,
and
other
things
as
weighty
which
may
occur
to
him
,
as
to
that
of
the
48.
I
have
already
given
clear
answers
for
the
writer
,
or
rather
vindicated
his
own
,
that
there
was
a
vast
difference
both
in
the
form
as
also
in
the
matter
;
and
that
both
,
as
the
Assemblies
judgement
at
the
time
of
the
Protestation
(
unless
they
were
not
to
admit
the
judgment
of
former
Assemblies
in
these
particulars
)
as
also
in
reipsa
,
and
he
shall
but
lose
his
labor
,
and
not
be
able
to
make
good
what
he
undertakes
.
VINDICATION
.
THat
which
may
seem
to
say
somewhat
against
the
other
Particular
(
viz.
That
no
mans
Commission
was
rejected
,
nor
any
man
chosen
to
be
a
Commissioner
was
refused
to
have
vote
in
the
Assembly
upon
that
accompt
,
that
he
was
unsatisfied
with
the
Resolutions
)
is
in
the
Answer
to
the
3.
Objection
,
Branch
4.
First
,
(
beside
somthing
that
hath
been
answered
already
)
he
saith
,
Policie
taught
the
Assembly
so
to
do
:
The
votes
of
so
few
a
number
not
being
likely
to
prove
so
great
disadvantage
to
the
businesse
,
as
the
professed
denying
to
them
a
vote
would
have
done
.
Answer
,
If
the
Writer
had
used
so
much
modesty
and
respect
to
the
Assembly
as
to
have
said
,
That
possibly
Policy
might
have
taught
them
to
do
this
,
or
it
may
be
probably
thought
it
was
thus
,
it
had
been
somewhat
tolerable
:
But
I
must
say
it
is
too
much
boldnesse
thus
to
have
said
,
positively
,
That
Policy
did
teach
them
it
.
Good
Sir
,
did
you
see
into
the
hearts
of
men
in
the
Assembly
,
to
see
this
political
design
moving
them
to
do
this
?
Or
can
you
bring
a
demonstration
from
any
evidence
without
,
that
their
doing
of
it
,
did
arise
from
no
other
principle
or
motive
but
this
?
But
if
it
be
so
that
they
did
it
upon
a
political
motive
and
end
:
yet
if
it
was
so
really
as
none
was
rejected
or
refused
,
to
have
vote
upon
the
accompt
of
dissatisfaction
,
that
exception
is
to
no
purpose
to
the
point
.
We
are
upon
the
freedom
of
the
Assembly
,
which
is
to
be
measured
by
the
acts
done
about
the
Constitution
and
managing
of
it
,
considered
according
to
the
Matter
of
them
,
and
not
according
to
the
Intentions
and
Moral
Motives
whereupon
men
does
them
.
But
the
Writer
does
add
two
things
further
for
Answer
.
1.
That
the
discussing
and
judging
of
the
Commissions
of
these
in
Glasgow
and
Sterling
,
who
were
unsatisfied
with
the
publick
resolutions
,
were
laid
aside
;
because
Mr.
Rob
Ramsay
his
Protestation
against
the
Election
,
taken
from
their
Dissatisfaction
,
could
not
be
discussed
,
until
these
Resolutions
were
either
condemned
,
or
approven
,
which
was
in
effect
to
exclude
them
from
voting
,
because
of
not
approving
the
Publick
Resolutions
;
and
this
is
so
much
the
stronger
,
considering
that
it
was
refused
to
lay
aside
the
Commissions
of
these
that
carried
on
the
Resolutions
until
their
proceedings
should
be
tryed
and
approven
.
Answ.
1.
Besides
that
Mr.
R.
Ramsay
his
Protestation
was
not
against
these
of
Sterling
at
all
,
so
that
it
is
impertinent
to
say
,
that
their
Commission
was
laid
aside
becaus
of
that
Protestation
:
And
besides
,
that
the
Commissions
of
others
controverting
with
them
,
and
pretending
by
as
probable
reasons
their
Commission
as
these
,
was
laid
aside
also
.
It
followeth
not
hence
that
they
were
simply
excluded
from
voting
,
but
suspended
from
voting
for
a
time
,
and
had
not
vote
in
that
particular
which
might
well
had
been
without
imputation
of
pre-limitation
on
the
Assembly
,
as
hath
been
shewen
before
.
2.
The
Consideration
added
for
confirmation
is
very
inconsiderable
;
because
the
Commissions
of
these
of
Glasgow
and
Sterling
were
controverted
in
the
very
Election
,
and
therfore
their
Commission
could
not
but
be
laid
aside
untill
the
grounds
of
the
Controversie
should
be
discussed
,
that
it
might
be
seen
whether
they
were
orderly
elected
,
or
not
;
but
these
others
had
their
Commission
by
Elections
orderly
and
uncontroverted
in
the
Presbyteries
that
sent
them
;
yet
neither
were
they
to
have
vote
in
the
matter
of
the
Resolutions
.
What
is
said
from
the
Exception
made
against
their
Admission
to
vote
at
all
,
given
in
to
the
Assembly
,
shall
be
answered
afterwards
.
Secondly
(
saith
he
)
it
is
to
be
considered
,
That
the
Assembly
did
sustain
&
approve
the
Letter
and
Act
of
the
Commission
for
citing
such
as
were
unsatisfied
,
which
was
a
real
excluding
of
all
these
upon
their
dissatisfaction
,
at
least
from
being
Judges
in
that
particular
.
Answ.
1.
The
Writer
doth
here
,
as
all
along
this
Paper
,
bear
his
Reader
in
hand
,
that
the
Commission
hath
given
order
for
citing
such
as
were
unsatisfied
indefinitly
,
which
is
contrary
to
the
truth
;
for
only
such
(
as
all
means
used
,
do
continue
in
opposing
)
were
to
be
cited
,
as
is
evident
by
the
Act
and
Letter
.
2
It
is
true
,
after
tryal
and
examination
of
the
Commissions
proceedings
,
they
did
approve
that
Act
and
Letter
:
But
did
not
the
Assembly
,
48.
do
the
same
in
relation
to
the
Letter
and
Act
of
the
then
Commission
of
the
like
nature
?
But
yet
further
,
Did
not
all
Commissioners
from
Presbyteries
,
who
were
unsatisfied
(
excepting
such
only
whose
Commissions
were
controverted
in
the
very
Election
)
were
yet
undiscussed
,
and
were
pleased
to
stay
in
the
Assembly
,
sit
and
vote
in
that
same
very
particular
;
I
mean
the
Resolutions
of
the
Commission
,
how
then
could
they
be
really
excluded
from
being
Judges
in
that
particular
wherein
they
really
did
sit
Judges
;
or
were
any
of
them
excluded
after
the
Act
and
Letter
was
approven
?
If
it
be
said
,
That
the
approving
of
that
Act
and
Letter
did
import
,
that
they
ought
in
the
judgment
of
the
Assembly
to
have
been
excluded
.
I
answer
,
1.
Yet
though
this
may
say
somewhat
,
that
the
Assemblies
determination
in
this
point
de
jure
did
not
agree
wel
with
that
pre-ceding
fact
in
admitting
such
Members
to
judge
in
that
particular
,
yet
it
saith
nothing
to
the
point
in
hand
,
seeing
these
Members
of
whom
we
speak
did
really
and
actually
without
any
Letter
or
exception
made
against
them
Judg
,
not
only
in
other
matters
,
but
also
in
that
very
particular
.
Thus
much
in
answer
to
the
first
Reason
against
the
late
Assembly
,
and
what
is
brought
in
that
Paper
for
confirming
and
upholding
of
it
:
If
it
have
any
force
Malignants
may
think
themselves
obliged
to
the
Protesters
for
teaching
them
,
if
ever
they
shall
have
power
again
,
how
to
call
in
question
and
condemn
their
Assembly
48.
yea
,
and
if
they
find
it
make
for
their
purpose
,
even
other
Assemblies
too
,
even
that
Solemn
Assembly
38.
as
unfree
and
unlawful
,
because
of
prelimitation
in
the
election
of
Commissioners
.
REVIEW
.
THe
Author
here
passing
by
a
great
and
material
part
of
the
Writers
Answer
,
to
wit
,
That
albeit
all
that
were
true
,
yet
it
doth
not
make
void
what
is
said
for
prelimiting
the
Elections
by
the
Letter
and
Act
of
the
Commission
,
because
these
were
prelimited
in
Presbyteries
,
by
barring
sundry
from
being
chosen
,
who
otherwise
were
in
a
capacity
to
be
chosen
,
falleth
upon
sharp
censuring
of
him
,
for
saying
,
That
Policy
taught
the
Assembly
so
to
do
.
But
I
conceive
that
though
the
writer
did
not
see
into
the
hearts
of
men
in
the
Assembly
,
yet
he
had
reason
thus
to
speak
,
because
their
admitting
some
of
them
to
sit
,
was
not
consonant
nor
homogenious
neither
to
the
Letter
and
Act
for
citing
of
them
,
which
by
the
Authors
own
grant
did
infer
the
barring
of
them
from
sitting
til
their
matters
should
be
tryed
;
nor
yet
to
the
Assemblies
aproving
of
the
Letter
and
Act
which
did
exclude
them
,
which
the
Author
also
confesses
;
it
was
either
great
policy
,
or
great
simplicity
that
did
lead
them
in
so
contrary
and
discordant
parts
;
But
as
the
Author
els-where
speaks
,
they
were
no
children
;
neither
was
it
so
really
that
none
were
rejected
or
refused
to
have
vote
upon
the
accompt
of
dis-satisfaction
,
because
as
some
of
them
were
rejected
de
facto
,
to
wit
,
the
Commissioners
of
the
first
Election
in
Glasgow
;
so
all
of
them
were
rejected
de
jure
as
we
shall
hear
anone
.
It
could
not
but
flow
from
some
strange
principle
,
and
be
matter
of
wonder
to
the
beholders
,
That
at
the
same
time
,
in
the
same
Judicatory
,
some
should
be
standing
at
the
Bar
,
as
rei
,
and
cited
to
be
tryed
and
judged
,
and
others
no
less
guilty
of
the
same
Crime
should
be
admitted
to
sit
upon
the
Bench
as
Judges
of
that
very
particular
.
I
beleeve
the
Author
shal
not
find
many
presidents
nor
paralels
of
such
a
practice
as
this
in
any
well
constitute
and
rightly
proceeding
Judicatory
Civil
or
Ecclesiastick
;
so
that
measuring
the
freedom
of
the
Assembly
by
the
Acts
done
about
the
constitution
and
managing
of
it
according
to
the
matter
of
it
,
and
not
according
to
the
intentions
or
moral
motives
upon
which
men
did
them
:
There
is
still
reason
to
say
,
that
it
was
not
free
,
notwithstanding
that
some
were
admitted
to
sit
and
vote
,
who
were
unsatisfied
with
,
and
opposit
to
the
publick
resolutions
.
As
to
that
which
he
sayeth
in
Answer
to
the
other
two
particulars
:
To
the
first
of
them
I
desire
it
to
be
considered
.
1.
That
the
impertinency
is
on
his
own
side
,
when
he
saith
,
that
Mr.
Rob.
Ramsay
his
Protestation
was
not
against
these
of
Sterling
at
all
▪
because
the
Writer
did
not
at
all
say
in
writ
that
it
was
so
,
or
that
the
Commission
of
Sterling
was
laid
aside
,
because
of
that
Protestation
;
if
he
found
it
so
written
in
any
Copy
,
it
had
savoured
a
little
more
of
cha●iry
to
impute
to
the
inadvertence
of
the
Transcriber
,
seeing
no
man
belike
of
common
sense
would
bring
in
Mr.
Rob.
Ramsay
a
Member
of
another
Presbytery
,
and
in
another
Province
,
protesting
against
the
Election
of
Sterling
.
2.
Not
to
fall
on
the
debate
of
the
laying
of
the
other
Commissions
aside
,
which
were
controverted
with
them
,
not
upon
the
probableness
,
nor
improbableness
of
the
reasons
they
pretended
,
as
not
belonging
much
to
the
busines
which
we
are
now
upon
.
The
Author
doth
yeeld
much
of
the
cause
when
he
saith
,
It
followes
not
hence
that
they
were
simply
excluded
from
voting
,
but
suspended
from
voting
for
a
time
,
and
had
not
vote
in
that
particular
;
because
he
yeelds
these
two
things
:
1.
That
they
had
not
,
nor
were
not
to
have
(
de
jure
)
any
vote
at
all
in
the
particular
of
the
Publick
Resolutions
.
2.
That
(
de
facto
)
they
had
not
,
nor
were
not
to
have
a
vote
in
any
particular
till
that
exception
should
be
discussed
,
and
so
are
they
excluded
for
a
long
time
,
and
from
many
particulars
.
But
when
the
exception
is
discussed
and
sustained
,
are
they
not
wholly
excluded
,
both
de
jure
,
and
de
facto
,
and
cannot
at
all
be
admitted
,
unless
we
will
bring
in
the
Assembly
going
over
the
belly
of
what
she
hath
presently
found
just
and
reasonable
;
neither
is
it
so
inconsiderable
as
the
Author
would
make
it
,
which
is
added
by
the
Writer
for
Confirmation
,
but
is
very
considerable
to
evince
the
pre-limiting
of
the
Assembly
.
That
which
was
added
is
this
,
and
this
is
so
much
the
stronger
,
if
we
shall
consider
that
it
was
refused
to
lay
aside
the
Commissions
of
these
who
had
carried
on
these
Resolutions
in
the
Commission
of
the
Assembly
,
until
their
proceedings
should
be
tryed
and
approven
.
To
which
the
Authors
Answer
is
,
That
it
is
not
considerable
,
because
the
Commission
of
the
one
was
controverted
in
the
Election
,
but
so
was
not
the
other
;
and
because
they
were
not
to
have
vote
in
the
matter
of
the
Resolutions
;
but
this
doth
not
at
all
loose
the
difficulty
.
One
of
the
grounds
upon
which
the
Commission
of
the
one
was
controverted
in
the
Elections
,
was
,
because
the
persons
elected
were
opposers
of
the
Publick
Resolutions
,
and
that
ground
aswel
as
others
,
did
to
themwards
sustain
as
a
relevant
exception
in
jure
to
keep
them
from
sitting
and
voting
in
the
Assembly
,
not
only
in
that
,
but
also
in
any
particular
else
,
until
it
should
be
discussed
;
yea
,
some
of
the
Commissioners
were
suspended
from
having
a
vote
in
any
thing
till
that
should
be
discussed
,
meerly
and
allenerly
upon
that
ground
,
to
wit
,
That
Brother
who
was
nominated
in
both
the
Elections
;
Now
was
not
to
be
the
Author
or
Abetter
of
the
Publick
Resolutions
,
involving
a
course
of
defection
,
being
objected
at
the
down-sitting
of
the
Assembly
,
an
exception
as
relevant
in
jure
to
bar
those
who
were
chosen
by
their
Presbytery
,
without
any
controversie
in
the
Presbytery
it self
,
from
sitting
and
voting
in
the
Assembly
in
any
particular
until
that
Exception
should
be
tryed
as
the
other
was
,
though
objected
in
the
Presbytery
at
the
time
of
the
Election
.
Let
us
take
the
Authors
ground
(
to
wit
)
That
the
matter
was
controversi
,
and
not
determinati
juris
,
and
let
him
or
any
man
else
vindicate
it
from
partiality
and
pre-limitation
,
that
exceptions
being
propounded
hinc
inde
,
he
who
carries
on
Publick
Resolutions
shall
be
admitted
to
sit
in
all
other
particulars
,
except
in
the
trying
and
judging
of
these
,
and
he
who
opposes
them
shall
be
suspended
from
sitting
in
any
particular
til
these
be
tryed
and
Judged
.
On
what
he
saith
to
the
second
particular
I
offer
,
●
.
That
the
Writer
doth
not
all
along
this
Paper
bear
his
Reader
in
hand
(
as
the
Author
alleadges
)
that
the
Commission
had
given
order
for
citing
such
as
were
unsatisfied
indefinitly
,
because
the
very
first
time
that
he
mentions
the
Letter
and
Act
of
the
Commission
he
saith
,
That
it
was
a
Letter
and
Act
appointing
,
That
such
as
after
conference
should
remain
unsatisfied
with
,
and
continue
to
oppose
the
Publick
Resolutions
,
should
be
cited
;
and
having
thus
once
set
down
the
true
nature
and
extent
of
it
,
it
was
needless
as
often
as
he
spake
of
it
to
repeat
the
same
words
,
and
was
enough
qualicunque
modo
to
circumscribe
it
;
therefore
the
Author
doth
more
harm
to
himself
then
the
Writer
,
when
he
taxeth
him
as
speaking
contrary
to
the
truth
in
this
.
2.
That
it
helps
him
not
to
say
,
That
as
the
Assembly
51.
did
ratify
the
Letter
and
Act
of
the
Commission
,
so
also
did
the
Assembly
48.
because
of
the
many
differences
already
established
betwixt
the
one
and
the
other
.
To
which
I
shall
now
add
this
as
to
the
point
of
Ratification
,
That
the
Act
and
Letter
48.
was
not
controverted
by
any
,
nor
any
Elections
because
of
it
,
nor
any
Exception
proponed
thereupon
against
the
freedom
of
the
Assembly
;
nor
indeed
well
could
be
,
it
being
clothed
with
such
circumstances
as
we
have
formerly
spoken
of
which
needs
not
now
to
be
repeated
;
but
in
51.
it
was
controverted
,
and
Elections
therupon
were
questioned
,
and
Exceptions
thereupon
proponed
against
the
freedom
of
the
General
Assembly
,
which
were
rejected
,
notwithstanding
of
contrary
circumstances
wherewith
the
Letter
and
Act
were
clothed
.
3.
That
the
Author
by
yeelding
,
that
the
Assemblies
approving
of
the
Letter
and
Act
of
the
Commission
(
which
he
is
necessitate
to
yeeld
because
it
was
so
)
doth
import
,
that
notwithstanding
Opposers
did
sit●
yet
they
ought
in
the
Judgment
of
the
Assembly
to
have
been
excluded
;
puts
himself
to
the
disadvantage
many
waies
.
1.
Because
the
Assemblies
approving
simul
&
semel
all
the
Acts
,
Warnings
,
Declarations
and
Remonstrances
of
the
Commission
against
Opposers
of
the
Publick
Resolutions
,
did
not
only
judge
,
that
such
by
that
Letter
and
Act
ought
ab
initio
to
have
been
debarred
from
sitt●ng
in
the
Assembly
in
that
particular
,
but
also
in
all
other
particulars
,
yea
not
at
all
to
have
been
chosen
.
2.
This
goes
far
to
nullify
the
Assembly
another
way
,
because
it
acknowledges
that
de
facto
they
allowed
many
scandalous
men
to
sit
as
Members
therof
,
who
de
Jure
and
by
a
Law
approven
of
themselves
,
ought
to
have
been
removed
.
3.
It
holds
forth
a
grosse
contradiction
betwixt
the
Assemblies
Principle
and
their
Practice
,
and
so
makes
more
then
probable
what
the
Writer
said
for
admitting
some
to
sit
upon
Policy
and
designs
.
4.
It
holds
forth
a
great
solicism
in
the
matter
of
Justice
;
that
is
;
Socij
criminis
,
to
sit
as
Judges
to
give
sentence
on
their
complices
,
to
wit
,
other
opposers
of
the
Publick
Resolutions
,
who
were
cited
,
and
now
standing
as
rei
before
the
General
Assembly
.
All
these
things
which
the
Author
hath
brought
in
Answer
to
the
first
Reason
against
the
late
Assembly
,
and
what
is
set
down
for
confirming
and
upholding
of
it
in
the
other
Paper
,
being
now
fully
discussed
,
I
leave
it
to
the
Reader
to
judge
,
whether
that
Reason
of
the
Protestation
doth
not
still
stand
strong
against
the
freedom
and
lawfulness
of
that
Assembly
,
and
how
little
cause
he
hath
to
say
,
That
if
it
have
any
force
,
Malignants
may
think
themselves
obliged
to
the
Protesters
for
teaching
them
,
if
ever
they
shall
have
power
again
,
how
to
call
in
question
and
condemn
the
Assembly
1648.
yea
,
and
if
they
find
it
move
for
their
purpose
,
even
other
Assembles
too
,
even
that
solemn
Assembly
1638.
as
unfree
and
unlawful
,
because
of
the
pre-limitation
of
Election
of
Commissioners
thereto
.
The
Malignants
are
in
themselves
prone
enough
to
evil
inventions
though
they
be
not
taught
them
by
others
,
but
I
beleeve
(
themselves
being
Judges
)
they
had
rather
,
as
to
the
matter
of
constitution
of
Assemblies
,
and
the
interpretation
of
their
Acts
,
be
Disciples
to
the
Authors
and
Abetters
of
the
Publick
Resolutions
then
to
the
Protesters
;
for
they
have
there
in
a
little
time
learned
the
way
how
(
notwithstanding
of
all
former
Acts
excluding
them
)
to
be
admitted
to
all
the
priviledges
of
the
Church
,
and
to
be
imployed
both
in
the
Army
and
Judicatories
,
and
by
complying
with
the
Commission
to
get
an
Assembly
after
their
own
mind
for
ratifying
and
approving
all
these
things
which
would
never
have
been
taught
unto
them
by
the
Protesters
,
who
studies
to
hold
fast
the
Acts
of
Assemblies
in
reference
to
Malignants
in
the
genuine
and
litteral
sense
and
meaning
thereof
,
and
to
prevent
and
oppose
all
corrupt
constitutions
of
Assemblies
,
and
that
they
may
be
composed
of
such
as
do
adhere
to
former
Principles
,
which
being
attained
,
there
is
no
cause
to
fear
that
Malignants
shall
easily
ranverse
either
the
Assembly
48.
or
the
Assembly
38.
or
any
other
lawful
free
General
Assembly
of
this
Church
.
I
shal
close
this
whol
busines
annent
the
pre
limiting
of
the
Elections
,
and
the
excluding
of
those
who
opposed
the
Publick
Resolutions
,
with
one
sentence
of
the
Britane
Divines
in
the
Synod
of
Dort
,
who
in
answer
to
the
Protestation
of
the
Remonstrants
speak
thus
,
Quae
ratio
reddi
potest
cur
suffragiorum
Jure
priventur
omnes
illi
Pastores
,
qui
ex
officio
receptam
Ecclesiae
Doctrinam
propugnantes
,
secus
docentibus
adversati
sunt
,
si
hoc
obtinere
nova
dogmata
spargentibus
nemo
obsisteret
ne
ipso
facto
jus
omne
post
modum
de
illis
controversiis
judicandi
amitteret
.
VINDICATION
.
WE
go
on
now
to
the
second
in
order
of
the
Protestation
,
which
is
this
;
Because
of
the
absence
of
Commissioners
of
many
Burghs
,
as
wanting
free
accesse
because
of
the
motions
of
the
Enemy
,
in
the
order
of
the
late
Paper
,
wherein
other
reasons
are
added
to
these
in
the
Protestation
,
this
is
set
down
in
the
5.
place
and
is
cast
in
_____
with
some
addition
to
the
matter
,
because
as
first
proponed
it
hath
not
seemed
fast
enough
thus
:
That
cannot
be
a
free
Assembly
,
to
which
there
is
no
free
access
and
recess
,
but
there
was
no
free
accesse
to
the
Assembly
by
reason
of
two
Armies
interjacent
between
the
place
of
the
meeting
and
the
dwelling
of
many
of
the
Commissioners
,
and
being
pursuing
one
another
very
hotely
,
having
their
parties
comming
abroad
every
where
at
the
time
they
should
had
come
to
the
Assembly
,
and
therefore
many
were
absent
about
the
one
halfe
of
the
Burghs
,
many
Presbyteries
to
the
number
of
9.
or
10.
neither
was
there
free
recess
from
it
,
not
onely
because
of
the
former
reason
,
but
because
the
King
and
Committee
of
Estates
did
detain
and
keep
under
a
kind
of
confinement
,
severall
numbers
thereof
,
at
their
returning
to
their
own
homes
,
having
nothing
,
nor
alleadging
any
thing
to
challenge
them
for
,
but
their
carriage
at
the
Assembly
.
Answer
,
I
must
profess
ingenuously
,
when
at
first
I
did
read
the
Protestation
,
I
wondred
much
how
men
,
especially
Ministers
of
the
Gospell
,
making
so
solemn
and
high
profession
and
attestation
as
they
do
in
this
Protestation
,
viz.
That
they
made
one
of
the
grounds
contained
therein
,
as
being
desirous
to
be
faithful
in
the
day
of
tentation
,
and
to
exoner
their
consciences
as
in
the
sight
of
the
LORD
,
could
alleadg
this
as
ground
to
disclaim
the
late
Assembly
,
as
not
a
free
and
lawful
Assembly
of
this
Kirk
.
I
confess
my
wondring
is
not
a
whit
abated
,
but
increased
by
this
second
propounding
Argumentation
of
it
.
For
first
,
As
to
the
proposal
of
it
in
the
Protestation
,
suppose
that
a
good
many
Commissioners
of
Broughs
and
Presbyteries
had
been
absent
then
:
this
might
have
been
alleadged
with
some
appearance
of
reason
to
show
that
the
Assembly
was
not
so
ful
in
partibus
integralibus
,
so
numerous
as
could
have
been
wished
,
yet
with
no
colour
could
it
be
alleadged
,
that
it
was
not
free
,
legal
_____
essential
requisit
for
the
constitution
therof
,
unles
it
could
be
demonstrat
either
that
their
absence
was
for
want
of
timous
advertisment
concerning
the
time
and
place
of
it
,
which
cannot
be
alleadged
(
the
time
being
known
by
the
preceding
Assembly
,
and
advertisment
concerning
the
place
having
been
given
timously
by
the
Commission
)
or
that
there
was
some
appearance
that
some
in
the
Assembly
might
have
been
inclined
to
act
favourably
for
the
enemy
,
or
that
the
enemy
might
have
some
influence
on
the
Assembly
to
corrupt
or
pervert
it
,
which
I
conceive
the
Protestors
wil
not
say
.
I
know
that
the
absence
of
many
Commissioners
is
alleadged
as
one
ground
anulling
this
pretended
Assembly
condemned
at
Glasgow
38.
but
it
is
as
wel
known
that
the
absence
of
Commissioners
was
caused
by
untimous
indiction
and
advertisment
or
some
other
internal
cause
,
having
influence
upon
the
corruption
of
this
Assembly
.
2.
It
had
been
requisit
the
Writer
of
the
last
Paper
had
condescended
namely
upon
these
9.
or
10.
Presbyteries
absent
;
which
had
he
done
,
I
doubt
but
it
would
have
been
found
that
some
of
them
were
absent
,
because
they
had
none
to
send
,
or
were
not
Presbyteries
existing
at
all
at
that
time
,
as
Orknay
and
Caithness
.
2.
It
should
be
found
that
some
of
these
Commissioners
of
Presbyteries
came
within
short
space
to
the
place
where
the
Assembly
was
sitting
,
and
would
not
come
forward
to
it
,
as
for
instance
these
of
Hambleton
.
3.
Commissioners
came
to
the
Assembly
,
between
whom
and
the
place
of
the
Assembly
the
Armies
were
as
interjacent
,
as
to
those
that
came
not
;
for
did
not
Commissioners
from
Presbyteries
of
Mer●e
and
Tevidale
,
Galloway
,
Glasgow
,
West
Country
;
yea
,
the
Commissioners
of
the
Presbyteries
of
farthest
parts
off
lying
that
way
were
present
,
and
that
others
came
not
it
may
seem
to
have
proceeded
out
of
negligence
,
rather
then
from
a
necessity
:
Why
then
should
the
Assembly
be
counted
null
,
for
the
absence
of
such
;
it
is
known
that
Commissioners
came
not
from
Burghs
,
and
yet
Ministers
came
out
of
these
same
Burghs
.
So
,
if
because
of
the
absence
of
some
Commissioners
,
for
fear
of
the
motions
of
the
Enemy
,
or
because
of
lying
of
Armies
through
the
Countrey
,
the
late
Assembly
be
judged
unfree
and
unlawfull
;
Then
,
by
as
good
reason
must
the
Assembly
in
the
time
of
James
Graham
his
reigning
and
raging
through
the
Countrey
,
be
holden
unfree
;
for
as
many
,
if
not
m●e
Commissioners
were
upon
that
occasion
absent
from
the
same
Assembly
;
then
see
here
again
how
good
friends
our
Brethren
proves
to
the
former
Assembly
,
by
devising
arguments
against
the
late
Assembly
,
wherby
they
plainly
teach
Malignants
who
were
censured
by
this
Assembly
,
how
to
cast
them
as
nul
upon
grounds
of
conscience
.
Sixthly
,
let
the
Rols
of
this
Assembly
,
be
compared
with
the
Rolls
of
former
unquestioned
Assemblies
,
and
it
shall
be
found
to
have
been
more
numerous
and
full
,
then
sundries
of
them
;
yea
,
we
know
,
that
at
the
Assembly
of
Aberdeen
1650.
there
were
but
about
twenty
persons
present
,
which
notwithstanding
is
owned
by
the
Kirk
of
Scotland
as
a
free
and
lawfull
Generall
Assembly
,
and
it
cannot
be
said
,
that
any
such
excuse
as
this
was
made
in
that
Assembly
for
the
absence
of
any
,
and
granting
that
the
motions
of
the
Enemy
had
hindered
some
,
yet
here
being
so
inconsiderable
a
number
in
comparison
of
this
Assembly
,
these
who
were
conveened
,
should
not
,
nor
could
not
lawfully
be
holden
an
Assembly
,
and
gone
about
their
duties
.
Seventhly
,
as
for
what
was
said
about
the
want
of
freedom
of
recess
,
the
first
part
is
certain
and
clear
in
common
sense
,
that
if
any
Assembly
may
sit
,
or
do
sit
out
its
time
,
and
conclude
freely
,
though
there
be
danger
to
the
Members
in
their
recess
,
this
cannot
in
any
way
reflect
upon
the
constitution
of
the
Assembly
,
how
many
Members
of
the
Assembly
in
James
Grahames
time
were
there
that
had
not
safe
recess
to
their
own
homes
.
For
the
other
part
of
these
Members
spoken
of
here
,
had
protested
against
,
and
declined
the
Assembly
,
and
deserted
(
which
the
Writer
wisely
passes
in
silence
,
and
saies
only
they
were
returning
to
their
own
homes
:
as
if
for
sooth
the
Assembly
had
been
closed
,
or
that
they
had
taken
fair
leave
before
the
close
)
And
might
not
the
King
and
the
Committee
do
all
this
?
They
say
unto
them
,
until
they
had
been
informed
upon
what
ground
they
had
come
away
so
untimously
without
any
imputation
to
the
freedom
and
lawfulness
of
the
Assembly
:
Did
not
the
Commissioners
of
the
States
at
the
Assembly
of
Dort
when
the
Remonstrants
proceeded
against
,
and
declined
that
Synod
,
presently
confined
and
charged
them
to
bide
within
that
City
until
they
should
answer
unto
the
Assembly
,
without
any
imputation
to
the
freedom
of
that
Assembly
.
But
again
,
the
truth
is
this
,
upon
the
Protesters
deserting
of
the
Assembly
,
and
going
through
the
Army
towards
the
West
,
the
report
was
,
That
they
had
made
a
broil
in
the
Assembly
,
and
were
come
to
trouble
the
Army
,
and
hinder
the
Levies
appointed
in
the
said
places
,
whither
they
were
going
:
hereupon
the
King
and
the
Committee
required
some
to
keep
their
Chambers
til
their
carriage
in
the
Assembly
might
be
known
.
But
so
soon
as
the
Assembly
heard
of
this
,
they
dispatched
unto
the
King
,
who
presently
sent
them
all
to
their
own
homes
,
excepting
that
they
did
require
such
of
them
as
were
cited
to
the
Assembly
to
return
to
it
,
and
answer
for
themselvs
(
which
yet
I
cannot
say
,
was
certainly
done
)
without
one
cross
word
given
to
them
.
These
things
being
considered
,
impartial
judicial
Readers
will
acknowledge
that
there
hath
not
bin
much
ingenuity
or
conscience
either
in
alleadging
this
reason
for
annulling
the
late
Assembly
,
and
cannot
but
think
the
alleadgers
themselves
wil
blush
that
here
have
propounded
it
for
justifying
their
own
protesting
,
and
hold
it
forth
to
others
to
induce
them
to
joyn
with
them
as
a
ground
of
conscience
whereof
they
could
not
but
exoner
their
conscience
.
REVIEW
.
THe
Author
ushers
in
and
closes
his
Answer
to
this
reason
with
a
great
deal
of
wondering
,
and
many
exclamations
against
the
want
of
ingenuity
and
conscience
in
the
Protesters
,
because
of
alleadging
this
reason
against
the
freedome
and
lawfulnesse
of
the
Assembly
;
and
he
is
so
confident
as
to
think
,
when
his
Answers
are
considered
,
not
onely
will
his
Readers
be
of
one
minde
with
him
in
this
,
but
that
the
Protesters
themselves
will
blush
that
they
have
proponed
it
:
We
have
a
proverb
,
That
great
words
flyeth
bairns
;
and
so
we
may
also
say
,
Great
words
perswades
women
and
children
,
but
men
of
reason
and
understanding
will
ponder
what
is
said
.
Albeit
the
Protesters
did
not
lay
all
,
nor
most
of
the
weight
of
their
Protestation
against
the
Assembly
upon
this
,
yet
they
did
ingenuously
and
conscientiously
conceive
,
that
there
was
weight
in
it
,
and
do
think
so
still
,
notwithstanding
of
all
the
Authors
great
words
:
I
wish
he
had
taken
the
Propositions
of
the
Arguments
as
they
lay
,
and
answered
them
severally
and
distinctly
;
he
doth
not
(
so
far
as
my
weak
decerning
can
reach
)
tell
us
his
mind
plainly
and
directly
,
either
of
the
first
or
second
Proposition
of
the
Argument
,
but
speaks
directly
onely
to
these
things
that
are
brought
by
the
Writer
,
for
confirmation
of
the
second
Proposition
;
and
to
that
part
of
the
first
Proposition
that
relates
to
freedome
of
recesse
;
I
shall
first
speak
a
little
to
the
first
Proposition
of
the
Argument
,
and
then
to
the
application
of
it
.
The
medium
is
none
of
the
Protesters
inventing
,
but
hath
been
generally
received
and
made
use
of
by
Divines
,
to
prove
the
unfreedome
of
Councels
where
there
was
truth
in
it
;
as
to
the
matter
of
fact
,
as
appears
first
from
the
learned
Review
of
the
Councell
of
Trent
,
in
which
this
Argument
is
cleared
and
confirmed
at
large
.
Secondly
,
In
the
Book
intituled
Adversus
Synodi
Tridentini
restitutionem
seu
continuationem
a
Pio
Quarto
Pontifice
indictam
opposita
gravamina
quibus
causae
necessariae
&
gravissimae
exponuntur
,
quare
ea
Electoribus
caeterisque
Imperii
Principibus
&
Ordinibus
Augustanae
Confessionis
neque
agnoscenda
neque
a●eunda
fuerit
.
Which
Book
I
do
the
rather
cite
,
because
it
doth
contain
the
joynt
judgment
of
many
choise
and
famous
Divines
and
Lawyers
of
that
time
.
Whoso
shall
be
pleased
to
look
either
upon
the
Review
of
the
Councell
of
Trent
,
or
upon
these
gravamina
,
as
they
are
cleared
and
confirmed
by
these
Divines
and
Lawyers
,
shall
find
this
Argument
cleared
and
confirmed
at
large
,
and
so
much
said
of
it
,
as
would
be
tedious
to
transcribe
.
Thirdly
,
the
Divines
of
Breme
in
the
Councell
of
Dort
answering
to
the
Protestation
of
the
Remonstrance
,
think
it
not
enough
to
say
,
nullae
hic
vel
insidiae
struuntur
,
vel
ullum
periculum
intenditur
;
but
also
adds
,
Quinimo
securitas
publica
omnibus
ad
accessum
commorationem
&
recessum
prostatur
.
As
to
the
Assumption
,
I
shall
onely
adde
to
what
is
said
in
the
Protestation
and
the
other
Paper
for
verify●ng
of
it
;
That
severall
Presbyteries
,
because
of
the
tumults
of
these
times
,
could
not
meet
within
their
own
bounds
to
choose
Commissioners
,
but
made
their
Elections
in
places
far
remote
,
as
these
of
the
Presbyteries
of
Edinburgh
and
Hadingtoun
.
Secondly
,
That
many
Ministers
thought
it
not
safe
to
stay
with
their
own
flocks
,
and
therefore
retired
Northwards
,
some
to
one
place
,
some
to
another
.
Thirdly
,
None
could
at
that
time
travell
safely
on
the
South-side
of
Forth
without
a
Pass
from
the
English
,
which
was
not
easie
to
be
purchased
,
and
could
not
be
taken
without
suspicion
;
and
therefore
though
sundry
did
hazard
to
steal
through
,
yet
some
were
taken
prisoners
and
sent
back
,
as
sundry
Ministers
in
the
Presbyterie
of
Lithgow
.
4.
To
say
nothing
of
these
many
reproches
that
were
cast
upon
,
&
many
threatnings
that
were
used
against
sundry
of
the
opposers
of
Publick
Resolutions
,
by
the
Souldiours
in
their
journey
to
St.
Andrews
,
and
in
the
place
,
and
in
their
returning
from
it
,
all
of
them
were
before
that
time
declared
Enemies
both
to
Church
and
Kingdome
,
and
Laws
made
by
the
Parliament
,
and
Acts
issued
by
the
Commission
to
proceed
against
them
with
punishments
and
censures
;
and
doth
not
the
Author
in
this
his
Vindication
tell
us
,
that
therefore
the
Clerks
Papers
which
he
sent
to
the
Assembly
,
were
not
read
,
least
they
should
have
inferred
hazard
and
danger
to
him
;
if
then
he
had
been
there
personally
,
and
spoken
the
same
things
in
the
Assembly
that
he
wrote
unto
it
,
which
no
doubt
if
he
had
been
present
,
he
would
have
thought
himself
bound
in
Conscience
to
do
,
he
could
not
have
done
it
with
safety
,
and
yet
these
were
things
relating
to
the
Publick
Resolutions
.
All
these
things
being
put
together
,
do
make
it
to
appear
,
that
accesse
to
the
Assembly
wes
not
safe
,
but
full
of
hazard
and
danger
.
But
I
come
to
the
Author
his
Answers
,
and
in
order
thereto
,
desire
it
to
be
considered
:
First
,
That
as
the
want
of
integrant
parts
sometimes
may
be
so
great
,
that
it
doth
destroy
the
very
being
of
the
body
;
so
,
when
a
considerable
number
of
integrant
parts
are
wanting
,
it
renders
the
body
weak
in
its
functions
and
operations
,
and
drawes
along
with
it
many
other
inconveniences
.
I
doubt
not
but
the
Author
will
grant
,
that
the
number
of
Commissioners
coming
to
an
Assembly
,
may
be
so
few
,
that
they
cannot
make
a
lawfull
and
free
Assembly
;
as
upon
the
other
side
I
shall
willingly
yeeld
,
that
it
is
not
every
want
of
Members
constituent
,
that
makes
an
unfree
or
unlawful
Assembly
,
if
either
the
one
or
the
other
should
be
denied
:
As
two
or
three
Commissioners
might
make
an
Assembly
,
so
the
want
of
two
or
three
might
unmake
it
.
I
think
he
will
also
grant
that
when
many
Commissioners
are
absent
,
especially
not
negligently
,
but
upon
relevant
causes
that
it
is
not
fit
to
adjourn
it
till
another
time
,
then
to
proceed
to
constitute
themselves
or
act
as
an
Assembly
.
So
our
Worthy
Reformers
adjourned
the
Assembly
1568.
from
Decemb.
25.
to
Feb.
25.
because
many
were
absent
by
reason
of
the
troubles
of
the
time
:
and
upon
the
same
ground
the
Assembly
1569.
was
adjourned
from
February
to
March
,
from
Sterling
to
Edenburgh
.
And
if
the
Meeting
at
S.
Andrews
had
been
pleased
to
read
and
condescend
unto
the
Supplication
that
was
offered
to
them
under
the
Hands
of
many
Brethren
for
an
adjournment
before
their
Constitution
,
there
had
been
no
cause
for
these
Debates
.
2.
It
seems
to
be
yeelded
by
the
Author
,
that
wher
it
can
be
demonstrated
that
a
good
many
Commissioners
are
absent
,
for
want
of
timous
advertisment
,
concerning
the
time
and
place
of
the
Assembly
,
there
is
cause
upon
that
ground
to
except
against
the
Assembly
,
as
not
free
and
lawful
.
And
the
Assembly
at
Glasgow
did
put
it
above
question
for
anulling
the
pretended
Assemb.
at
Lithgo
1606
&
that
at
Aberdeen
1616.
And
is
it
not
equivalent
to
this
,
if
by
reason
of
external
force
Presbyteries
after
advertisment
given
unto
them
cannot
meet
and
choos
their
Commissioners
,
or
if
those
who
are
chosen
cannot
come
because
of
force
keeping
them
back
,
What
is
the
cause
why
undue
advertisment
of
many
Presbyteries
and
Bu●ges
makes
a
nul
Assembly
?
Is
it
not
because
many
of
these
who
are
in
a
capacity
to
send
Commissioners
,
are
by
an
invincible
impediment
kept
back
from
doing
of
it
;
and
hath
not
this
also
place
in
the
other
case
?
If
Presbyteries
neglect
to
chuse
Commissioners
,
or
if
they
being
chosen
shall
neglect
to
come
,
that
alters
the
case
and
puts
the
fault
wholly
upon
them
who
neglect
their
duty
,
but
if
they
be
k●pt
back
by
violence
from
without
●t
is
equal
to
their
not
being
advertised
at
all
,
or
their
not
being
timously
advertised
;
or
if
they
cannot
chuse
,
or
being
chosen
cannot
come
,
to
what
purpose
is
the
advertisment
,
or
how
can
it
put
them
in
a
worse
case
then
if
they
had
not
been
advertised
,
or
not
timously
advertised
.
Though
the
Presbyteries
of
Orknay
and
Caithness
be
deduced
,
and
others
too
which
are
wanting
and
have
no
Commissioners
to
send
:
yet
if
the
Author
shal
be
pleased
to
consult
the
Rolls
of
the
Assembly
,
it
haply
may
be
still
found
that
nine
or
ten
Presbyteries
were
absent
,
and
thirty
Burroughs
if
not
above
:
for
these
of
Hamelton
who
came
afterwards
to
the
place
where
the
Assembly
was
siting
,
and
would
not
come
forward
,
as
they
came
thither
with
hazard
and
difficulty
,
so
did
they
not
think
it
a
duty
to
come
forward
,
being
convinced
of
the
nullity
of
the
Assembly
,
which
made
them
send
their
testimony
against
it
;
It
is
true
that
Commissioners
came
to
the
Assembly
,
betwixt
whom
and
the
place
of
the
Assembly
the
Armies
were
interjacent
,
and
from
severall
parts
besouth
Forth
;
but
it
is
as
true
,
that
some
comming
from
these
places
were
taken
prisoners
,
and
that
others
offered
not
to
come
from
home
as
being
hopelesse
to
passe
thorough
the
danger
,
bring
so
apparent
and
reall
,
which
it
seems
the
Author
hath
been
somewhat
convinced
of
,
when
he
speaks
so
mincingly
as
to
say
that
it
might
have
seemed
to
have
proceeded
of
negligence
,
rather
then
of
any
necessity
:
He
tels
us
that
Commissioners
came
not
from
Burghes
,
and
yet
Ministers
came
from
the
same
Burghs
,
but
that
proves
not
that
there
was
free
accesse
to
the
Commissioners
of
Burghs
who
stayed
away
;
to
say
nothing
that
there
was
few
Burghs
whose
Commissioners
were
absent
,
whose
Ministers
were
Commissioners
and
came
to
the
Assembly
;
I
know
not
any
Assembly
so
impeded
and
indangered
in
Ja.
Grahams
time
;
there
was
no
Assembly
that
sate
from
the
time
of
his
invading
the
Land
by
the
Irishes
till
the
time
of
his
defeat
except
one
,
and
that
sate
in
Jan.
at
which
time
he
was
not
reigning
or
raging
thorough
much
of
the
Country
,
but
was
forced
to
keep
himself
in
the
Highlands
,
and
in
the
places
of
the
Country
lesse
inhabited
,
whence
few
Commissioners
were
come
:
If
the
Author
prove
it
,
by
bringing
forth
the
Rolls
ot
both
Assemblies
,
that
as
many
were
absent
from
that
Assembly
if
not
more
,
then
it
shall
appear
that
he
had
just
cause
so
to
assert
;
but
until
that
time
he
will
give
us
leave
to
suspend
our
assent
to
the
truth
of
this
.
He
will
stil
have
the
Protesters
to
be
unfriends
to
former
Assemblies
,
and
to
be
teachers
of
Malignants
how
to
cast
them
as
null
upon
grounds
of
Conscience
;
but
the
Protesters
do
disclaim
them
for
Scollers
,
and
so
do
they
the
Protesters
for
masters
or
teachers
;
and
as
there
is
nothing
taught
by
the
Protesters
that
can
give
them
any
just
ground
upon
which
to
quarrell
or
cast
the
censures
of
that
Assembly
,
so
were
it
superfluous
for
them
now
to
be
at
the
pains
to
learn
it
,
seeing
the
Authors
and
abbettors
of
the
Publick
Resolutions
hath
eased
them
of
the
pain
of
this
censure
already
,
albeit
the
Rolls
of
this
Assembly
were
more
numerous
then
the
Roll
of
some
unquestionable
Assemblies
that
would
not
much
help
him
,
because
absents
from
this
Assembly
in
many
was
not
voluntary
,
but
by
want
of
free
accesse
,
but
so
doth
it
not
appear
to
have
been
in
other
Assemblies
,
and
whatever
the
Author
talks
of
the
Roll
of
this
Assembly
;
yet
I
believe
before
they
come
to
the
ratifying
of
the
Publick
Resolutions
which
was
their
great
businesse
,
they
were
but
a
thin
Meeting
,
many
of
their
number
having
left
them
,
some
out
of
discontent
and
dissatisfaction
with
their
proceedings
,
and
others
fearing
to
be
surprized
by
parties
of
the
English
:
As
to
the
Assembly
at
Aberdeen
,
in
which
there
was
but
twenty
persons
present
which
notwithstanding
is
owned
by
the
Church
of
Scotland
as
a
free
and
lawfull
Generall
Assembly
;
it
is
so
owned
as
that
these
who
met
being
lawfully
Commissionated
from
their
Presbyteries
,
and
having
met
at
the
time
and
place
appointed
for
holding
the
Assembly
,
are
accounted
sufficient
to
adjourn
the
Assembly
,
and
to
preserve
and
Vindicate
the
Liberties
of
the
Church
against
the
encroachments
that
then
were
made
upon
them
by
the
King
and
his
Commissioners
:
So
I
believe
the
Author
will
not
say
that
these
twenty
could
have
proceeded
to
make
Acts
of
Generall
concernment
to
the
whole
Church
of
Scotland
,
or
that
if
they
had
so
done
,
these
acts
would
have
been
authoritative
&
binding
.
What
the
Writer
speaks
of
want
of
freedome
,
in
regard
of
recesse
is
not
upon
any
emergent
after
the
down-sitting
or
close
of
the
Assembly
,
but
uppon
causes
known
at
the
time
when
the
Commissioners
should
have
come
from
home
,
and
therefore
he
doth
not
urge
it
as
a
relevant
Argument
apart
by
it self
,
but
joynes
it
with
the
want
of
freedome
of
accesse
,
and
it
is
very
agreeable
to
common
sense
for
men
to
think
that
Assembly
not
free
,
to
which
there
is
no
freedome
in
comming
to
exoner
their
Consciences
;
nor
any
freedom
in
going
after
they
have
done
it
.
He
justifies
the
confinement
of
the
Ministers
of
Sterline
.
In
this
particular
at
Sterline
1.
He
challengeth
the
Writers
passing
in
silence
,
these
Ministers
Protesting
against
the
Assembly
,
but
though
the
Author
think
this
wisdome
yet
I
hardly
believe
that
the
Writer
did
it
upon
deliberation
,
the
thing
being
so
manifestly
known
,
there
was
no
need
to
mention
it
;
The
Author
asks
the
question
,
whether
the
King
might
not
have
confined
these
men
,
without
any
imputation
to
the
freedome
of
the
Assembly
,
untill
he
had
been
informed
upon
what
ground
they
came
away
so
untimeously
.
It
seems
that
as
the
case
was
circumstantiat
,
it
could
not
well
be
done
without
an
imputation
of
the
freedome
of
the
Assembly
;
may
the
King
and
Committee
confine
every
one
who
comes
away
untimeously
,
untill
they
be
informed
upon
what
ground
they
come
away
,
illud
possumus
quod
Jure
possumus
:
But
where
is
there
such
law
,
for
censuring
these
by
confinement
that
come
away
untimeously
from
the
Assembly
;
but
it
seems
they
were
informed
of
the
cause
of
their
comming
away
,
otherwise
his
instance
of
the
Commissioners
of
the
Estates
at
the
Assembly
of
Dort
,
their
confining
of
the
Remonstrants
,
and
charging
them
to
bide
within
the
City
till
they
should
answer
to
the
Assembly
,
after
they
had
Protested
against
,
and
declined
the
same
,
will
not
make
much
to
the
purpose
to
justifie
the
confinement
at
Sterline
,
because
that
at
Dort
was
not
but
upon
certain
knowledge
and
information
of
the
fact
,
and
if
the
King
or
Committee
did
know
that
these
Ministers
had
Protested
,
how
doth
the
Author
insinuate
that
it
was
done
untill
they
should
learn
upon
what
ground
these
Ministers
came
away
,
or
whence
had
they
their
information
,
he
tels
us
the
truth
is
this
:
Upon
the
Protesters
deserting
the
Assembly
,
and
going
thorough
the
Army
towards
the
West
,
the
report
was
,
that
they
had
made
a
br●●l
in
the
Assembly
,
and
were
come
to
trouble
the
Army
,
and
hinder
the
Leavy
in
these
places
whether
they
were
going
:
But
to
say
nothing
that
he
either
wisely
or
carelesly
passes
over
this
,
that
they
were
going
to
their
own
homes
,
they
having
their
charges
and
stations
in
the
West
:
will
he
be
answerable
to
his
Readers
,
that
what
he
hath
told
in
this
is
truth
,
and
nackedly
told
;
I
doubt
he
can
,
and
that
it
be
but
a
devised
fancy
,
the
very
tearmes
whereof
seems
to
discover
he
vanity
of
it
,
and
that
he
had
told
more
of
the
truth
,
if
he
had
said
the
information
came
from
the
place
where
the
Assembly
sate
,
and
from
persons
who
had
an
oversweying
hand
in
it
;
I
shal
not
contradict
in
what
he
saith
:
That
so
soon
as
the
Assembly
heard
of
this
they
dispatched
to
the
King
,
who
presently
sent
them
to
their
own
homes
,
excepting
that
they
had
required
such
of
them
as
had
deserted
the
Assembly
to
return
to
it
,
and
answer
for
themselves
;
which
yet
he
cannot
say
was
certainly
done
,
till
he
may
inform
himself
about
it
;
I
wil
tell
him
somewhat
in
this
particular
that
was
certainly
done
,
that
I
doubt
he
will
be
able
to
Vindicate
from
being
some
imputation
upon
the
freedome
of
the
Assembly
,
to
wit
,
that
whilest
these
Ministers
were
thus
confined
at
Sterline
,
the
Assemb.
did
cite
several
of
them
to
compear
before
them
at
Dundee
,
and
that
notwithstanding
that
their
confinment
was
not
taken
off
,
til
the
very
day
of
their
appearance
;
and
that
there
was
40.
miles
distance
between
the
place
of
their
confinement
,
and
the
place
where
the
Assembly
sate
;
yet
that
same
day
did
the
Assembly
,
to
whom
(
by
the
Authors
own
confession
)
their
confinement
was
known
,
proceed
against
them
,
and
sentence
them
,
some
with
deposition
,
and
others
with
suspension
from
their
Ministery
;
he
may
remember
that
they
were
cited
to
the
_____
day
of
_____
being
Tuesday
;
the
same
day
did
the
King
and
his
Army
depart
from
Sterline
,
and
not
till
a
litle
before
his
departure
did
he
take
off
that
confinement
as
can
be
testified
by
many
witnesses
;
as
to
the
Authors
instance
of
the
Commissioners
of
the
Estates
confining
the
Remonstrants
at
Dort
,
it
doth
not
meet
with
the
present
case
.
First
,
because
to
say
nothing
that
the
Remonstrants
of
Dort
had
Protested
against
,
and
declined
a
lawfull
Assembly
,
which
the
Protesters
at
St.
Andrews
had
not
done
;
neither
yet
to
say
any
thing
,
that
I
can
finde
no
such
confinement
in
charge
as
the
Author
speaks
of
,
put
upon
the
Remonstrants
in
the
Printed
Records
of
that
Synod
;
these
Commissioners
had
certain
knowledge
and
information
of
the
matter
of
fact
,
but
so
had
not
the
King
and
Committee
of
Estates
.
Secondly
,
because
the
Protestation
and
declinature
at
Dort
was
now
judged
,
and
found
ir-relevant
,
and
the
Commissioners
themselves
being
present
,
but
not
so
in
the
other
.
VINDICATION
.
THe
third
Reason
according
to
the
order
of
the
Protestation
,
and
secondly
in
the
order
of
the
late
Paper
is
this
in
summe
:
that
the
late
Assembly
cannot
be
counted
a
free
lawfull
Generall
Assembly
;
because
relevant
exceptions
being
timeously
proponed
and
offered
to
be
instructed
and
verified
against
many
of
the
members
thereof
;
viz.
Such
of
the
late
Commission
as
had
hand
in
the
Publick
Resolutions
,
that
they
should
not
be
permitted
to
sit
and
Vote
in
the
Assembly
,
as
being
under
a
scandall
,
and
guilty
of
promoting
a
course
of
defection
,
and
untill
such
time
as
they
should
be
tryed
,
yet
it
was
refused
to
take
any
such
exceptions
into
consideration
,
until
they
should
be
tryed
and
discussed
.
For
clearing
&
confirming
this
argument
,
the
Writer
undertaks
upon
him
to
show
2.
things
:
1.
That
it
was
a
thing
incumbent
in
duty
to
the
Assembly
to
have
removed
from
their
Meeting
all
persons
under
scandall
(
though
some
being
known
to
them
)
untill
they
were
purged
thereof
.
2.
That
the
persons
objected
against
were
under
such
scandal
as
is
alleadged
,
for
the
former
he
alleadgeth
first
:
That
it
is
without
controversie
,
and
next
he
brings
four
things
for
the
proof
of
it
.
1.
The
light
of
nature
,
and
the
Word
of
God
,
but
names
not
one
passage
of
it
.
2.
Some
clauses
of
both
Covenants
,
the
desires
of
the
Commission
48
&
of
the
solemn
engagment
that
same
year
,
&
all
the
Remonstrances
for
purging
of
the
Armies
and
Judicatories
,
even
the
late
Papers
given
by
this
same
Commission
to
the
Parliament
at
Sterline
,
about
the
Act
of
Classes
,
for
removing
of
scandalous
persons
from
being
members
of
the
Judicatories
(
It
is
good
that
the
Writer
yet
even
in
this
heat
against
the
Commission
finds
something
right
in
their
Papers
,
but
he
tels
not
all
the
truth
that
he
might
have
done
here
,
in
their
Papers
they
held
forth
not
onely
scandalous
,
but
positively
all
such
as
were
not
qualified
should
be
debarred
from
being
members
of
Judicatories
.
3.
A
rule
and
order
set
down
in
the
Assembly
1562.
to
be
found
also
in
the
Assembly
1575.
1580.
1581.
and
exactly
keeped
for
above
20.
Assemblies
,
and
20.
years
to
order
;
viz.
at
the
entry
of
every
Assembly
:
The
first
work
is
to
be
about
purging
the
members
thereof
,
and
other
men
appointed
be
charged
to
declare
their
consciences
,
touching
their
Doctrine
and
life
,
and
execution
of
their
Office
,
if
therein
they
be
scandalous
,
and
it
is
appointed
,
that
any
to
whose
charge
any
thing
is
said
ought
to
be
removed
out
of
the
Assembly
,
untill
his
cau●e
be
tryed
,
and
if
he
be
convict
he
can
have
no
vote
untill
the
Kirk
find
satisfaction
.
4.
That
all
the
Assemblies
since
the
late
Reformation
began
38.
have
upon
the
objection
of
scandal
against
any
of
the
members
in
the
time
of
the
constitution
of
the
Meeeing
,
removed
these
members
untill
it
was
tryed
and
discussed
;
yet
in
this
sam●
Meeting
at
St.
Andrews
upon
the
objection
that
the
scandal
of
Blaketers
,
and
others
accessions
to
the
unlawful
engagement
was
not
sufficiently
purged
by
notification
and
approbation
of
their
repentante
in
the
Assembly
,
they
were
removed
from
being
members
,
and
the
Writer
magno
h●atu
bids
any
man
in
the
world
bring
a
reason
why
some
upon
such
exceptions
have
been
removed
,
and
others
against
whom
were
as
relevant
exceptions
admitted
;
for
the
other
particular
that
the
persons
objected
against
were
under
a
scandall
of
carrying
on
a
c●urse
of
defection
,
he
saith
that
it
is
manifest
,
not
onely
from
common
report
,
the
first
whereof
is
made
Deut
,
13.12
.
A
ground
of
search
,
and
the
other
a
ground
of
proceeding
against
the
incestuous
person
:
1
Cor.
5.
we
may
see
by
this
what
doom
the
late
Commissioners
likely
might
have
gotten
,
had
the
Writer
of
this
Paper
been
judge
,
excommunication
summary
from
this
Church
,
and
destruction
by
the
sword
from
the
Civill
Magistrate
,
such
considering
the
crime
he
charges
on
them
,
and
the
place
cited
is
not
only
hinted
at
(
but
blessed
be
GOD
that
so
illwilled
a
Cow
had
so
short
hornes
)
But
also
from
those
four
.
1.
The
stumbling
and
sad
complaints
of
the
godly
against
their
Proceedings
.
2.
The
testimonies
and
Letters
of
many
Presbyteteries
bearing
their
stumbling
and
dissatisfaction
with
the
same
.
3
,
The
clear
standing
Acts
,
Remonstrances
and
Declarations
of
former
Assemblies
,
unto
which
these
were
diametrally
opposite
.
4.
The
testimony
of
sundry
Brethren
in
the
Assembly
offering
to
prove
it
.
REVIEW
.
BEfore
I
come
to
the
discus●●●g
of
the
Authors
Answers
to
this
reason
,
I
cannot
but
take
notice
of
a
few
interlud●s
of
his
in
repeating
of
these
things
which
the
Writer
brings
in
for
clearing
and
con●●rming
of
it
:
First
,
these
words
of
h●s
for
the
former
,
he
alleadges
first
,
that
it
is
without
controversie
;
and
next
he
brings
four
things
for
the
proof
of
it
,
the
light
of
Nature
,
and
the
Word
of
God
,
but
names
not
one
passage
of
it
.
The
Writer
said
not
,
that
it
was
without
controversie
;
but
his
words
be
these
;
albeit
(
as
we
conceive
)
no
great
controversie
will
be
about
it
:
And
although
he
had
said
,
that
it
is
without
controversie
,
was
it
a
fault
to
bring
something
for
strengthening
assent
to
the
truth
of
it
.
That
he
named
no
passage
of
the
Word
of
God
was
,
because
he
took
it
to
be
lippis
&
tonsoribus
notum
amongst
Christians
,
that
an
Elder
should
be
blamelesse
,
and
of
good
report
.
A
second
is
,
That
it
is
good
that
the
writer
,
yea
even
in
this
heat
of
disputation
,
finds
something
right
in
the
Commissioners
Papers
,
out
that
he
tells
not
all
the
truth
.
The
Writer
desires
not
at
any
time
to
be
so
hot
against
the
Commission
,
as
not
to
acknowledge
and
commend
what
is
right
in
their
Papers
and
actings
;
and
why
should
it
be
made
a
matter
of
challenge
against
him
,
that
he
tells
not
all
the
truth
,
seeing
he
had
not
to
do
with
any
more
then
he
tells
;
his
point
was
to
tell
,
that
the
persons
under
scandall
,
ought
to
be
removed
from
the
Assembly
,
and
not
the
positive
qualifications
to
be
required
in
these
who
are
to
be
admitted
to
fit
a
Members
.
If
the
Author
think
that
that
can
contribute
any
thing
either
for
strengthening
what
the
Writer
intends
to
prove
,
or
for
clearing
of
the
Commission
,
he
doth
well
allow
it
to
be
told
.
Thirdly
,
These
words
of
his
,
The
Writer
magno
hiatu
bids
any
man
in
the
world
bring
a
reason
:
his
magno
hiatu
are
not
words
very
beseeming
that
sobernesse
and
gravity
that
becomes
a
man
of
his
place
and
parts
,
he
may
remember
that
he
useth
the
like
expressions
himself
;
all
the
world
(
saith
he
in
a
certain
place
of
his
Vindication
shall
not
be
able
to
clear
this
from
usurpation
;
and
is
there
not
need
of
as
wide
a
mouth
for
the
one
of
these
as
for
the
other
.
But
that
which
is
most
observable
,
is
the
strange
inference
which
he
drawes
from
the
Writer
,
citing
Deut.
13.12
.
to
prove
that
common
report
is
made
a
ground
of
search
:
1
Cor.
5.
to
prove
that
it
is
made
a
ground
of
proceedings
,
we
may
see
by
this
what
doom
the
late
Commiss
.
likely
might
have
gotten
,
had
the
Writer
,
of
this
been
Judge
,
Excommunication
summarly
from
●his
Church
and
destruction
by
the
Sword
from
the
Civill
Magistrate
,
considering
the
crime
he
charges
on
them
,
and
the
place
cited
is
not
onely
hinted
at
,
(
but
blessed
be
God
that
so
ill-willed
a
Cow
had
so
short
horns
)
but
also
from
the
2.
Thess.
3.11
.
The
Author
told
us
above
,
that
he
is
not
given
to
be
jealous
,
but
this
favours
too
too
much
of
jealousie
,
and
of
the
want
of
Charity
,
which
thinketh
not
evill
.
I
would
fain
know
from
what
Topick
he
wil
(
from
all
that
the
Writer
hath
said
)
frame
a
probable
argument
,
that
it
is
like
,
that
if
the
Writer
were
Judge
,
the
Commissioners
doom
would
be
summar
Excommunication
from
this
Church
,
and
destruction
by
the
Sword
from
the
Civill
Magistrate
:
I
know
him
to
be
a
man
that
hath
good
ability
in
argumentation
,
but
it
will
surpasse
all
his
ingyne
,
by
any
probable
consequence
,
to
infer
this
conclusion
from
the
Writers
citing
of
these
places
of
Scripture
,
to
prove
that
common
report
is
made
a
ground
of
search
and
proceeding
;
and
I
am
confident
,
that
as
he
shall
not
be
able
to
bring
any
probable
evidence
of
what
he
hath
alleadged
,
so
also
that
it
did
never
enter
into
the
Writers
heart
to
have
such
a
thought
.
VINDICATION
.
THus
far
the
Writer
;
So
we
have
now
before
us
at
one
view
this
Argument
so
operous
and
large
,
as
full
and
strong
as
it
could
be
made
,
to
which
a
very
short
answer
might
be
made
;
for
all
hangs
upon
this
,
that
the
late
Commissioners
were
under
a
scandall
of
carrying
on
a
course
of
defection
,
and
this
hangs
necessarily
upon
the
third
particular
last
mentioned
,
which
the
Writer
onely
dictats
magisterially
we
deny
,
which
alone
layes
the
whole
argument
in
the
hollow
,
and
suspends
assent
to
the
conclusion
thereof
,
untill
the
Writer
shall
in
a
new
Edition
follow
out
his
Argument
,
and
make
that
particular
good
,
which
he
shall
never
be
able
to
do
:
But
for
clearer
satisfaction
to
all
honest
Christians
about
this
matter
,
we
present
this
consideration
in
answer
to
this
argument
.
1.
The
very
like
accusation
&
exception
came
into
the
Assem
.
48
,
from
the
very
Parliament
,
against
the
Members
of
their
Commissioners
,
who
were
Commissioners
to
the
Assembly
,
and
yet
after
a
long
and
serious
debate
,
it
was
found
(
by
none
more
then
our
present
Protesters
,
and
concluded
that
none
of
them
could
be
removed
from
sitting
in
the
Assembly
,
and
voting
in
other
matters
untill
their
proceedings
were
first
heard
and
tryed
,
when
the
Writer
,
shall
shape
an
answer
to
justifie
the
Constitution
of
that
Assembly
,
notwithstanding
this
that
was
●one
,
then
we
doubt
not
but
it
shall
_____
the
late
Assembly
;
so
we
see
that
it
is
contrary
to
the
truth
which
the
Writer
alleadgeth
in
answer
to
the
first
Objection
against
this
Argument
,
when
he
sayeth
,
that
though
it
be
true
,
that
the
Members
of
the
Commission
have
been
allowed
to
sit
untill
their
Proceedings
were
tryed
and
judged
,
yet
that
is
as
true
,
that
such
Objections
and
exceptions
being
proponed
,
was
never
rejected
.
We
have
given
a
fresh
and
recent
instance
to
the
contrary
what
he
addeth
there
,
viz.
that
since
the
late
Reformation
,
there
was
no
cause
to
propone
such
thing
;
the
Commissioners
til
this
year
,
having
carryed
themselves
faithfully
,
we
grant
the
former
did
carry
themselves
faithfully
,
and
that
there
was
no
just
cause
of
proponing
that
exception
against
the
Commission
48
;
and
we
affirm
,
that
the
Commission
51
,
carryed
themselves
faithfully
,
and
that
there
was
no
just
cause
of
proponing
that
exception
against
them
which
the
Protesters
made
,
but
whether
it
was
so
or
otherwayes
in
reipsâ
in
the
very
deed
it self
,
since
both
exceptions
at
the
time
they
were
made
,
were
alike
to
the
Assembly
,
and
therefore
(
to
borrow
the
word
of
the
Writer
we
desire
any
man
in
the
world
to
bring
a
reason
why
the
one
Assembly
should
be
condemned
for
rejecting
such
an
exception
before
the
proceeding
of
the
persons
excepted
against
,
were
tryed
and
judged
when
as
the
other
Assembly
which
rejected
the
like
exception
is
maintained
.
But
good
Reader
,
look
forward
upon
the
Writers
following
of
his
Answer
to
the
Objection
mentioned
,
and
see
a
mystery
,
and
judge
thou
,
if
it
be
not
of
iniquity
against
all
the
late
Generall
Assemblyes
of
this
Kirk
;
he
tells
us
of
an
Act
made
anno
1601
,
and
renewed
1648
,
and
sayeth
,
that
it
doth
necessarily
infer
,
that
the
Commissioners
of
a
former
Assembly
,
should
not
be
admitted
as
Members
in
the
succeeding
Assembly
,
although
there
be
no
scandall
or
exception
proponed
upon
their
proceedings
untill
they
be
tryed
,
much
lesse
when
a
scandall
or
exception
is
proponed
.
This
is
a
fair
blow
,
by
one
str●ak
given
to
the
late
Constitutions
of
all
the
Assemblies
of
this
Kirk
,
posterior
to
that
Assembly
at
Glasgow
,
without
exception
,
and
most
of
all
to
the
Assembly
48
,
for
in
all
of
them
,
Commissioners
of
the
preceeding
Assemblies
respective
have
been
admitted
to
sit
as
Members
,
before
their
proceedings
were
tryed
and
judged
,
and
in
that
Assembly
48
,
they
were
admitted
to
sit
,
notwithstanding
exception
being
made
against
their
sitting
by
the
supream
Civill
Power
of
the
Land
.
This
is
remarkable
,
that
the
Writer
,
to
the
effect
he
might
pull
down
the
late
Assembly
51
,
he
would
put
down
all
the
rest
with
it
.
But
the
truth
is
,
the
Writer
is
somewhat
rash
in
his
assertion
concerning
the
consequences
of
that
Act
mentioned
,
look
the
tenor
of
it
as
it
is
extant
in
the
Assembly
48
,
Sess.
6.
It
sayth
only
this
much
,
That
the
Commissioners
of
former
Assemblies
shall
give
an
accompt
of
their
proceedings
in
the
beginning
of
the
Assembly
,
before
any
other
matter
or
cause
be
handled
,
and
their
proceedings
to
be
allowed
or
dis-allowed
,
&c.
from
which
I
confesse
,
this
much
may
be
inferred
by
one
sticking
precisely
to
the
letter
of
the
word
,
that
after
the
Assembly
is
constitute
,
the
handling
of
all
other
matters
should
be
suspended
,
untill
the
Commissioners
proceedings
should
be
tryed
and
put
to
a
point
,
during
which
tryal
,
the
Commissioners
that
are
members
vi
materiae
,
must
be
removed
,
because
the
same
persons
cannot
try
their
own
proceedings
,
but
that
they
may
not
be
admitted
in
any
wayes
to
be
Members
of
the
Assembly
,
not
so
much
as
to
vote
in
the
Election
of
a
Moderator
,
(
which
was
the
thing
required
by
the
Protesters
)
cannot
be
inferred
from
thence
,
if
it
were
other
wayes
it
seems
strange
to
me
,
that
that
same
Assembly
48
,
which
did
renew
that
Act
,
did
at
the
same
very
time
,
admit
the
Commissioners
of
the
preceding
Assembly
(
sundry
of
the
present
Protesters
,
and
amongst
the
rest
,
none
more
then
the
Writer
of
this
Paper
,
and
the
suggester
to
him
of
this
consideration
,
being
chief
actors
in
the
busines
)
to
sit
as
Members
of
the
Astembly
,
before
their
proceedings
were
tryed
;
yea
,
and
to
vote
in
sundry
other
matters
during
the
time
of
their
tryall
;
and
that
whenas
there
was
exception
made
against
them
,
but
beside
this
retortion
of
the
Argument
,
which
the
Protesters
are
obliged
to
answer
.
REVIEW
.
ALbeit
the
Author
is
pleased
to
say
,
That
the
Writer
shall
never
be
able
to
make
good
,
that
the
Publick
Resolutions
were
diametrally
opposite
to
clear
standing
Acts
,
Remonstrances
,
and
Declarations
of
former
Assemblies
,
yet
he
,
or
some
others
in
his
room
hath
often
made
this
good
,
out
of
these
Acts
,
Remonstrances
,
Declarations
,
&c.
wherein
the
very
contradictory
of
the
Publick
Resolutions
,
is
clearly
set
down
upon
the
very
circumstantiat
case
of
defending
the
Cause
and
Countrey
against
forraign
Invasion
;
and
therfore
though
there
were
no
more
to
uphold
the
Argument
but
this
,
the
conclusion
thereof
may
safely
be
assented
to
,
without
any
new
Edition
of
the
Writers
in
following
his
Argument
:
I
am
glad
that
the
Author
is
brought
to
acknowledg
,
that
all
hangs
upon
this
,
and
doubts
that
some
of
his
friends
who
quarrell
at
sundry
former
Acts
,
Remonstrances
and
Declarations
,
as
not
knowing
how
to
reconcile
them
with
Publick
Resolutions
,
approve
him
in
this
.
He
would
remember
,
&
others
would
be
informed
,
that
in
the
beginning
of
the
Meeting
at
St.
Andrews
,
this
point
was
offered
to
be
instantly
verified
out
of
the
Records
of
the
Church
under
the
Clerks
hand
,
who
is
general●y
acknowledged
to
know
them
best
of
a●y
,
and
was
bound
by
his
place
and
particular
Acts
of
Assemblies
,
to
offer
them
unto
them
,
and
yet
they
could
not
be
heard
;
and
the
exception
being
relevant
in
it self
(
as
is
acknowledged
by
the
Author
)
and
rejected
when
offered
to
be
instructed
:
as
to
the
matter
of
fact
it
is
alike
as
if
it
had
been
proven
,
for
it
stands
for
proven
in
Law
,
as
to
the
Judge
who
refuses
to
admit
probation
to
be
instantly
produced
ex
actis
suis
.
To
his
first
particular
answer
I
reply
.
First
,
That
no
like
accusation
nor
exception
came
into
the
Assembly
1648
,
from
the
very
Parliament
(
or
any
other
)
against
the
Members
of
the
Commission
who
were
Commissioners
to
the
Assembly
;
neither
after
a
long
and
serious
debate
was
it
found
(
either
by
our
present
Protesters
or
any
others
)
and
concluded
that
none
of
them
could
be
removed
from
sitting
in
the
Assembly
,
and
voting
in
other
matters
,
until
their
proceedings
were
first
heard
and
tryed
.
There
was
in
the
Assembly
1648.
no
such
accusation
nor
exception
,
nor
debate
,
nor
conclusion
,
which
is
a
short
and
clear
answer
for
justifying
that
Assembly
,
and
for
vindicating
the
truth
of
that
which
is
alleadged
by
the
Writer
in
answer
to
the
first
Objection
,
to
wit
,
That
such
exceptions
being
propounded
,
were
never
rejected
;
and
doth
withal
give
a
clear
reason
why
the
one
Assembly
should
be
condemned
,
though
the
other
be
justified
;
because
the
one
Assembly
rejected
so
releuant
an
exception
,
which
the
other
did
not
,
it
being
never
propounded
unto
them
.
In
all
this
business
the
Author
is
greatly
mistaken
,
and
(
whether
through
mis-information
,
or
how
I
know
not
)
doth
assert
that
for
a
truth
which
never
had
a
being
,
and
therefore
all
his
defences
built
upon
it
do
at
one
instant
fall
to
the
ground
.
The
story
which
as
it
seems
he
hints
at
in
the
48.
was
briefly
this
▪
In
the
year
1648.
the
Assembly
being
met
and
constituted
without
any
exception
propounded
or
mentioned
by
any
person
or
party
whatsoever
,
against
these
who
had
been
Members
of
the
former
Commission
,
and
were
now
Members
of
the
Assembly
,
after
they
had
sitten
five
or
six
dayes
,
as
is
evident
from
comparing
the
date
of
their
first
Session
with
the
date
of
the
Papers
after
mentioned
,
the
Committee
of
Estates
(
for
the
Parliament
was
adjourned
a
good
while
ere
then
,
as
is
evident
from
the
printed
Acts
therof
)
hearing
that
the
Assembly
were
now
gone
a
good
length
in
the
tryal
of
the
proceedings
of
the
Commission
,
sent
in
the
Earle
of
G●encarn
the
Treasurer-Depute
,
and
Archibald
Sydeserf
to
the
Assemblie
with
a
Paper
wherein
they
did
desire
,
1.
That
the
Assembly
would
be
pleased
to
appoint
some
of
their
number
to
meet
with
such
as
should
be
appointed
by
the
Committee
of
Estates
,
for
composing
of
mis-understandings
betwixt
Kirk
and
State
,
and
for
clearing
the
Marches
betwixt
the
Civil
and
the
Eclesiastick
Power
,
and
these
Questions
which
had
been
debated
betwixt
the
PARLIAMENT
and
the
COMMISSIONERS
of
the
GEN.
ASSEMBLY
.
2.
That
they
would
be
pleased
to
forbear
the
emitting
of
any
Declaration
,
either
to
this
Kingdom
,
or
the
Kingdom
of
England
,
relating
to
the
then
Engagement
and
proceedings
.
3.
That
before
the
General
Assembly
did
proceed
to
any
approbation
of
the
actions
of
the
Commissioners
of
the
former
Assemblies
,
that
in
these
things
which
might
relate
to
the
then
Engagement
,
and
to
these
Questions
that
had
been
debated
betwixt
the
Parliament
and
them
,
they
might
be
first
heard
.
In
order
to
these
desires
there
passed
several
Papers
betwixt
the
General
Assembly
,
and
the
Committee
of
Estates
:
But
in
none
of
these
is
there
any
Exception
propounded
by
the
Committee
of
Estates
against
any
of
the
Commissioners
of
the
former
Assemblies
,
nor
any
desire
thereupon
,
that
they
might
be
removed
until
these
Exceptions
should
be
tryed
and
discussed
:
But
all
the
Objections
and
Exceptions
they
speak
of
,
is
,
Objections
&
Exceptions
against
the
proceedings
of
the
Commission
in
reference
to
the
Engagement
,
which
though
they
were
a
good
while
waited
for
,
and
again
and
again
desired
,
yet
did
not
the
Committee
of
Estates
offer
one
tittle
of
particular
Objection
or
Exception
against
the
proceedings
of
the
Commission
in
the
matter
of
the
Engagement
,
before
the
tryal
and
approbation
of
these
proceedings
by
the
General
Assembly
,
much
less
did
they
offer
any
Objection
or
Exception
against
the
Members
of
the
Commission
,
who
were
Members
of
the
Assembly
.
The
Committee
of
Estates
did
afterwards
print
and
publish
very
sharp
and
reflecting
Papers
against
that
Assembly
,
and
their
Declaration
,
wherein
as
was
probably
conceived
,
they
had
the
help
or
some
very
able
Ministers
and
Lawyers
,
and
yet
in
all
these
they
do
not
so
much
as
once
insinuate
any
thing
of
this
kind
that
they
did
propound
such
an
Exception
against
the
Members
of
the
Commission
,
who
were
Members
of
that
Assembly
,
which
doubtless
they
would
not
have
omitted
if
any
such
thing
had
been
:
But
if
the
Author
will
not
trust
none
of
these
things
,
which
if
need
were
can
be
attested
by
many
who
were
eye
&
ear
witnesses
therto
.
To
the
effect
that
there
be
no
place
for
gainsaying
in
this
matter
,
I
have
set
down
after
the
close
of
this
Review
,
the
true
Copy
of
the
Papers
that
past
betwixt
the
Committee
of
Estates
and
the
General
Assembly
at
that
time
in
that
business
,
extracted
faithfully
out
of
the
Registers
of
the
Committee
of
Estates
;
against
which
no
flying
report
that
he
hath
heard
,
and
taken
impression
from
,
can
bear
any
weight
.
That
Mystery
of
Iniquity
which
the
Author
supposes
to
have
found
against
all
the
late
Gen.
Assemblies
of
this
Church
,
is
but
a
Mystery
of
his
own
very
groundless
and
uncharitable
fansie
,
wherein
he
may
haply
please
himself
,
but
brings
no
edification
to
his
Readers
,
nor
advantage
to
his
Cause
thereby
:
It
were
better
for
him
to
be
exercised
in
discovering
true
Mysteries
of
Iniquity
,
which
are
nearer
home
,
and
as
yet
a
vail
to
his
eyes
,
then
thus
to
stretch
his
ingyne
and
spend
his
time
to
find
a
knot
in
a
Rush
.
But
what
is
that
Mystery
?
The
Writer
tels
us
,
saith
he
of
one
Act
made
anno
,
1601.
and
renewed
anno
,
1648.
and
saith
,
That
it
doth
necessarily
infer
,
that
the
Commissioners
of
a
former
Assembly
should
not
be
admitted
as
Members
of
a
succeeding
Assembly
,
though
there
be
no
scandal
nor
exception
propounded
upon
their
proceedings
until
they
be
tryed
;
much
less
when
a
scandal
or
except
on
is
propounded
.
This
saith
the
Author
,
is
a
fair
blow
by
one
stroke
given
to
the
late
constitutions
of
all
the
Assemblies
of
this
Church
Posterior
to
that
Assembly
at
Glasgow
without
exception
,
and
most
of
all
to
the
Assembly
48.
for
in
all
of
them
Commissioners
of
the
preceding
Assemblies
respective
have
been
admitted
to
sit
as
Members
,
before
their
proceeeings
were
tryed
and
judged
;
and
in
that
Assembly
1648.
they
were
admitted
to
sit
,
notwithstanding
exceptions
being
made
against
their
sitting
,
by
the
Supream
Civil
Power
of
the
Land
.
But
if
this
be
candid
and
concludent
reasoning
,
I
desire
leave
of
him
to
discover
another
Mysterie
of
Iniquity
in
his
own
words
,
before
he
close
this
purpose
that
gives
as
great
a
blow
to
all
the
late
Constitutions
of
all
the
Assemblies
of
this
Church
since
the
38.
none
excepted
;
his
words
are
these
,
I
confess
that
thus
much
may
be
inserted
by
one
sticking
precisely
to
the
Letter
of
the
Act
,
That
after
the
Assembly
is
constituted
,
the
handling
all
other
matters
should
be
suspended
until
the
Commissioners
proceedings
be
tryed
and
put
to
a
point
,
during
which
tryal
the
Commissioners
that
are
Members
vi
materiae
must
be
removed
;
because
the
same
persons
cannot
try
their
own
proceedings
.
But
so
it
is
,
that
though
the
Letter
of
the
Act
and
vis
materiae
do
infer
these
things
,
yet
after
the
constituting
of
the
Assembly
,
Commissioners
of
all
the
preceding
Assemblies
respective
since
the
38.
have
been
admitted
to
sit
as
Members
of
the
Assembly
,
before
the
tryal
and
discussing
of
their
proceedings
:
Therfore
there
is
one
Mystery
of
Iniquity
in
the
Authors
words
,
which
pulls
down
all
these
Assemblies
of
the
Church
.
What
Mystery
of
Iniquity
imaginable
that
reaches
unto
the
pulling
down
of
the
Assemblies
can
be
found
in
the
Writers
words
,
but
this
,
That
these
Acts
1601.
&
1648.
do
cross
the
ordinary
practice
of
all
these
Assemblies
in
this
particular
,
concerning
the
trying
and
discussing
of
the
proceedings
of
the
Commissioners
,
or
that
the
proceeding
of
all
these
Assemblies
in
this
particular
have
not
been
agreable
unto
,
but
dissonant
from
the
Rule
holden
forth
in
these
Acts
:
And
doth
not
the
Author
yeeld
,
That
both
by
the
Letter
of
the
Act
,
and
vi
materiae
,
that
they
ought
to
have
been
removed
?
But
so
have
they
not
been
in
any
of
these
Assemblies
before
the
judging
of
their
proceedings
:
Doth
not
then
that
Mystery
of
Iniquity
work
in
him
,
as
well
as
in
the
Writer
?
But
he
tels
us
,
that
it
cannot
be
inferred
from
thence
that
they
may
not
be
admitted
in
any
waies
to
be
Members
of
the
Assembly
,
not
so
much
as
to
vote
in
the
Election
of
a
Moderator
,
which
was
the
thing
required
by
the
Protesters
(
if
he
had
dealt
fairly
he
should
have
said
,
which
is
the
thing
inferred
by
the
Writer
;
but
perhaps
he
saw
some
disadvantage
in
that
)
be
it
so
,
That
that
inference
cannot
be
made
from
thence
,
yet
may
this
inference
well
be
made
from
thence
,
That
after
the
chusing
of
the
Moderater
they
cannot
be
admitted
to
sit
and
vote
in
any
business
in
the
Assembly
before
their
proceedings
be
allowed
or
disallowed
,
and
that
if
they
be
admitted
before
that
time
,
these
Acts
of
the
Assembly
are
clearly
crossed
and
contradicted
,
which
being
done
by
all
these
Assemblies
since
38.
they
are
to
be
pulled
down
as
null.
When
the
Author
shal
extricate
himself
and
his
Readers
out
of
this
Mystery
of
Iniquity
,
he
shall
also
help
the
Writer
how
to
clear
himself
of
the
other
.
The
truth
is
,
though
there
hath
been
some
crossing
between
these
Assemblies
and
the
practice
of
the
Assembly
since
the
38.
both
the
one
way
and
the
other
,
by
the
sitting
of
the
Commissioners
of
the
former
Assembly
,
not
only
till
the
Assembly
was
constitute
and
in
the
choice
of
a
Moderator
,
but
also
afterwards
in
the
debating
and
voting
of
other
business
before
the
allowing
or
disallowing
of
their
proceedings
;
yet
doth
not
this
reach
any
blow
to
the
constitutions
of
these
Assmblies
,
because
the
Act
of
the
Assembly
1601.
till
the
year
1648.
was
almost
inter
non
cognita
,
&
non
apparentia
;
yea
,
there
was
no
cause
to
urge
it
,
the
Commissioners
of
all
these
Assemblies
carrying
themselves
faithfully
,
and
not
being
under
any
scandal
or
any
exception
therupon
proponed
against
them
.
And
albeit
things
belonging
to
former
order
being
propounded
and
urged
(
especially
in
cases
of
consequence
upon
the
matter
)
cannot
be
past
by
,
unless
they
be
formally
repealed
;
yet
if
through
inadvertency
or
custom
they
come
to
be
omitted
,
there
being
no
particular
emergent
giving
occasion
to
urge
them
,
yet
doth
not
this
give
any
blow
to
the
Judicatory
wherein
these
forms
should
be
used
;
neither
doth
he
,
who
saith
,
that
their
own
Laws
prescribes
such
a
form
,
prove
guilty
of
any
Mystery
or
Iniquity
.
But
the
Author
insists
,
That
the
Assembly
48.
which
did
renew
that
Act
,
did
at
the
very
same
time
admit
the
Commissioners
of
the
preceding
Assembly
,
sundry
of
the
present
Protesters
,
and
amongst
the
rest
none
more
then
the
Writer
of
this
Paper
,
and
the
Suggester
to
him
of
this
Consideration
,
being
chief
actors
in
the
business
,
to
sit
as
Members
of
the
Assembly
,
before
their
proceedings
were
tryed
:
yea
,
and
to
vote
in
sundry
other
maters
during
the
time
of
their
tryal
,
and
that
whereas
there
was
exception
made
against
them
.
I
pass
his
rubbing
upon
the
Writer
of
the
Paper
,
and
I
know
not
that
Suggester
to
him
of
that
consideration
,
as
being
a
thing
ordinary
to
him
in
all
this
Debate
,
&
yet
little
either
for
his
own
honor
,
or
for
the
edification
of
others
:
I
think
these
now
are
not
ashamed
to
give
their
mutual
help
and
asistance
one
to
another
either
by
suggesting
or
digesting
as
God
hath
gifted
them
,
what
may
contribute
for
the
defence
of
the
Truth
.
But
sure
I
am
,
though
he
may
speak
his
fansie
,
and
vent
his
reflecting
conjectures
that
he
neither
knows
who
writ
the
Paper
,
or
if
any
,
or
who
suggested
that
consideration
to
him
,
or
what
their
acting
was
in
that
business
in
the
Assembly
48.
If
he
shall
take
into
consideration
the
circumstances
of
proceedings
in
the
Assembly
48.
which
revived
the
act
of
the
Assembly
1601.
he
will
not
need
to
think
it
strange
that
they
did
admit
the
Commissioners
of
the
former
Assembly
to
sit
&
vote
in
other
matters
before
their
proceedings
were
tryed
and
judged
,
because
the
motion
of
reviving
that
act
was
not
made
till
a
very
little
time
before
the
report
of
their
proceedings
by
the
Committee
of
the
Assembly
,
to
whom
the
inspection
of
the
Commission-Book
was
committed
:
any
who
looks
upon
the
acts
of
the
Assembly
will
find
,
that
the
act
1601.
was
revived
,
and
the
Commissions
proceedings
approven
both
in
one
day
,
the
one
in
the
fore-noon
,
and
the
other
in
the
after-noon
;
and
I
beleeve
that
he
shall
not
find
that
in
the
interval
betwixt
these
two
Acts
,
any
thing
was
voted
in
the
Assembly
.
He
insinuates
,
as
if
at
that
time
there
had
been
a
debate
about
the
removing
of
the
Commissioners
,
upon
exception
made
against
them
;
but
in
this
he
is
mistaken
still
:
There
was
no
exception
made
against
them
,
nor
any
debate
thereupon
,
as
we
have
already
cleared
.
If
it
be
asked
,
what
then
was
the
reason
of
reviving
the
Act
1601.
the
reason
was
,
because
the
Committee
of
Estates
did
the
day
before
the
report
made
of
the
proceedings
of
the
Commission
)
desire
that
the
Assembly
would
not
proceed
to
the
approbation
of
these
proceedings
before
they
might
be
heard
in
these
things
that
did
relate
to
the
Engagement
(
as
we
have
already
shown
)
And
the
Assembly
knowing
that
this
was
but
a
shift
to
gain
time
,
and
to
devide
the
Assembly
,
as
they
thought
fit
to
call
the
Committee
,
if
they
had
any
new
Objections
against
the
proceedings
of
the
Commission
,
or
only
the
same
Objections
made
by
the
Parliament
or
their
Committees
before
;
and
upon
the
Reply
of
the
Committee
of
Estates
,
that
they
had
just
and
material
Exceptions
,
besides
any
formerly
made
,
to
continue
til
the
next
day
at
10.
hours
,
and
to
appoint
that
time
for
hearing
these
Exceptions
;
so
for
preventing
of
the
like
inconveniences
for
time
to
come
they
thought
fit
to
renew
the
Act
1601.
But
it
wonders
me
that
in
all
the
Authors
Answer
to
this
point
,
he
doth
not
so
much
as
once
touch
upon
the
parity
of
the
reason
brought
by
the
Writer
for
making
of
the
Act
in
the
Assembly
1601.
and
urging
it
in
the
Assembly
1651.
there
being
in
both
these
Assemblies
a
scandal
of
defection
upon
the
Commissioners
of
the
Kirk
;
upon
the
first
,
for
taking
upon
them
to
give
in
Petitions
to
the
Parl.
for
votes
in
Parlament
to
the
Ministers
that
should
be
provided
to
Presbyteries
,
as
representing
the
true
Church
of
God
,
and
being
the
Third
Estate
of
the
Realm
;
upon
the
latter
,
for
taking
upon
them
to
bring
in
the
Malignant
party
,
which
did
not
fal
out
(
nor
the
like
in
any
of
the
Assemblies
since
the
38.
)
and
therefore
there
is
no
reason
to
question
the
Constitution
of
these
Assemblies
,
for
not
proceeding
according
to
that
Rule
,
it
neither
being
urged
,
nor
there
being
any
cause
to
urge
the
same
.
VINDICATION
.
IN
the
next
place
to
come
to
a
more
direct
Answer
:
It
is
certain
,
That
every
propounding
of
Exceptions
or
Alleadgance
of
scandals
against
persons
,
and
offering
to
prove
them
,
is
not
sufficient
to
deprive
them
from
being
Members
of
,
or
sitting
in
the
General
Assembly
:
for
were
it
so
,
perverse
and
bold
men
might
return
and
disappoint
the
Church
of
all
Gen.
Assemblies
for
ever
:
this
the
Writer
of
the
late
Paper
acknowledges
in
answer
to
Objection
3.
against
the
present
Argument
and
therfore
he
proceeds
to
qualifie
the
Exception
which
may
be
sufficient
for
that
effect
,
by
setting
down
three
Conditions
requisit
in
it
,
wherein
●e
speaks
not
altogether
amiss
,
of
which
we
shall
make
our
use
(
we
hope
)
for
our
advantage
,
having
added
a
little
before
for
further
clearing
.
First
then
we
humbly
conceive
,
that
as
to
the
admitting
to
,
or
removing
from
sitting
in
the
General
Assembly
:
of
necessity
there
must
be
difference
acknowledged
betwixt
Exceptions
made
in
Presbyteries
or
societies
,
by
whom
Commissioners
are
chosen
to
a
General
Assembly
,
against
the
election
of
such
or
such
persons
,
nominated
to
be
Commissioners
,
and
the
Exceptions
made
in
the
Assembly
it self
against
such
as
have
been
chosen
by
Societies
from
whence
they
came
without
,
question
,
exception
or
contradiction
,
and
have
a
formal
and
regular
Commission
;
the
former●l
confesse
being
followed
,
and
being
presented
,
doth
suspend
persons
from
being
admitted
to
sit
as
Members
in
the
Assembly
,
until
the
exceptions
be
tryed
,
because
it
is
as
yet
under
question
whether
they
be
elected
and
commissionated
,
which
must
be
known
before
they
sit
as
men
clothed
with
authority
,
clothed
to
judg
,
but
the
other
cannot
alwaies
:
I
grant
it
may
and
ought
when
(
as
the
writer
qualifies
)
first
the
exception
for
the
matter
prima
fronte
appears
to
be
relevant
in
Law
,
an
evident
,
and
undoubted
fault
.
Secondly
,
that
for
the
truth
of
the
fact
in
application
to
the
persons
against
whom
it
is
made
there
be
a
scandal
of
some
presumptions
for
it
if
either
of
these
be
wanting
(
I
cannot
in
any
ways
accord
with
the
Writer
in
that
alternative
which
he
addeth
in
the
second
condition
,
or
som
offering
to
instruct
and
make
it
out
;
suppose
the
matter
be
relevant
clearly
in
Law
;
for
grant
that
,
and
still
the
abused
consequence
followeth
of
a
ready
way
made
for
perverse
and
bold
persons
to
disappoint
the
Kirk
of
all-Assemblies
for
ever
)
if
either
(
I
say
)
of
these
be
wanting
,
the
exception
is
not
relevant
to
remove
persons
from
sitting
as
Members
in
the
Assembly
before
the
Exception
be
tryed
and
judged
;
though
it
be
true
,
that
the
Assembly
being
constitute
,
the
exception
and
grounds
thereof
ought
to
be
tryed
with
all
convenient
diligence
and
expedition
which
was
offered
to
the
Protesters
in
the
present
case
and
debate
.
REVIEW
.
I
Do
humbly
conceive
that
the
Author
by
distinguishing
and
differencing
of
exceptions
made
in
the
Presbytery
,
and
exceptions
made
in
the
Gen.
Assembly
,
and
granting
that
the
first
doth
exclude
from
sitting
in
the
Assembly
,
but
not
the
last
,
except
where
the
exceptions
prima
fronte
,
at
least
are
relevant
in
Law
,
and
that
for
the
matter
of
fact
,
theirs
being
a
scandall
of
some
presumptions
,
doth
but
darken
a
clear
businesse
,
because
if
we
shall
take
the
same
exceptions
,
and
in
the
same
case
they
have
alwayes
ai●ke
force
to
exclude
persons
nominate
to
be
Commissioners
,
whether
they
be
first
proponed
in
the
Presbytery
at
the
time
of
the
election
,
and
afterwards
followed
in
the
General
Assembly
,
or
not
at
all
proponed
till
it
come
to
the
Assembly
:
All
exceptions
against
Commissioners
whether
made
in
Presbyteries
,
or
in
the
Assembly
,
may
conveniently
be
reduced
to
that
compasse
,
as
to
lye
in
somewhat
that
concerns
the
Commission
,
as
not
being
formall
and
regular
,
as
the
Author
speaks
;
for
if
we
take
a
formall
and
regular
Commission
in
all
the
causes
and
requisits
of
it
,
it
doth
comprehend
all
these
things
against
which
any
exception
doth
ly
;
but
for
the
better
understanding
of
the
businesse
,
it
is
to
be
considered
,
That
almost
all
exceptions
against
Commissioners
ly
in
one
of
these
,
either
because
they
are
Commissionated
by
these
who
have
no
power
,
or
because
the
elections
was
not
free
,
or
because
the
Commission
doth
not
contain
its
due
powers
;
or
because
the
persons
chosen
are
not
capable
to
be
Commissionated
;
now
let
us
take
exceptions
of
any
of
these
kinds
,
or
of
any
other
kind
that
may
be
instanced
besides
these
:
have
they
not
the
same
weight
,
being
proponed
primo
instanti
,
in
the
Assembly
,
as
if
they
had
been
at
first
proponed
in
the
Presbytery
,
and
afterwards
followed
in
the
Assembly
?
Hath
not
every
member
of
the
Assembly
liberty
before
the
Constitution
of
the
Assembly
to
propone
exceptions
of
all
or
any
of
these
kinds
,
as
well
as
any
person
in
the
Presbytery
,
or
comming
from
the
Presbytery
,
and
is
not
the
Assembly
without
reference
,
or
appeal
,
or
dissent
,
or
Protestation
made
in
the
Presbytery
primo
instanti
a
judge
competent
to
take
in
and
judge
these
exceptions
being
proponed
;
The
Author
gives
a
difference
,
to
wit
,
because
exceptions
of
the
first
kind
being
followed
and
presented
,
put
under
question
whether
they
be
elected
and
commissionated
,
which
must
be
known
before
they
fit
as
men
cloathed
with
Authority
;
but
to
passe
that
,
it
seems
to
be
insinuate
that
the
election
cannot
be
questioned
in
the
Assembly
,
if
it
hath
not
been
que●tioned
in
the
Presbytery
,
do
not
exceptions
of
the
last
kinde
put
in
question
whether
they
be
men
capable
of
authority
,
and
is
it
not
as
relevant
to
exclude
a
man
from
being
a
judge
,
that
he
is
not
capable
to
receive
authority
,
as
that
no
authority
hath
been
given
him
:
That
he
is
not
capable
to
be
elected
,
as
that
he
is
not
elected
,
that
he
is
not
rightly
Commissionated
,
as
that
he
is
not
Commissionated
at
all
;
notwithstanding
of
this
distinction
made
by
the
Author
(
which
for
my
part
I
see
little
or
no
less
of
in
this
matter
)
yet
he
grants
that
exceptions
,
at
least
prima
fronte
do
appear
to
be
relevant
in
Law
,
and
concerning
which
there
are
scandalls
of
presumption
as
to
the
matter
of
fact
,
are
relevant
to
exclude
persons
from
sitting
in
the
Assembly
,
till
they
be
first
tryed
and
judged
,
and
onely
denyes
the
third
branch
,
to
wit
,
That
it
is
enough
if
there
be
some
persons
offering
to
make
out
what
is
alleadged
;
in
order
to
which
,
I
would
first
ask
,
whether
upon
supposall
that
at
the
time
of
the
election
,
some
persons
of
the
Presbytery
offered
to
instruct
,
and
because
of
their
not
being
heard
there
,
had
afterwards
come
and
offered
it
to
the
Assembly
before
their
constitution
,
would
it
then
be
a
relevant
exception
to
exclude
them
from
sitting
till
it
should
be
first
tryed
and
judged
?
If
he
say
it
would
,
then
say
I
,
it
would
also
have
been
relevant
,
though
it
had
not
been
proponed
untill
the
Assembly
,
and
if
it
be
denyed
?
I
would
know
the
reason
of
the
difference
,
if
he
say
it
would
not
have
been
relevant
,
then
I
desire
it
to
be
considered
,
whether
the
offer
of
some
persons
undertaking
instantly
to
verifie
what
they
do
alleadge
;
be
not
of
as
great
weight
as
some
presumptions
of
the
fact
,
let
be
a
scandall
of
some
presumptions
of
the
fact
,
which
is
granted
by
the
Author
to
be
sufficient
,
if
the
matter
be
relevant
in
Law
:
But
granting
this
,
he
cannot
see
but
still
the
abused
consequence
followes
,
to
wit
,
the
making
a
ready
way
for
perverse
and
bold
persons
to
disappoint
the
Church
of
all
Assemblies
for
ever
.
Upon
supposall
that
there
were
some
occasion
given
hereby
to
fear
such
a
thing
,
yet
if
another
as
evill
a
consequence
do
more
probably
follow
upon
denying
this
:
That
is
remeadiless
corrupting
of
Assemblies
in
their
constitution
;
what
shall
be
done
in
that
case
?
That
this
consequence
will
follow
,
especially
where
the
exceptions
do
concern
many
,
and
leading
menare
,
is
of
a
more
common
and
universall
influence
,
appears
,
because
if
these
persons
be
admitted
to
sit
as
members
after
the
proponing
of
these
exceptions
,
before
tryall
of
them
,
there
can
be
no
regress
to
the
removing
of
them
afterwards
upon
that
ground
,
unless
we
say
that
the
Assembly
may
afterwards
undoe
that
which
formerly
they
did
approve
,
in
for●
contradictorio
,
and
that
those
that
were
once
found
members
,
notwithstanding
of
these
exceptions
,
yet
afterwards
by
the
same
exceptions
may
be
found
no
members
;
that
the
one
consequence
doth
more
probably
follow
then
the
other
,
appears
not
onely
from
this
,
that
it
is
not
ordinary
for
men
of
common
sense
and
reason
,
not
almost
for
the
most
perverse
and
irrationall
men
,
to
offer
that
to
a
Judicatory
,
against
their
constituent
members
,
which
they
have
no
probable
hope
to
verifie
;
but
also
from
the
doolfull
experience
of
this
Church
.
When
did
it
ever
fall
out
in
the
Church
of
Scotland
,
that
a
Generall
Assembly
was
disappointed
by
perverse
and
bold
men
,
offering
to
prove
exceptions
relevant
in
Law
,
but
fals
in
fact
against
the
constituent
members
thereof
?
who
can
give
any
instance
thereof
,
unless
men
will
bring
the
Assembly
51.
(
which
is
to
bring
the
thing
in
question
)
for
an
instance
:
But
upon
the
other
hand
,
the
admitting
of
men
to
sit
against
whom
such
exceptions
were
,
or
might
have
been
proponed
,
hath
been
one
of
the
main
causes
of
corruptions
of
Assemblies
,
and
defection
in
this
Church
,
as
is
known
in
the
time
of
the
Prelates
,
and
it
is
the
duty
of
wise
men
to
provide
most
against
that
which
ut
plurimum
is
their
danger
:
But
as
I
do
not
see
how
the
last
consequence
by
the
Authors
way
,
can
be
prevented
,
so
I
do
not
see
how
the
first
consequence
doth
follow
,
because
these
perverse
&
bold
persons
who
propones
the
exceptions
,
&
offers
to
verifie
them
instantly
,
doth
not
suppose
that
all
the
Meeting
to
whom
they
offer
the
exceptions
are
guilty
;
for
if
they
did
suppose
that
they
could
not
propone
any
exceptions
to
be
tryed
by
them
,
but
behoved
primo
instanti
to
decline
them
all
as
judges
,
reserving
the
verification
of
their
alleadgances
to
a
judge
competent
.
Now
if
they
do
thus
,
the
Assembly
is
not
disappointed
by
perverse
and
bold
persons
,
offering
to
verifie
exceptions
,
because
in
this
case
they
do
not
make
any
offer
of
verification
of
any
exception
,
before
that
Meeting
;
upon
the
other
hand
,
if
they
do
acknowledge
a
part
of
them
as
persons
competent
,
and
fitly
qualified
to
try
and
discuss
these
exceptions
which
they
offer
to
verifie
,
then
the
persons
against
whom
they
except
being
removed
,
and
the
exceptions
taken
in
,
and
cognosced
upon
,
according
to
the
verification
offered
,
they
are
found
either
true
or
false
;
if
they
be
found
false
,
the
Assembly
is
not
disappointed
,
but
may
proceed
to
its
Constitution
,
having
found
their
members
blamelesse
,
and
having
stopped
these
mens
mouths
.
If
the
exceptions
be
found
true
of
such
a
number
,
without
whom
the
rest
cannot
make
an
Assembly
,
there
is
a
great
advantage
in
stead
of
a
feared
disadvantage
,
that
is
the
prevention
of
a
corrupt
Meeting
,
constituting
themselves
in
an
Assembly
;
if
but
a
fewer
number
,
the
corrupt
are
removed
,
and
the
blamelesse
are
admitted
,
and
the
Assembly
goes
on
:
Besides
all
this
,
it
may
by
way
of
Commission
,
without
any
disadvantage
to
the
Protesters
cause
be
yeelded
to
the
Author
;
that
it
is
to
be
looked
to
that
the
Persons
offering
to
verifie
these
exceptions
be
not
perverse
persons
,
but
men
of
a
good
report
,
and
such
as
are
known
to
walk
honestly
,
and
not
to
act
upon
a
Principle
of
malice
or
il-will
against
the
persons
whom
the
exceptions
do
concern
,
all
which
was
true
in
the
Protesters
cas●
,
they
being
sundry
of
them
members
of
that
Meeting
,
to
whom
it
was
incumbent
ex
officio
to
propone
any
exception
consisting
in
their
knowledge
,
and
allowed
to
sit
as
Members
of
the
Assembly
(
a
priviledge
not
belonging
to
pervers
men
)
and
all
of
them
men
of
good
report
,
&
of
a
blameless
conversation
,
and
such
as
are
known
to
be
so
far
from
malinging
the
Commissioners
,
against
whom
they
did
except
,
that
they
then
had
and
stil
have
them
in
estimation
,
and
do
love
them
as
brethren
.
The
Author
yeelds
that
the
Assembly
being
constitute
,
the
exception
and
grounds
thereof
are
to
be
tryed
with
all
convenient
diligence
and
expedition
,
and
alleadges
that
this
was
offered
to
the
Protesters
in
the
present
case
and
debate
.
That
such
an
offer
was
made
,
I
shall
not
contradict
;
I
believe
it
was
so
,
but
to
pass
by
that
,
even
this
which
he
himself
thinks
reasonable
,
though
offered
,
yet
was
not
well
performed
,
because
most
of
the
time
that
the
Assembly
sate
,
was
past
before
that
exception
and
the
grounds
thereof
were
tryed
,
these
men
all
the
while
,
and
for
a
good
many
dayes
,
sitting
and
voycing
in
all
things
that
past
in
the
Assembly
,
even
in
these
things
that
did
concern
the
proponers
of
the
exception
:
The
Protesters
could
not
accept
of
this
offer
,
not
onely
because
it
did
suppose
their
sitting
in
the
Assembly
as
members
before
the
trying
of
the
exception
,
but
also
because
the
exception
was
not
an
exception
against
one
or
some
few
particular
persons
in
the
case
of
some
particular
or
personal
scandals
,
but
an
exception
of
common
concernment
to
many
in
things
relating
to
the
discharge
of
their
trust
in
the
Cause
.
VINDICATION
.
BVt
saith
the
writer
in
hand
(
both
these
were
clear
in
the
present
case
,
to
wit
,
the
exception
made
against
the
late
Commissioners
,
it
was
relevant
in
jure
,
if
there
be
any
relevancie
why
a
man
should
not
sit
in
the
Generall
Assembly
,
this
certainly
is
one
that
he
hath
betrayed
his
former
trust
,
hath
made
defection
from
the
Covenant
and
Cause
,
and
being
instrumentall
to
carry
on
a
course
of
defection
throughout
the
Kirk
and
Kingdom
,
and
as
to
the
truth
of
the
fact
,
in
reference
against
whom
the
exception
was
made
,
all
these
did
concur
a
flagrant
scandall
,
pregnant
presumptions
and
persons
in
the
Judicatory
,
offering
to
instruct
and
verifie
what
was
alleadged
)
by
this
the
Writer
believes
that
he
hath
cleared
as
with
a
Sun
beam
,
and
gained
his
point
,
but
we
hope
it
shall
be
made
to
appear
,
that
he
hath
left
the
matter
yet
in
the
mist
,
and
gained
never
a
white
.
It
s
true
indeed
that
for
Commissioners
to
betray
their
trust
,
to
make
defection
from
the
Covenant
and
Cause
,
&c.
is
in
jure
a
relevant
cause
to
exclude
any
man
from
sitting
in
the
Generall
Assembly
as
a
member
,
and
deserves
more
(
as
I
doubt
not
but
the
Writer
,
and
some
others
intended
the
challenge
of
it
against
the
Commissioners
for
more
)
but
that
the
Commissioners
for
the
matter
of
fact
had
betrayed
their
trust
,
&c.
There
might
have
been
and
was
indeed
by
some
spread
a
flagrant
scandall
,
but
there
was
no
flagrant
scandall
(
these
same
who
afterwards
accused
them
in
the
Assembly
)
I
mean
presumptions
objective
by
any
thing
they
did
though
there
was
presumptions
enough
in
some
men
against
them
,
and
as
for
some
persons
offering
to
instruct
it
,
that
is
to
little
purpose
to
argue
them
scandallous
,
but
the
great
sophism
in
this
whole
discourse
(
whereinto
I
will
not
determine
,
whether
out
of
inanimadvertency
or
willingly
the
Writer
hath
run
)
lyeth
in
this
,
that
the
main
and
principal
question
de
jure
,
which
should
have
been
cleared
to
the
effect
that
scandall
might
been
justly
charged
upon
the
Commissioners
,
was
not
the
Generall
or
thesis
,
whether
betraying
of
trust
or
making
defection
from
the
Covenant
and
Cause
,
if
it
be
such
a
fault
as
deserveth
exclusion
from
sitting
as
a
Member
in
a
General
Assembly
,
but
this
particular
hypothesis
,
whether
the
resolving
that
all
persons
in
the
land
,
excepting
such
as
are
notoriously
&c.
maybe
admitted
to
joyn
in
Arms
for
just
&
necessary
defence
of
the
Kingdom
,
when
otherwayes
there
cannot
be
Forces
had
otherways
in
warrantable
prudence
for
defence
of
it
,
item
resolving
that
the
time
of
civill
censures
inflicted
by
the
Parliament
upon
persons
accessory
to
former
malignant
courses
,
as
the
sinfull
Engagement
,
might
be
dispensed
with
and
taken
off
by
the
Parliament
,
with
this
provision
,
that
none
should
be
admitted
to
places
of
power
and
trust
,
but
such
as
are
qualified
positively
according
to
the
rules
of
the
Word
of
God
,
in
that
case
held
in
our
Solemn
Engagement
,
item
ordaining
Presbyteries
to
proceed
with
persons
formerly
guilty
of
malignant
courses
,
for
admission
of
them
unto
publick
repentance
,
in
a
way
conform
to
the
rules
set
down
by
the
Generall
Assembly
,
for
admitting
of
such
upon
testimonials
from
Presbyteries
,
bearing
satisfaction
given
by
them
conform
to
these
rules
;
whether
these
things
(
I
say
)
contains
defection
from
the
Covenant
&
Cause
,
&
consequently
doth
import
betraying
of
trust
in
a
Commission
intrusted
with
the
care
of
preserving
the
Covenant
and
Cause
;
this
is
a
question
in
jure
,
that
the
Writer
should
have
alleadged
to
have
been
clear
,
I
mean
in
the
affirmative
of
it
,
ere
he
alleadged
that
there
was
upon
the
late
Commissioners
,
a
scandall
of
some
presumptions
,
that
they
had
betrayed
their
trust
,
made
defection
from
the
Covenant
and
Cause
;
but
the
Writer
passeth
by
this
in
silence
.
Now
,
though
we
might
say
,
and
are
able
in
the
Lords
strength
to
make
it
good
,
that
these
things
contained
not
any
defection
from
the
Covenant
and
Cause
,
yet
now
we
shall
say
but
this
,
that
this
was
not
at
the
time
of
the
Protestation
clear
to
the
Assembly
,
because
as
yet
there
was
not
any
particular
determination
thereanent
in
former
Generall
Assemblies
,
wherefore
for
further
clearing
of
this
matter
that
we
are
upon
,
the
excluding
the
persons
chosen
by
their
Presbyteries
without
contradiction
,
to
be
Commissioners
from
sitting
as
Members
in
the
Assembly
upon
alledgance
of
scandal
against
them
,
it
should
be
observed
by
all
honest
and
ingenuous
Readers
,
that
when
the
imputation
of
scandal
upon
them
depends
upon
a
particular
hypothesis
,
which
at
least
is
questionable
,
and
the
very
point
of
controversie
betwixt
them
and
their
accusers
,
is
against
all
reason
and
equity
that
they
should
be
holden
to
be
under
a
presumption
of
scandall
,
untill
that
hypothesis
should
be
discussed
and
cleared
,
and
therefore
untill
that
be
done
,
the
Adversaries
alleadgeance
of
scandall
against
them
is
to
be
held
but
a
meer
alleadgeance
,
which
by
the
Writers
own
confession
is
not
a
sufficient
ground
whereupon
to
exclude
persons
from
being
admitted
to
sit
as
Members
in
a
Generall
Assembly
,
untill
their
cause
be
tryed
and
judged
.
REVIEW
.
I
Shal
pass
the
Authors
interludes
,
of
the
Writers
believing
that
he
hath
cleared
as
with
a
Sun
beam
,
and
gained
his
point
;
and
of
that
he
doubts
not
but
that
the
Writer
and
some
others
did
intend
to
challenge
for
more
;
and
that
there
was
a
flagrant
slander
spread
by
some
;
and
that
there
was
presumption
enough
in
some
men
;
and
come
unto
the
discussing
of
that
Sophisme
(
as
he
is
pleased
to
call
it
)
whereinto
he
will
not
determine
,
whether
out
of
inanimadvertencie
or
willingly
the
Writer
(
as
he
alleadges
)
hath
run
.
But
let
us
hear
what
this
Sophisme
is
;
The
main
and
principal
question
de
jure
(
which
should
have
been
cleared
(
saith
he
)
to
the
effect
that
scandal
might
have
been
justly
charged
upon
the
Commissioners
,
was
not
the
Generall
or
Thesis
whether
betraying
of
trust
,
and
making
defection
from
the
Covenant
,
&c.
be
such
a
fault
as
deserves
exclusion
from
sitting
as
a
Member
in
a
Generall
Assembly
;
but
this
particular
Hypothesis
,
whether
the
resolving
that
all
persons
,
excepting
such
as
are
notoriously
prophane
,
&c.
may
be
admitted
to
joyn
in
Arms
for
just
and
necessary
defence
of
the
Kingdom
,
when
otherwise
there
cannot
be
Forces
had
in
warrantable
prudence
,
sufficient
for
the
defence
of
it
,
&c.
If
the
right
stating
of
the
Hypothesis
were
the
thing
now
directly
in
question
,
it
were
needfull
to
consider
more
largely
of
the
Authors
stating
of
it
;
but
because
it
comes
in
on
the
by
,
I
shall
onely
desire
these
few
things
to
be
taken
notice
of
in
the
state
of
the
question
which
he
gives
;
first
,
That
it
doth
suppose
something
untrue
,
to
wit
,
That
Forces
(
in
warrantable
prudence
)
sufficient
for
defence
of
the
Kingdom
,
could
not
otherwise
be
had
,
unlesse
all
persons
in
the
Land
(
excepting
these
included
in
the
exceptions
set
down
in
the
answer
to
the
Quaere
)
were
brought
forth
.
If
we
may
suppose
,
that
Forces
equall
in
number
to
those
who
were
invading
the
Land
,
were
Forces
sufficient
in
warrantable
prudence
to
defend
the
Land
,
that
number
,
yea
the
double
of
it
were
to
be
found
be
North
Forth
,
(
to
speak
nothing
of
other
parts
in
the
Land
,
out
of
which
there
were
also
Leavies
made
both
of
Horse
and
Foot
)
though
all
the
persons
in
question
for
their
Malignancie
and
dis-affection
to
the
Cause
,
had
been
laid
aside
.
The
Forces
which
by
these
Resolutions
was
leavied
,
were
by
the
acknowledgment
of
all
who
knew
both
the
Armies
as
numerous
,
if
not
more
numerous
than
the
Forces
of
the
Adversaries
,
and
yet
the
Leavies
in
many
places
was
but
the
fourth
Fensible
man
,
and
in
few
or
no
places
beyond
the
third
;
whence
it
will
follow
,
that
either
the
two
part
of
the
persons
in
these
places
where
the
Leavies
were
made
,
were
such
as
did
fall
within
the
exceptions
contained
in
the
Commissions
Answer
to
the
Quaere
,
or
else
that
there
was
no
such
necessity
of
an
universall
coming
forth
,
as
was
allowed
in
that
Answer
,
and
that
therefore
the
necessity
that
was
alleadged
for
imploying
of
these
men
who
were
formerly
excluded
,
was
but
meerly
pretended
.
Secondly
,
That
there
were
no
such
Items
(
as
he
adds
)
in
the
Commissions
answer
to
the
Quaere
,
which
was
the
foundation
of
the
Publick
Resolutions
,
and
the
main
thing
in
debate
betwixt
the
Commission
and
the
opposites
of
these
Publick
Resolutions
;
The
first
Item
resolving
,
that
the
time
of
Civill
censures
inflicted
by
the
Parliament
upon
persons
accessorie
to
former
Malignant
courses
,
as
the
sinfull
Engagement
might
be
dispensed
with
and
taken
off
by
the
Parliament
,
with
this
provision
,
That
none
should
be
admitted
to
places
of
power
and
trust
but
such
as
are
qualified
positively
according
to
the
rule
of
the
Word
of
God
in
that
case
holden
forth
in
our
Solemn
Engagement
,
(
To
passe
by
the
way
of
carrying
of
it
,
which
was
palpable
and
obvious
to
the
whole
Land
)
was
not
added
until
the
Forces
were
almost
compleatly
leavied
,
and
the
bulk
of
the
Malignant
Party
brought
into
employment
,
and
places
of
power
and
trust
in
the
Army
.
The
second
Item
,
ordaining
Presbyteries
to
proceed
with
persons
formerly
guilty
of
malignant
courses
,
for
admission
of
them
into
Publick
repentance
,
in
a
way
conform
to
the
rules
set
down
by
the
Generall
Assembly
,
for
admitting
such
upon
testimonies
from
Presbyteries
,
bearing
satisfaction
given
by
then
,
conform
to
these
rules
,
was
not
at
all
included
in
the
Commissions
answer
,
neither
was
there
so
much
of
it
as
one
word
in
that
large
Warning
of
the
7.
of
Jan.
1651.
emitted
by
the
Commission
for
strengthening
of
that
Answer
,
and
when
anything
of
that
kind
in
latter
Warnings
,
Acts
and
Letters
came
to
be
added
,
was
alwayes
holden
forth
but
as
expedient
,
in
order
to
the
employing
of
these
men
,
but
never
was
pressed
in
any
of
these
Papers
as
a
necessary
duty
to
exclude
all
these
from
being
employed
for
defence
of
the
Cause
and
Kingdom
,
who
did
not
give
evidence
of
their
repentance
,
according
to
the
Acts
of
the
Generall
Assembly
;
nay
,
it
could
not
be
so
pressed
,
unlesse
they
had
destroyed
the
foundation
which
they
had
laid
in
their
answer
to
the
Quaere
,
and
in
that
Warning
.
The
truth
is
,
what
was
done
in
the
matter
of
repentance
,
in
order
to
the
employing
these
men
,
was
upon
the
stumbling
and
out-crying
of
many
against
the
Publick
Resolutions
,
as
they
came
first
forth
,
and
yet
so
as
the
first
ground
was
alwayes
holden
fast
as
to
the
matter
of
judgment
;
and
for
practice
,
the
businesse
was
hereby
rather
made
worse
before
the
Lord
,
and
to
the
point
of
guiltinesse
,
then
it
was
before
;
The
Commission
not
only
ranversing
former
Acts
made
by
themselves
for
excluding
these
from
the
Sacrament
of
the
Lords
Supper
who
were
in
the
rebellion
after
Dumbar
,
till
the
next
Generall
Assembly
,
and
making
new
Acts
for
receiving
of
them
;
but
receiving
promiscuously
such
as
came
unto
them
,
and
by
their
example
teaching
Presbyteries
to
do
the
like
,
by
which
was
produced
a
fearfull
mocking
of
the
Ordinance
of
God
in
publick
Repentance
,
which
no
doubt
hath
been
one
of
the
provoking
causes
of
the
Lords
wrath
,
to
draw
on
these
dreadfull
stroaks
wherewith
he
hath
again
smitten
our
Armies
and
our
whole
Land
.
But
to
the
hypothesis
it self
,
granting
to
the
Author
that
which
he
alleadges
,
that
this
hypothesis
was
not
clear
at
the
time
of
the
Protestation
,
because
as
yet
there
was
not
any
particular
determination
thereanent
in
former
Generall
Assemblies
.
First
,
I
doubt
of
that
assertion
of
his
,
That
when
an
imputation
of
scandall
depends
upon
a
particular
hypothesis
which
at
least
is
questionable
,
and
the
very
point
in
controversie
betwixt
them
and
their
accusers
,
it
is
against
all
reason
and
equity
,
that
they
should
be
holden
to
be
under
a
presumption
of
scandall
,
untill
that
particular
hypothesis
be
discussed
and
cleared
,
and
therefore
untill
that
be
done
,
the
adversaries
alleadgeance
against
them
,
is
to
be
held
but
as
a
meer
alleadgeance
,
upon
which
they
are
not
to
be
excluded
from
sitting
as
Members
in
the
Assembly
,
until
their
cause
be
judged
and
tryed
.
I
suppose
that
some
Commissioners
to
the
Assembly
should
object
against
other
Commissioners
that
had
comitted
murder
,
and
should
offer
instantly
to
verifie
the
same
,
and
desire
that
the
persons
against
whom
it
is
propounded
should
be
removed
from
sitting
as
Members
until
it
migbt
be
tryed
;
and
they
in
the
mean
time
should
say
,
that
it
was
true
,
they
had
taken
the
life
of
such
persons
,
but
in
their
own
just
and
necessary
defence
,
and
therefore
they
could
not
be
holden
under
a
scandal
of
murder
,
nor
be
thereupon
removed
from
sitting
in
the
Assembly
,
till
that
particular
Hypothesis
were
first
determined
:
Would
the
Author
think
it
a
wrong
done
to
these
persons
,
or
rather
a
duty
in
reference
to
the
constitution
of
the
Assembly
to
remove
them
t●●l
the
matter
should
be
cognosced
upon
?
2.
I
do
affirm
,
That
not
only
former
Assemblies
,
but
the
Assembly
1651.
did
remove
Commissioners
upon
Exceptions
propounded
against
them
,
the
grounds
wherof
was
not
yet
clearly
determined
in
Law
;
for
instance
,
The
Commissioners
of
the
first
Election
of
the
Presbyterie
of
GLASGOW
,
who
were
laid
aside
(
as
for
other
Reasons
,
so
also
for
this
as
one
,
in
foro
controdictorio
,
sustained
to
be
relevant
)
because
of
the
Exception
of
the
opposing
of
Publick
Resolutions
propounded
against
them
.
Next
,
Mr.
Robert
Cauden
Commissioner
from
the
Presbytery
of
Dunce
,
was
removed
upon
the
propounding
of
this
exception
,
that
there
were
but
three
or
four
Ministers
in
that
Presbyterie
to
chuse
Commissioners
,
all
the
rest
of
the
Churches
thereof
being
vacant
;
and
can
any
Determination
of
this
Kirk
be
produced
,
that
three
or
four
Ministers
in
a
Presbytery
,
where
the
rest
of
the
Churches
of
that
Presbytery
are
vacant
,
cannot
chuse
Commissioners
to
the
General
Assembly
.
3.
I
do
upon
the
ground
which
the
Author
himself
laies
down
,
prove
the
carriage
of
the
Commissioners
to
have
been
scandalous
,
and
such
as
did
minister
just
ground
of
excepting
against
them
,
why
they
should
not
sit
as
Members
in
the
Generall
Assembly
,
till
their
carriage
should
be
first
tried
:
my
Argument
is
this
,
Whosoever
Commissioners
of
the
General
Assembly
being
in
their
trust
and
carriage
in
the
Publick
Affairs
of
the
Kirk
limited
and
tyed
to
proceed
according
to
Acts
of
former
General
Assemblies
,
does
upon
the
accompt
of
the
discharge
of
their
trust
,
declare
many
godly
Ministers
in
the
Church
of
Scotland
(
till
then
of
unquestionable
integrity
and
faithfulness
in
the
work
of
GOD
)
to
be
Malignants
and
unfaithful
in
the
cause
,
&c.
and
requires
Presbyteries
to
censure
them
,
and
to
refer
and
cite
them
to
the
General
Assembly
,
because
of
their
opposing
of
Resolutions
taken
and
issued
by
them
,
concerning
which
there
is
no
particular
Determination
in
any
former
Assembly
:
They
give
scandal
and
offence
in
the
discharge
of
their
trust
,
and
may
justly
because
thereof
be
excepted
against
,
as
not
fit
to
sit
in
the
General
Assembly
as
Members
thereof
,
before
their
carriage
be
tryed
:
But
the
Commissioners
of
the
Assembly
1651.
who
were
Members
of
the
Commission
,
were
such
;
Ergo
,
&c.
The
assumption
is
clear
,
the
matters
of
fact
contained
therein
being
evident
from
their
own
Papers
,
and
that
they
were
not
warranted
by
any
Act
of
the
Assembly
so
to
do
;
is
the
Authors
own
ground
.
The
first
Proposition
I
prove
thus
:
Whosoever
so
far
transgresses
the
bounds
of
their
Commission
,
as
upon
the
accompt
thereof
,
to
declare
many
formerly
faithful
,
to
be
Malignants
,
unfaithful
,
and
ordains
them
to
be
censured
and
cited
,
when
they
have
no
warrant
thereby
so
to
do
,
gives
scandal
and
offence
in
the
discharge
of
their
trust
:
But
the
Commissioners
by
so
doing
did
so
far
transgress
the
bounds
of
their
Commission
,
&c.
Ergo
what
the
Author
will
here
answer
I
do
not
well
know
;
But
I
would
faine
have
him
to
tel
a
reason
why
the
Commission
dealt
so
sharply
with
many
godly
men
,
as
to
issue
such
Declarations
and
Warnings
against
them
,
and
to
appoint
them
to
be
censured
and
cited
,
and
to
stir
up
the
Civil
Magistrate
against
them
,
because
of
their
opposing
of
Publick
Resolutions
;
whilest
,
by
his
own
acknowledgment
,
there
was
,
as
yet
,
no
determination
of
the
Church
in
favours
of
these
Resolutions
,
or
against
the
opposers
of
them
:
I
thought
it
had
been
his
mind
that
the
Commission
could
not
censure
any
,
or
ordain
any
to
be
censured
for
opposing
Resolutions
of
their
own
,
not
yet
determined
nor
approven
in
a
General
Assembly
;
and
I
would
have
him
to
give
a
reason
,
why
he
accompts
it
against
all
equity
that
when
the
imputation
of
scandal
against
the
Commissioners
depends
upon
a
particular
hypothesis
,
which
at
least
is
questionable
,
and
the
very
point
of
controversie
betwixt
them
and
their
accusers
(
as
he
calls
them
,
though
unjustly
,
because
they
,
as
Members
of
the
Assemblie
,
were
doing
of
that
duty
which
is
common
and
competent
to
every
Member
of
the
Assembly
,
that
is
,
to
object
what
they
know
of
scandal
against
any
other
Member
,
that
the
Assembly
might
be
constituted
of
persons
rightly
qualified
)
they
should
be
holden
to
be
under
a
presumption
of
scandal
until
that
hypothesis
be
discussed
and
cleared
,
and
why
it
should
be
agreeable
to
equity
and
reason
,
that
upon
such
a
particular
hypothesis
,
which
at
the
least
is
questionable
,
and
the
very
point
in
controversie
betwixt
the
Commission
,
and
many
faithful
men
,
and
some
Synods
,
and
not
a
few
Presbyteries
in
the
Land
,
should
be
holden
not
only
to
be
under
a
presumption
of
scandal
,
but
also
such
as
did
deserve
to
be
publickly
declared
against
as
Malignant
and
unfaithful
,
and
appointed
to
be
censured
and
cited
:
It
seems
that
whilst
the
Author
reasons
thus
about
his
hypothesis
,
that
what
he
gains
one
way
he
loseth
another
.
I
see
not
how
by
his
questionable
hypothesis
he
can
defend
the
equity
of
the
Commissions
proceedings
in
their
Warnings
,
Remonstrances
,
and
Acts
against
these
who
were
unsatisfied
with
,
and
did
oppose
the
Publick
Resolutions
;
and
when
he
shall
do
it
,
I
hope
his
own
grounds
shall
help
the
Protesters
to
prove
the
equity
and
reason
of
removing
Commissioners
,
even
upon
supposal
that
it
was
but
a
questionable
hypothesis
.
4.
I
desire
to
know
of
the
Author
,
by
what
power
,
or
in
what
capacity
the
Commission
did
look
upon
them
,
to
determine
this
questionable
hypothesis
:
as
a
Commission
they
could
not
do
it
,
because
there
is
no
clause
in
their
Commission
that
gives
them
power
or
warrant
to
determine
any
point
of
Doctrine
not
formerly
determined
by
the
Church
of
Scotland
;
but
their
Commission
ties
them
in
all
things
to
walk
according
to
former
Determinations
,
Acts
and
Constitutions
of
General
Assemblies
;
and
I
think
he
will
not
say
that
by
vertue
of
any
other
power
or
capacity
they
either
did
it
,
or
could
do
it
.
The
Author
hath
by
his
own
confession
and
ground
,
brought
the
Commission
a
greater
length
in
the
exercise
of
their
power
,
then
ever
the
Gen.
Assembly
did
give
to
them
,
or
(
for
any
thing
I
know
)
did
mean
to
give
unto
them
,
that
is
,
To
determine
points
of
Doctrine
of
great
importance
and
consequence
;
as
to
the
security
of
Religion
,
and
of
the
Cause
and
Covenant
,
not
formerly
determined
by
this
Church
in
any
of
her
Gen.
Assemblies
,
&
upon
these
Determinations
to
declare
such
as
are
unsatisfied
with
,
and
do
oppose
the
same
,
not
only
to
be
censurable
,
but
also
appoint
them
to
be
censured
:
I
thought
if
any
thing
had
been
the
proper
work
of
a
Gen.
Assembly
this
had
been
it
.
But
more
directly
to
the
point
:
I
do
affirm
that
this
Hypothesis
,
the
Publick
Resolutions
determined
by
the
Commission
of
the
General
Assembly
1650.
and
issued
to
this
Kirk
in
their
Publick
Warnings
,
Letters
,
Remonstrances
&c.
do
contain
and
involve
a
course
of
defection
,
was
at
the
time
of
the
Protestation
clearly
determined
in
former
General
Assemblies
,
because
the
General
Assemblies
of
this
Kirk
had
often
before
that
time
determined
an
association
in
Councel
and
Armes
with
the
Malignant
partie
,
even
in
the
ca●e
of
the
defence
of
the
Kingdom
against
forraign
invasion
;
to
be
sinful
and
unlawful
,
as
will
appear
to
any
who
shall
be
pleased
to
read
the
Declarations
,
Warnings
and
causes
of
Humiliations
,
and
Publick
Papers
of
this
Church
these
years
past
;
and
particularly
the
Solemn
Publick
Confession
of
Sins
,
and
Engagement
to
Duties
;
and
the
Declarations
and
Warnings
issued
by
the
General
Assembly
1650
upon
the
English
invading
of
this
Land
:
But
these
Resolution
did
involve
such
a
Conjunction
,
because
they
did
involve
a
Conjunction
with
all
the
Subjects
in
the
Land
,
excepting
these
few
included
in
the
Exceptions
contained
in
the
Answer
to
the
Quaere
;
but
amongst
these
was
the
very
body
and
bulk
of
the
Malignant
party
,
who
are
by
these
Resolutions
allowed
to
be
taken
in
and
employed
in
the
defence
of
the
Kingdom
,
without
any
repentance
or
forsaking
of
their
malignant
waies
,
as
a
thing
necessarily
previous
to
the
employing
of
them
,
and
without
which
they
could
not
be
employed
.
These
were
the
things
which
the
Protesters
alleadged
and
offered
to
verifie
,
not
only
the
general
,
that
the
Commissioners
had
made
defection
from
the
Cause
and
Covenant
;
but
that
these
particular
Resolutions
concluded
and
carried
on
by
them
,
did
involve
a
defection
from
the
Cause
and
Covenant
;
this
(
I
say
)
they
offered
to
instruct
from
former
Acts
of
Assemblies
speaking
clearly
and
positively
there
anent
;
which
yet
were
refused
to
be
heard
by
the
Meeting
until
they
first
should
constitute
themselves
in
an
Assembly
including
these
Members
,
against
which
the
Exception
was
propounded
,
a
greater
imputation
upon
their
freedom
then
they
will
easily
wipe
off
.
VINDICATION
.
IT
is
known
that
the
Belgick
Remonstrance
in
the
Protestation
against
the
Synod
of
Dort
alleadged
a
matter
of
Scandal
against
the
most
part
of
the
Members
thereof
,
viz.
That
they
had
made
a
Schism
,
and
were
Schismatick
;
The
point
de
jure
in
thesi
,
That
Schism
was
a
foul
scandal
,
and
such
as
made
them
unfit
to
sit
in
that
Judicatory
as
Members
,
I
suppose
was
cleer
,
and
the
Remonstrants
brought
many
plausible
Presumptions
that
they
were
guilty
of
it
more
plausible
a
great
deal
then
this
Writer
alleadges
against
the
late
Commissioners
,
they
bring
Particular
instances
of
Facts
,
as
keeping
separated
Congregations
and
Presbyteries
from
the
Remonstrant
refusing
to
joyn
in
Prayers
or
Sacraments
with
them
:
whereas
our
Writer
alleadges
nothing
but
Generals
,
offence
of
many
godly
,
pregnant
presumptions
,
men
undertaking
to
instruct
,
&c.
But
here
was
a
Question
in
Hypothesi
,
Whether
it
be
a
schism
to
keep
separated
Congregations
and
Presbytries
from
,
and
to
refuse
to
joyn
in
Prayers
and
Sacraments
with
men
that
had
departed
in
their
doctrin
from
such
and
such
Articles
of
the
Doctrin
of
that
Reformed
Kirk
as
the
Remonstrants
had
done
?
And
therefore
these
Ministers
accused
by
them
,
could
not
be
held
as
under
scandal
of
Schism
,
or
Presumption
thereof
,
until
the
Points
in
Controversie
were
tryed
,
Whether
the
Remonstrants
Tenents
were
Erroneous
,
and
of
what
consequence
and
importance
they
were
;
and
until
then
,
the
Remonstrants
Challenge
of
Schism
against
them
could
not
be
reputed
but
a
meer
Alleadgance
.
I
know
other
things
were
Answered
to
this
Reason
of
that
Protestation
by
the
forrain
Divines
from
the
Members
themselves
in
Controversie
betwixt
the
one
and
the
other
;
but
it
may
be
evidently
perceived
in
sundry
of
their
judgments
upon
that
Protestation
that
they
had
all
one
Eye
to
this
that
we
have
said
.
Hence
is
it
that
of
the
judicious
Brittain
Divines
in
the
second
Branch
of
their
Answer
to
that
Accusation
,
Constat
haec
Synodus
ex
personis
nulla
censura
Ecclesiastica
notatis
nullo
publico
aut
legitimo
judicio
de
Scismate
convictis
unquam
aut
condemnatis
Protestatio
autem
Remonstrantium
facta
in
contrarium
vim
,
latae
sententiae
habere
non
debet
.
And
that
of
the
Nas●ean
Divines
Est
veneranda
&
sancta
haec
Synodus
Congregata
in
eum
finem
ut
doctrinam
Remonstranium
propositam
defensamque
audiat
,
ad
Dei
verbum
probe
examinet
de
ejus
veritate
vel
falsitate
pronunciet
eousque
igitur
sententiam
de
scismate
ejusque
authoribus
suspendendam
esse
sentiamus
.
So
say
we
,
The
many
businesse
of
the
late
General
Assembly
was
to
Hear
,
Try
,
and
Examine
the
Proceedings
and
Resolutions
of
the
late
Commissioners
whether
they
were
conform
to
the
Word
of
God
,
the
Covenant
,
and
Constitutions
of
this
Kirk
,
and
what
could
be
said
for
,
or
against
them
;
and
therefore
until
then
was
the
matter
of
Defection
objected
against
them
to
be
suspended
.
From
all
this
that
hath
bee
said
,
it
is
evident
,
That
seeing
the
Assembly
was
to
go
about
the
Tryal
of
the
Commissions
proceedings
with
all
convenient
expedition
,
it
is
no
wayes
a
relevant
exception
against
the
Freedom
and
Constitution
of
the
Assembly
that
they
were
admitted
to
sit
as
Members
notwithstanding
the
Exception
that
was
alleadged
against
their
sitting
:
And
as
for
the
same
Objection
,
it
was
so
far
from
sticking
upon
the
Protesters
themselves
at
first
,
That
Mr.
Andrew
Cant
with
the
good-liking
of
all
of
them
,
so
far
as
could
be
perceived
,
did
put
Mr.
Robert
Blair
,
and
Mr.
William
Ret
upon
the
List
of
Moderation
;
and
sundry
of
them
gave
their
Vote
to
Mr.
Robert
Blair
To
be
Moderator
,
Let
be
to
fit
as
an
ordinary
Member
of
the
Assembly
.
REVIEW
.
THis
Instance
which
the
Author
gives
of
the
Belgick
Remonstrance
in
their
Protestation
against
the
Synod
of
Dort
,
is
quite
differing
from
our
case
in
severall
respects
;
First
,
The
hypothesis
that
was
in
question
betwixt
the
Remonstrants
and
the
Anti-Remonstrants
,
whom
they
desired
to
be
removed
out
of
the
Synod
,
as
they
were
determined
in
the
Confessions
and
Catechismes
of
the
Belgick
and
other
Reformed
Churches
;
So
did
the
Anti-Remonstrants
which
were
Members
of
that
Synod
,
adhere
to
these
determinations
,
and
were
willing
that
their
Doctrine
should
be
judged
thereby
;
whereas
the
Remonstrances
did
decline
the
Doctrine
of
the
Belgick
and
Reformed
Churches
in
their
Catechismes
and
Confessions
,
and
do
require
it
as
one
of
the
Conditions
of
the
Synod
,
that
every
man
should
give
his
oath
,
that
he
should
have
no
regard
in
this
businesse
to
Confession
or
Catechisme
,
but
onely
to
the
Word
of
God
,
as
appears
from
their
own
words
,
which
be
these
;
Ideoque
quisque
sub
fide
juramenti
coram
Deo
sanctè
praestandi
promittat
se
non
respecturum
in
hoc
negotio
ad
Confessionem
Catechismum
aut
ullum
aliud
humanae
authoritis
scriptum
scriptoremque
,
sed
ad
solam
Scripturam
quae
pro
solâ
fidei
norma
haebetur
.
But
the
Commissioners
of
the
Generall
Assembly
,
as
they
do
deny
their
resolutions
to
have
been
formerly
determined
by
this
Church
,
and
so
upon
the
matter
do
handsomely
decline
to
be
judged
in
these
things
by
the
Acts
thereof
,
as
not
being
quadrant
to
their
case
:
So
do
they
cry
out
upon
the
opposers
of
Publick
Resolutions
,
for
citing
these
Acts
so
often
against
them
,
and
for
insisting
so
little
upon
the
Word
of
God
,
which
they
call
for
as
the
onely
rule
whereby
they
will
be
judged
in
these
things
,
to
be
determined
by
former
Assemblies
,
so
were
they
most
willing
and
desirous
,
that
they
and
the
Commissioners
in
their
judgments
and
actings
upon
these
things
,
should
be
judged
thereby
.
Secondly
,
The
Remonstrants
did
accuse
the
Anti-Remonstrants
of
Schisme
,
and
as
Schismaticks
most
unjustly
,
of
which
we
shall
give
the
reason
in
the
words
of
the
Brittain
Divines
then
in
the
Synod
;
Quia
ipsi
remonstrantes
recedendo
à
doctrinam
cemmuniter
recepta
,
initium
&
causatio
hujus
separationis
extiterum
,
nam
veritas
habetur
,
quod
â
primordio
in
Ecclesiâ
aliquâ
traditum
&
receptum
fuerit
,
erpor
reputatur
quod
postea
inducitur
,
donec
habito
legitimo
examine
&
Judicio
contrarium
concludatur
,
quo
etiam
accedit
quod
illi
dici
non
possunt
a
doctrinâ
Remonstrantium
recessisse
(
quod
in
schismate
praesupponendum
est
)
qui
illam
nunquam
receperint
sed
ab
initio
sibi
propositam
rejecerint
&
condemnârint
,
(
words
worthy
of
observation
in
order
to
the
whole
debate
upon
the
Publick
Resolutions
)
but
these
who
did
except
against
the
sitting
of
the
Commissioners
in
the
Generall
Assembly
,
upon
their
making
defection
from
the
Cause
and
Covenant
,
did
it
justly
,
because
of
their
departing
from
the
received
Doctrine
of
this
Church
,
and
the
bringing
in
of
new
and
strange
Doctrine
in
that
point
which
the
other
offered
to
verifie
.
Thirdly
,
The
thing
which
the
Remonstrants
did
desire
,
was
,
That
the
Anti-Remonstrants
should
be
removed
wholly
out
of
the
Synod
,
and
be
set
to
the
Bar
to
answer
as
guilty
of
Schisme
,
and
as
Parties
against
the
Remonstrants
in
this
business
;
and
hence
are
these
sentencet
of
the
Britain
and
of
the
other
Divines
which
are
cited
by
the
Author
,
But
the
thing
desired
by
these
who
excepted
against
the
Commissioners
,
was
not
that
they
should
be
removed
wholly
from
the
Assembly
,
or
holden
as
guilty
before
tryall
,
but
that
their
sitting
in
the
Assembly
might
be
suspended
untill
it
were
tryed
whether
they
were
guilty
,
yea
or
not
,
and
therefore
the
Author
in
citing
and
expounding
these
sentences
as
he
doth
,
hath
not
onely
done
wrong
to
the
Protesters
,
but
also
to
the
constant
received
Order
of
this
Church
in
the
constitution
of
her
Assemblies
,
because
if
these
sentences
be
exponed
not
onely
against
the
removing
wholly
out
of
the
Assembly
,
but
also
against
the
removing
of
them
for
a
time
till
they
be
tryed
,
then
have
all
the
Assemblies
of
this
Church
followed
a
wrong
method
,
who
did
ordinarily
upon
exceptions
proponed
,
remove
sundry
of
their
number
,
though
they
were
not
as
yet
convicti
nor
condemnati
;
and
though
they
did
suspend
their
sentence
about
removing
of
them
wholly
,
yet
did
they
not
suspend
their
sentence
about
removing
them
for
a
time
,
untill
the
exception
should
be
tryed
,
this
being
the
very
way
established
,
and
constantly
followed
in
all
the
free
and
lawfull
Assemblies
of
this
Kirk
for
keeping
of
her
Assemblies
pure
.
If
the
Author
will
not
admit
of
the
removing
of
any
till
he
be
convict
,
and
will
have
those
Divines
at
Dort
so
to
be
exponed
,
then
let
him
tell
us
how
he
will
reconcile
them
and
our
Church
in
this
particular
;
But
it
is
easie
by
the
answer
which
we
have
given
,
so
to
do
;
yea
,
it
is
manifest
from
the
whole
scope
of
the
business
at
Dort
,
that
these
Divines
speak
in
order
to
a
totall
removall
,
which
was
never
desired
by
the
Protesters
in
reference
to
the
Commissioners
.
But
let
us
turn
the
Schene
a
little
,
and
suppose
that
the
Belgick
Churches
had
chosen
and
sent
to
the
Synod
of
Dort
the
Remonstrants
as
their
Commissioners
,
and
that
the
Anti-Remonstrants
had
been
cited
before
the
Synod
,
and
had
proponed
as
an
exception
against
the
Remonstrants
sitting
in
the
Synod
,
that
they
were
under
a
scandall
of
erroneous
and
corrupt
doctrine
,
which
they
did
offer
instanily
to
prove
by
comparing
their
Doctrine
with
the
Doctrine
of
the
Belgick
and
Reformed
Churches
in
their
Confessions
and
Catechismes
,
and
thereupon
desired
that
they
might
be
removed
from
sitting
as
Members
in
the
Synod
,
untill
this
exception
were
tryed
:
Doth
the
Author
think
that
the
rest
of
the
Synod
,
would
or
could
in
reason
have
refused
to
grant
this
desire
.
From
all
these
things
I
hope
it
doth
appear
,
that
notwithstanding
of
any
thing
answered
by
the
Author
,
it
is
a
relevant
exception
against
the
freedome
and
right
constitution
of
the
Assembly
,
that
they
did
before
trying
of
the
Commissioners
proceedings
admit
them
to
sit
as
Members
of
the
Assembly
,
notwithstanding
of
the
exception
of
scandall
upon
them
timeously
proponed
and
offered
to
be
instructed
.
As
for
that
which
the
Author
saith
of
the
Protesters
suffering
Mr.
Andrew
Cant
with
good
liking
of
all
of
them
so
far
as
could
be
perceived
,
to
put
Mr.
Robert
Blair
and
Mr.
William
Reate
upon
the
List
to
be
Moderator
,
and
that
sundry
of
them
gave
their
vote
to
Mr.
Robert
Blair
to
be
Moderator
,
let
be
to
sit
as
an
ordinary
Member
of
the
Assembly
:
I
answer
,
There
were
many
of
the
Protesters
who
had
no
place
to
speak
in
making
of
the
L●st
,
as
not
being
Members
of
the
Meeting
,
and
I
believe
,
that
these
did
give
no
token
either
of
their
good
or
ill
liking
of
what
Mr.
Andrew
Cant
did
in
that
particular
:
These
who
voted
,
though
they
would
not
refuse
to
vote
in
the
election
of
a
Moderator
,
as
they
did
afterwards
for
some
time
in
other
particulars
,
not
yet
despairing
of
some
reasonable
satisfaction
to
their
desire
of
adjourning
the
Assembly
,
and
that
they
voted
to
Mr.
Rob.
Blair
,
as
one
of
the
most
pious
,
prudent
,
&
peaceable
of
that
way
,
there
being
none
else
upon
the
List
,
yet
did
they
vote
with
a
Protestation
;
and
though
they
had
made
no
Protestation
,
the
most
that
it
would
prove
,
were
this
,
that
from
loathnesse
to
be
heard
,
and
hopes
of
satisfaction
in
a
peaceable
way
,
they
went
further
with
the
Assembly
,
then
adhering
strictly
to
their
right
they
should
have
done
,
and
(
I
believe
)
a
passionate
desire
of
peace
did
also
move
Mr.
Andrew
Cant
to
put
these
men
upon
the
List
,
though
afterwards
when
it
could
not
be
obtained
without
prejudice
to
the
truth
,
he
saw
good
cause
to
Protest
against
the
Assembly
,
as
not
free
,
and
as
unlawfull
.
VINDICATION
.
AS
for
the
particulars
contained
in
the
Writers
large
prosecution
of
this
Argument
,
we
shall
not
need
to
insist
much
upon
them
,
nor
yet
will
we
follow
him
in
Answers
to
his
Objections
,
onely
somwhat
briefly
to
some
particulars
;
and
first
what
is
alleadged
from
the
Assembly
1562
,
80
,
81.
First
it
had
been
good
the
Writer
had
set
down
the
very
Acts
,
related
in
their
full
and
formar
words
,
that
we
might
have
seen
,
(
for
every
one
of
us
are
not
keepers
of
the
Registers
,
nor
have
Copies
of
them
beside
us
)
whether
they
meaned
all
persons
against
whom
any
scandal
was
alleadged
,
should
be
removed
even
before
the
Assembly
be
constitute
into
a
Judicatory
,
which
was
the
thing
pretended
by
the
Protesters
,
and
because
not
done
,
was
the
ground
of
the
quarrell
;
for
we
see
not
this
by
any
thing
that
is
brought
here
.
Secondly
,
we
suppose
it
could
not
be
the
minde
of
these
Assemblies
,
that
alleadgeance
of
scandals
against
persons
,
should
be
a
cause
to
remove
them
from
sitting
in
that
Assembly
as
Members
altogether
,
unlesse
the
scandall
were
clear
and
unquestionable
,
for
the
point
de
jure
,
and
so
their
appointment
comes
not
home
to
our
present
case
.
Next
,
for
the
grounds
brought
to
prove
,
that
the
Commissioners
were
under
scandall
of
defection
;
first
we
grant
that
hearing
of
a
common
report
may
be
a
ground
of
enquiry
concerning
a
matter
of
scandall
;
but
this
was
not
refused
about
the
present
case
in
question
.
Secondly
,
As
for
that
cited
from
the
1.
Cor.
5
,
1.
that
proceeding
ordered
there
,
was
an
order
to
present
c●nsure
;
so
we
may
see
that
the
Brother
that
writeth
this
,
is
of
that
minde
,
that
the
Commissioners
upon
that
common
report
which
he
alleadgeth
to
have
been
passing
upon
them
,
should
have
been
without
more
ado
sentenced
to
censure
,
Good
Sir
,
hold
your
hand
,
for
my
part
I
cannot
wonder
enough
that
he
should
have
alleadged
from
the
Apostles
words
so
generally
without
any
qualification
,
that
common
report
may
be
a
ground
of
present
sentence
against
persons
,
as
he
doth
here
certainly
this
ought
to
have
been
wel
qualified
and
limited
,
otherwayes
a
wide
door
is
opened
to
injustice
and
undoing
the
innocent
and
guiltless
men
;
for
,
cannot
one
or
two
,
or
some
few
ill
tongues
spread
an
ill
report
of
very
honest
men
,
and
how
easily
shall
that
report
become
common
,
if
that
of
the
Poet
be
true
,
as
it
is
most
certainly
,
Fama
malum
quo
non
aliud
velociùs
ullum
,
Mobilitate
viget
,
v●resque
acquirit
eundo
.
Therefore
a
common
report
that
may
be
ground
of
so
short
and
summary
proceeding
,
must
be
such
as
first
is
of
a
matter
that
in
point
de
jure
is
clear
and
unquestionably
a
scandall
.
Secondly
,
For
the
fact
in
a
manner
universall
,
uncontrolled
either
by
the
party
,
or
any
that
hath
best
and
nearest
notice
of
his
actions
,
both
were
in
that
matter
of
the
Corinthian
,
the
matter
was
in
jure
clearly
a
hainous
cryme
,
Incest
,
viz.
having
his
fathers
wife
,
and
for
the
fact
,
the
Report
that
had
come
to
Paul
was
such
as
we
have
said
,
omnino
anditur
,
as
the
Arab
interpreter
marked
by
Beza
hath
it
,
passim
&
in
tota
achaia
;
and
another
interpreter
on
the
same
place
in
Marlorat
q.d.
Sine
negatione
sine
tergiversatione
non
dubius
est
rumor
sed
res
manifesta
,
passim
cum
magno
offendiculo
publicata
.
In
the
present
case
in
hand
,
both
conditions
were
wanting
,
the
matter
was
not
clear
de
jure
in
the
main
question
of
it
;
its
report
was
not
so
common
as
the
contradiction
thereof
.
3.
the
offence
and
stumbling
of
the
godly
,
at
the
Proceeding
of
the
Commissioners
might
have
been
,
and
was
indeed
not
given
by
these
Proceedings
of
themselves
,
but
caused
and
born
upon
them
by
the
information
,
and
mis-representation
of
them
,
by
some
of
the
same
persons
who
are
the
alleadgers
and
accusers
,
and
will
be
made
good
before
any
impartiall
judge
in
the
world
,
by
a
right
information
and
discovery
of
the
Proceedings
themselves
,
and
of
the
practisings
of
the
accusers
against
them
,
and
therefore
this
can
be
no
argument
of
the
Commissiones
being
under
scandal
.
4.
There
were
more
testimonies
by
very
far
from
Presbyteries
and
Synods
for
them
then
against
them
,
and
these
testimonies
given
against
them
were
really
and
in
themselves
scandals
,
tending
most
evidently
to
the
exposing
of
the
Kingdom
and
Cause
to
the
power
of
the
invaders
,
whereof
the
invaders
themselves
were
very
sensible
,
and
for
that
cause
were
some
of
the
testimonies
sooner
put
in
their
hands
then
communicate
to
the
Commissioners
,
and
they
in
thankfulnesse
was
very
carefull
to
cause
Print
them
.
The
third
particular
is
a
poor
mans
argument
,
the
begging
of
the
very
principal
Question
,
and
this
very
begged
Question
is
the
onely
main
sum
of
this
whole
Paper
repeated
over
and
over
again
,
this
the
Assembly
was
to
try
and
examine
,
and
till
it
was
tryed
,
a
nay-say
was
good
enough
answer
to
this
Affirmative
.
6.
The
Brethren
who
in
the
Assembly
offered
to
prove
the
alleadgance
,
were
some
of
the
same
who
had
been
chief
in
spreading
the
testimonies
,
and
bearing
the
offence
upon
the
godly
,
and
had
defamed
the
Commissioners
,
and
were
interessed
to
have
had
them
noted
as
under
scandall
;
it
s
against
all
equity
that
for
the
accusation
of
such
they
should
have
been
reputed
scandalous
,
It
was
a
word
of
Justice
uttered
by
Haman
otherwise
wicked
:
Julian
the
Appostate
,
Quis
innocens
esse
poterit
si
accusare
sufficat
.
REVIEW
.
THe
Author
doth
handsomely
wave
many
things
in
the
Writers
Paper
that
are
of
importance
,
and
I
think
his
Readers
will
do
him
no
wrong
to
take
for
granted
in
that
Paper
,
what
he
doth
not
answer
nor
contradict
:
What
is
there
set
down
clearly
and
at
large
by
the
writer
out
of
the
Acts
of
the
Gen.
Assembly
,
he
turns
off
with
a
few
words
.
1.
He
tels
us
it
had
been
good
that
the
writer
had
set
down
the
very
Acts
which
are
cited
in
their
full
and
formall
words
(
because
every
one
are
not
keepers
of
the
Registers
,
nor
have
not
Coppies
of
them
beside
them
)
that
it
might
have
been
seen
whether
they
mean
that
all
persons
against
whom
any
scandall
is
alleadged
,
should
be
removed
even
before
the
Assembly
be
Constitute
into
a
Judicatory
:
To
which
I
Reply
,
that
these
Acts
even
in
the
full
and
formall
words
thereof
were
offered
unto
him
&
others
at
the
Meeting
at
S.
Andrews
under
the
Clerks
hand
,
and
they
would
not
do
so
much
as
daigne
themselves
to
hear
them
,
or
to
read
them
,
or
to
collation
them
with
the
Principle
Registers
which
they
then
had
in
their
power
,
but
are
now
delivered
into
the
hands
of
the
English
,
or
dispersed
,
I
know
not
whether
.
But
are
not
the
citations
for
the
matter
clear
and
home
to
the
point
?
If
the
Author
think
there
is
wrong
done
in
any
of
them
;
I
believe
if
he
will
call
to
the
Clerk
of
the
Assembly
,
he
may
yet
find
the
means
to
get
him
the
double
of
the
very
words
of
the
Acts
asserted
under
his
hand
;
It
is
true
that
every
one
is
not
a
keeper
of
the
Registers
,
nor
hath
Copies
of
them
besides
us
:
But
shall
they
not
therefore
be
trusted
who
are
keepers
of
them
?
or
have
Copies
;
It
had
been
belike
good
for
the
Church
of
Scotland
,
that
the
Author
&
some
others
who
have
been
so
actively
instrumental
for
the
Publick
Resolutions
had
been
keepers
of
the
Regi●ters
,
or
ha●
had
Copies
of
them
beside
them
,
then
haply
knowing
these
things
more
perfectly
they
should
not
have
walked
so
crosse
therto
in
their
late
Proceedings
,
nor
have
questioned
them
when
they
are
cited
.
It
is
certainly
a
thing
blame
worthy
in
not
a
few
Ministers
of
the
Kirk
of
Scotland
,
that
they
are
too
great
strange●s
to
the
Acts
of
Assemblies
of
the
Kirk
,
which
is
a
fault
so
much
the
greater
,
because
there
was
no
lack
of
opportunities
these
14.
years
to
have
acquainted
themselves
therewith
,
and
to
have
had
Copies
of
them
besides
them
:
The
Acts
are
vailed
with
no
such
mist
as
the
Author
would
cast
upon
them
,
either
in
the
first
particular
which
he
mentions
,
whether
they
mean
all
persons
against
whom
any
scandall
is
alleadged
should
be
removed
even
before
the
Assembly
be
constitute
;
or
in
the
second
,
that
it
cannot
be
meaned
by
them
that
alleadgance
of
scandals
against
persons
should
be
cause
to
remove
,
unlesse
the
scandall
were
clear
and
unquestionable
,
for
the
point
de
jure
,
they
speak
clear
&
home
,
that
at
the
entry
of
every
Assembly
their
first
work
shal
be
the
trying
and
purging
of
all
their
Members
,
and
men
are
appointed
to
be
charged
in
Gods
behalf
to
declare
their
Conscience
tonthing
their
Doctrine
,
life
and
execution
of
then
Officers
,
if
therein
they
be
scandalous
;
and
that
any
to
whose
charge
any
thing
is
laid
ought
to
be
removed
out
of
the
Assembly
,
ti●l
this
cause
be
tryed
,
and
that
if
he
be
convict
,
he
may
have
no
voice
untill
the
Kirk
receive
satisfaction
.
Here
is
no
distinction
of
questionable
hypothesis
,
nor
allowance
to
him
to
sit
before
the
tryall
of
his
cause
,
but
when
any
other
of
the
Commissioners
to
the
Assembly
charges
him
with
any
thing
,
in
his
Doctrine
,
life
,
or
execution
of
his
Office
,
he
is
to
be
removed
till
it
be
tryed
:
But
saith
the
Author
,
it
is
not
clear
that
this
is
to
be
done
before
the
Assembly
be
constitute
into
a
Judicatory
,
which
was
the
thing
pretended
by
the
Protesters
,
and
because
not
done
,
was
the
cause
of
this
quarrell
.
This
is
clear
that
they
are
to
be
removed
immediatly
after
they
are
charged
with
any
thing
,
untill
they
be
tryed
,
which
was
the
thing
refused
by
the
Assembly
)
and
therefore
if
the
objection
be
moved
before
the
constitution
,
they
are
to
remove
before
the
constitution
of
the
Assembly
.
2.
It
is
clear
that
this
is
appointed
to
be
their
first
work
,
at
the
entry
of
every
Assembly
,
and
if
any
would
say
,
That
the
Assembly
must
first
enter
by
being
constitute
,
I
give
these
two
things
for
clearing
,
that
it
is
meaned
before
the
constitution
:
First
,
because
this
Act
and
practice
which
concerns
the
purging
of
the
Assembly
from
scandalous
persons
is
previous
in
time
to
the
Act
and
practice
of
choosing
a
Moderator
,
as
will
be
obvious
to
any
who
looks
upon
the
Records
:
2.
Because
it
hath
been
the
constant
practice
in
all
the
Assemblies
of
this
Kirk
from
the
very
first
Reformation
,
to
propone
exceptions
of
scandall
,
and
to
remove
persons
upon
proponing
thereof
,
before
the
choice
of
a
Moderator
,
as
also
obvious
in
the
mind●s
almost
of
every
Assembly
,
and
cannot
but
be
known
to
the
Author
,
and
all
such
as
have
been
frequenting
our
Assemblies
,
and
observing
the
order
thereof
,
and
therefore
the
Author
doth
but
seek
out
inventions
to
darken
clear
and
manifest
truths
:
To
the
answer
which
he
brings
to
the
grounds
of
proof
brought
by
the
Writer
,
as
to
the
matter
of
scandall
,
I
return
these
replyes
:
That
by
granting
that
the
hearing
of
a
common
report
may
be
a
ground
of
enquiry
,
if
he
deal
candidly
therein
,
according
to
the
meaning
of
the
place
cited
by
the
Author
,
Deut.
13.14
.
It
must
be
of
diligent
enquiry
,
for
so
it
is
expressed
there
,
Chapter
17.
v.
4.
and
19.18
.
which
imports
that
it
should
be
an
enquiry
without
delay
,
but
this
was
refused
about
the
present
case
in
question
,
and
notwithstanding
of
this
common
report
,
and
objecting
the
scandall
thereof
in
the
Assembly
,
the
enquiry
was
delayed
untill
the
Assembly
was
constitute
,
and
no
more
diligence
was
used
in
it
,
then
if
there
had
been
no
such
report
at
all
;
he
doth
injury
to
the
Writer
,
by
labouring
to
bear
upon
him
,
and
upon
others
,
that
he
is
of
that
minde
,
that
the
Commission
upon
that
common
report
which
he
alleadges
to
have
been
passing
upon
them
,
should
have
been
without
more
adoe
sentenced
to
censure
.
The
utmost
that
the
Writer
all
along
hath
pleaded
in
this
hath
been
,
that
the
Commissioners
ought
to
have
been
removed
till
their
carriage
were
tryed
:
But
two
grounds
he
layes
to
prove
this
to
have
been
the
Writers
minde
:
1.
That
the
Proceeding
ordered
,
1
Cor.
5.
5.
was
in
order
to
present
censure
,
2.
That
he
alleadgeth
the
Apostles
words
so
generall
,
without
any
qualification
,
I
shall
not
stand
upon
the
first
,
but
the
Writer
not
being
upon
the
handling
of
that
point
,
what
common
report
,
or
how
qualified
,
was
needfull
to
be
a
ground
of
sentence
,
but
onely
shewing
that
sometimes
common
report
may
be
so
;
he
thought
it
enough
to
cite
the
Apostles
words
without
qualifying
of
them
,
and
if
the
Author
will
make
this
a
ground
of
challenge
against
the
Writer
,
he
may
make
it
against
the
Apostle
himself
,
for
he
sets
down
the
words
generally
,
without
any
such
qualification
,
and
the
Writer
doth
not
extend
them
to
any
other
case
then
that
of
which
the
Apostle
is
treating
:
He
only
saith
that
common
report
is
made
a
ground
of
proceeding
against
the
incestuous
Corinthian
,
without
making
any
application
of
it
to
the
Commissions
case
,
or
saying
that
it
should
also
be
a
ground
of
proceeding
against
them
;
if
it
be
asked
to
what
purpose
then
it
was
cited
,
the
answer
is
very
obvious
and
clear
from
the
whole
drift
of
the
Writers
discourse
,
which
is
to
shew
that
the
persons
objected
against
,
were
under
a
scandall
,
and
this
he
doth
:
1.
By
shewing
that
there
was
a
hear-say
and
common
report
of
it
,
upon
which
the
Scriptures
layes
so
much
weight
,
as
sometimes
to
make
it
a
ground
of
tryall
:
As
Deut.
13.
Sometimes
a
ground
of
proceeding
,
as
1
Cor.
5.
It
is
true
that
the
Scriptures
doth
not
make
every
hear-say
and
common
report
a
ground
to
accompt
men
under
a
scandall
,
or
to
proceed
against
them
,
otherwise
honest
men
indeed
might
be
in
an
ill
condition
,
but
the
qualification
of
these
things
are
to
be
drawn
from
the
circumstances
of
the
facts
whereunto
they
are
applyed
,
and
of
these
we
have
spoken
in
the
fact
of
the
Commissioners
,
and
therefore
the
Author
in
this
particular
doth
but
trouble
himself
and
others
without
cause
,
yet
must
I
say
,
that
though
for
any
thing
I
know
or
can
be
collected
from
the
writers
words
,
the
utmost
that
he
pleads
for
being
a
delay
of
their
admission
to
be
members
of
the
Assembly
,
which
could
not
be
accompted
a
sentence
against
them
,
more
than
against
others
,
who
were
delayed
upon
exceptions
to
be
admitted
,
that
his
meaning
was
not
,
That
the
common
report
that
past
upon
the
Commissioners
,
was
sufficient
to
be
a
ground
of
present
sentence
against
them
,
yet
when
the
Author
hath
streached
himself
to
the
utmost
,
h●
ha●h
proven
no
good
advocate
for
the
Commissioners
to
exeem
them
from
present
censures
:
He
tels
us
that
a
common
report
that
may
be
a
ground
of
so
short
and
summary
proceeding
,
must
be
such
as
first
is
of
a
matter
that
●n
point
de
jure
is
clea●y
and
unquestionably
a
scandall
.
2.
For
the
fact
in
a
manner
universal●y
uncontrolled
,
e●●her
by
the
p●●ty
,
or
any
that
hath
best
or
nearest
notice
of
his
actions
;
in
the
present
case
(
saith
he
)
both
●hese
cases
were
wanting
,
the
matter
was
not
clear
de
jure
in
the
main
question
of
it
,
its
report
was
not
so
common
as
the
contradiction
of
it
;
But
I
say
,
the
matter
was
clear
de
jure
in
the
main
question
of
it
determined
verbatim
in
former
Acts
of
Assemblies
;
and
the
fact
was
not
at
all
controverted
or
controlled
by
any
,
but
taken
with
both
by
the
party
,
and
known
and
acknowledged
by
these
that
had
best
and
nearest
notice
of
their
actions
:
The
quality
of
the
fact
might
be
controverted
,
whether
right
or
wrong
,
which
is
a
point
belonging
to
the
jus
of
it
,
but
the
fact
it self
was
not
contradicted
,
either
by
the
Commissioners
,
or
any
other
,
and
his
omnino
auditur
;
and
passim
&
in
tota
achaia
&c.
and
res
manifesta
passim
cum
magno
offenaiculo
publicata
,
as
to
the
matter
of
fact
was
true
of
that
which
the
Commissione●s
had
done
;
the
offence
and
stumbling
of
the
godly
was
not
causeless
&
born
upon
them
by
the
mis-information
and
mis-representation
of
the
Commissioners
proceedings
,
by
some
of
the
same
persons
who
are
the
alleadgers
;
the
Author
there
doth
a
double
wrong
to
the
godly
in
Scotland
:
1.
That
he
makes
them
to
have
stumbled
without
a
cause
,
whereas
there
was
very
reall
causes
of
stumbling
given
unto
them
,
both
in
regard
of
that
which
was
done
,
and
for
the
maner
of
doing
.
That
which
was
done
was
,
employing
of
the
whole
Body
of
the
Land
promiscuously
(
a
very
few
persons
being
excepted
)
amongst
whom
were
many
Malignant
and
dis-affected
men
,
who
had
been
formerly
excluded
,
and
with
whom
the
Lords
people
in
the
Land
had
learned
from
the
Word
of
God
,
and
from
the
constant
tenour
of
the
doctrine
of
all
the
faithfull
Ministers
of
this
Church
,
to
keep
a
distance
as
to
imploying
them
in
the
defence
of
the
Cause
and
Kingdom
;
As
this
was
a
main
occasion
of
contriving
the
League
and
Covenant
,
so
is
there
a
speciall
Article
therein
relating
thereto
;
the
breach
whereof
was
one
of
the
speciall
and
main
sins
confest
in
the
Solemn
acknowledgment
of
〈◊〉
,
and
the
contrary
duty
,
one
of
the
main
things
to
which
we
engage
our
selvs
in
our
solemn
Engagement
.
It
is
true
,
that
the
Commission
having
done
this
,
&
finding
many
to
stumble
,
did
afterwards
finde
out
some
evasions
and
distinctions
to
save
their
own
credit
:
but
the
contradiction
between
their
resolutions
and
former
principles
&
proceedings
,
was
primâ
fronte
so
palpable
and
obvious
,
that
men
of
all
sorts
,
both
well-affected
and
ill-affected
,
did
see
it
so
,
as
the
one
did
rejoyce
,
and
the
other
mourn
;
the
Godly
did
not
more
stumble
then
the
Malignant
and
prophane
were
glad
,
and
both
the
one
and
the
other
as
to
the
generality
of
them
,
did
then
,
and
do
at
this
day
agree
in
this
,
That
the
publick
Resolutions
are
not
agreeable
to
former
principles
and
proceedings
.
There
was
cause
of
stumbling
given
also
to
the
Godly
in
regard
of
the
Commissioners
their
maner
of
proceeding
,
because
a
Quorum
very
few
moe
of
the
Commission
did
lay
the
foundation
of
these
resolutions
,
not
only
without
the
rest
of
their
number
,
but
also
without
advertising
a
great
many
of
them
:
And
so
many
being
absent
and
not
advertised
,
they
did
in
a
day
or
two
determine
that
most
grave
case
,
which
had
often
before
that
time
been
determined
in
the
negative
,
and
sent
abroad
their
Determinations
to
Presbyteries
,
requiring
obedience
,
and
upon
mens
offering
the
grounds
of
their
dis-satisfaction
,
and
professing
their
adherence
thereto
,
till
satisfaction
should
be
given
,
did
issue
such
Warnings
and
Acts
as
we
have
formerly
spoken
of
.
I
appeal
the
Author
himself
,
whether
at
the
time
of
the
giving
of
the
Answer
to
the
Quaere
,
it
was
not
known
to
the
Commission
,
that
many
godly
and
faithfull
Ministers
and
Professors
in
the
Land
,
were
averse
from
employing
these
men
in
the
Army
,
and
had
great
scruples
about
it
;
and
that
many
Members
of
the
Commission
,
who
were
not
to
be
despised
,
had
often
profest
their
dislike
of
it
;
albeit
the
matter
had
been
lawful
,
surely
there
was
great
precipitancy
and
rashness
in
the
first
Resolution
,
which
is
acknowledged
by
sober
men
,
even
of
the
same
judgment
;
but
such
was
the
zeal
and
forwardness
of
the
Court
,
and
of
some
Parliament
men
on
the
one
hand
,
and
the
readiness
of
sundry
of
the
Commission
(
who
had
before
that
time
declared
themselves
for
that
way
)
on
the
other
hand
to
hearken
unto
them
,
and
the
faintness
of
any
that
were
present
to
oppose
it
,
that
hold
was
taken
of
the
opportunity
to
do
it
quovis
modo
,
whereby
real
offence
was
given
to
the
godly
in
the
Land
;
Si
quid
importuna
levitate
,
aut
lascivia
,
aut
temeritate
non
ordine
nec
suo
loco
facias
quo
imperiti
imbecillesque
offendantur
,
scandalum
abs
te
datum
dicetur
,
quoniam
tua
culpa
factum
fuit
;
ut
ejusmodi
offensio
suscitaretur
,
ac
omnino
scandalum
in
re
aliqua
datum
dicitur
cujus
culpa
ab
Autore
rei
ipsus
profecta
est
:
are
the
words
of
a
great
Divine
,
speaking
of
scandals
very
applicable
to
this
case
.
Next
he
doth
a
wrong
in
making
them
so
ignorant
,
simple
and
facile
as
in
these
things
to
be
led
away
,
with
the
mis-representations
and
mis-informations
of
others
:
Many
of
the
most
judicious
decerning
Christians
in
the
Land
were
stumbled
at
the
Commissions
proceedings
,
upon
the
first
hearing
of
them
;
&
before
the
Protesters
did
make
either
right
or
wrong
Representations
of
them
:
I
will
not
say
but
they
were
confirmed
in
the
dislike
of
these
proceedings
,
by
conference
with
the
Protesters
&
other
Ministers
of
that
judgment
,
as
they
also
were
mutually
edified
and
confirmed
by
them
,
but
that
all
the
stumbling
and
dislike
did
arise
from
the
suggestions
and
practisings
of
some
or
all
of
the
same
persons
,
whom
the
Author
calls
the
Alleadgers
and
Accusers
,
is
not
true
;
yea
,
I
dare
say
,
that
albeit
all
the
Protesters
,
and
all
the
Ministers
in
Scotland
had
been
of
one
mind
with
the
Commission
in
the
matter
the
Publick
Resolutions
,
yet
many
of
the
godly
in
Scotland
would
have
stumbled
thereat
:
It
would
have
been
in
this
case
as
in
the
business
of
the
Treaty
,
wherwith
many
of
the
godly
in
Scotland
were
dissatisfied
,
notwithstanding
that
there
seemed
to
be
a
harmony
and
consent
amongst
the
Ministry
there
anent
.
That
there
were
more
Testimonies
for
the
Commissioners
from
Presbeteries
and
Synods
then
were
against
them
is
no
great
wonder
;
multitudes
commonly
inclining
to
the
worst
side
in
the
day
of
tentation
,
and
they
being
but
few
who
keep
their
garments
pure
:
yet
did
not
the
strength
of
the
Testimonies
upon
the
one
hand
or
on
the
other
ly
in
the
number
of
the
Witnesses
,
but
upon
the
truth
and
clearness
of
their
Evidence
:
what
was
testified
by
the
opposers
of
the
Commission
was
confirmed
by
clear
Evidence
from
the
constant
Doctrine
of
this
Church
grounded
upon
the
Word
of
God
,
and
set
down
in
the
Covenant
and
Solemn
Acknowledgment
of
Sins
,
and
Engagement
to
Duties
,
and
Publick
Warnings
,
Declarations
,
Remonstrances
,
&c.
but
not
so
much
as
a
tittle
of
these
for
Evidence
on
the
other
side
.
It
is
acknowledged
by
the
Author
himself
,
That
the
Publick
Resolutions
was
a
case
not
formerly
determined
by
any
Publick
Judgement
of
this
Kirk
,
and
if
so
there
could
no
evidence
be
brought
from
the
Doctrine
of
this
Church
for
clearing
and
confirming
of
these
Resolutions
.
The
Author
is
pleased
to
call
the
Testimonies
given
against
the
Publick
Resolutions
,
really
and
in
themselves
Scandals
,
tending
most
evidently
to
the
exposing
of
the
Kingdom
and
of
the
Cause
to
the
power
of
the
Invaders
:
He
was
pleased
a
little
above
to
call
them
Slanders
,
and
so
all
the
godly
in
Scotland
who
speak
against
these
Resolutions
are
upon
his
accompt
Slanderers
.
But
these
Testimonies
,
were
neither
Slanders
,
nor
Scandals
,
they
did
contain
real
Truths
,
and
were
Duties
to
which
the
givers
of
them
were
obliged
in
a
backsliding
time
for
delivering
of
their
own
souls
,
and
preserving
the
Cause
of
God
from
being
overborn
with
a
spate
of
defection
;
and
though
in
many
things
they
acknowledge
themselves
to
be
amongst
the
most
sinful
,
yet
in
this
they
were
so
far
from
exposing
of
the
Kingdom
&
Cause
to
the
power
of
the
Invaders
,
that
they
hold
themselves
bound
to
bless
the
Lord
while
they
live
who
gave
them
mercy
to
be
kept
free
from
that
carnal
sinful
course
that
did
provoke
the
Lord
to
give
so
great
a
stroak
to
the
Kingdom
and
the
Cause
,
in
those
dreadful
Rods
wherewith
he
hath
smitten
us
since
these
Resolutions
.
What
was
the
sense
that
the
Invaders
themselves
had
of
this
,
I
do
not
well
know
,
but
this
it
's
like
enough
they
rejoyced
in
our
Divisions
:
But
it
was
not
the
opposing
of
the
Publick
Resolutions
wherein
they
did
directly
rejoyce
:
Nothing
from
us-ward
would
have
been
matter
of
so
great
terror
to
them
,
as
to
have
seen
us
unanimous
in
separating
from
,
and
opposing
of
all
Malignant
Interests
:
As
it
was
upon
the
other
hand
,
the
matter
of
their
confidence
and
joy
,
that
their
former
quarrel
seemed
to
be
justified
by
the
Publick
Resolutions
,
which
did
so
much
strengthen
and
promove
Malignant
Interests
,
if
we
may
beleeve
their
own
Expressions
and
Letters
,
written
from
some
of
the
Chief
of
them
to
the
Higher
Powers
in
England
.
He
tels
us
,
That
for
that
cause
some
of
the
Testimonies
were
sooner
put
into
their
hands
,
then
communicated
to
the
Commissioners
;
and
they
in
thankfulness
were
very
thankful
,
to
cause
print
them
.
This
is
a
crimination
of
no
smal
consequence
to
the
Name
and
Fame
of
these
of
whom
the
Author
speaks
;
and
therfore
if
he
had
dealt
candidly
and
spoken
truth
upon
perswasion
and
evidence
,
he
should
have
told
us
of
what
Testimonies
he
meaned
,
and
who
it
was
that
put
them
into
their
hands
,
that
these
men
might
have
been
noted
&
known
.
I
doubt
not
but
if
he
could
have
done
it
,
he
would
have
done
it
,
seeing
he
spares
not
to
put
Imputations
upon
men
by
Name
and
Sirname
,
when
he
conceives
himself
to
have
any
ground
for
it
,
and
that
it
will
bring
any
advantage
to
his
cause
.
But
whilest
he
would
fain
render
some
of
the
opposers
of
the
Publick
Resolutions
,
odious
,
and
yet
hath
not
ground
upon
which
he
can
confidently
do
it
:
He
speaks
so
indefinitly
some
of
the
Testimonies
were
put
&c.
neither
telling
us
what
Testimonies
,
nor
by
whom
they
were
put
in
their
hands
,
that
if
he
be
challenged
for
it
,
he
may
have
a
shift
to
make
his
retreit
.
But
I
doubt
that
this
way
of
defaming
his
neighbors
will
be
found
straight
before
God
.
If
I
may
conjecture
of
what
Testimonies
he
speaks
,
it
seems
to
be
the
Letter
of
the
Presbytery
of
Sterling
,
for
that
,
so
far
as
I
know
,
was
the
only
Testimony
printed
by
the
English
;
and
if
he
mean
of
that
,
he
speaks
untruly
,
when
he
saith
,
that
it
was
sooner
put
into
their
hands
,
then
sent
unto
the
Commissioners
;
I
can
confidently
assure
him
,
and
all
others
,
that
it
was
sent
unto
the
Commissioners
,
before
any
copy
of
it
was
given
,
or
sent
to
any
who
were
not
Members
of
the
Presbytery
;
and
I
can
as
confidently
say
,
That
none
of
these
had
any
hand
directly
or
indirectly
in
conveying
that
Letter
to
the
English
:
The
man
amongst
them
who
was
most
slandered
hath
given
me
warrant
to
say
,
(
and
I
trust
that
he
will
abide
by
it
)
That
his
conscience
doth
bear
him
record
,
that
he
was
inocent
of
that
,
as
of
all
things
of
that
kind
;
and
that
to
this
day
he
knows
not
how
that
Letter
was
put
into
their
hands
,
unless
it
was
by
occasion
of
intercepting
the
Copie
thereof
by
the
English
,
with
Mr.
Andrew
Ker
the
Clerk
of
the
Commission
;
his
Servant
who
was
sent
over
the
Water
to
some
of
his
friends
unto
Edinburgh
from
Perth
immediately
after
that
Meeting
of
the
Commission
,
to
which
the
Letter
of
the
Presbytery
of
Sterling
was
sent
.
That
the
English
did
print
these
Testimonies
is
no
great
wonder
:
it
is
very
like
that
they
would
print
any
thing
that
did
hold
forth
our
defection
,
and
owning
of
the
Malignant
Interest
.
The
Third
Particular
is
in
the
Authors
Judgment
,
a
poor
mans
Argument
:
But
poor
men
,
through
mercy
,
oft-times
obtains
more
sollid
discoveries
of
Divine
Truths
in
a
day
of
tentation
,
then
the
Learned
and
the
Rich
do
:
Neither
is
it
yet
a
begging
of
the
principal
Question
,
because
what
was
offerred
in
this
,
was
offered
to
be
instructed
out
of
the
Registers
;
and
they
who
made
the
offer
were
Members
of
the
Assembly
,
who
in
conscience
and
duty
,
and
by
the
Acts
of
the
Assembly
which
relate
to
the
Constitution
thereof
(
as
we
have
already
shown
)
were
bound
to
declare
their
conscience
,
touching
others
who
were
called
to
be
Constituent
Members
thereof
in
their
Doctrine
,
Life
and
execution
of
their
Office
;
and
for
the
point
of
that
Interest
it
is
the
same
thing
that
was
objected
by
the
Remonstrants
against
the
Anti-remonstrants
at
the
Synod
of
Dort
;
and
by
the
Prelats
in
their
Declinator
1638.
To
which
we
return
no
other
Answer
,
but
that
of
the
Brittane
Divines
at
Dort
,
Veritas
communis
Ecclesiae
Thesaurus
est
,
nec
potest
ullo
pacto
fieri
peculium
,
singularum
personarum
,
Dei
&
Ecclesiae
Publica
causa
est
non
sua
cujusque
quae
in
Synodis
agitur
.
In
the
close
of
this
discourse
,
as
all
along
,
he
speaks
of
these
who
moved
this
Exception
,
as
of
the
Commissioners
Accusers
,
and
cites
that
of
Julian
,
Si
accusasse
sufficiat
quis
inocens
erit
.
But
that
they
weee
not
Accusers
,
neither
yet
to
be
called
so
,
I
have
already
shewed
.
Why
should
they
be
esteemed
,
or
called
Accusers
more
then
others
,
propounding
Exceptions
against
Constituent
Members
of
the
Assembly
?
neither
was
it
ever
desired
that
the
propounding
of
the
Exception
should
be
taken
for
a
verification
of
it
;
or
to
speak
in
the
Authors
language
,
That
the
accusing
of
them
should
be
the
holding
of
them
for
guilty
;
but
only
that
the
Commissioners
should
be
removed
from
sitting
as
Members
in
the
Assembly
,
till
the
Exception
were
tried
;
and
therfore
that
of
Julian
can
have
no
place
in
this
case
.
VINDICATION
.
IT
is
alleadged
by
the
Writer
,
That
the
same
Assembly
at
St.
Andrews
upon
the
like
exception
and
objection
,
others
were
removed
from
sitting
as
Members
,
as
Blacketer
and
others
,
because
the
scandal
of
their
accession
to
the
unlawful
Engagement
was
not
sufficiently
purged
,
&c.
and
he
would
have
any
man
in
the
world
give
a
reason
why
these
were
excluded
,
and
not
others
,
against
whom
were
as
relevant
,
yea
more
revelant
exception
.
Answer
.
I
think
any
man
in
the
world
that
hath
common
sense
informed
of
both
Cases
may
give
a
reason
,
and
may
perceive
that
the
Writer
hath
been
rash
when
he
hath
wrote
these
words
upon
the
like
Exception
and
as
relevant
,
yea
more
relevant
Exception
:
For
Blacketer
and
others
:
1.
Their
scandal
was
cleer
in
the
Law
.
2.
They
had
been
convicted
of
the
fact
.
yea
,
3.
They
had
been
actually
censured
,
and
were
yet
lying
under
the
Censure
.
4.
A
part
of
their
censure
was
exclusion
from
being
members
of
Kirk
Judicatories
.
5.
There
was
one
expresse
Act
of
a
Gen.
Assembly
,
That
they
should
not
be
liberat
from
that
censure
,
nor
be
capable
to
be
members
of
any
inferior
Kirk-Judicature
until
their
satisfaction
should
be
first
notified
unto
,
and
approven
by
a
Gen.
Assembly
.
Now
let
any
man
in
the
world
tell
me
if
the
exception
against
the
one
and
the
other
was
alike
,
or
if
there
was
more
relevancy
in
the
exception
against
the
Commissioners
,
then
in
the
exception
against
these
for
their
Exclusion
from
being
Members
:
the
matter
of
Exception
might
haply
(
considered
in
abstracto
,
)
be
of
greater
importance
,
but
we
speak
now
of
the
exception
in
relation
to
Persons
and
Circumstances
as
it
is
to
have
effect
or
not
,
to
have
effect
upon
the
Judge
for
Censuring
and
Noting
,
or
not
Censuring
and
Noting
the
Persons
.
REVIEW
.
THe
Author
in
Answering
the
Instance
concerning
Blacketer
,
seems
to
himself
to
have
gotten
a
great
advantage
of
the
Writer
his
rashness
;
but
though
his
advantage
were
as
great
as
he
takes
it
to
be
,
in
that
particular
,
it
would
not
better
his
Cause
,
because
multitudes
of
Instances
can
be
given
from
time
to
time
in
the
Gen.
Assembly
of
this
Church
,
of
removing
persons
upon
exceptions
of
scandal
before
any
conviction
of
the
Fact
,
or
censure
for
the
same
;
yea
,
in
the
same
Assembly
1651
several
persons
were
laid
aside
upon
exceptions
before
any
legal
conviction
or
sentence
past
upon
the
Fact
,
as
the
Commissioners
of
some
Presbyteries
,
who
were
protested
against
because
of
opposing
publick
Resolutions
:
And
the
Commissioners
of
the
presbytery
of
Dunse
,
whose
Case
was
not
cleer
in
Law
,
neither
yet
legally
found
true
as
to
the
matter
of
Fact
.
But
let
us
see
what
it
is
that
he
hath
gained
in
the
Instance
concerning
Blaketer
.
It
is
agreed
on
al
hands
,
That
Blaketer
upon
proponing
of
one
Exception
against
him
,
was
removed
:
the
matter
then
is
,
To
give
a
Reason
why
he
was
excluded
,
and
the
Commissioners
admitted
notwithstanding
of
exceptions
proponed
also
against
them
.
The
Writer
saith
,
No
man
in
the
world
can
give
a
Reason
of
it
,
seeing
the
exceptions
on
the
one
hand
were
as
relevant
(
if
not
more
relevant
)
then
the
other
.
This
the
Author
opposes
,
That
they
were
not
so
relevant
:
and
he
brings
5.
Differences
for
proving
of
it
,
which
may
be
all
reduced
to
these
Two
,
1
That
the
scandal
of
the
one
Case
was
cleer
in
Law
,
but
so
was
not
the
other
.
2
That
for
matter
of
Fact
,
there
was
Conviction
and
Censure
put
upon
it
;
but
to
pass
that
the
Assembly
did
not
give
any
the
least
intimation
or
hint
that
in
excluding
the
one
,
and
admitting
the
other
,
they
found
these
Differences
of
which
the
Author
speaks
.
I
Answer
,
The
scandal
of
the
Commissioners
Case
was
also
cleer
in
Law
,
unless
we
will
deny
that
the
same
Laws
which
condemned
conjunction
with
,
and
imploying
of
Malignants
for
the
time
past
,
do
also
condemn
them
for
the
time
to
come
,
Tempora
mutantur
,
et
nos
mutamur
in
illis
:
But
Duties
commanded
by
God
,
and
Covenanted
by
us
;
and
Sins
prohibited
by
God
,
and
engaged
against
by
us
,
are
the
same
in
the
yeer
1648
,
and
in
the
yeer
1651.
As
to
the
matter
of
Fact
,
if
Blaketer
was
before
that
time
particularly
convicted
and
censured
,
this
is
indeed
eatenus
,
a
difference
betwixt
the
one
Case
and
the
other
:
but
the
Author
hath
alleadged
that
,
without
bringing
any
evidence
of
the
truth
of
it
,
and
I
beleive
it
shall
be
hard
for
him
to
do
it
.
Some
who
are
Members
of
that
Presbytery
,
whom
I
have
enquired
cocerning
this
businesse
,
do
profess
,
That
they
do
not
remember
of
any
formal
censure
past
upon
him
for
his
subscribing
the
band
1648
,
neither
did
the
Assembly
at
St.
Andrews
at
the
time
of
the
proponing
of
that
Exception
,
give
any
intimation
that
they
did
remove
him
,
because
he
had
been
already
convicted
and
censured
for
that
Fact
:
But
the
Exception
being
relevant
in
Law
,
and
the
Fact
as
to
his
particular
concernment
therein
being
alleadged
by
one
of
the
Meeting
,
the
Assembly
did
lay
him
aside
until
it
should
be
tryed
,
without
further
enquiring
of
the
business
at
that
time
.
VINDICATION
.
WE
said
we
would
not
follow
the
several
Objections
wherewith
the
Writer
meets
,
nor
need
we
;
only
there
is
something
in
the
Answer
to
the
Fourth
Objection
,
whereto
we
shall
speak
a
word
:
It
being
Objected
by
the
Writer
himself
,
or
some
other
(
it
matters
not
by
whom
)
That
the
Exception
could
not
be
taken
into
consideration
until
the
Judicatory
was
first
constituted
,
and
a
Moderator
chosen
,
and
that
therefore
it
was
not
against
the
freedom
of
the
Assembly
,
that
they
did
refuse
to
fall
upon
it
before
that
was
done
:
He
Replies
so
,
as
he
would
seem
to
fasten
sundry
points
of
iniquity
upon
the
Assemblies
carriage
in
this
matter
;
if
saith
he
,
the
Assembly
had
immediatly
upon
the
chusing
of
the
Moderator
fallen
upon
the
tryal
of
that
exception
,
and
removed
these
excepted
against
,
it
would
not
have
loosed
,
though
it
might
have
lessened
the
strength
of
the
Argument
,
but
even
after
that
they
were
allowed
to
sit
as
Members
,
and
to
be
Judges
in
every
thing
else
,
many
dayes
together
,
before
the
Judging
of
that
Exception
:
nay
,
which
is
more
,
before
their
proceedings
were
approven
,
they
sate
as
Judges
to
give
vote
and
sentence
upon
the
very
Exception
proponed
against
themselves
,
the
same
being
one
of
the
principal
reasons
of
the
Protestation
which
were
condemned
before
these
prcoeedings
were
approven
:
yet
that
would
not
,
saith
he
,
loosed
the
difficulty
,
because
the
thing
desired
was
not
the
trial
and
discussing
of
the
exception
instantly
before
the
choosing
of
the
Moderator
,
but
that
(
as
it
was
done
to
other
Members
excepted
against
)
so
these
should
be
laid
aside
until
the
Assembly
were
constituted
and
take
the
same
into
Consideration
:
This
the
Assembly
peremptorily
refused
,
and
permitted
them
to
vote
which
was
in
effect
to
reject
the
exception
,
either
as
not
relevant
,
or
as
false
both
which
were
absurd
,
the
former
would
have
been
to
contradict
clear
light
of
Reason
:
the
latter
had
been
to
approve
the
proceedings
before
their
tryal
or
hearing
what
was
to
be
said
for
verifying
the
exception
:
Answer
,
we
stay
not
much
upon
the
objection
,
but
especially
what
is
said
here
to
render
the
proceedings
of
the
Assembly
odious
like
in
this
matter
.
1.
The
Assemb.
immediatly
after
the
chusing
of
the
Moderator
,
did
fall
upon
the
tryal
of
that
exception
,
having
set
a
part
a
Comittee
for
that
very
purpose
to
go
about
it
with
all
diligence
,
&
that
the
Comissioners
did
in
the
mean
time
sit
&
vote
in
the
Assem
.
in
other
matters
for
sundry
dayes
,
was
,
because
the
Assembly
could
not
adjourn
and
be
idle
all
the
time
that
that
Committee
was
to
be
upon
that
business
,
and
it
had
been
the
constant
practice
of
the
preceeding
Assemblies
since
38.
to
admit
the
preceeding
Commissioners
to
sit
and
vote
in
other
matters
during
the
time
that
their
proceedings
were
under
tryal
and
examination
:
yea
,
even
when
exception
hath
been
made
against
them
as
is
evident
in
the
Assembly
48.
Secondly
in
that
which
is
brought
in
as
an
absurdity
with
a
quod
majus
est
,
that
before
their
proceedings
was
allowed
,
the
Commissioners
did
sit
as
Judges
upon
the
very
Objection
proponed
against
themselves
,
it
being
the
principal
reason
of
the
Protestation
,
that
containeth
a
a
gross
Paralogism
which
can
beguile
none
but
such
as
are
too
simple
,
and
too
willing
to
be
beguiled
,
since
in
judging
the
Protestation
(
whereof
a
reason
was
the
exception
against
the
Commissioners
sitting
in
the
Gen.
Assembly
before
the
tryal
of
their
Proceedings
,
Judgment
was
not
given
upon
the
truth
or
falshood
of
the
thing
contained
in
it
,
whether
the
proceedings
of
the
Commissioners
were
right
or
wrong
,
contained
in
them
a
course
of
defection
or
not
:
but
only
,
Whether
the
Assembly
refusing
to
remove
the
Commissioners
when
it
was
alleadged
against
them
in
the
way
that
it
was
alleadged
,
and
before
the
alleadgance
was
tryed
did
any
thing
contrary
to
the
duty
and
freedom
of
the
Assembly
,
or
if
the
Protesters
did
wrong
the
Assembly
in
declyning
it
upon
that
ground
,
now
for
the
Commissioners
sitting
and
voting
as
Judges
in
this
matter
,
was
no
irregularity
,
or
else
the
Assembly
48.
also
was
irregular
,
wherein
as
the
Protesters
may
well
remember
,
the
Commissioners
voted
as
well
as
other
Members
upon
the
relevancy
of
the
exception
given
in
by
the
Parliament
against
themselues
;
and
the
truth
is
,
Their
voting
in
that
matter
of
the
Protestation
,
being
no
other
thing
but
that
which
we
have
said
was
no
prejudice
for
their
advantage
in
the
matter
of
their
proceedings
for
their
alleadgance
of
their
carrying
on
in
their
proceedings
a
course
of
defection
at
the
time
&
in
the
manner
that
it
was
alleadged
,
might
have
been
found
a
non-relevant
exception
,
for
their
removal
from
being
members
before
the
tryal
of
their
proceedings
,
and
consequently
the
refusing
to
admit
it
as
an
Exception
to
that
effect
a
non-relevant
ground
of
Protesting
against
the
Assembly
,
and
yet
haply
afterwards
their
proceedings
might
be
judged
to
be
such
indeed
as
they
were
alleadged
to
be
,
without
any
crossing
and
contradiction
between
the
one
Act
and
the
other
.
REVIEW
.
THE
Author
studies
in
this
place
to
take
off
some
things
alleadged
by
the
Writer
in
order
to
the
proceedings
of
the
Assembly
,
but
let
us
see
how
he
doth
it
:
1.
It
is
yeelded
that
notwithstanding
of
the
Exception
proponed
against
the
Commissioners
,
they
were
not
only
admitted
to
sit
and
Vote
in
the
choice
of
a
Moderator
,
but
also
afterwards
in
every
thing
that
came
before
the
Assembly
for
many
dayes
together
before
the
trying
of
their
proceedings
;
yea
,
that
before
that
tryal
they
sate
as
Judges
to
give
vote
and
sentence
upon
the
Protestation
,
one
Reason
whereof
was
the
Assemblies
refusing
to
remove
them
,
till
the
Exception
proponed
against
them
should
be
discussed
;
for
the
defence
whereof
he
alleadges
,
1
That
the
Assembly
immediatly
after
the
choice
of
the
Moderator
,
did
fall
upon
the
tryal
of
that
Exception
:
but
as
that
was
not
enough
,
because
by
the
Acts
of
the
Assembly
already
cited
,
and
constant
practise
of
Assemblies
in
the
matter
of
Exceptions
;
Persons
excepted
against
,
are
immediatly
to
be
laid
aside
till
the
matter
be
tryed
:
So
was
it
also
defective
in
this
,
That
during
the
time
of
the
tryal
,
the
Commissioners
did
sit
and
Vote
in
the
Assembly
.
2
He
saies
,
That
the
Assembly
could
not
adjourn
and
be
idle
all
the
time
that
the
Committee
was
to
be
on
that
business
:
but
could
not
the
Assembly
have
sitten
,
and
be
imployed
about
business
,
unless
these
who
were
Members
of
the
Commission
did
sit
and
vote
in
such
business
as
came
before
them
?
were
they
Members
sine
quibus
non
?
3.
He
alleadges
,
That
it
had
been
the
practise
of
the
preceding
Assemblies
since
38.
But
neither
doth
that
loose
the
difficulty
,
because
in
none
of
these
Assemblies
was
there
any
Exception
proponed
against
the
Commissioners
,
nor
was
there
cause
for
it
:
He
is
mistaken
in
his
Instance
in
the
Assembly
48
,
as
we
have
already
cleered
,
and
therefore
he
must
seek
for
another
Defence
.
But
in
that
which
follows
,
he
plaies
the
acurate
Logician
,
and
finds
the
Writer
in
a
gross
Paralogism
,
which
he
thinks
can
beguile
none
but
these
,
who
are
too
simple
,
and
too
willing
to
be
beguiled
.
I
would
not
willingly
be
beguiled
,
yet
I
must
profess
my self
so
simple
,
that
when
I
have
put
on
the
Authors
Spectacles
,
and
looked
throw
them
as
attentively
as
I
can
,
I
cannot
discover
the
Paralogism
nor
the
Sophistry
thereof
,
but
to
me
it
still
seems
to
be
a
plain
and
convincing
Argument
.
The
Writer
alleadges
,
That
the
Members
of
the
Commission
sate
as
Judges
to
give
Vote
and
Sentence
upon
the
Exception
proponed
against
themselves
before
the
Assembly
did
judge
of
their
proceedings
;
and
he
brings
this
for
proof
of
his
alleadgance
,
That
before
any
Judgment
given
anent
their
proceedings
,
they
sate
as
Judges
upon
the
Protestation
,
whereof
the
rejecting
of
that
Exception
was
a
special
Reason
.
To
this
the
Author
Answers
,
That
it
is
a
Paralogism
because
the
thing
which
was
judged
,
was
not
the
truth
or
falshood
of
the
thing
contained
in
it
;
to
wit
,
Whether
the
Commissioners
proceedings
were
right
,
or
wrong
;
but
only
whether
the
Assembly
refusing
to
remove
the
Commissioners
when
this
Exception
was
alleadged
against
them
,
in
the
way
that
it
was
alleadged
,
and
before
the
alleadgance
was
tryed
,
did
any
thing
contrary
to
the
freedom
and
duty
of
the
Assembly
,
or
if
the
Protesters
did
wrong
the
Assembly
in
declining
it
upon
that
ground
,
I
shall
not
now
trouble
my self
to
prove
that
by
judging
of
that
Reason
of
the
Protestation
they
did
judge
of
the
proceedings
of
the
Commissioners
right
or
wrong
,
because
this
will
fall
in
afterwards
,
more
directly
in
the
last
Argument
;
but
taking
what
the
Author
grants
,
I
Reason
thus
,
Who
so
judges
of
the
relevancy
,
or
non-relevancy
of
one
Exception
in
order
to
their
own
sitting
,
or
not
sitting
Judges
of
one
Exception
against
themselves
:
But
the
Commissioners
before
the
approving
of
their
proceedings
did
judge
of
the
relevancy
,
or
&c.
Ergo
,
the
First
Proposition
is
cleer
,
and
may
be
illustrated
by
Instances
.
I
suppose
the
Author
in
one
assembly
should
object
against
some
men
that
they
cannot
sit
as
Members
till
they
be
tryed
,
because
they
are
Papists
,
or
Murderers
,
or
Adulterers
,
which
he
offereth
to
instruct
,
and
when
the
Assembly
comes
to
judge
upon
the
point
&
exception
relevant
or
not
relevant
to
remove
these
men
,
if
these
men
themselves
should
sit
and
Vote
in
this
question
,
were
not
this
to
admit
them
to
be
Judges
of
one
Exception
proponed
against
themselves
.
The
Second
Proposition
is
the
Authors
own
grant
,
for
besides
other
things
to
that
purpose
,
he
saith
,
The
Commissioners
sitting
and
Voting
as
Judges
in
this
matter
was
no
irregularity
,
or
else
the
Assembly
48
was
also
irregular
,
wherein
the
Protesters
may
well
remember
the
Commissioners
voted
as
well
as
other
Members
upon
the
relevancy
of
the
Exception
given
in
by
the
Parliament
against
themselves
:
Well
then
,
the
Commissioners
in
the
Assembly
,
51.
did
Vote
upon
the
relevancy
of
the
Exception
given
in
against
themselves
.
If
any
would
deny
it
,
it
is
easie
to
prove
it
thus
,
Who
so
were
admitted
to
judge
of
the
relevancy
or
non-relevancy
of
the
grounds
of
the
Protestation
were
admitted
to
judge
of
the
relevancy
or
non-relevancy
of
that
Exception
,
because
it
was
one
of
the
main
grounds
of
the
Protestation
:
But
the
Members
of
the
Commission
,
&c.
Ergo.
The
Author
,
or
some
others
,
wil
haply
think
,
What
need
all
this
?
it
is
granted
that
it
was
so
,
and
the
thing
that
is
denied
is
,
That
they
did
not
sit
as
Judges
to
give
sentence
of
the
right
or
wrong
of
their
own
proceedings
:
Perhaps
ere
all
be
done
,
we
shall
also
find
them
doing
that
,
but
if
it
be
granted
,
That
they
did
judge
of
the
relevancy
of
that
Exception
,
all
is
granted
that
was
alleadged
by
the
Writer
,
to
wit
,
That
they
sate
as
Judges
to
give
Vote
and
Sentence
upon
the
very
Exception
proponed
against
themselves
;
and
so
he
hath
committed
no
Paralogism
,
but
by
the
Authors
own
concession
which
he
cannot
get
avoided
:
It
is
proved
that
the
writer
did
alleadge
which
was
not
that
they
did
judge
of
the
right
or
wrong
contained
in
the
exception
(
though
that
also
might
have
been
alleadged
)
but
that
they
did
judge
of
the
Exception
proponed
against
themselves
,
before
any
judgment
given
by
the
Assembly
upon
their
proceedings
;
and
now
it
s
granted
that
they
did
judge
of
the
relevancy
thereof
,
as
to
their
sitting
or
not
sitting
;
and
was
not
this
to
be
both
Judge
and
Party
?
who
then
is
guilty
of
the
Paralogism
the
Writer
or
the
Author
?
The
Writer
saith
,
They
were
admitted
to
judge
of
the
Exception
proponed
against
themselves
;
and
this
by
the
Authors
grant
hath
a
real
truth
in
it
,
because
they
were
admitted
to
judge
the
relevancy
or
irrelevancy
of
it
as
to
their
sitting
or
not
sitting
(
yea
the
Commissioners
did
oftner
then
once
judge
this
before
their
proceedings
were
judged
by
the
Assembly
.
First
,
They
judged
it
at
the
first
proponing
and
rejecting
thereof
by
the
Assembly
before
the
choice
of
the
Moderator
,
for
none
of
them
were
then
removed
,
neither
was
less
weight
laid
upon
what
was
spoken
by
them
,
as
to
the
rejecting
of
that
Exception
then
upon
what
was
spoken
by
any
other
Member
of
the
Assembly
who
was
not
questioned
.
2
They
judged
it
in
judging
of
the
Protestaion
,
at
which
time
they
did
approve
of
what
the
Assembly
had
formerly
done
in
rejecting
of
it
,
and
did
condemn
the
Proposers
of
it
,
as
doing
wrong
to
urge
it
,
and
to
decline
the
Assembly
thereupon
.
The
Author
saith
,
They
were
not
admitted
to
sit
as
Judges
in
that
Exception
,
because
they
did
not
judg
of
the
right
or
wrong
of
the
things
contained
therein
;
and
this
is
a
non-sequitur
,
because
they
were
admitted
to
judge
of
the
relevancy
thereof
which
did
as
well
concern
them
,
the
exception
being
proponed
against
themselves
,
as
the
right
or
wrong
of
the
things
contained
therein
.
But
he
alledgeth
,
1
That
this
was
no
irregularity
,
or
else
the
Assembly
48.
was
as
irregular
.
He
doth
often
make
his
retreat
upon
that
Assembly
when
he
is
straited
,
but
it
wil
allow
him
no
help
in
this
particular
,
because
there
was
no
such
exception
proponed
nor
judged
in
that
Assembly
.
2
He
alleadges
,
That
their
Voting
in
that
matter
of
the
Protestation
,
being
no
other
thing
then
that
which
he
hath
said
,
was
no
prejudice
or
advantage
in
the
matter
of
their
proceedings
,
because
the
alleadgance
of
their
carrying
on
in
their
proceedings
a
course
of
defection
at
the
time
,
and
in
the
manner
that
it
was
alleadged
might
have
been
found
one
un-relevant
exception
for
their
removal
from
being
Members
before
the
tryal
of
their
proceedings
,
and
consequently
the
refusing
to
admit
it
as
one
exception
to
that
effect
an
un-relevant
ground
of
Exception
against
the
Assembly
,
and
yet
haply
afterwards
their
proceedings
might
have
been
judged
to
be
such
as
they
were
alleadged
to
be
without
any
Crossing
or
Contradiction
betwixt
the
one
Act
and
the
other
.
I
suppose
that
all
were
true
which
is
here
spoken
of
,
yet
what
is
this
to
prove
that
they
did
not
at
all
judge
of
the
exceptions
proponed
against
themselves
:
It
is
already
yeelded
,
That
they
did
judge
of
it
as
to
the
irrelevancy
of
it
for
removing
of
them
before
trial
.
But
that
the
determining
of
the
one
,
did
prejudice
the
determination
of
the
other
:
Yea
,
go
far
to
determine
it
,
I
prove
First
thus
,
If
so
be
the
exception
as
to
the
relevancy
thereof
did
include
many
Points
de
Jure
,
the
cleering
and
discussing
whereof
did
belong
most
intimately
and
essentially
to
the
verifying
or
falsifying
of
the
exception
upon
the
matter
itself
;
then
did
the
determining
of
the
one
,
bring
a
prejudice
to
the
determination
of
the
other
,
if
not
go
far
to
determine
:
But
the
First
is
true
,
and
agreeable
to
the
Authors
own
words
in
the
next
Page
of
his
Vindication
.
Ergo
,
also
the
last
,
The
Conexion
seems
cleer
because
the
determining
of
the
relevancy
or
irrelevancy
of
the
exception
did
also
determine
these
point●
de
Jure
,
which
did
belong
most
intimatly
and
essentially
to
the
verifying
or
falsifying
of
the
exception
upon
the
matter
;
as
for
Instance
,
the
Assemblies
determining
that
the
Protesters
objecting
against
the
Commissioners
that
their
Resolutions
did
involve
a
course
of
defection
was
not
a
relevant
exception
whereupon
to
remove
them
,
was
also
a
determining
of
this
Point
de
jure
,
that
these
Resolutions
did
not
involve
a
course
of
defection
,
this
did
indeed
belong
most
intimately
and
essentially
to
the
falsifying
of
the
exception
upon
the
matter
,
and
so
to
the
prejudging
of
the
determination
;
yea
,
to
the
determining
of
the
other
question
:
Or
more
cleerly
thus
,
If
so
be
the
exception
could
not
be
determined
as
relevant
or
irrelevant
till
the
questionable
hypothesis
of
the
publick
Resolutions
was
first
determined
,
then
did
the
determining
of
the
relevancy
or
irrelevancy
of
the
exception
involve
a
determination
of
the
right
or
wrong
of
their
Resolutions
:
But
the
First
is
manifest
from
the
Authors
own
words
,
where
he
saith
,
That
the
main
and
principal
question
de
jure
which
should
have
been
cleered
that
that
scandal
might
have
been
charged
upon
the
Commissioners
was
the
particular
hypothesis
,
if
this
scandal
could
not
be
charged
upon
the
Commissioners
,
but
by
clearing
of
this
hypothesis
:
How
could
the
Commissioners
be
cleered
of
that
scandal
,
and
found
such
as
were
fit
to
sit
in
the
Assembly
notwithstanding
of
the
exception
thereof
proponed
against
them
without
cleering
that
hypothesis
.
In
these
things
I
deal
fairly
and
candidly
so
far
as
my
light
reaches
,
without
detaining
the
truth
in
unrighteousness
,
or
seeking
to
darken
or
pervert
the
same
so
far
as
my
understanding
doth
reach
;
and
I
think
I
may
refer
it
to
the
Consciences
of
these
who
Condemn
the
Protestation
,
and
that
exception
as
irrelevant
if
they
would
have
so
done
but
upon
perswasion
that
the
Commissioners
proceedings
were
right
,
and
if
after
the
Vote
of
Condemning
the
Protestation
,
they
could
notwithstanding
therof
have
also
condemned
their
Proceedings
.
VINDICATION
.
THirdly
,
Howsoever
it
be
true
,
that
the
thing
which
was
desired
by
the
Protesters
in
the
entry
of
the
Assembly
,
before
the
choice
of
the
Moderator
was
not
expresly
and
formally
the
trial
and
discussion
of
the
Exception
given
against
the
Commissioners
,
as
to
the
truth
alleadged
therin
,
1.
Whether
the
Commissioners
indeed
had
carried
on
a
course
of
defection
from
the
Covenant
and
Cause
,
but
that
the
Commissioners
should
have
been
laid
aside
until
the
Assembly
had
been
constituted
to
take
that
into
consideration
;
yet
certain
it
is
that
they
having
been
chosen
to
have
been
Commissioners
unquestionably
by
the
Society
they
came
from
(
and
that
some
of
them
by
the
express
vote
&
consent
of
some
of
the
Protesters
themselves
,
as
Mr.
Robert
Blaire
in
the
Presbytery
,
and
Mr.
James
Wood
in
the
Vniversity
of
St.
Andrews
,
by
Mr.
Samuel
Rutherford
)
and
having
a
formal
Commission
,
and
so
the
Exception
being
personal
(
as
in
relation
to
that
Assembly
)
and
not
propounded
against
their
being
Commissioners
:
But
now
in
the
Assembly
conveened
of
necessity
,
the
Exception
behoved
to
have
been
tryed
and
discussed
and
judged
,
as
to
the
relevancy
of
it
,
for
their
present
removing
,
and
laid
aside
until
it
should
be
tried
and
discussed
as
to
the
truth
of
the
thing
contained
in
it
;
for
the
Writer
himself
confesses
,
that
every
Exception
upon
alleadgance
of
Scandal
is
not
a
sufficient
and
relevant
ground
to
that
effect
:
Now
there
was
a
great
Question
about
that
Exception
,
namely
,
concerning
a
Question
de
jure
belonging
to
it
,
as
we
have
before
cleared
.
Now
tell
me
,
if
the
Assembly
before
the
Election
of
the
Moderator
,
and
before
it
was
constitute
into
a
Judicatory
,
could
try
,
discuss
,
and
judge
that
Question
(
which
of
necessity
it
behoved
to
do
,
ere
it
could
be
clear
about
the
relevancy
of
their
exception
for
their
removing
,
because
,
as
the
Writer
grants
,
the
exception
relevant
to
remove
persons
,
must
be
prima
fronte
,
clear
in
the
Law
)
Certainly
it
could
not
,
and
therfore
of
necessity
they
could
not
upon
that
exception
be
removed
before
the
election
of
the
Moderator
,
and
constitution
of
the
Judicatory
;
As
for
their
Members
excepted
against
,
and
therupon
removed
,
there
was
a
wide
difference
,
the
exceptions
against
them
were
,
as
to
the
relevancy
for
their
removing
,
in
cases
every
way
clear
and
determined
before
,
in
so
far
as
was
requisit
for
that
,
to
wit
,
Protestations
in
Presbyteries
against
their
election
,
standing
censures
excluding
them
from
all
Kirk
Judicatories
unrepealed
.
So
we
see
the
exception
wherewith
the
Writer
meets
here
,
may
stand
good
with
a
little
exception
,
viz.
That
no
Exception
questionable
could
be
discussed
until
the
Judicatory
were
first
constitute
,
and
the
Moderator
chosen
;
and
therfore
it
makes
nothing
against
the
freedom
of
the
late
Assembly
,
that
before
it
was
constitute
,
and
the
Moderator
chosen
,
the
Commissioners
were
not
removed
upon
the
Exception
made
against
them
,
because
the
relevancy
of
the
Exception
was
questionable
in
many
points
de
jure
belonging
therunto
,
being
controverted
,
at
least
not
prima
fronte
:
The
clearing
and
discussing
thereof
did
belong
most
intimatly
and
essentially
to
the
verifying
or
falsifying
of
the
Exception
upon
the
matter
it self
,
wherwith
a
meeting
not
constitute
into
a
Judicatory
could
not
meddle
.
4.
As
to
the
Writers
Dilemma
in
the
end
,
That
the
refusing
to
remove
the
Commissioners
upon
the
Exception
made
against
them
,
was
to
determine
,
either
that
the
Exception
was
not
relevant
or
that
it
was
false
,
and
both
were
absurd
.
We
Answer
,
it
was
indeed
to
be
determined
that
it
was
not
relevant
in
that
circumstance
of
time
when
it
was
proponed
for
removing
them
off
the
Assembly
;
and
whereas
he
saith
this
were
to
contradict
clear
reason
,
this
is
but
a
naked
assertion
,
and
we
have
cleared
the
contrary
.
REVIEW
.
FIrst
,
I
desire
it
to
be
considered
,
That
he
yeelds
that
the
thing
which
was
desired
by
the
Protesters
at
the
entry
of
the
Assembly
,
before
the
choice
of
the
Moderator
,
was
not
expresly
and
formally
(
yea
,
nor
implicitly
nor
materially
)
the
trial
and
discussing
of
the
Exception
,
as
to
the
truth
alleadged
therein
;
but
that
the
Commissioners
should
have
been
laid
aside
until
the
Assembly
had
been
constitute
to
take
the
same
into
consideration
,
which
clears
2.
things
formerly
asserted
,
1.
That
it
was
not
desired
that
any
sentence
should
be
past
upon
the
Commissioners
by
the
Assembly
,
before
the
constitution
thereof
.
2.
That
the
Commissioners
(
before
the
judging
of
their
proceedings
by
the
Assembly
)
did
judge
and
give
sentence
upon
the
relevancy
of
a
desire
made
against
themselvs
,
to
wit
,
That
they
might
be
removed
till
their
proceedings
should
be
first
judged
.
3.
I
deny
not
but
this
Exception
behoved
to
have
been
tried
and
discussed
,
as
to
the
relevancy
of
it
,
so
far
as
was
needful
for
laying
aside
of
the
Commissioners
till
further
trial
:
and
to
that
which
the
Author
saith
,
That
it
could
not
be
done
because
it
did
involve
a
great
Question
de
jure
,
which
was
yet
questionable
,
and
not
clear
;
whereas
it
is
yeelded
by
the
Writer
,
that
the
Exception
ought
to
be
relevant
in
Law
,
at
least
such
as
prima
fronte
seems
relevant
.
I
answer
.
That
that
Question
was
(
prima
fronte
)
relevant
in
Law
,
because
prima
fronte
agreeable
to
the
very
letter
of
the
Law
.
I
may
appeal
to
himself
,
if
the
Publick
Resolutions
do
not
prima
fronte
seem
to
be
contrary
to
many
things
formerly
exprest
in
the
Acts
,
Constitutions
and
Publick
Papers
of
this
Church
;
and
though
he
would
deny
it
,
yet
sure
I
am
all
indifferent
men
will
acknowledg
it
,
that
whatsoever
may
be
in
the
matter
it self
,
yet
there
is
at
least
a
seeming
contrariety
betwixt
these
:
I
shall
remember
him
of
the
speech
of
a
judicious
and
godly
man
(
whose
words
are
cited
by
himself
in
his
Vindication
in
another
case
)
who
in
a
Conference
at
St.
Andrews
about
the
Publick
Resolutions
,
when
the
Acts
,
Warnings
and
Declarations
of
the
Assembly
was
objected
against
these
Resolutions
,
said
,
I
confess
that
you
have
the
Sough
of
the
Assemblies
for
you
:
yea
,
in
this
thing
that
prima
fronte
it
seems
to
be
so
,
we
have
the
universal
consent
almost
of
the
whole
Land
,
as
wel
these
who
are
for
the
Publick
Resolutions
,
as
those
who
are
against
them
;
else
what
meant
that
which
was
so
frequent
in
the
mouths
of
some
of
the
Commission
,
and
many
others
the
last
year
,
who
when
Acts
of
Assemblies
and
Publick
Papers
were
objected
,
said
,
That
some
men
who
had
hand
in
the
penning
of
these
Papers
had
upon
design
foisted
in
many
things
in
them
,
which
they
now
made
use
of
against
the
Publick
Resolutions
;
and
that
which
was
then
,
and
is
still
frequenaly
spoken
by
the
generality
of
malignant
and
disaffected
men
in
the
Land
,
to
wit
,
The
Church
is
now
come
to
us
,
and
we
are
not
gone
to
them
.
These
things
are
more
palpable
and
better
known
then
that
they
can
with
any
colour
of
truth
be
denied
.
But
3.
Was
not
the
Exception
propounded
by
the
Protesters
against
the
Commissioners
discussed
by
the
Assembly
,
as
to
the
relevancy
thereof
,
before
the
election
of
the
Moderator
?
Did
they
not
,
after
the
propounding
of
it
,
suffer
the
Commissioners
to
sit
?
which
they
could
not
have
done
unless
they
had
rejected
it
:
And
how
could
they
reject
it
,
unless
they
had
found
it
irrelevant
?
Was
not
the
allowing
of
the
Commissioners
to
sit
,
after
propounding
of
,
and
debate
upon
that
Exception
,
as
real
a
judging
of
the
irrelevancy
thereof
,
as
the
removing
of
other
Commissioners
upon
Exceptions
propounded
against
them
,
was
a
judging
of
those
Exceptions
to
be
relevant
?
yea
,
doth
not
he
himself
expresly
say
in
answer
to
the
Writers
Dilemma
,
That
it
was
indeed
to
be
determined
,
that
it
was
not
relevant
in
that
circumstance
of
time
?
4.
I
see
not
to
what
purpose
it
is
,
that
he
tels
us
,
That
the
election
of
Commissioners
was
not
questioned
in
their
Presbyteries
,
that
some
of
the
Protesters
voted
and
consented
to
the
chusing
of
them
:
That
they
had
a
formal
Commission
,
and
that
the
Exception
was
personal
as
to
that
Assembly
,
&
not
propounded
against
their
being
Commissioners
,
but
now
in
the
Assembly
conveened
:
What
is
all
this
as
to
the
keeping
of
the
Assembly
from
considering
and
discussing
of
the
same
?
Were
there
not
others
who
had
a
formal
and
uncontroverted
Commission
,
not
objected
against
in
the
Presbytery
,
who
yet
upon
personal
exceptions
propounded
in
the
Assembly
,
were
removed
til
these
exceptions
should
be
discussed
and
tried
?
And
was
it
not
as
free
to
propound
personal
exceptions
in
the
Assembly
as
in
the
Presbytery
?
and
being
propounded
there
,
were
they
not
of
as
great
weight
as
if
propounded
els-where
?
And
ought
not
the
Assembly
to
have
taken
them
in
consideration
?
Were
they
not
primo
instanti
,
the
proper
Judges
of
them
,
as
well
as
the
Presbytery
?
That
some
of
the
Commissioners
were
chosen
by
express
vote
and
consent
of
some
of
the
Protesters
themselves
,
as
Mr.
Robert
Blaire
in
the
Presbytery
of
St.
Andrews
,
Mr.
James
Wood
in
the
University
of
St.
Andrews
by
Mr.
Sam.
Rutherford
;
it
may
be
true
,
Mr.
Sam.
Rutherford
his
desire
of
Peace
and
testifying
of
respect
to
these
men
being
such
as
it
is
,
together
with
the
hopes
that
he
had
of
their
being
instrumental
to
accommodate
things
in
a
right
way
at
the
Assembly
:
but
that
hinders
not
why
the
Protesters
might
not
warrantably
propound
the
Exception
at
the
Assembly
.
Another
branch
is
,
That
the
Assembly
had
not
as
yet
chosen
their
Moderator
,
and
was
not
yet
constitute
,
and
therefore
could
not
discuss
that
question
,
&c.
But
not
to
repeat
that
they
did
discuss
the
relevancy
of
other
Exceptions
,
yea
,
of
that
same
that
was
propounded
against
the
Commissioners
,
as
to
their
sitting
,
or
not
sitting
till
the
matter
should
be
further
tried
:
It
is
to
be
considered
,
that
if
controverted
Commissions
and
Members
,
upon
Exceptions
propounded
against
them
,
be
laid
aside
till
trial
,
which
hath
alwaies
been
the
custom
of
the
Assemblies
of
this
Church
.
It
is
not
so
very
material
whether
the
ful
discussing
of
the
Exception
be
before
the
chusing
of
the
Moderator
or
after
it
;
there
are
practises
and
instances
of
both
wayes
;
some
Assemblies
first
discussing
the
controverted
Commissions
and
Members
,
and
then
chusing
the
Moderator
;
others
laying
aside
these
things
til
the
Moderator
be
first
chosen
;
and
then
immediatly
before
the
doing
of
any
thing
else
,
falling
upon
the
discussing
of
them
;
though
it
seems
the
most
regular
way
,
that
the
controverted
Commissions
and
Members
be
laid
aside
,
the
uncontroverted
ones
being
a
competent
number
,
should
proceed
to
the
choice
of
a
Moderator
,
and
thereafter
,
before
the
doing
of
any
thing
else
,
put
that
to
a
point
which
concerns
the
rest
of
their
constituent
Members
.
In
the
case
now
in
question
both
were
desired
,
either
to
discuss
the
Exception
,
as
to
the
truth
or
falshood
of
the
alleadgance
before
the
chusing
of
a
Moderator
;
or
else
,
to
lay
aside
the
Commissioners
,
and
to
do
it
immediatly
thereafter
:
but
both
were
refused
,
which
was
the
more
considerable
,
because
the
Exception
propounded
against
them
,
was
but
meerly
personal
,
or
upon
personal
or
particular
scandals
,
but
of
more
common
concernment
,
and
in
things
relating
to
the
Cause
,
as
breach
of
Publick
Trust
,
defection
from
the
Cause
and
Covenant
,
which
did
require
consideration
before
the
admitting
these
persons
.
I
would
ask
the
Author
this
one
Question
:
Upon
supposal
that
the
Assembly
after
the
Commissioners
sitting
and
voting
therein
many
dayes
;
yea
,
even
in
the
condemning
of
the
Protestation
,
and
citing
of
the
Protesters
;
should
have
found
their
proceedings
to
involve
a
course
of
defection
from
the
Cause
and
Covenant
,
and
therupon
have
removed
and
censured
them
:
Could
Beholders
have
looked
upon
this
as
a
handsom
way
of
proceeding
,
that
they
would
not
take
into
consideration
an
Exception
deserving
such
things
,
when
it
was
first
propounded
unto
them
,
and
offered
to
be
instructed
;
but
would
judge
the
Exception
irrelevant
,
censure
others
for
protesting
,
because
of
refusing
to
accept
of
it
:
admit
the
Commissioners
to
be
fellow-Judges
in
condemning
that
Protestation
&
after
al
this
find
these
Commissioners
guilty
of
the
thing
alleadged
in
that
same
very
Exception
when
ffrst
proponed
,
&
remove
&
censure
them
upon
it
;
Are
things
handsom
?
or
do
they
wel
cohere
?
or
can
a
tender
eye
look
upon
them
without
offence
?
How
much
fairer
had
it
been
,
first
to
remove
them
,
and
presently
or
immediately
after
the
choice
of
the
Moderator
,
to
discuss
the
Exception
?
There
is
more
danger
to
the
Cause
,
&
offence
to
God
&
his
People
in
rash
admiting
such
as
are
guilty
,
then
in
cautious
delaying
even
of
innocent
persons
when
legally
challenged
:
If
innocent
,
they
may
afterwards
be
admitted
with
more
honour
and
respect
;
but
if
guilty
,
either
they
shal
be
continued
Members
with
much
detriment
to
the
cause
,
or
else
shal
be
casten
out
with
more
shame
both
to
themselvs
and
to
the
Assembly
,
who
at
first
refused
to
lay
them
aside
till
they
were
tryed
.
Because
the
Author
saw
that
an
objection
might
be
moved
against
what
he
hath
said
from
the
Assemblies
removing
of
other
Members
who
were
excepted
against
before
the
choice
of
the
Moderator
;
therefore
for
preventing
of
it
he
tells
us
,
that
there
was
a
wide
difference
,
because
the
exceptions
against
them
,
were
as
to
their
relevancie
for
their
removing
,
in
cases
every
way
clear
and
determined
before
,
in
so
far
as
was
requisite
for
that
,
to
wit
,
Protestations
in
Presbyteries
against
their
election
,
standing
censures
,
excluding
them
from
all
Church-Judicatories
unrepealed
:
To
which
I
return
these
particulars
;
First
,
Some
even
before
the
choice
of
the
Moderator
were
removed
upon
exceptions
against
whose
elections
there
was
no
Protestation
,
and
who
were
under
no
standing
censure
either
of
one
kinde
or
another
,
to
wit
,
Mr.
Robert
Canden
Commissioner
from
the
Presbytery
of
Dunce
,
who
was
removed
upon
this
exception
,
that
that
Presbytery
could
not
choose
Commissioners
,
being
so
few
in
number
as
they
were
;
here
was
no
Protestation
,
the
man
under
no
censure
,
yea
nor
the
ground
of
the
exception
clear
and
unquestionable
in
Law
as
to
any
act
of
any
former
Assembly
,
onely
primâ
fronte
,
it
seemed
relevant
that
two
or
three
could
not
choose
;
therefore
was
be
thereupon
removed
,
though
afterwards
,
(
if
my
information
hold
)
he
was
again
(
as
seems
upon
not
finding
the
exception
not
relevant
)
admitted
.
Secondly
,
Neither
was
a
Protestation
against
the
election
,
sufficient
to
make
it
clear
upon
the
Authors
grounds
.
I
suppose
that
it
had
been
alleadged
,
that
the
ground
of
the
Protestation
was
not
clear
,
but
questionable
;
as
to
the
relevancy
of
it
by
his
ground
such
a
Protestation
against
the
election
,
would
not
have
been
enough
to
lay
the
Commissioners
aside
,
till
the
matter
had
been
tryed
.
To
come
nearer
the
case
,
let
us
suppose
that
some
of
the
opposers
of
Publick
Resolutions
had
in
the
Presbyterie
or
in
the
Universite
of
St.
Andrews
protested
against
the
election
of
the
Commissioners
there
,
upon
this
ground
,
that
these
who
were
elected
,
were
instrumentall
in
the
Publick
Resolutions
,
will
the
Author
,
say
,
this
had
been
sufficient
to
lay
these
Commissioners
aside
,
from
sitting
as
Members
of
the
Assembly
,
till
the
matter
had
been
tryed
:
If
so
,
why
then
was
not
the
proponing
of
that
exception
in
the
Assembly
against
all
these
who
were
Members
of
the
Commission
,
and
had
hand
in
these
Resolutions
,
sufficient
to
lay
them
aside
:
Os
,
if
that
be
denyed
,
I
would
desire
to
know
a
reason
of
the
difference
,
if
it
be
said
,
that
all
the
Commissions
which
were
laid
aside
,
because
of
Protestations
against
them
,
were
such
as
were
protested
against
upon
clear
&
unquestionable
grounds
.
I
answer
,
that
it
was
not
so
,
as
appears
by
the
instance
already
given
,
to
which
I
adde
another
,
to
let
see
what
partiality
of
proceeding
there
was
in
these
things
even
upon
the
Authors
own
grounds
:
Did
not
the
Assembly
lay
aside
the
Commission
of
these
who
were
first
chosen
by
the
Presbytery
of
Glasgow
upon
this
ground
,
that
the
Commissioners
were
opposers
of
the
Publick
Resolutions
,
which
(
if
we
may
believe
the
Author
)
was
yet
a
questionable
hypothesis
in
jure
.
Thirdly
,
I
suppose
that
in
these
cases
which
(
he
saith
)
were
clear
,
any
persons
interested
should
have
objected
,
that
the
Protestation
was
false
and
fictitious
;
or
that
their
being
uoder
censure
,
was
a
meer
alleadgance
,
or
that
the
ground
of
the
Protestation
and
censure
was
an
hypothesis
not
yet
determined
in
jure
.
I
ask
him
,
whether
the
Assembly
in
these
cases
,
was
to
admit
the
persons
,
or
to
lay
aside
the
Commissions
,
and
remove
the
persons
,
till
the
matter
should
be
tryed
?
If
he
say
,
they
were
not
to
be
admitted
,
then
they
behoved
to
refuse
to
hear
all
Parties
interessed
,
and
to
take
a
questionable
case
for
clear
and
granted
,
before
they
hear
and
try
which
seems
to
be
absurd
.
If
he
say
,
that
they
were
to
fall
upon
the
discussing
of
questions
and
objections
hinc
inde
,
then
I
pray
you
,
why
not
one
questionable
exception
as
well
as
another
?
Why
not
the
questionable
exception
proponed
against
the
Commissioners
,
as
well
as
the
questionable
exception
contained
in
the
Protestation
against
the
election
in
Presbyteries
?
And
if
he
say
,
that
it
was
not
absurd
to
lay
aside
the
persons
,
notwithstanding
of
their
alleadging
that
the
Protestation
was
false
and
fictitious
,
&c.
but
that
the
matter
being
questionable
,
they
were
to
be
laid
aside
till
it
should
be
tryed
and
cleared
;
then
why
not
also
the
Commissioners
upon
the
exception
of
a
scandall
of
defection
proponed
against
them
notwithstanding
of
their
denying
thereof
,
and
asserting
the
contrary
,
seeing
(
by
his
own
ground
)
the
matter
was
not
yet
clear
to
the
Assembly
,
either
upon
the
one
hand
or
the
other
.
By
these
things
we
may
see
what
will
come
of
the
Authors
conclusion
,
to
wit
,
that
no
exception
questionable
could
be
discussed
,
until
the
Judicatory
were
first
constituted
,
and
the
Moderator
chosen
;
and
that
therefore
it
makes
nothing
against
the
freedom
of
the
late
Assembly
,
that
before
it
was
constituted
,
and
the
Moderator
chosen
,
that
the
Commissioners
were
not
removed
upon
the
exception
made
against
them
,
because
the
relevancy
of
the
exception
was
questionable
in
many
things
de
jure
,
belonging
thereunto
,
being
controverted
at
least
,
and
not
primâ
fronte
clear
;
the
clearing
and
discussing
whereof
,
did
belong
most
intimately
and
essentially
to
the
verifying
or
falsifying
of
the
exception
upon
the
matter
it self
;
whereupon
the
Meeting
not
constitute
into
a
Judicatory
could
not
meddle
;
upon
which
Conclusion
I
ask
these
questions
.
First
,
If
no
exception
questionable
could
be
discussed
untill
the
Judicatory
were
constitute
,
and
the
Moderator
chosen
,
then
,
how
did
the
Meeting
at
St.
Andrews
before
the
constituting
of
the
Judicatory
,
and
choosing
of
the
Moderator
,
reject
the
exception
proponed
by
the
Protesters
against
the
Commissioners
,
as
not
relevant
to
remove
them
,
was
not
that
to
discusse
an
exception
questionable
,
as
to
the
relevancie
of
being
a
ground
of
removing
or
not
removing
.
Secondly
,
I
ask
how
it
came
to
passe
that
they
removed
the
Commissioners
of
Glasgow
upon
the
exception
of
their
opposing
the
Publick
Resolutions
,
was
not
that
also
to
discusse
an
exception
questionable
,
as
to
the
relevancie
of
being
a
ground
,
as
before
.
Thirdly
,
If
the
relevancy
of
the
exceptions
was
questionable
in
many
points
De
jure
belonging
thereunto
,
the
clearing
and
discussing
whereof
,
did
belong
most
intimatly
and
essentially
to
the
verifying
or
falsifying
of
the
matter
it self
,
how
could
it
be
judged
and
discussed
as
to
the
relevancy
thereof
,
and
yet
this
be
no
prejudice
to
a
judgement
upon
the
matter
contained
therein
?
or
how
could
the
exception
be
found
non-relevant
,
and
the
Commissioners
proceedings
be
also
found
to
involve
a
course
of
defection
.
Fourthly
,
If
the
clearing
and
discussing
of
that
exception
had
such
connection
with
the
matter
of
the
Commissioners
proceedings
that
first
when
it
was
proponed
,
it
could
not
be
judged
before
the
judging
of
the
questionable
hypothesis
of
their
proceedings
,
how
came
it
to
pass
that
the
Assembly
afterward
did
judge
it
,
and
admitted
the
Commissioners
themselves
to
sit
as
judges
therein
before
the
judging
of
that
hypothesis
.
Fifthly
,
If
the
exception
was
so
questionable
in
jure
,
how
could
the
Assembly
before
the
discussing
of
the
Commissioners
proceedings
,
so
severely
reprove
the
dissenters
for
proponing
of
it
,
and
condemne
the
Protestation
founded
thereupon
.
These
things
to
my
weak
understanding
seems
inconsistent
,
and
such
as
ordinary
Readers
cannot
reconcile
.
In
the
last
place
he
labors
to
give
answer
to
the
writers
Dilemma
,
to
wit
,
at
the
refusing
to
remove
the
Commissioners
upon
the
exception
proponed
against
them
,
was
to
determine
either
that
the
exception
was
not
relevant
,
or
it
was
false
,
but
both
were
absurd
.
His
answer
is
,
That
it
was
indeed
to
be
determined
,
that
it
was
not
relevant
in
that
circumstance
of
time
when
it
was
proponed
for
removing
of
them
from
the
Assembly
,
and
this
he
denyes
to
have
been
absurd
or
to
contradict
clear
reason
,
and
tells
us
,
that
he
hath
cleared
the
contrary
.
When
I
had
read
these
words
again
and
again
,
I
could
not
with
any
perswasion
,
fall
upon
the
Authors
meaning
,
his
way
of
expression
being
dubious
,
he
saith
,
it
was
to
be
determined
,
which
makes
me
suspect
that
he
may
haply
point
at
the
determination
which
was
afterwards
made
by
the
Assembly
,
when
the
relevancy
of
that
exception
was
condemned
in
the
Protestation
:
If
that
be
his
meaning
,
he
hath
but
covered
himself
with
fig-tree
leaves
,
because
the
rejecting
of
it
was
the
actuall
determining
of
the
irrelevancy
of
it
,
as
to
the
being
a
ground
of
removing
the
Commissioners
out
of
the
Assembly
;
but
if
he
mean
that
it
was
determined
not
relevant
when
proponed
;
I
would
know
why
it
was
not
relevant
in
that
circumstance
of
time
,
whether
because
of
the
matter
contained
therein
,
as
not
being
relevant
in
jure
,
or
because
the
Assembly
could
not
judge
thereof
,
the
Moderator
not
being
yet
chosen
,
nor
the
Assembly
constituted
?
If
he
say
,
not
relevant
upon
the
matter
at
that
circumstance
of
time
,
then
this
non-relevancie
was
either
because
the
exception
was
founded
upon
things
done
by
the
Commissioners
agreeable
to
the
Law
,
and
so
no
matter
of
exception
,
but
matter
or
commendation
,
or
else
because
founded
upon
things
questionable
,
and
yet
not
determined
in
jure
:
Not
the
first
,
because
that
had
been
to
determine
the
Commissioners
proceedings
to
be
agreeable
to
the
Law
before
the
trying
of
them
:
Not
the
last
,
because
that
had
been
to
determine
,
that
the
proceedings
of
the
Commissioners
were
not
yet
determined
by
the
doctrine
of
the
Church
of
Scotland
,
before
the
trying
and
judging
of
these
proceedings
.
The
truth
is
,
the
Assembly
gave
no
such
judgment
upon
that
exception
,
nor
no
such
reason
of
their
rejecting
of
it
;
but
the
only
reason
that
was
spoken
of
,
and
did
carry
the
businesse
in
the
Assembly
was
,
that
the
Assembly
could
not
fall
upon
the
tryall
of
it
,
the
Moderator
not
yet
being
chosen
,
and
the
Assembly
not
constituted
;
&
if
this
be
the
Authors
meaning
,
when
he
saith
it
waa
indeed
to
be
determined
not
relevant
in
that
circumstance
of
time
when
it
was
proponed
.
It
is
no
answer
at
all
;
First
,
Because
the
Assembly
could
have
judged
thereof
before
the
choosing
of
the
Moderator
,
other
Assemblies
severall
times
having
so
done
;
and
this
same
Assembly
did
judge
the
relevancy
of
sundry
exceptions
,
as
to
the
laying
aside
of
the
Commissioners
;
yea
the
irrelevancy
of
this
same
exception
by
the
Authors
own
concession
in
these
very
words
;
by
what
authority
they
could
judge
the
relevancy
of
one
exception
,
by
the
same
authority
they
might
have
judged
the
relevancy
of
another
,
and
by
what
authority
they
could
reject
it
as
irrelevant
,
by
the
same
authority
they
could
have
discussed
it
relevant
or
not
relevant
.
Secondly
,
Because
it
was
also
urged
after
the
choosing
of
the
Moderator
,
but
was
not
then
condescended
unto
;
but
the
Commissioners
against
whom
it
was
proponed
,
were
still
allowed
to
sit
as
Members
of
the
Assembly
,
without
having
any
regard
to
that
exception
,
which
gave
probable
grounds
to
think
,
that
the
rejecting
of
it
before
the
choice
of
a
Moderator
upon
that
pretext
,
was
but
a
meer
pretext
:
because
a
Moderator
now
being
chosen
,
it
was
still
rejected
;
and
therefore
rejected
as
simpliciter
irrelevant
,
without
reference
to
any
circumstance
of
time
,
as
appeareth
by
condemning
it
in
the
Protestation
.
But
it
may
haply
be
said
,
That
by
the
circumstance
of
time
when
it
was
proponed
,
he
means
all
the
intervall
of
time
that
was
between
the
proponing
of
it
,
and
the
judging
of
the
Commissioners
proceedings
.
If
so
it
was
relevant
in
no
circumstance
of
time
,
it
being
proponed
meerly
in
order
to
their
removall
for
that
intervall
of
time
,
when
their
proceedings
were
now
approven
and
condemned
,
it
would
have
been
very
impertinent
and
uselesse
to
propone
any
such
exception
.
He
would
let
his
Readers
know
in
what
circumstance
of
time
it
was
relevant
.
As
to
the
removing
of
the
Commissioners
before
judging
of
their
proceedings
;
for
if
any
circumstance
of
that
time
it
was
relevant
,
the
Assembly
did
wrong
in
not
finding
it
to
be
so
;
and
if
in
no
circumstance
of
that
time
it
was
relevant
as
to
that
effect
,
he
doth
but
triffle
with
his
Readers
in
telling
them
that
it
was
not
relevant
in
that
circumstance
of
time
it
was
proponed
,
it
had
been
candide
and
fair
dealing
to
have
told
them
that
it
was
relevant
in
no
circumstance
of
that
time
,
or
not
relevant
at
all
,
but
this
would
not
have
been
well
digested
.
VINDICATION
.
SO
we
shall
now
passe
to
the
next
ground
of
the
Protestation
,
what
is
contained
in
the
Writer
of
the
second
Paper
his
replyes
to
the
first
objection
;
or
other
Objections
is
either
nothing
to
the
infringing
of
our
answer
,
or
cleared
by
what
hath
been
said
already
,
only
this
much
I
adde
,
These
men
who
he
saith
hath
fallen
from
their
stedfastnesse
,
and
made
defection
,
at
which
others
could
not
wink
,
because
of
their
former
integrity
;
some
of
them
have
been
stedfast
in
the
truth
and
Cause
of
God
,
when
others
that
accuses
them
knew
it
not
:
some
of
them
we
doubt
not
will
by
Gods
grace
give
testimony
of
their
stedfastnesse
in
it
in
their
suffering
condition
,
when
some
that
accuses
them
may
be
will
be
found
,
or
already
are
tampering
about
and
devising
glosses
how
they
may
with
some
colour
shuffell
themselves
loose
from
Articles
of
the
Covenant
;
And
the
Writer
shal
never
be
able
to
instance
that
they
have
made
defection
in
their
late
Resolutions
,
either
from
any
Article
of
the
Covenant
,
or
from
the
truth
of
Religion
in
any
head
thereof
,
Doctrine
,
Worship
,
Discipline
and
Government
received
and
established
in
this
Kirk
,
or
from
practising
according
to
that
truth
,
I
mean
by
any
Publick
allowed
practise
or
course
contrary
thereunto
,
for
as
for
person
all
failings
add
short
commings
in
particular
duties
,
they
know
themselves
to
be
but
men
compassed
with
a
body
of
death
,
and
we
doubt
not
but
they
are
as
far
from
Pharisaicall
justifying
of
themselves
as
others
.
As
to
the
other
partculars
mentioned
in
the
Protestation'
that
they
stirred
up
the
Civill
Magistrate
against
such
as
were
unsatisfied
with
their
Proceedings
;
It
s
contrary
to
truth
as
shall
be
cleared
afterwards
,
there
alleadged
prelimitating
of
the
Assembly
,
is
cleared
before
,
as
it
formed
and
inlarged
in
the
second
Paper
.
The
Meeting
at
St.
Andrews
had
no
liberty
nor
freedome
to
vote
in
matters
agitated
and
debated
therein
,
which
is
alleadged
to
be
manifest
from
the
particulars
,
that
the
Commission
had
in
their
Remonstrances
and
Papers
stirred
up
the
Civill
Magistrate
against
such
as
did
differ
from
them
in
their
Resolutions
and
Proceedings
,
and
accordingly
the
Magistrate
had
confined
some
Ministers
;
viz.
those
of
Sterline
upon
that
accompt
,
and
had
made
Laws
and
Acts
of
Parliament
ordaining
all
such
to
be
proceeded
against
as
enemies
to
Religion
and
the
Kingdom
.
2.
The
Commissioners
had
by
their
Warnings
and
Papers
to
Presbyteries
,
stirred
up
the
Presbyteries
to
censure
such
,
and
cite
them
to
the
Generall
Assembly
,
and
accordingly
the
Presbyteries
did
cite
many
of
them
.
3.
The
Kings
Majesty
wrote
to
the
Assembly
a
Letter
moving
and
stirring
them
up
to
punish
and
censure
those
who
differed
from
the
Publick
Resolutions
,
and
the
Commissioner
did
second
the
same
by
his
speech
to
the
Assembly
,
intimating
,
that
he
hoped
such
a
course
should
be
taken
with
them
,
that
all
others
may
be
deterred
from
the
like
thereafter
,
none
of
these
things
that
Meeeing
did
resent
,
but
were
silent
thereat
,
and
afterwards
did
approve
.
I
Answer
,
To
the
first
particular
,
it
is
contrary
to
the
truth
that
the
Commission
had
in
their
Papers
stirred
up
the
Civill
Magistrate
against
such
as
did
differ
from
them
about
their
Resolutions
and
Proceedings
;
the
Writer
if
he
would
have
dealt
ingenuously
and
faithfully
,
either
with
the
Commissioners
,
or
with
such
as
was
to
read
this
Paper
,
he
should
have
instanced
or
produced
some
,
at
least
one
or
two
(
for
he
speaks
as
if
this
had
been
done
in
sundry
Papers
)
passages
out
of
their
Papers
bearing
this
.
2.
That
the
Civill
Magistrate
did
confine
(
as
the
Writer
termeth
,
their
requiring
them
to
stay
at
Perth
for
a
space
,
untill
their
businesse
should
be
cognosced
)
the
Ministers
of
Sterlin
being
stirred
up
thereunto
by
the
Commissioners
,
and
that
he
confined
them
upon
that
accompt
,
viz.
That
they
differed
from
the
Publick
Resolutions
,
both
are
affirmed
wrongfully
and
contrary
to
the
truth
,
the
real
story
of
that
businesse
was
this
in
summe
:
The
Committee
being
informed
that
the
Ministers
of
Sterlin
were
in
their
publick
Doctrine
,
and
otherwise
practising
the
hindering
of
the
Leavies
,
according
to
Publick
Resolutions
,
and
moving
sundry
persons
in
the
Garrison
of
Sterlin
to
quite
and
desert
their
charge
,
which
tended
to
the
endangering
of
the
whole
Land
,
and
particularly
that
Garrison
,
the
only
Bulwark
of
the
whole
land
under
God
,
the
Committee
represented
the
matter
to
the
Commission
of
the
Generall
Assembly
,
shewing
them
that
they
could
not
permit
that
Garrison
to
be
endangered
,
yet
in
regard
they
were
Ministers
,
they
desired
the
Commission
to
take
a
dealing
with
them
first
,
and
required
the
Commission
to
make
report
to
them
what
effect
their
dealing
with
their
brethren
should
take
.
The
Commissioners
accordingly
having
met
at
St.
Andrews
,
and
having
had
a
Conference
with
these
Brethren
,
&
having
found
by
their
own
acknowledgment
that
in
Publick
they
had
practised
against
Publick
Resolutions
,
&
in
private
had
given
to
some
persons
as
they
said
,
asking
their
advice
,
resolution
that
it
was
not
lawfull
to
continue
in
that
service
being
in
such
a
conjunction
as
the
Resolutions
carried
:
First
they
laboured
to
give
them
satisfaction
about
their
resolutions
,
but
having
effectuated
nothing
therein
,
at
last
they
dealt
with
them
in
most
earnestnesse
and
tenderness
,
both
publickly
and
privatly
to
give
assurance
that
they
would
not
proceed
to
do
or
speak
any
thing
in
their
Publick
Doctrine
,
or
in
private
to
the
hindering
and
obstructing
of
the
Leavies
which
were
going
on
,
according
to
the
Resolutions
;
or
might
tend
to
the
moving
of
any
of
the
Garrison
to
quite
their
charge
,
which
they
refused
peremptorily
to
do
,
and
so
departed
home
from
the
Conference
:
The
Commission
having
sent
a
meer
report
and
narration
;
rei
gestae
,
without
more
or
less
to
the
Committee
of
Estates
,
according
as
they
were
required
;
the
Committee
required
these
Brethren
by
Letter
to
come
to
Perth
,
that
some
course
might
be
taken
in
relation
to
them
for
securing
the
Garrison
of
Sterlin
from
danger
.
The
Brethren
having
come
to
Perth
,
but
not
at
the
first
Diet
appointed
to
them
,
the
Committee
required
them
to
attend
at
Perth
,
or
at
Dundee
,
untill
the
Kings
return
from
Aberdeen
,
that
there
might
be
a
more
ful
Meeting
of
the
Committee
,
a
great
part
of
the
most
considerable
members
thereof
being
with
him
,
after
the
Kings
return
,
a
Paper
being
sent
in
by
the
Committee
of
Estates
to
the
Commission
of
the
Kirk
,
requiring
the
Commissions
advice
as
about
other
Passages
that
had
passed
between
them
and
these
Brethren
,
what
should
be
done
with
these
Brethren
in
relation
to
securing
of
the
Garrison
of
Sterline
,
the
Commission
declared
in
their
answer
as
to
this
,
they
could
not
take
upon
them
to
determine
,
the
matter
being
meerly
Civil
,
but
that
they
desired
and
expected
that
the
Committee
would
deal
with
them
in
tendernesse
and
respect
,
as
being
Ministers
of
the
Gospel
;
this
is
the
truth
of
the
businesse
in
sum
,
so
it
doth
appear
evidently
,
that
the
Civill
Magistrate
did
confine
them
(
as
they
are
so
pleased
to
term
it
)
neither
being
stirred
up
thereunto
by
the
Commissioners
,
nor
yet
upon
their
accompt
of
meer
difference
from
the
Commission
,
and
Publick
Resolutions
,
but
upon
the
accompt
of
their
active
opposing
of
their
Resolutions
to
the
obstruction
of
the
Leavies
,
and
endangering
the
Garrison
,
and
their
refusing
to
desist
from
that
opposition
;
but
neither
must
it
be
forgotten
here
what
was
the
time
of
that
confinment
(
as
the
Writer
termeth
it
)
and
compearing
of
these
Brethren
before
the
Committee
:
If
the
Writer
be
ignorant
of
it
,
let
him
know
it
was
this
,
Mr.
Robert
Dowglas
,
and
Mr.
James
Wood
being
dealt
with
by
some
of
these
Brethrens
intimate
friends
,
to
interceed
with
the
Parliament
that
was
then
conveened
to
passe
from
calling
them
further
,
did
readily
undertake
it
&
obtained
their
desire
,
so
that
they
were
dismissed
presently
,
and
then
one
of
these
Brethren
came
and
acknowledged
to
these
two
their
kindnesse
done
in
their
behalfe
,
yet
now
in
the
Protestation
,
and
in
this
second
Paper
it
is
requited
with
a
slander
,
that
they
with
other
Commissioners
stirred
up
the
Civill
Magistrate
against
them
for
differing
from
Publick
Resolutions
.
REVIEW
.
BEfore
the
Author
come
to
answer
the
next
ground
of
the
Protestation
;
he
takes
notice
of
somethings
,
and
but
of
somethings
,
(
passing
by
many
others
)
spoken
of
by
the
Writer
in
his
answer
concerning
the
Commissioners
,
their
stedfastnesse
and
falling
off
from
it
.
To
which
I
reply
,
that
though
it
may
be
true
that
some
of
them
have
been
stedfast
in
the
Truth
&
Cause
of
God
,
when
others
whom
he
calls
their
accusers
knew
it
not
,
that
will
neither
justifie
the
one
nor
condemn
the
other
;
In
the
things
of
God
it
doth
sometimes
fall
out
,
that
the
first
are
last
,
and
the
last
first
;
though
yet
if
he
make
an
impartiall
reckoning
,
I
believe
that
neither
he
nor
his
party
have
reason
to
prefer
themselves
before
the
Protesters
for
men
of
integrity
,
and
old
standing
in
the
Cause
of
God
,
nor
yet
to
boast
themselves
,
as
though
there
were
none
among
them
who
had
but
lately
come
to
know
the
Cause
of
God
;
I
hope
no
Protester
doth
,
or
shall
envy
some
of
these
mens
giving
testimony
of
their
stedfastnesse
for
the
time
to
come
in
their
sufferings
.
The
Lord
fit
them
&
all
his
people
so
to
do
:
But
it
is
not
enough
for
the
Author
to
speak
thus
promisingly
of
them
,
unles
upon
his
may
bees
he
do
also
prognosticat
evil
of
others
:
He
tels
us
,
that
when
some
of
these
accusers
it
may
be
wil
be
found
tampering
,
or
already
are
tampering
about
or
devising
glosses
how
they
may
with
some
colour
shufle
themselvs
loose
from
Articles
of
the
Covenant
,
some
of
them
wil
give
testimony
of
their
stedfastnes
in
it
.
This
measure
wherewith
the
Author
repayeth
the
Protesters
,
is
more
then
an
eye
for
an
eye
,
and
a
tooth
for
a
tooth
;
they
did
not
except
against
the
Commissioners
upon
may
bees
,
but
upon
things
really
and
already
done
,
and
to
his
may
be
,
I
say
:
That
though
this
be
a
hour
of
temptation
,
wherein
many
turn
aside
both
to
the
left
hand
and
to
the
right
;
yet
I
hope
that
by
the
Lords
grace
,
the
generality
of
those
who
have
born
testimony
against
the
Publick
Resolutions
,
shal
be
found
among
the
most
stedfast
in
the
Land
in
the
Covenant
and
Cause
of
God
:
What
if
I
should
tell
him
that
it
may
be
when
opposers
of
Publick
Resolutions
are
keeping
their
integrity
,
and
cleaving
to
the
Covenant
,
some
men
of
no
small
note
who
have
been
,
and
still
are
zealous
for
these
Resolutions
,
will
be
licking
up
the
vomite
of
Malignancy
and
Prelacy
,
or
if
that
be
to
fish
too
far
before
the
net
;
I
am
content
to
appeal
to
himself
who
are
the
greatest
tamperers
of
this
time
,
whether
the
followers
of
the
Publick
Resolutions
or
the
opposers
of
them
.
I
do
not
resolve
to
deny
an
honourable
testimony
to
not
a
few
of
these
who
are
for
the
Publick
Resolutions
,
in
their
love
unto
,
and
stedfastnes
in
,
and
zeal
for
the
truth
in
other
things
,
nor
yet
to
justifie
the
turnings
aside
of
others
who
have
been
opposers
of
the
Publick
Resolutions
;
yet
I
think
it
will
not
be
questioned
that
the
generality
of
these
who
have
given
up
the
Interests
both
of
Church
&
State
into
the
hands
of
strangers
,
are
such
as
were
affectionatly
zealous
for
the
publick
resolutions
,
which
is
too
probable
an
evidence
that
their
professions
of
Repentance
the
last
year
,
and
of
zeal
for
the
Covenant
and
work
of
Reformation
,
and
of
love
to
the
King
,
and
of
desire
to
preserve
our
Liberties
were
not
straight
and
upright
;
and
that
the
Commission
of
the
Church
who
after
so
many
experiences
of
their
turning
aside
,
did
trust
them
,
and
were
instrumentall
to
imploy
them
in
defence
of
the
Cause
and
Kingdom
,
hath
cause
to
think
that
they
were
a
little
too
credulous
.
I
shal
not
insist
upon
what
the
Author
saith
of
the
Writers
never
being
able
to
prove
what
he
asserts
anent
the
Commissioners
their
making
defection
;
This
as
to
the
matter
of
the
Publick
Resolutions
,
hath
been
sufficiently
proven
either
by
him
or
others
,
and
needs
not
here
to
be
repeated
;
Therefore
I
come
to
what
he
brings
in
answer
to
these
things
which
are
brought
by
the
〈…〉
that
there
was
not
liberty
of
free
voting
in
the
Assembly
.
The
Writer
for
proving
this
,
alleadges
,
that
the
Commission
had
stirred
up
the
civill
Magistrate
against
such
as
did
differ
from
them
in
the
Publick
Resolutions
in
their
Warnings
and
Remonstrances
;
This
the
Author
denyes
as
being
contrary
to
truth
and
calls
for
proof
of
it
out
of
these
Warnings
and
Remonstrances
;
These
Warnings
and
Remonstrances
being
Publick
and
common
,
I
conceive
that
the
Writer
thought
it
not
needful
to
cite
the
places
,
nor
to
insist
much
upon
proof
of
the
business
other
ways
then
in
instancing
the
reall
effects
of
it
;
but
because
he
desires
evidence
from
these
Papers
he
shall
have
it
:
1.
The
Commission
in
their
short
exhortation
to
the
Ministers
and
Professors
of
this
Kirk
,
March
20.
1651.
expresse
themselves
thus
in
order
to
these
who
are
unsatisfied
with
,
or
do
oppose
the
Publick
Resolutions
;
The
Conscience
of
our
duty
(
according
to
the
trust
committed
to
us
,
and
the
carriage
of
some
who
either
opprest
with
a
lethargy
ly
stil
or
seased
upon
by
a
benumming
coldnes
move
slowly
,
or
carried
about
with
the
winde
of
strange
Doctrine
,
as
children
are
tossed
to
&
fro
&
move
contrarily
)
doth
constrain
us
to
lift
up
our
voices
,
&
from
the
watch
tower
whereon
we
are
set
to
give
Warning
to
the
Professors
&
Ministers
throughout
the
Land
,
&
to
wacken
them
up
to
their
duty
,
as
they
would
avoid
the
displeasure
of
the
Almighty
,
and
escape
the
deserved
punishments
and
censures
which
may
be
inflicted
by
Judicatories
Civill
and
Ecclesiastick
respective
upon
dificients
in
,
and
Delinquents
against
duty
,
according
to
the
degree
of
their
offence
,
and
again
in
the
same
Warning
,
having
applied
the
charecter
of
Malignants
to
such
as
through
dissatisfaction
with
Publick
Resolutions
,
were
silent
or
did
oppose
;
they
use
these
words
,
we
wish
it
may
be
the
care
of
all
to
shun
the
ways
that
may
bring
them
under
these
foul
charecters
,
and
wherby
they
may
run
themselves
under
the
hazard
of
the
displeasure
of
God
,
and
the
censures
of
the
Church
,
and
no
doubt
of
civil
punishments
also
to
be
inflicted
by
the
State
;
From
these
passages
these
two
things
are
manifest
:
1.
That
in
the
judgement
of
the
Commission
,
deficiency
in
the
Publick
Resolutions
,
by
not
moving
at
all
,
or
slow
moving
,
or
contrary
moving
,
was
deservably
lyable
to
punishment
by
the
Civill
Magistrate
.
2.
That
they
did
make
no
doubt
but
that
civill
punishment
would
be
inflicted
by
the
State
:
To
these
two
things
adde
,
That
this
exhortation
and
Warning
is
directed
to
all
the
Ministers
and
Professors
of
this
Kirk
,
and
so
to
the
civil
Magistrat
among
others
in
their
place
&
station
;
yea
,
no
doubt
before
the
emitting
thereof
,
it
was
by
way
of
correspondencie
,
according
to
the
constant
custome
kept
in
these
things
communicated
unto
the
State
;
let
any
indifferent
man
then
judge
whether
this
be
not
a
stirring
up
of
the
Civill
Magistrate
against
them
,
when
it
is
declared
to
the
Civill
Magistrate
in
a
publick
exhortation
and
Warning
to
duty
,
that
punishment
from
the
Civill
Magistrat
is
by
these
men
deserved
,
and
that
the
State
will
no
doubt
inflict
that
civil
punishment
in
answering
the
instances
of
the
Civil
Magistrate
his
Proceeding
accordingly
:
The
one
of
them
,
to
wit
,
their
making
of
Lawes
and
Acts
of
Parliament
,
appointing
such
to
be
proceeded
against
as
enemies
to
Religion
,
and
to
the
Kingdom
,
he
doth
not
so
much
as
once
touch
,
and
the
other
concerning
the
confining
the
Ministers
of
Sterline
,
he
doth
in
many
things
mince
and
pervert
,
therefore
for
informing
of
the
Readers
,
and
justifying
of
what
is
said
by
the
Writer
in
this
particular
;
I
shal
shortly
and
truly
set
down
the
matter
of
fact
so
far
as
is
needfull
,
and
make
some
remarks
upon
what
the
Author
saith
in
this
busin●sse
;
First
to
the
matter
of
fact
,
it
was
thus
:
After
that
the
Ministers
of
Sterline
did
return
to
their
stations
from
the
Conference
with
the
Commission
at
St.
Andrews
,
the
Committee
of
Estates
being
informed
by
the
Commission
of
the
result
of
that
Conference
,
and
hearing
that
the
Ministers
of
Sterline
did
continue
to
Preach
against
the
Publick
Resolutions
,
did
resolve
upon
a
Letter
containing
a
citation
,
to
come
to
Perth
to
be
written
from
the
Committee
to
these
Ministers
,
which
being
past
and
approven
in
the
Committee
,
was
immediatly
thereafter
by
some
of
their
number
communicated
to
the
Commission
of
the
Kirk
,
to
whom
it
was
publickly
read
,
without
so
much
as
the
least
signification
made
by
them
of
their
dislike
thereof
,
which
did
clearly
enough
import
their
approbation
of
the
same
,
because
it
was
the
custome
of
the
Commission
these
years
past
,
when
any
thing
was
communicated
unto
them
by
the
Parliament
or
Committee
of
Estates
,
with
which
they
were
not
satisfied
,
either
to
represent
their
dissatisfaction
in
a
humble
way
by
Writing
,
or
else
to
desire
a
Conference
thereupon
,
and
when
they
were
silent
,
it
was
always
exponed
to
import
their
satisfaction
;
This
Letter
being
dispatched
from
Perth
where
the
Committee
of
Estates
then
sate
,
to
the
Ministers
of
Sterline
,
it
came
not
to
their
hands
before
the
Tuesday
at
night
,
notwithstanding
that
it
had
been
writen
a
good
many
dayes
before
,
and
that
it
did
require
them
to
compear
before
the
Committee
the
next
day
after
recept
thereof
:
The
one
of
the
Ministers
being
somewhat
sickly
,
answer
was
returned
from
both
to
the
Lord
Chancelor
President
of
the
Committee
,
that
by
reason
of
his
weaknesse
,
they
could
not
well
keep
the
Diet
mentioned
in
the
Letter
,
but
that
in
the
case
of
his
being
able
to
travell
,
both
of
them
should
be
at
Perth
that
week
,
or
that
if
he
could
not
travell
,
the
other
should
come
without
fail
,
and
intreating
the
Lord
Chancelor
to
make
their
excuse
to
the
Committee
,
and
that
it
might
not
be
interpreted
as
any
sign
of
dis-respect
,
or
disobedience
,
that
they
did
not
come
instantly
upon
the
recept
of
the
Letter
,
seing
the
one
of
them
was
not
at
that
time
able
to
travell
:
This
Letter
being
communicated
by
the
Lord
Chancelor
to
the
Committee
upon
the
Thursday
,
they
were
pleased
notwithstanding
thereof
,
and
before
the
comming
or
hearing
of
these
Ministers
,
to
order
another
Letter
to
be
sent
unto
them
,
ordaining
them
to
come
to
Perth
before
the
next
Saturnday
at
night
,
and
to
stay
there
,
or
at
Dundee
til
the
Kings
return
from
Aberdeen
,
whether
he
was
then
going
;
before
this
second
Letter
came
to
their
hands
,
these
Ministers
came
to
Perth
upon
the
Friday
at
night
upon
the
first
Letter
,
and
making
application
to
the
Committee
of
Estates
on
the
Saturday
morning
,
did
(
after
Protestation
that
they
did
not
acknowledge
them
as
judges
in
the
matter
of
their
doctrine
)
profest
themselves
willing
and
ready
to
hear
and
to
answer
what
the
Committee
of
Estates
had
to
challenge
them
of
,
upon
which
the
Committee
did
intimate
unto
them
the
order
contained
in
their
second
Letter
,
and
caused
the
Clerk
deliver
the
same
unto
them
;
the
Ministers
of
Sterlin
after
hearing
the
order
contained
therein
,
did
earnestly
beseech
the
Committee
of
Estates
that
(
upon
surety
to
compear
when
they
should
be
called
for
)
they
might
have
liberty
to
return
to
their
Charges
,
which
being
denyed
,
they
did
in
the
next
place
desire
,
that
seing
they
had
no
purpose
to
go
unto
Dundee
,
they
might
be
permitted
to
go
3.
or
4.
miles
without
Perth
for
refreshing
of
themselves
,
which
favour
was
at
first
granted
,
and
within
a
little
space
thereafter
,
they
being
gone
to
their
lodgings
,
was
recalled
,
and
they
were
sent
for
to
come
back
to
the
Committee
of
Estates
;
and
when
they
came
it
was
intimated
unto
them
,
that
the
Committee
could
not
take
it
upon
them
to
allow
them
that
liberty
;
therefore
were
they
constrained
either
to
be
transgressors
of
the
Committees
order
,
or
else
to
abide
within
the
Town
of
Pearth
,
which
they
did
for
some
weeks
,
untill
the
King
and
others
of
the
Committee
,
having
returned
from
Aberdeen
upon
the
Friday
afternoon
,
and
a
report
being
made
in
the
Committee
of
Estates
what
had
past
concerning
the
Ministers
or
Sterline
,
they
did
that
same
night
appoint
another
order
to
be
sent
unto
them
,
ordaining
them
to
stay
in
the
Town
till
the
Commission
of
the
Church
should
meet
,
and
that
it
might
be
thought
upon
,
what
course
was
to
be
taken
in
these
things
,
which
was
accordingly
done
,
and
the
Parliament
meeting
at
Perth
the
next
week
thereafter
,
they
did
send
unto
these
Ministers
two
Massers
,
commanding
them
to
stay
that
week
;
which
being
expired
,
they
sent
unto
them
another
person
,
commanding
them
to
stay
their
further
order
.
During
this
time
the
Commission
of
the
Church
met
at
Pearth
,
to
whom
all
that
had
past
betwixt
the
Committee
of
Estates
and
these
Ministers
,
was
communicated
first
by
these
Ministers
themselves
,
and
afterwards
by
the
Parliament
,
who
desired
to
know
the
Commissions
judgment
of
two
Protestations
given
in
to
the
Committee
of
Estates
by
these
Ministers
,
the
sum
whereof
was
,
that
their
compearing
before
them
to
answer
in
these
things
that
did
relate
to
their
Doctrine
and
discharge
of
their
Ministeriall
function
,
might
not
import
that
they
did
acknowledge
them
to
be
competent
Judges
thereof
;
and
that
incroachment
was
made
upon
the
due
liberty
of
the
Subject
,
by
a
sentence
of
Confinement
past
upon
them
,
without
hearing
them
after
they
were
called
to
be
heard
;
Which
Protestations
being
taken
in
consideration
by
the
Commission
,
they
did
give
their
judgment
thereof
in
a
large
Paper
condemning
the
same
,
without
so
much
as
calling
these
Ministers
,
to
ask
a
reason
of
their
judgement
anent
the
things
contained
therein
,
notwithstanding
that
they
were
in
Town
,
and
had
communicated
the
same
unto
them
,
and
all
that
past
betwixt
the
Committee
of
Estates
and
them
,
by
this
narration
,
which
can
be
verified
from
the
Registers
and
Papers
themselves
,
as
to
the
substance
and
most
of
the
Circumstances
of
it
,
and
(
which
cannot
be
justly
contradicted
in
any
circumstance
thereof
,
for
if
it
should
,
can
be
attested
by
witnesses
)
it
appears
that
there
was
a
legall
sentence
of
Confinement
past
,
and
often
renewed
upon
these
Ministers
,
before
hearing
of
the
Party
,
and
that
this
Confinement
was
for
a
Moneths
time
,
and
that
with
was
done
therein
(
as
to
the
substance
of
it
)
was
done
with
the
knowledge
and
connivance
,
if
not
direct
approbation
and
allowance
of
the
Commission
.
The
Author
in
his
Relation
first
carps
at
the
word
of
Confinement
.
But
I
would
know
of
him
what
was
here
wanting
of
a
Confinement
,
properly
so
called
,
was
there
not
a
Judicial
Sentence
,
tying
those
Ministers
to
such
a
place
,
for
such
a
time
and
,
restraining
them
in
the
use
of
their
liberty
from
going
to
their
own
homes
and
stations
,
or
to
any
place
else
,
except
these
places
mentioned
in
the
Order
of
the
Committee
of
Estates
.
2.
He
alleadges
,
that
it
is
affirmed
wrongfully
and
contrary
to
the
truth
,
that
the
Commissioners
stirred
up
the
Civil
Magistrate
against
the
Ministers
of
Sterline
,
or
that
they
were
confined
upon
the
accompt
of
their
differing
from
the
publick
Resolutions
.
The
Writer
did
not
speak
of
any
particular
instigation
coming
from
the
Commissioners
to
the
civil
Magistrate
in
the
particular
of
these
Ministers
,
but
gives
one
Instance
therin
of
the
Magistrates
proceedings
according
to
the
general
warnings
of
the
Commission
wherin
they
do
declare
their
Judgment
of
the
desert
of
such
things
,
and
that
the
state
will
no
doubt
inflict
civil
punishment
upon
them
,
though
yet
besides
any
thing
that
is
already
spoken
that
the
Commission
was
acquainted
with
these
things
;
and
did
in
every
bodies
construction
allow
therof
:
Somewhat
more
could
be
told
him
concerning
some
leading
men
in
the
Commission
,
which
I
am
now
content
to
suppress
.
When
I
read
the
other
particular
,
to
wit
,
his
affirming
it
to
be
contrary
to
truth
,
that
they
were
confined
upon
accompt
of
differing
from
the
publick
Resolutions
:
I
did
somewhat
wonder
what
could
make
him
write
so
,
were
they
not
Confined
,
because
of
their
publick
Preaching
and
expressing
their
dissatisfaction
in
publick
and
private
with
these
Resolutions
.
The
Author
cals
it
,
Their
opposing
and
practising
against
publick
Resolutions
,
and
their
active
disposing
of
their
Resolutions
to
the
obstructing
of
the
Leavies
,
and
indangering
of
the
Garrison
,
and
their
refusing
to
desist
from
that
Opposition
,
let
him
give
it
as
many
names
as
he
will
,
and
aggravate
it
by
all
the
Circumstances
that
he
can
,
it
is
still
upon
the
accompt
of
their
differing
from
the
publick
Resolutions
,
doth
he
(
when
he
hath
strained
himself
to
the
utmost
)
give
instance
of
any
other
thing
,
or
of
any
thing
that
they
did
in
this
,
that
was
not
sutable
for
Ministers
to
do
in
the
discharge
of
their
ministerial
Function
.
Upon
supposal
that
these
Resolutions
were
wrong
,
they
write
publickly
to
the
Commission
against
the
Publick
Resolutions
,
they
Preached
publickly
against
them
,
they
gave
their
advice
to
such
as
asked
it
,
they
refused
to
de●st
;
what
was
in
al
this
that
would
have
been
blamed
in
a
Minister
in
the
unlawful
Engagement
in
the
48.
and
this
is
all
that
is
alleadged
.
As
for
their
indangering
of
the
Garrison
,
which
he
is
pleased
to
call
the
only
Bulwark
of
the
whole
Land
under
God
:
I
wish
that
it
may
be
remembered
,
and
laid
to
heart
,
That
the
Lord
was
graciously
pleased
(
as
long
as
these
Ministers
were
there
)
to
preserve
that
Garrison
without
any
appearance
of
danger
or
hazard
,
and
that
after
they
were
driven
away
it
was
first
abandoned
by
our
Army
,
when
men
were
among
them
who
preached
according
to
their
heart
;
and
afterwards
,
whithout
any
opposition
,
given
up
to
the
hands
of
the
English
by
these
who
had
slandered
these
Ministers
,
as
compliers
with
them
,
and
had
been
instrumental
upon
the
accompt
of
their
opposing
the
Publick
Resolutions
to
drive
them
from
their
stations
.
3.
To
pass
by
that
which
he
saith
,
that
they
found
by
their
own
acknowledgement
,
that
they
had
given
Resolution
to
some
persons
,
seeking
advice
,
that
it
was
not
lawful
for
them
to
continue
in
that
service
,
being
in
such
a
conjunction
as
the
Publick
Resolutions
carried
:
I
take
notice
of
what
he
sets
down
,
that
the
Brethren
came
not
to
Perth
at
the
first
Dyet
appointed
to
them
;
and
afterwards
the
Committee
required
them
to
attend
at
Perth
or
Dundee
,
until
the
Kings
return
from
Aberdeen
that
there
might
be
a
more
full
Meeting
of
the
Committee
,
a
great
part
of
the
most
considerable
Members
of
it
being
with
him
,
how
could
they
come
at
the
first
Dyet
?
the
advertisment
being
so
exceedingly
short
,
from
the
time
of
their
receipt
of
the
Letter
,
to
that
time
of
their
comperance
;
and
the
one
of
them
being
somewhat
sickly
and
not
able
to
travel
.
The
Committees
appointment
for
them
to
stay
at
Perth
,
was
before
their
coming
,
and
before
the
Kings
departure
,
when
the
Committee
was
full
and
numerous
,
though
he
doth
insinuate
it
to
have
been
otherwaies
;
and
there
was
a
Quorum
of
the
Committee
of
Estates
still
at
Perth
after
the
Kings
departure
,
who
yet
would
not
meddle
in
that
business
,
and
said
,
They
could
not
.
The
truth
was
,
the
men
who
were
the
great
sticklers
in
it
(
whom
the
Author
calls
the
most
considerable
Members
of
the
Committee
)
were
absent
,
and
they
had
before
their
departure
taken
such
course
that
the
business
should
not
be
medled
with
,
till
the
Kings
return
from
Aberdeen
.
4.
I
take
notice
of
that
which
he
saith
,
That
when
the
Committee
of
Estates
did
require
the
Commissions
advice
what
should
be
done
with
these
Brethren
,
in
relation
to
the
securing
of
the
Garrison
of
Sterling
,
That
as
to
this
they
could
not
take
on
them
to
determine
the
matter
,
being
meerly
Civil
;
but
that
they
desired
&
expected
that
the
Committee
would
deal
with
them
in
tenderness
,
as
being
Ministers
of
the
Gospel
,
was
the
business
,
as
to
the
interest
of
their
carriage
in
it
,
and
the
ground
upon
which
they
were
cited
,
meerly
Civil
;
Was
it
any
other
thing
then
the
discharge
of
their
consciences
in
their
Ministerial
functions
,
as
Ministers
of
the
Congregation
of
Sterling
?
It
is
true
,
that
there
was
such
a
desire
of
tenderness
in
the
close
of
the
Commissions
Paper
,
but
there
was
so
much
said
in
the
body
of
it
for
exaggerating
their
carriage
,
that
a
greater
punishment
then
a
continued
confinement
might
have
been
thought
tender
dealing
to
such
men
.
That
Paper
was
of
such
a
nature
,
that
not
a
few
of
these
to
whom
it
was
given
in
,
who
were
none
of
the
greatest
friends
to
the
Ministers
of
Sterling
,
were
not
well
satisfied
therewith
,
if
it
may
be
beleeved
what
was
then
confidently
reported
to
these
Ministers
at
Perth
,
by
some
who
did
profess
to
know
it
.
5.
I
take
notice
of
that
which
he
speaks
upon
their
dimission
,
what
dealing
there
was
by
some
of
their
intimate
friends
with
Mr.
Rob.
Douglas
and
Mr.
James
Wood
,
to
intercede
with
the
Parliament
,
to
pass
from
calling
them
further
.
I
do
not
know
unless
he
mean
of
Mr.
James
Durham
(
who
had
from
the
begining
been
against
such
away
of
proceeding
with
them
)
his
dealing
with
these
two
,
that
the
Parliament
might
not
meddle
further
with
these
Ministers
,
but
suffer
them
to
go
to
their
Charges
;
and
though
they
do
willingly
own
him
as
a
friend
,
yet
what
he
did
in
that
particular
,
was
not
only
out
of
respect
to
them
,
but
also
from
respect
to
the
Commission
,
and
to
the
Parliament
,
conceiving
it
not
to
be
for
their
advantage
to
meddle
with
these
Ministers
in
such
a
way
;
and
though
these
Ministers
did
not
affect
to
come
to
a
Publick
Hearing
before
the
Parl.
yet
would
they
have
chused
that
and
more
too
,
rather
then
to
wrong
their
consciences
in
the
thing
whereof
they
were
challenged
:
and
as
at
their
first
appearing
before
the
Committee
of
Estates
they
shewed
themselves
ready
and
willing
to
give
an
accompt
of
their
Doctrin
and
carriage
in
that
particular
,
so
(
the
Lord
assisting
them
)
they
would
have
been
neither
ashamed
nor
afraid
to
have
done
it
before
the
Parliament
,
if
they
had
been
called
thereunto
.
That
Mr.
Robert
Douglas
and
Mr.
James
Wood
did
so
readily
obtain
their
desire
,
it
was
a
token
that
they
had
power
in
that
particular
.
That
one
of
these
Brethren
came
and
acknowledged
to
these
two
kindness
done
in
their
behalf
,
is
more
then
that
Brother
doth
take
with
.
He
saith
,
that
he
came
indeed
to
Mr.
Rob.
Douglas
and
said
to
him
,
that
he
hoped
to
have
no
cause
to
repent
of
what
he
had
done
:
but
what
,
suppose
both
of
them
had
come
to
both
and
done
so
?
That
which
is
less
then
justice
and
equity
,
to
wit
,
a
breaking
off
of
oppression
and
iniquity
may
be
acknowledged
by
the
oppressed
for
courtesie
and
kindness
without
hypocrisie
and
dissimulation
,
and
it
makes
no
bad
requital
nor
slander
afterwards
to
tell
the
truth
how
far
men
were
accessory
to
the
oppressing
and
afflicting
of
them
.
VINDICATION
.
TO
the
Second
particular
,
the
Commission
in
their
Act
and
last
Letter
to
Presbyteries
,
did
restrain
Presbyteries
from
Censuring
any
of
them
;
they
did
not
so
much
as
desire
any
of
them
to
be
refered
or
cited
to
the
General
Assembly
for
differing
from
them
in
their
Resolutions
,
but
only
such
as
continued
to
oppose
,
Presbyteries
cited
but
few
,
and
some
of
them
as
will
be
found
by
the
Registers
of
the
Assembly
,
were
chosen
Commissioners
to
the
Assembly
,
but
was
there
not
far
more
done
in
48.
did
not
the
Commission
stir
up
all
Presbyteries
to
cite
all
that
were
in
the
meanest
degree
of
differing
from
them
:
Such
viz.
as
were
only
guilty
for
silence
and
not
speaking
with
them
,
and
to
censure
forthwith
all
that
opposed
:
will
the
Writer
therfore
say
that
voycing
in
these
matters
was
not
free
in
that
Assembly
;
if
not
,
why
then
doth
he
use
double
weights
?
REVIEW
.
WHat
though
it
were
true
that
the
Commission
in
their
Act
and
last
Letter
to
Presbytries
,
did
restrain
Presbytries
from
censuring
any
of
them
,
yet
what
is
that
to
contradict
or
refute
what
is
alleadged
by
the
Writer
,
That
the
Commission
did
in
their
Warnings
and
Papers
stir
up
Presbyteries
to
censure
such
,
and
cite
them
to
the
Gen.
Assembly
:
these
are
more
evident
truths
then
can
be
denied
,
and
even
that
Act
and
last
Letter
doth
verifie
that
point
of
the
Alleadgance
concerning
the
citing
of
them
to
the
Assembly
;
which
Citation
as
it
did
exclude
these
who
were
cited
,
from
a
Vote
at
least
in
that
particular
;
so
was
it
(
in
the
nature
of
it
)
apt
to
obstruct
the
freedom
of
others
in
voicing
.
He
tells
us
,
they
were
but
few
who
were
cited
:
well
then
,
some
there
were
,
yea
many
were
cited
;
the
Synod
of
Perth
did
at
one
Dyet
,
upon
the
accompt
of
that
Letter
,
cite
,
not
a
few
of
their
number
who
were
present
,
and
did
direct
Summons
to
others
who
were
absent
;
the
Presbytry
of
Jeaburgh
did
cite
three
of
their
number
;
sundry
also
in
the
Presbytery
of
Glasgow
,
Chyrnside
and
else-where
were
cited
.
He
repeats
again
his
distinction
of
such
as
differed
from
Publick
Resolutions
,
and
such
as
continued
to
oppose
them
;
the
last
whereof
only
,
as
he
insinuates
,
were
cited
.
But
to
pass
by
the
distinction
it self
,
(
which
seems
to
teach
men
a
way
that
doth
not
seem
well
to
become
the
Ministers
of
the
Gospel
,
h.
e.
to
differ
in
such
things
as
concerns
the
judgement
and
practice
of
the
people
committed
to
their
charge
,
in
matters
of
special
interest
to
the
cause
of
God
,
and
yet
to
be
silent
and
cease
to
give
testimony
thereof
,
either
for
their
own
exoneration
,
or
information
of
their
People
(
which
was
one
of
the
desires
and
overtures
prest
upon
the
Ministers
of
Sterling
at
St.
Andrews
)
Who
so
will
look
upon
the
Commissions
Paper
March
20.
will
find
that
in
reference
to
censure
,
it
takes
in
,
not
only
such
as
continue
to
oppose
and
move
contrarily
,
but
also
such
as
move
not
at
all
or
move
slowly
;
as
well
these
who
are
indifferent
and
neutral
,
as
these
who
oppose
,
see
Pag.
2.
&
5.
therof
.
That
some
of
them
were
chosen
to
the
Assembly
,
we
have
already
cleared
,
how
it
was
done
,
as
also
that
which
was
done
in
the
year
48.
betwixt
which
,
and
that
which
was
done
in
the
year
51.
there
are
many
real
and
important
differences
formerly
spoken
of
and
cleared
,
and
therefore
doth
the
Writer
use
no
double
weights
.
VINDICATION
.
TO
the
Third
Particular
,
concerning
the
Kings
Letter
,
and
the
Commissioners
Speech
to
the
Assembly
,
there
was
not
one
word
in
them
more
or
less
for
Punishing
or
Censuring
any
that
Differed
from
the
publick
Resolutions
,
but
if
any
thing
of
that
kind
was
desired
it
was
for
opposing
&
weakning
of
the
hands
of
the
kingdom
and
strengthning
the
hands
of
the
Enemy
joyned
with
expressions
of
earnest
desire
to
endeavour
by
all
fair
means
to
gain
all
that
differed
,
to
unity
:
did
this
take
away
the
freedom
and
liberty
of
voycing
especially
considering
this
which
was
desired
was
proponed
by
way
of
meer
desire
,
without
any
threatning
or
alurement
to
be
byassed
by
mens
voting
,
but
that
the
honest
Reader
may
be
able
the
better
to
give
his
Judgment
of
this
matter
,
he
may
reade
the
Commissioners
Speech
(
the
Coppie
of
the
Kings
Letter
I
have
not
,
but
both
were
to
one
purpose
on
the
matter
)
set
down
at
the
end
of
this
Paper
faithfully
as
it
was
delivered
,
alwayes
whatever
was
in
the
Letter
,
I
dare
affirm
,
that
in
that
Assembly
,
there
was
as
great
freedom
and
liberty
in
Speaking
and
Voting
about
these
Resolutions
in
debate
,
as
well
as
in
any
other
,
as
well
contra
as
pro
,
as
was
in
any
Assembly
these
years
by-past
,
yea
,
more
then
was
in
some
of
them
,
wherein
it
was
well
known
,
that
oftentimes
to
the
grief
of
men
in
the
Kirk
,
most
eminent
for
Grace
,
Gifts
,
Gravity
,
and
Experience
,
some
who
now
unadvisedly
accuses
this
Assembly
of
want
of
freedom
and
liberty
,
have
endeavoured
to
carry
matters
with
a
strong
hand
,
cutting
down
with
sharp
reflections
,
and
flouting
such
as
any
wayes
dared
to
speak
and
vote
in
a
different
way
from
them
,
which
(
if
report
may
be
beleeved
,
some
of
them
hath
acknowledged
in
their
late
Confessions
.
)
The
Writer
after
the
propounding
of
the
Argument
,
meets
with
one
Objection
against
it
;
We
shall
not
stand
upon
the
discussing
of
his
Reply
as
it
relates
unto
that
Objection
,
but
shall
speak
one
word
to
that
which
he
chargeth
upon
the
Kings
Letter
as
inorderly
and
irregular
.
viz.
That
when
as
the
Assembly
had
not
yet
medled
with
the
publick
Resolutions
,
to
condemn
and
reprove
them
,
he
should
have
stirred
up
the
Assembly
to
Censure
such
as
differed
from
them
.
Answ.
Besides
that
as
hath
been
already
said
,
the
Assembly
was
not
desired
to
Censure
any
for
differing
from
the
publick
Resolutions
simply
.
First
,
It
was
not
desired
that
the
Assembly
should
censure
them
without
any
trying
or
approving
of
their
resolutions
,
nor
was
it
desired
that
the
Assembly
should
approve
without
due
tryal
,
but
the
King
supposing
them
to
be
right
and
just
in
themselves
,
and
that
the
Assembly
upon
due
tryal
finds
them
to
be
such
,
desired
,
that
such
as
had
opposed
them
(
howbeit
it
could
not
be
but
to
the
prejudice
of
the
defence
of
the
Cause
and
Kingdom
)
might
be
dealt
with
to
be
reclaimed
,
or
if
that
could
not
be
obtained
,
Censured
.
Secondly
,
Consider
what
a
case
he
was
in
then
,
he
was
obleidged
by
Treaty
to
follow
the
Advice
of
the
Commission
of
the
Kirk
in
the
intervals
of
Assemblies
in
matters
Ecclesiastick
,
he
had
sought
and
gotten
then
Advice
in
these
matters
questioned
,
and
no
men
in
Scotland
were
more
earnest
to
have
that
Condition
in
the
Articles
of
the
Treaty
then
they
who
accuses
him
here
:
But
it
may
be
he
should
have
used
his
judgment
of
discretion
upon
any
resolutions
given
by
the
Commission
.
I
confess
that
is
true
,
yet
any
man
may
perceave
that
the
words
in
that
Article
of
the
Treaty
are
very
peremtory
and
general
in
the
later
,
for
no
more
is
said
,
but
that
he
should
follow
the
Advice
of
the
Commission
;
and
it
was
well
known
when
it
was
mentioned
,
that
it
should
be
expresly
added
,
Agreeable
to
the
Word
of
God
,
and
Doctrine
,
and
Constitutions
of
this
Kirk
:
The
Motion
was
opposed
and
stopped
by
some
of
the
Accusers
:
This
I
speak
not
to
say
that
he
was
bound
to
give
blind
obedience
,
but
to
shew
that
he
was
in
a
right
ticklish
case
here
:
But
leaving
this
,
the
civil
Magistrate
being
convinced
in
his
Conscience
,
upon
good
,
true
,
and
solid
grounds
of
the
Errour
of
some
Doctrine
,
or
Practice
of
some
Ministers
which
hath
not
been
particularly
determined
in
hypothesi
by
the
constitution
of
the
Kirk
,
and
of
evil
that
they
have
done
to
the
Publick
in
following
it
,
may
he
not
exhort
one
general
Assembly
being
conveened
even
in
the
entry
thereof
,
to
Censure
such
without
praelimitation
,
or
encroching
upon
the
liberty
and
freedom
of
the
Assembly
in
judging
and
voting
upon
it
?
I
doubt
if
he
may
not
,
but
suppose
he
cannot
without
encroaching
and
praelimitation
active
upon
his
part
,
yet
sure
these
can
not
prove
the
Assembly
not
free
in
Voting
and
Judging
,
unless
there
can
be
some
evidence
given
of
the
impression
and
effect
of
it
on
the
Members
in
their
Voting
and
Judging
.
A
Judge
may
be
tempted
and
sollicited
,
and
yet
may
be
unquestionable
,
uncorrupted
and
free
in
his
judging
.
REVIEW
.
THe
Author
doth
not
deny
,
and
I
beleeve
he
cannot
,
but
that
the
Kings
Letter
,
and
the
Commissioners
Speech
,
did
contain
somewhat
relating
to
Punishment
and
Censure
;
but
seeks
a
shift
by
telling
us
,
That
if
any
thing
of
that
kind
was
,
it
was
for
Opposing
the
Leavies
,
and
weakning
the
hands
of
the
Kingdom
,
and
strengthning
the
hands
of
the
Enemy
.
If
either
the
Letter
or
the
Speech
had
been
exhibited
,
they
had
spoken
best
for
themselves
;
none
of
them
is
subjoyned
to
that
Coppy
of
his
Vindication
,
which
is
come
to
my
hands
.
But
upon
supposal
that
it
was
as
he
saith
(
of
which
yet
he
seems
not
to
be
very
confident
,
and
therefore
afterwards
helps
himself
with
his
wonted
word
,
That
it
was
not
for
differing
from
the
publick
resolutions
simply
or
meerly
)
what
better
is
it
then
it
was
?
Did
not
all
the
Assembly
to
whom
that
Letter
was
written
and
that
Speech
spoken
know
,
that
the
opposing
of
Leavies
,
and
weakning
the
hands
of
the
Kingdom
,
and
strengthning
the
hands
of
the
Enemy
which
was
meant
of
,
was
Preaching
and
bearing
Testimony
against
the
publick
Resolutions
,
neither
doth
it
take
off
the
difficulty
.
That
it
was
joyned
with
expressions
of
earnest
desire
to
endeavour
by
all
fair
means
to
gain
them
:
These
desires
could
very
well
stand
with
incitations
to
Censures
,
and
that
whatever
was
the
way
of
proponing
,
whether
by
way
of
meer
desire
(
as
the
Author
alleadges
)
or
otherwayes
,
yet
was
it
not
without
threatning
speeches
,
upon
the
matter
of
which
,
I
am
content
that
Judgment
may
be
given
by
the
Letter
and
Speech
themselves
:
He
dare
affirm
,
That
in
Speaking
&
Voting
about
these
Resolutions
there
was
as
great
Freedom
and
Liberty
as
was
in
Assemblies
these
years
past
,
yea
,
more
then
was
in
some
of
them
,
but
in
this
he
is
too
daring
:
Was
there
any
Assembly
these
years
past
,
that
had
so
many
bonds
and
restraints
upon
them
(
as
we
have
already
instanced
)
all
that
he
instances
is
,
That
some
of
these
who
accuses
this
Assembly
of
the
want
of
Freedom
and
Liberty
,
have
in
other
Assemblies
endeavoured
to
carry
matters
with
strong
hand
,
calling
down
with
sharp
reflections
,
and
flouting
such
as
any
way
dared
to
speak
and
vote
in
a
different
way
from
them
:
For
proof
of
this
,
he
gives
us
,
It
is
well
known
:
and
the
acknowledgment
of
some
of
themselves
in
their
late
Confessions
.
I
think
indeed
that
it
is
wel
known
that
too
often
in
most
of
our
Kirk
Judicatories
,
there
was
in
most
men
that
sate
therein
,
too
much
of
a
carnal
Spirit
,
and
too
little
of
the
sober
,
holy
,
grave
,
spiritual
,
meek
way
of
the
holy
Ghost
:
And
some
of
these
men
have
,
as
to
their
own
carriage
in
Judicatories
,
acknowledged
this
,
and
are
indeed
convinced
of
it
,
before
the
Lord
,
desiring
mercy
in
his
sight
,
and
grace
,
That
if
ever
it
shall
be
again
allowed
them
to
sit
in
Judicatories
,
there
may
be
more
of
the
beauty
and
image
of
the
Lord
upon
them
,
and
their
way
.
But
that
they
cryed
down
such
with
sharp
reflections
,
and
flouting
as
dared
to
speak
or
vote
otherwayes
then
they
did
,
is
that
which
no
man
is
able
to
make
good
,
&
which
(
I
t●ow
)
their
own
consciences
doth
not
accuse
them
of
:
haply
some
would
have
expected
that
the
Author
would
have
spared
to
have
reflected
upon
these
persons
in
their
confessions
,
seeing
he
is
a
man
subject
to
the
like
Passions
that
others
be
;
and
I
doubt
not
to
the
same
convictions
and
confessions
upon
them
His
defence
of
the
Kings
Letter
is
such
,
that
I
fear
shall
satisfie
few
.
1.
He
repeats
,
that
it
was
not
therin
desired
to
censure
any
for
differing
from
the
publick
resolutions
simply
,
to
what
I
have
spoken
already
.
Next
it
is
but
a
subterfuge
,
which
he
saith
,
That
it
was
not
desired
that
the
Assembly
should
censure
them
without
trying
or
approving
their
resolutions
;
but
the
King
supposing
them
to
be
right
and
just
in
themselves
,
and
after
the
Assembly
should
after
due
triall
finde
them
to
be
such
,
desired
that
such
as
had
opposed
them
(
howbeit
it
could
not
be
but
to
the
prejudice
of
the
defence
of
the
Cause
and
Kingdom
)
might
be
dealt
with
to
be
reclaimed
,
or
if
that
could
not
be
obtained
,
censured
.
There
is
nothing
here
for
answering
what
is
alleadged
by
the
Writer
,
to
wit
,
that
the
Assembly
whilest
they
had
not
yet
medled
with
the
publick
resolutions
,
and
had
not
found
them
right
,
were
stirred
up
to
censure
these
that
could
not
be
reclaimed
from
them
;
and
taking
it
as
the
Author
doth
alleadge
,
That
the
King
did
suppose
them
to
be
right
,
and
withall
,
that
he
spake
nothing
to
the
Assembly
to
allow
a
fair
hearing
to
these
of
a
contrary
minde
,
or
to
search
whither
they
were
right
or
wrong
.
It
saith
that
the
Kings
Letter
did
contain
a
clear
intimation
of
his
minde
to
the
Assembly
,
not
only
in
order
to
these
who
should
continue
to
oppose
,
or
could
not
be
reclaimed
,
but
also
in
order
to
these
who
should
vote
pro
or
contra
in
the
Assembly
;
that
Letter
and
that
Speech
were
but
an
expresse
of
the
Commissions
Warnings
and
Acts
,
and
Acts
of
Parliament
made
there
anent
,
in
order
to
the
furthering
the
execution
thereof
,
by
getting
them
backed
with
a
new
Act
of
the
Assembly
to
the
same
purpose
as
afterwards
they
were
:
I
cannot
well
decern
whither
the
parenthesis
cast
in
by
the
Author
in
these
words
;
howbeit
it
could
not
be
but
to
the
prejudice
of
the
defence
of
the
Cause
and
Kingdom
,
be
cited
by
him
as
the
Kings
words
,
or
interlined
as
his
own
,
and
therefore
shall
not
give
judgement
of
them
.
2.
His
next
defence
,
That
the
King
was
bound
by
the
Treaty
to
follow
the
advice
of
the
Commission
of
the
Kirk
,
in
matters
Ecclesiastick
,
in
intervalls
of
Assemblies
;
which
he
looseth
himself
by
acknowledging
that
he
should
have
used
his
judgement
of
discretion
upon
any
resolutions
given
him
by
the
Commission
;
but
because
the
Author
interlaces
in
order
to
this
,
severall
particulars
;
therefore
in
answer
to
what
he
saith
in
this
part
of
his
defence
,
I
offer
these
things
.
First
,
That
there
is
nothing
here
spoken
by
the
Author
that
makes
for
the
vindication
of
the
Kings
Letter
;
It
speaks
indeed
to
the
vindicating
,
at
least
to
the
excusing
of
the
King
himself
in
writing
such
a
Letter
,
because
he
was
advised
by
the
Commissions
,
as
to
the
publick
Resolutions
,
but
that
doth
not
say
,
that
the
Letter
did
not
contain
such
things
as
were
apt
to
hinder
liberty
of
voting
in
the
Assembly
.
Secondly
,
I
acknowledge
that
the
King
was
indeed
in
a
right
ticklish
condition
;
But
who
had
put
him
in
that
condition
,
but
the
Authors
and
Abettors
of
the
Publick
Resolutions
,
who
after
an
expresse
Article
of
the
Treaty
for
removing
of
Malignants
from
him
,
and
expresse
desires
from
the
Generall
Assembly
and
their
Commission
renewed
again
and
again
,
and
expresse
Answers
to
the
Quaere
proponed
by
himself
,
of
bringing
in
the
Malignant
Party
;
In
the
negative
did
advise
him
to
imploy
and
bring
in
that
Party
for
his
own
defence
,
and
the
defence
of
the
Cause
and
Kingdom
.
Thirdly
,
As
to
the
peremptorinesse
of
some
to
have
in
that
condition
in
the
Articles
of
the
Treaty
;
I
know
it
not
,
but
though
it
was
so
,
it
was
no
more
then
his
Predecessors
was
used
to
be
tyed
unto
before
the
Reformation
in
the
old
Oath
of
Coronation
,
and
which
his
own
Father
had
condescended
unto
in
the
Treaty
at
the
Bricks
,
as
appears
in
the
Acts
of
the
Assemblies
,
and
the
Acts
of
Parliament
1639
,
and
1640.
Forthly
,
As
to
the
Authors
quarrelling
of
the
words
of
the
Article
as
peremptory
and
generall
in
the
Letter
,
because
no
more
is
said
,
but
that
He
should
follow
the
advice
of
the
Commission
;
and
his
quarrelling
some
for
opposing
and
stopping
of
a
motion
made
by
others
,
that
it
should
be
expresly
added
,
agreeable
to
the
Word
of
God
,
and
Doctrine
and
Constitutions
of
this
Church
:
He
should
have
told
the
circumstances
of
time
and
place
,
and
persons
;
For
my
part
I
professe
ingenuously
,
I
remember
no
such
things
,
and
others
also
who
may
be
presumed
to
know
it
,
say
the
same
.
But
let
it
be
so
,
they
did
in
this
but
adhere
to
the
former
way
,
which
(
as
also
this
Article
)
did
suppose
that
addition
which
the
Author
speaks
of
,
though
neither
Kirk
nor
State
thought
fit
to
expresse
it
,
lest
occasion
of
jangling
should
have
been
given
thereby
.
But
the
Author
by
this
his
carping
shews
,
that
when
he
pleases
,
he
can
quarrell
with
some
things
in
the
Treaty
,
and
with
the
Acts
of
Assemblies
thereanent
,
as
well
as
others
;
and
I
believe
,
he
would
think
it
hard
measure
to
have
it
inferred
from
this
,
that
he
doth
vilifie
the
Acts
of
the
Assembly
,
and
that
his
professions
to
the
Government
,
Discipline
and
Constitutions
of
this
Kirk
,
are
not
straight
nor
upright
:
I
shall
not
charge
him
with
unfaithfulness
,
but
if
he
was
one
of
those
who
was
instructed
by
this
Church
in
the
Treaty
at
the
Hague
,
he
hath
(
by
that
which
is
fallen
from
his
Pen
)
here
furnished
some
occasion
to
his
Readers
to
think
that
he
hath
some
hand
in
,
or
some
way
winked
at
the
first
modell
of
the
Treaty
,
as
it
was
first
settled
and
transacted
between
the
King
and
the
Commissioners
;
wherein
notwithstanding
that
there
was
an
express
instruction
,
that
his
Majesty
should
not
onely
consent
and
agree
,
that
all
matters
Ecclesiasticall
should
be
determined
by
the
Generall
Assemblies
,
and
such
as
in
the
intervalls
of
Assemblies
should
be
authorized
by
them
;
but
that
his
Majesty
in
things
Ecclesiastick
,
should
follow
the
advice
of
the
Gen.
Assem
.
of
this
Kirk
,
and
such
as
should
be
authorized
by
them
;
yet
the
matter
was
so
transacted
,
as
that
these
2
clauses
of
the
Kings
following
the
advice
of
the
Assembly
,
&
such
as
should
be
authorized
by
them
,
and
of
his
being
content
that
in
the
Intervals
betwixt
Assemblies
,
things
Ecclesiastick
should
be
determined
by
such
as
should
be
authorized
by
them
,
were
wholly
left
out
:
And
if
he
had
any
hand
in
,
or
did
wink
at
the
omitting
of
this
Article
of
the
Treaty
at
the
Kings
Coronation
:
That
it
should
not
be
prest
upon
the
King
to
declare
according
thereto
,
albeit
by
the
Treaty
he
was
expresly
bound
so
to
do
,
he
would
either
forbear
to
press
the
Treaty
so
much
upon
others
;
or
learn
to
be
more
tender
thereof
himself
.
Fourthly
,
as
to
his
Question
,
what
a
Civill
Magistrate
may
do
in
a
point
of
doctrine
wherein
he
himself
is
convinced
in
Conscience
upon
good
grounds
,
of
the
error
of
some
doctrine
and
practice
of
some
Ministers
,
which
hath
not
been
particularly
determined
in
h●pothesi
by
the
Constitution
of
the
Kirk
,
whether
he
may
not
exhort
a
Generall
Assembly
being
conveened
,
to
censure
such
without
prelimitation
,
for
encroaching
on
the
liberty
and
freedom
of
the
Assembly
in
judging
and
voting
in
it
?
I
shall
not
debate
,
it
seems
that
he
himself
doubts
of
it
;
but
this
was
not
our
question
,
the
point
was
determined
by
the
Constitutions
of
this
Kirk
,
and
this
answer
was
once
given
to
the
King
by
the
Commission
of
the
Kirk
,
upon
his
moving
the
question
;
and
they
did
exceedingly
wrong
him
,
who
by
contrary
Answers
did
draw
him
in
many
snares
,
and
put
him
upon
many
rocks
.
Fifthly
,
as
to
his
great
answer
of
active
and
passive
prelimitation
,
it
will
not
serve
him
much
stead
in
this
particular
,
because
the
Assembly
did
really
vote
,
act
and
censure
according
to
the
desire
of
that
Letter
,
which
is
evidence
sufficient
to
prove
,
that
the
prelimitation
was
both
active
and
passive
.
It
is
not
evidence
enough
to
prove
,
that
a
desire
hath
impression
upon
me
that
I
grant
the
same
,
and
do
accordingly
;
what
other
proof
doth
the
Assembly
at
Glasgow
1638
,
bring
to
verifie
the
passive
prelimiting
of
the
Assembly
at
Glasgow
1610
,
and
at
Pearth
1618
,
by
the
King
his
threatning
Letters
and
Commandments
;
but
this
,
that
the
Letters
came
to
the
Assembly
,
and
that
the
Assembly
did
proceed
according
to
the
desire
thereof
;
will
the
Author
admit
of
no
proof
of
passive
prelimitation
,
unless
evidence
can
be
brought
from
a
mans
own
breast
.
That
this
very
thing
,
and
nothing
else
was
the
thing
that
weighed
with
him
for
approving
the
Publick
Resolutions
,
censuring
the
Protesters
,
and
laying
a
foundation
for
censuring
all
,
both
Ministers
and
Professours
,
that
should
continue
to
oppose
these
Resolutions
.
I
close
this
purpose
with
the
words
of
these
Divines
and
Lawyers
,
cited
before
in
the
book
containing
their
gravamina
against
the
Councel
of
Trent
:
Manifestimum
est
Tridentinam
hanc
Synodum
nequaquam
esse
aut
dici
posse
liberum
Concilium
,
sed
servum
potius
&
multis
nominibus
durissimè
obstrictum
atque
captivum
.
Liberum
etenim
dicitur
,
quod
metu
omni
&
coactione
caret
,
ubi
Concilia
omnia
omnesqueres
non
ex
aliena
vel
voluntate
vel
gratia
,
vel
etiam
ex
permissu
alterius
aut
imperio
pendent
,
sed
ab
his
omnibus
expeditae
sunt
&
integrae
,
nec
cujusquam
aut
odium
aut
invidia
,
aut
minae
extimescendae
sunt
,
nec
res
ulla
sit
quae
plus
polleat
apud
eum
qui
dicit
sententiam
,
quod
ipsius
honesta
voluntas
&
judicium
minimè
coactum
.
Denique
ubi
quae
salutaria
quisque
&
veritati
consentanea
esse
,
intus
,
&
apud
animum
intelligit
,
eadem
etiam
sine
ullius
periculi
metu
in
medium
proponere
liberè
&
in
faciem
cuivis
modestè
dicere
liceat
,
cujus
rei
praeclarum
exemplum
in
Paulo
Apostolo
nobis
propositum
est
,
qui
(
ut
ad
Gal.
2.
ipse
scribit
)
Petro
Apostolo
in
faciem
oblocutus
erroris
eum
in
Antiochensi
Synodo
publicè
arguit
.
VINDICATION
.
THe
next
Argument
proper
to
the
second
Paper
is
,
because
in
the
Assembly
at
St.
Andrews
,
persons
allowed
by
the
Acts
and
Policy
of
this
Kirk
,
to
speak
their
Consciences
were
denyed
liberty
so
to
do
,
and
to
prove
this
,
the
Author
taketh
much
pains
to
shew
from
eight
old
Assemblies
of
this
Kirk
,
that
not
onely
persons
Ecclesiastick
having
calling
power
to
vote
,
but
others
also
are
allowed
to
propone
and
reason
,
yea
to
present
their
thoughts
in
Writing
to
the
Assembly
,
but
he
needed
not
to
have
been
at
so
much
pains
in
casting
over
so
many
Assemblies
for
this
purpose
;
the
point
is
generally
confessed
in
all
Orthodox
Kirks
,
and
knows
to
all
who
have
read
the
Common
head
De
Conciliis
in
their
Systems
.
Secondly
he
saith
,
that
Sir
Archibald
Johnstone
(
whom
he
mentions
with
many
Encomia
,
to
make
the
matter
he
hath
to
speak
more
bulksome
)
having
written
his
minde
to
the
Meeting
,
not
able
to
come
himself
,
about
the
matters
to
be
agitated
in
the
Assembly
,
holding
forth
much
clear
light
from
Scripture
and
Acts
of
former
Assemblies
in
these
particulars
,
(
if
it
was
much
light
he
herd
forth
in
some
of
these
same
particulart
in
conference
at
Pearth
,
it
was
but
very
little
,
and
no
much
to
be
feared
by
any
of
the
contrary
mind
)
also
the
Letter
was
publickly
delivered
and
required
to
be
read
by
him
that
presented
it
;
the
Moderator
having
broken
it
up
,
promised
to
cause
read
it
,
and
many
Members
did
at
sundry
occasions
press
the
reading
of
it
,
yet
it
could
never
be
obtained
,
but
was
smothered
together
with
a
Protestation
contained
therein
,
against
a
Paper
of
the
Commissioners
to
the
Parliam
.
approving
what
was
done
by
the
King
and
Committee
of
Estates
to
the
Ministers
of
Sterlin
.
Answer
.
Here
is
much
want
of
ingenuity
,
and
nothing
of
the
truth
of
the
matter
making
against
the
freedome
of
the
Assembly
;
the
Assembly
never
refused
to
have
it
read
:
Most
part
of
the
whole
Assembly
was
earnestly
desirous
to
have
it
read
,
and
now
more
then
the
most
part
of
these
whom
the
Reader
would
insinuate
to
be
Readers
unacquainted
with
the
business
,
to
have
been
the
opposers
of
the
reading
of
it
,
and
smotherers
of
it
,
as
being
of
a
different
judgment
from
Sir
Archibald
,
and
feared
for
the
pith
of
his
Papers
.
The
truth
of
the
busines
was
this
,
as
I
doubt
not
but
the
Writer
knows
in
his
Conscience
,
had
he
been
so
ingenuous
as
to
tell
it
to
some
persons
in
the
Assembly
,
hearing
much
respect
and
tendernes
to
Sir
Archibald
,
partly
because
of
intimate
friendship
with
him
,
partly
because
of
many
former
good
services
,
did
plead
for
a
delay
,
alleadging
that
it
was
unreasonable
that
the
Assemblies
precious
time
whereof
they
knew
not
how
short
liberty
they
might
have
,
should
be
spent
in
reading
any
particular
mans
Letters
,
whereas
the
Committees
were
not
as
yet
nominated
and
constituted
,
and
the
proceeding
of
the
Commission
which
(
by
the
appointment
of
former
Assemblies
)
ought
to
be
the
first
busines
taken
to
consideration
,
were
not
so
much
as
once
looked
upon
,
and
indeed
the
Papers
which
were
sent
and
desired
to
be
read
concerning
his
minde
,
amounted
to
such
a
volume
,
as
the
reading
thereof
might
have
taken
up
all
the
time
that
the
Assembly
could
probably
expect
for
sitting
,
though
never
any
other
busines
had
been
touched
.
There
was
(
if
my
memory
fail
me
not
)
a
Letter
of
four
or
five
sheets
of
thick
Writ
,
and
other
Papers
with
it
,
required
to
be
read
before
the
Assembly
did
enter
upon
the
first
Action
,
the
appointing
of
Committees
,
amounting
to
an
hundred
sheets
at
least
,
and
must
it
be
such
a
crime
as
for
which
the
Assembly
must
be
judged
null
,
that
such
a
motion
was
referred
and
delayed
to
a
more
convenient
time
,
which
was
the
onely
thing
the
Assembly
did
,
and
that
not
of
their
own
inclination
,
but
upon
much
entreaty
and
pleading
of
some
of
his
best
wel-wishers
in
the
Assembly
,
who
although
they
alleadged
the
cause
we
have
only
mentioned
in
publick
,
yet
had
another
cause
of
their
pleading
so
earnestly
for
this
which
they
did
in
a
private
way
communicate
to
some
who
were
desirous
they
should
be
read
,
whereby
they
moved
them
to
desist
from
urging
so
earnestly
the
reading
of
them
,
not
out
of
fear
to
his
Papers
,
or
dis-respect
to
his
Lordship
,
but
out
of
meer
kindnes
and
respect
,
because
viz.
they
did
perceive
by
looking
on
them
(
I
believe
)
in
private
sundry
high
reflections
against
the
Supream
Powers
of
the
Kingdom
,
both
King
and
Estates
,
which
could
not
but
have
brought
him
in
present
trouble
.
This
is
the
true
story
of
that
busines
,
judge
thou
now
(
ingenuous
Reader
)
impartially
,
if
this
was
a
conscientious
or
relevant
argument
,
to
nullifie
that
Assemb.
but
adde
to
that
other
in
the
Assembly
48
or
49.
(
I
did
not
distinctly
remember
which
,
but
the
thing
is
certain
,
and
the
Writer
will
remember
better
)
a
Paper
then
,
concerning
matters
then
in
debate
given
to
the
Assembly
,
and
desired
to
be
read
,
was
publickly
laid
aside
and
refused
to
be
read
,
and
yet
the
lawfulnes
of
that
Assembly
,
is
not
questioned
.
The
Writer
in
the
close
of
this
argument
,
would
insinuate
to
his
Reader
,
that
the
Commissioners
had
been
Authors
of
smothering
these
Papers
of
Sir
Archibald
Johnstons
,
because
of
a
Protestation
therein
contained
,
against
a
Paper
of
theirs
,
approving
what
was
done
by
the
King
and
Committee
to
the
Ministers
of
Sterlin
;
but
if
he
meaneth
so
,
it
is
a
wrongfull
slandering
of
them
,
the
Commissioners
were
far
from
desiring
them
to
be
smothered
,
though
one
or
two
out
of
tender
respect
to
his
Lordship
,
were
unwilling
that
he
should
be
brought
in
trouble
by
them
,
nor
feared
they
his
Protestation
against
that
Paper
of
theirs
,
against
which
,
neither
he
,
nor
any
for
him
,
could
have
any
just
ground
of
challenge
;
the
summe
and
substance
whereof
was
nothing
else
but
a
clearing
of
the
Committees
calling
before
them
the
Ministers
of
Sterlin
(
after
they
had
been
dealt
with
by
the
Commission
of
the
Kirk
about
their
preaching
and
practizing
to
the
obstructing
of
the
Leavies
according
to
Publick
Resolutions
,
and
occasioning
some
to
relinquish
their
charge
in
the
Garrison
of
Sterlin
,
and
they
refused
to
desist
)
that
some
convenient
course
might
be
taken
in
relation
to
them
,
in
securing
the
Garrison
from
danger
from
the
guilt
of
encroaching
upon
the
Liberties
of
the
Kirk
charged
upon
them
by
a
Protestation
of
these
Ministers
of
a
very
high
strain
,
and
together
approving
these
Brethrens
protesting
in
so
far
as
it
was
provisionall
for
the
Liberties
and
Priviledges
of
the
Kirk
,
and
expriming
that
these
Brethren
might
be
dealt
with
by
the
King
and
Committee
in
a
tender
and
respectfull
way
as
Ministers
of
the
Gospel
.
REVIEW
.
SOmetimes
the
Author
offends
when
pains
is
not
taken
to
prove
things
that
are
generally
confessed
,
as
for
instance
to
prove
from
the
Word
of
God
,
that
all
scandalous
persons
ought
to
have
been
removed
from
the
Generall
Assembly
,
and
here
he
seems
to
carp
at
his
taking
pains
to
prove
from
the
policy
and
Acts
of
this
Kirk
,
that
not
onely
persons
Ecclesiastick
having
calling
and
power
to
vote
,
but
others
also
are
allowed
to
propone
,
hear
,
read
and
debate
;
yea
,
to
present
their
thoughts
in
Writing
to
the
Assembly
:
But
albeit
the
point
be
generally
confest
by
all
Orthodox
Churches
,
and
known
to
all
who
have
read
the
head
de
Conciliis
yet
was
it
to
purpose
for
the
Writer
to
take
pains
to
prove
it
from
the
Acts
of
the
Assemblies
of
this
Kirk
,
because
he
had
to
do
not
only
with
these
who
are
acquainted
with
the
head
de
Conciliis
but
also
with
others
who
are
not
wel
acquainted
with
that
head
,
I
mean
sundry
Professors
in
the
Land
,
who
had
need
to
have
the
ground
and
relevancy
of
this
Argument
cleared
unto
them
,
and
it
was
a
nearer
and
more
convincing
way
to
clear
it
from
the
received
Doctrine
of
our
own
Church
,
then
from
the
Doctrine
of
other
Churches
.
Doth
not
Sir
Archibald
Johnstone
by
the
testimony
of
unquestionable
witnesses
deserve
all
the
commendation
that
is
given
him
?
Why
then
should
it
be
carped
at
,
if
the
things
that
are
said
of
him
be
true
(
as
they
are
)
they
do
indeed
make
the
Argument
more
bulksome
;
the
Author
doth
once
and
again
undervalue
the
light
held
forth
by
him
,
and
pith
of
his
Papers
:
I
shall
not
deny
the
Author
the
testimony
of
Learning
and
ability
,
and
wishes
that
the
Lord
may
more
&
more
increase
,
and
more
&
more
sanctifie
it
unto
him
,
that
it
may
be
improven
for
the
Edification
of
many
;
But
there
is
much
of
a
Thrasonick
spirit
that
as
a
vein
runs
through
all
this
Vindication
;
the
man
whose
light
and
pith
he
doth
set
so
low
hath
(
by
the
Grace
of
God
)
been
instrumentall
to
hold
forth
very
much
light
to
the
Kirk
of
God
in
Scotland
,
in
things
relating
to
the
work
of
Reformation
,
and
his
pith
(
by
the
power
of
the
Lord
)
hath
been
acknowledged
in
both
Nations
.
The
Writer
in
relating
of
the
businesse
of
the
smothering
of
Sir
Archibald
Johnstons
Letter
,
is
challenged
by
the
Author
of
much
want
of
ingenuity
,
and
speaking
nothing
of
the
truth
;
But
let
us
see
how
this
great
challenge
is
made
out
?
1.
He
saith
the
Assembly
never
refused
to
have
it
read
;
but
was
it
ever
read
?
Was
not
the
Assembly
often
desired
to
cause
read
it
?
Was
there
not
often
much
debate
about
the
reading
of
it
?
And
was
it
not
for
a
long
time
waved
from
diet
to
diet
,
&
at
last
buried
?
I
fear
not
but
this
in
the
accompt
of
ingenuous
men
wil
amount
to
a
refusal
:
But
saith
the
Author
,
most
part
of
the
whole
Assembly
were
earnestly
desirous
to
have
it
read
;
if
it
was
so
,
then
were
there
some
few
who
did
carry
it
otherwise
,
notwithstanding
of
the
earnest
desires
of
the
most
part
of
the
Assemblie
,
and
it
argues
no
great
freedome
,
when
the
earnest
desires
of
the
most
part
cannot
prevail
to
gain
the
reading
of
a
Letter
,
because
of
the
opposition
of
some
few
,
who
are
otherwise
minded
.
He
doth
withall
intimate
unto
us
,
That
none
were
more
desirous
to
have
it
read
then
the
most
part
of
these
whom
the
Writer
would
insi●uae
(
to
be
Readers
unacquainted
with
the
businesse
)
to
have
been
opposers
of
the
Reading
of
it
;
I
would
ask
him
who
were
the
opposers
of
the
reading
of
it
?
men
for
the
Publick
Resolutions
,
or
men
against
them
;
I
believe
he
will
not
deny
but
all
the
opposers
of
the
Publick
Resolutions
who
were
in
the
Assembly
did
earnestly
seek
to
have
it
read
,
and
that
all
the
men
who
opposed
the
reading
of
it
were
such
as
were
for
the
Publick
Resolutions
,
and
some
of
them
such
as
did
belong
to
the
Commission
,
and
had
hand
in
the
contriving
and
carrying
on
these
Resolutions
;
this
seems
not
to
be
denyed
,
but
for
taking
off
the
weight
off
it
,
he
comes
to
tell
us
that
which
he
calls
the
truth
,
which
he
doubts
not
but
the
Writer
knew
in
his
Conscience
,
had
he
been
so
ingenuous
as
to
tell
it
;
But
I
can
answer
him
by
warrant
from
the
Writer
,
that
he
concealed
nothing
concerning
which
he
had
any
perswasion
in
his
Conscience
,
as
to
the
truth
of
it
,
in
that
which
the
Author
speaks
of
:
The
matter
alleadged
by
him
,
is
that
all
this
was
from
tendernesse
and
respect
to
Sir
Archibald
Johnston
,
by
some
of
his
friends
in
the
Assembly
who
did
perceive
by
looking
on
his
Papers
sundry
high
reflexions
against
the
Supream
powers
of
the
Kingdom
,
both
King
and
Estates
,
which
could
not
but
have
brought
him
in
present
trouble
.
This
necessitates
the
telling
more
of
the
truth
,
which
the
Writer
formerly
spared
to
his
own
disadvantage
:
The
Letter
was
delivered
to
the
Moderator
Publickly
,
in
the
face
of
the
Assembly
,
in
the
forenoon
,
a
little
after
the
sitting
down
of
the
Assembly
;
upon
the
delivery
thereof
,
the
Moderator
promised
that
it
should
be
read
,
and
brack
it
open
(
being
open
in
the
hand
of
him
that
was
Clerk
to
the
Publick
Resolutions
,
and
was
now
Clerk
to
the
Assembly
,
opportunity
was
given
to
him
,
and
sundry
of
these
who
were
for
the
Publick
Resolutions
,
and
were
the
men
who
opposed
the
reading
of
it
in
the
Assembly
to
read
it
in
private
)
after
which
it
was
pressed
to
be
read
with
much
earnestnesse
and
importunity
at
severall
Diets
of
the
Assembly
,
and
much
debate
there
was
to
and
fro
at
severall
occasions
about
the
reading
of
it
,
but
the
result
was
alwayes
carried
to
a
delay
,
untill
at
last
the
Protesters
leaving
the
Assembly
,
there
was
little
or
no
more
heard
of
it
.
That
this
was
done
out
of
meer
kindnesse
,
and
respect
to
my
Lord
Wariston
from
whom
the
Letter
came
is
not
likely
:
1.
Because
not
onely
did
he
himself
in
the
very
bosome
of
it
earnestly
beseech
;
yea
,
obtest
and
adjure
in
the
Name
of
Christ
,
that
what
he
wrote
to
the
Assembly
might
be
read
and
considered
,
but
the
nearest
and
most
intimate
friends
he
hath
in
the
world
,
who
were
like
to
be
tender
of
his
danger
(
if
any
)
did
presse
the
reading
of
it
,
I
mean
not
onely
these
in
the
Assembly
who
were
of
his
intimate
acquaintance
,
and
intimatly
engaged
with
him
in
the
defence
of
the
same
Cause
;
but
also
his
own
wife
who
came
to
St.
Andrews
of
purpose
with
that
Letter
;
and
that
notwithstanding
she
was
dealt
with
by
sundry
of
these
who
were
for
the
Publick
Resolutions
to
take
it
up
,
and
not
to
presse
the
reading
of
it
(
that
there
might
be
some
handsome
shift
for
the
not
reading
of
it
)
refused
to
do
it
,
and
Women
are
known
to
be
as
tender
of
their
husbands
dangers
as
others
.
2.
The
Lord
Waristons
Judgement
and
expressions
in
all
these
things
were
well
enough
known
before
that
time
,
to
the
King
and
to
the
Committee
of
Estates
,
and
the
reading
might
well
have
been
a
confirmation
of
the
same
thing
,
but
would
have
furnished
little
or
no
new
matter
of
ditty
3.
There
were
no
reflections
in
that
Letter
against
the
King
&
Committee
of
Estats
,
but
in
order
to
a
conjunction
with
the
Malignant
party
,
and
if
the
reading
of
these
in
the
Assembly
would
have
brought
him
present
trouble
,
then
surely
it
was
not
free
nor
safe
for
men
who
were
of
that
opinion
that
the
Publick
Resolutions
did
involve
such
a
conjunction
,
to
speak
their
judgement
freely
in
the
Assembly
upon
these
Resolutions
,
seeing
his
freedome
of
writing
in
these
things
would
by
the
Authors
own
concession
have
brought
him
to
present
trouble
.
4.
This
was
not
the
way
to
keep
off
the
danger
,
but
rather
to
fetch
it
on
,
because
it
was
the
way
to
fil
the
Country
with
the
noise
of
the
Lord
Waristons
writing
such
a
Letter
to
the
Assembly
,
which
some
that
loved
him
after
the
delivery
thereof
,
Publickly
did
smother
and
keep
back
from
being
read
,
notwithstanding
it
was
earnestly
prest
by
most
part
of
the
Assembly
,
which
report
comming
to
the
King
,
and
to
the
Commissioners
,
would
in
all
appearance
have
occasioned
them
to
call
for
the
letter
,
which
could
not
have
been
denyed
nor
put
out
of
the
way
,
being
now
publickly
delivered
,
and
so
much
debate
made
thereupon
in
the
Assembly
:
But
upon
supposall
that
it
was
friendship
and
tender
respect
of
some
(
which
yet
upon
the
former
considerations
may
be
justly
doubted
of
,
at
least
it
was
all
,
or
their
most
weighty
reason
)
to
the
Lord
Wariston
;
yet
to
say
nothing
of
their
being
more
moved
with
the
fear
of
his
danger
,
then
the
prejudice
of
the
publick
Cause
,
which
could
not
but
suffer
two
ways
by
smothering
of
the
Letters
and
Papers
therewith
sent
,
both
by
the
want
of
the
light
held
forth
therein
,
and
by
the
imputation
of
smothering
of
it
;
I
wonder
that
the
Assembly
should
have
been
so
easily
moved
with
these
alleadgances
which
he
speaks
of
,
to
wit
,
that
the
Assemblies
precious
time
,
whereof
they
knew
not
how
short
liberty
they
might
have
,
should
be
spent
in
reading
a
particular
mans
Letter
,
whereas
the
Committees
were
not
yet
nominate
,
nor
the
Commissions
Proceedings
which
is
the
first
businesse
that
ought
to
be
tryed
,
yet
looked
upon
,
and
that
the
Papers
offered
to
be
read
did
amount
to
a
volume
which
would
have
taken
up
all
the
Assemblies
time
,
though
there
had
been
no
other
businesse
,
they
being
of
a
hundreth
Sheets
,
and
the
Letter
being
of
four
or
five
sheets
of
thick
Write
.
There
was
more
time
spent
upon
the
debate
of
reading
of
the
Letter
,
then
it
would
have
been
read
in
to
,
it
being
not
above
the
halfe
of
these
sheets
which
the
Author
speaks
of
;
if
his
testimony
who
wrote
it
may
be
believed
;
neither
was
the
Assembly
so
much
straitned
with
time
,
else
they
were
no
good
husbands
of
it
,
because
the
first
day
they
refused
to
read
the
Letter
,
they
spent
a
great
part
of
a
Session
more
then
would
have
served
for
reading
of
the
Letter
,
debating
about
a
Ministers
mans
and
his
gleeb
,
as
many
honest
witnesses
can
testifie
;
and
the
Letter
was
urged
and
pressed
to
be
read
,
not
only
before
,
but
also
after
the
nominating
&
setling
all
the
Committees
,
both
that
which
concerned
the
proceedings
of
the
Commission
,
and
all
others
.
It
was
not
a
particular
mans
Letter
,
if
by
a
particular
man
he
mean
a
private
person
writing
of
businesses
of
his
own
;
but
it
was
the
Letter
of
a
publick
servant
of
the
Assembly
,
writing
of
the
publick
businesses
of
the
Assembly
;
I
mean
the
Clerk
who
was
by
his
place
bound
to
offer
unto
the
Assemb.
from
their
Acts
&
Records
what
he
knew
to
be
contributive
for
clearing
of
their
proceedings
,
especially
in
businesses
of
common
concernment
of
the
Church
;
and
this
Letter
did
contain
only
purpose
and
businesse
of
that
nature
,
and
nothing
at
all
of
private
or
personall
concernments
:
Amongst
other
things
,
there
was
therewith
sent
an
Extract
of
many
Acts
of
former
Assemblies
extracted
out
of
the
Registers
of
the
Kirk
,
contradicting
the
Publick
Resolutions
.
For
the
length
of
the
other
Papers
,
they
were
not
so
long
,
but
they
might
have
been
read
in
a
day
or
two
at
most
,
or
if
the
Assembly
would
not
have
read
them
,
they
might
have
committed
them
to
some
of
their
number
to
take
inspection
if
there
was
any
thing
therein
that
might
contribut
to
give
light
to
the
Assembly
in
the
matter
of
the
Publick
Resolutions
.
It
is
somewhat
strange
,
that
the
Assembly
being
upon
the
consideration
and
debate
of
these
Resolutions
,
whether
they
were
agreeable
to
the
Word
of
God
,
the
solemn
League
and
Covenant
,
the
solemn
engagement
to
Duties
,
and
other
Acts
and
Constitutions
of
the
Kirk
,
that
they
should
have
refused
to
take
in
consideration
,
or
to
read
what
was
timeously
offered
to
them
in
the
contrary
,
by
their
own
Clerk
;
and
it
is
more
strange
,
that
notwithstanding
of
this
,
they
will
in
the
Act
wherein
they
approve
these
Resolutions
Preface
thus
,
after
due
examination
,
long
and
much
debate
and
mature
deliberation
,
but
must
it
(
saith
the
Author
)
be
such
a
crime
for
which
the
Assembly
must
be
judged
null
,
that
such
a
motion
was
referred
and
delayed
to
a
more
convenient
time
.
It
was
not
a
delay
to
a
more
convenient
time
,
but
a
delay
altogether
;
let
the
Author
tell
us
,
if
he
can
,
when
that
convenient
time
came
,
or
whether
the
Letter
was
not
wholly
laid
aside
,
though
not
by
a
positive
and
formall
resolution
,
yet
waved
from
Diet
to
Diet
,
and
never
read
,
which
is
the
more
considerable
,
that
the
reading
of
it
before
the
Protestation
being
so
much
urged
,
and
the
Protestation
containing
reasons
against
the
unlawfulnesse
of
the
Assembly
,
because
of
the
want
of
freedome
;
yet
even
after
that
the
Assembly
went
on
,
and
approved
the
Commissioners
Proceedings
,
without
reading
of
that
Letter
,
whatever
the
Author
make
of
it
;
I
doubt
all
circumstances
being
considered
,
if
such
an
instance
can
be
given
in
any
free
Assembly
,
the
refusing
to
read
former
Acts
and
constitutions
of
Assemblies
,
and
other
things
timeously
offered
unto
them
from
the
word
of
God
,
and
the
Covenant
and
Publick
Papers
of
the
Kirk
by
their
own
Clerk
out
of
their
own
Registers
for
clearing
of
the
Commissions
proceedings
which
were
now
in
debate
,
and
if
the
term
of
refusall
please
not
the
Author
,
the
Assemblies
proceeding
to
ratifie
the
procedings
of
the
Commission
,
without
reading
or
taking
in
consideration
these
things
offered
unto
them
by
their
own
Clerk
,
out
of
the
Word
of
God
,
and
their
own
Registers
for
clearing
of
these
proceedings
,
notwithstanding
that
the
same
was
timeously
offered
,
and
earnestly
pressed
by
many
members
of
the
Assembly
,
and
promised
by
the
Moderator
to
be
read
;
I
believe
common
reason
teaches
,
and
these
who
treat
of
the
nullity
of
Judicatories
,
and
sentences
tel
us
that
it
is
a
relevant
groud
of
a
declinator
,
or
appeal
,
if
the
judge
give
sentence
,
without
hearing
what
is
timeously
offered
unto
him
out
of
his
own
Acts
;
and
the
Laws
by
which
he
is
bound
to
judge
,
for
clearing
of
the
cause
.
As
to
that
instance
given
by
the
Author
of
a
Paper
laid
aside
in
the
Assembly
48.
or
49.
The
Writer
saith
,
that
he
is
so
far
from
remembring
it
well
,
that
he
doth
not
remember
it
at
all
;
neither
yet
doth
others
whose
memories
are
better
then
his
;
Its
strange
that
the
Author
should
know
it
for
certain
,
and
yet
should
neither
know
what
Assembly
it
was
,
not
what
the
businesse
was
,
nor
who
the
persons
were
;
yet
because
he
affirms
it
for
certain
,
I
shal
not
deny
it
,
nor
say
that
it
is
untrue
,
but
till
he
tell
us
the
particular
circumstantiat
case
,
and
make
it
to
appear
that
it
is
a
paralel
of
the
case
now
in
question
;
I
think
he
wil
alow
us
not
to
lay
weight
upon
it
.
Before
he
close
his
Answer
to
this
Argument
,
he
labours
to
Vindicate
the
Commissioners
from
being
Authors
of
smothering
a
Paper
of
Sir
Archibald
Jonstons
,
because
of
a
Protestation
therein
contained
,
against
a
Paper
of
theirs
,
approving
what
was
done
by
the
King
and
Committee
or
Estates
against
the
Ministers
of
Sterline
,
and
tells
if
the
Writer
meant
so
,
it
is
a
wrongfull
slandering
of
them
:
The
Writer
hath
said
nothing
that
may
import
that
which
the
Author
cals
a
slander
:
He
thinks
that
it
is
insinuate
;
but
I
think
he
hath
more
insinuated
it
himself
,
whilest
he
saith
the
Commissioners
were
far
from
desiring
them
to
be
smothered
,
though
one
or
two
out
of
tender
respect
to
his
Lordship
were
unwilling
that
he
should
be
brought
to
trouble
.
But
was
there
any
thing
in
that
Protestation
that
would
have
brought
him
in
trouble
?
I
think
it
will
not
be
alleadged
;
why
then
should
that
have
been
smothered
,
where
even
the
reason
which
is
alleadged
to
have
been
the
true
reason
of
smothering
these
Papers
did
fail
?
What
ground
of
challenge
there
was
against
the
Commissions
Paper
doth
not
properly
belong
to
this
debate
,
and
I
shal
not
now
meddle
much
with
it
,
but
leave
it
to
the
Ministers
of
Sterlin
whom
it
doth
concern
;
yet
did
some
judicious
men
,
even
some
of
those
of
the
Civill
Judicatory
to
whom
it
was
given
in
,
think
that
the
Commission
had
gone
too
far
therein
,
to
give
wound
to
the
liberties
of
the
Kirk
in
these
things
,
which
many
worthy
faithfull
Ministers
of
this
Kirk
have
been
zealous
to
maintain
and
suffer
for
;
I
mean
refusing
to
subject
Minister
Doctrine
to
the
Civill
Magistrate
as
the
proper
and
immediate
judge
thereof
;
He
gives
the
summe
of
that
Paper
in
some
particulars
:
The
first
is
the
clearing
of
the
Committees
calling
before
them
the
Ministers
of
Sterlin
;
he
should
have
said
the
Committees
citing
and
confining
of
them
because
of
their
Preaching
against
the
Publick
Resolutions
;
and
that
before
they
were
cited
and
sentenced
,
by
any
other
Judicatories
of
the
Kirk
;
yea
,
before
there
was
(
by
the
Authors
confession
)
any
determination
of
the
Church
in
that
particular
case
;
yea
,
when
there
was
clear
and
positive
determinations
of
the
Church
upon
their
side
,
and
Acts
binding
them
(
under
the
pain
of
censure
)
not
to
be
silent
,
nor
to
speak
ambiguously
,
but
to
bear
testimony
against
such
courses
,
which
also
by
the
Oath
of
God
in
the
Covenant
,
they
were
bound
to
reveal
and
make
known
.
As
to
that
practising
of
the
obstructing
of
the
Leavies
,
which
he
so
frequently
mentions
,
he
would
tell
what
it
was
beyond
the
bounds
of
their
Calling
,
left
his
Readers
think
that
he
would
fain
have
them
to
believe
somewhat
of
these
Ministers
,
that
did
not
become
the
Ministers
of
the
Gospel
,
but
cannot
tell
what
it
is
.
He
saith
,
that
the
end
why
they
were
called
,
was
,
That
some
convenient
course
might
be
taken
in
relation
to
them
,
and
securing
the
Garrison
from
danger
,
but
hath
not
told
us
what
that
convenient
course
was
,
or
could
have
been
;
neither
(
I
think
)
can
he
tell
us
,
but
by
justifying
the
course
that
was
taken
,
that
is
,
the
detaining
of
these
Ministers
from
their
charges
by
Confinement
.
What
convenient
course
could
the
Committee
of
Estates
take
in
order
to
these
Ministers
,
in
an
orderly
way
for
preventing
any
pretended
or
apprehended
danger
that
was
like
to
come
to
the
Garrison
by
their
preaching
,
they
having
now
declared
themselves
that
they
could
not
,
but
for
the
discharging
of
their
consciences
,
continue
to
give
warning
against
the
sinfulnes
of
these
resolutions
;
they
could
not
sentence
them
with
any
Ecclesiastick
censure
,
&
to
confine
or
imprison
upon
points
of
their
doctrin
and
Miniestriall
Calling
,
without
any
Ecclesiastick
processe
going
before
in
a
Kirk
settled
in
her
Judicatories
,
Government
and
Discipline
.
I
know
not
if
the
Author
will
justifie
it
as
orderly
,
The
next
thing
done
in
the
Paper
was
,
to
vindicate
the
Committee
from
the
guilt
of
encroaching
on
the
Liberties
of
the
Church
,
charged
upon
them
by
a
Protestation
of
these
Ministers
,
which
(
as
he
alleadges
)
was
of
a
very
high
strain
.
I
confess
that
the
Commission
was
concerned
to
endeavour
the
vindication
of
the
Committee
,
because
they
were
accessory
to
what
was
done
,
as
we
have
shewed
before
;
but
how
they
have
acquitted
themselves
in
that
Vindication
,
shall
not
now
be
insisted
upon
,
neither
yet
the
strain
of
the
Protestation
,
which
is
no
higher
then
the
truth
will
bear
;
but
to
make
up
all
that
Paper
,
did
also
approve
these
Brethrens
Protesting
,
in
so
far
as
it
was
provisionall
for
the
Liberties
and
the
expresse
desires
that
these
Brethren
might
be
respectfully
used
as
Ministers
of
the
Gospel
.
To
which
I
shall
say
nothing
,
but
leave
to
these
that
can
have
opportunity
to
read
that
Paper
,
and
then
they
will
be
best
able
to
judge
what
that
approbation
was
,
and
what
arguments
are
used
in
the
body
of
the
Paper
for
enforcing
the
desire
in
the
Conclusion
concerning
their
usage
.
VINDICATION
.
THe
last
Argument
is
,
that
it
cannot
be
a
lawfull
free
Assembly
in
which
persons
under
tryall
are
admitted
to
sit
as
judges
in
the
same
thing
for
which
they
are
under
tryall
:
But
the
Meeting
at
St.
Andrews
and
Dundee
was
such
,
the
Commissioners
therein
were
admitted
to
sit
as
judges
in
the
self
same
things
for
which
they
were
under
tryal
:
This
is
absolutly
denyed
,
but
the
Writer
goes
about
to
prove
it
by
the
instance
of
some
particulars
:
1.
Because
the
Commissioners
before
the
approbation
of
their
Proceedidgs
,
did
sit
as
judges
of
the
Protestation
,
a
part
whereof
was
,
that
their
Proceedings
should
not
be
ratified
,
because
they
did
involve
a
conjunction
with
the
Malignant
party
,
contrary
to
,
&c.
2.
They
did
also
before
the
approbation
of
their
Proceedings
judge
the
persons
who
had
given
it
in
,
and
did
give
their
votes
amongst
others
,
who
of
them
should
be
cited
in
order
to
censure
.
3.
Nay
the
Committee
wherein
that
businesse
relating
to
the
Protestation
and
in
giving
of
advice
was
handled
,
was
for
the
most
part
of
it
made
up
of
Members
of
the
Commission
,
which
thing
will
be
acknowledged
we
believe
(
saith
he
)
by
indifferent
men
very
unsuitable
and
unconsistent
with
the
liberty
of
a
free
Generall
Assembly
,
and
then
he
addeth
,
that
neither
would
he
have
others
,
nor
do
they
themselvs
lay
much
weight
upon
this
argument
,
unlesse
two
points
of
fact
upon
which
it
is
grounded
be
found
true
:
First
,
that
the
Protestation
was
judged
,
and
the
five
Members
(
it
is
yet
questionable
whether
they
were
Members
or
not
;
their
Commission
being
controverted
,
unlesse
he
thinks
them
essentially
members
)
were
appointed
to
be
cited
before
the
approving
of
the
Commission
of
the
Kirk
.
Secondly
,
that
the
members
of
the
Commission
had
voice
in
these
things
,
insinuating
,
that
if
these
matters
of
fact
be
clear
,
as
they
were
informed
;
the
Argument
is
voted
to
batter
down
that
Assembly
,
as
not
free
,
and
as
null
.
Answer
:
It
is
true
these
five
persons
were
appointed
to
be
cited
before
the
approbation
of
the
Proceedings
of
the
Commission
,
but
not
in
relation
to
censure
,
absolutly
and
peremptorily
;
but
to
answer
for
their
deed
of
Protesting
,
and
in
case
they
should
not
justifie
it
,
or
passe
from
it
to
be
censured
;
whether
the
Protestation
it self
was
judged
before
the
approbation
of
the
Commission
,
my
memory
serveth
me
not
to
say
positively
,
I
suppose
it
was
,
yet
let
it
be
cleared
by
the
Minutes
of
the
Assembly
;
but
give
me
leave
to
say
it
humbly
,
that
granting
both
these
matters
of
fact
,
yet
the
argument
will
be
found
by
any
indifferent
judicious
man
in
the
world
,
able
to
bear
little
weight
,
and
in
effect
but
a
meer
paralogisme
in
the
whole
probation
of
the
Assumption
,
viz.
that
the
Commissioners
did
fit
Judges
in
the
very
thing
in
which
they
were
under
tryall
:
For
as
to
the
first
particular
,
might
not
the
Assembly
have
judged
the
Protestation
before
the
approbation
of
the
Commission
,
and
yet
in
judging
of
it
,
not
have
judged
the
matter
wherein
the
Commissioners
were
yet
under
tryall
:
yea
verily
they
might
;
for
why
?
they
might
as
to
that
part
of
it
,
that
is
alleadged
in
this
argument
,
viz.
that
the
Commissioners
proceedings
should
not
be
ratified
,
have
judged
that
they
should
go
on
to
try
them
,
and
if
they
did
find
them
right
and
agreeable
to
the
Word
of
God
,
and
the
Constitutions
of
this
Kirk
in
that
case
to
ratifie
them
;
and
I
dare
take
it
upon
me
,
that
if
they
did
judge
the
Protestation
before
the
approbation
of
the
Commission
,
they
did
no
other
thing
in
relation
to
that
particular
.
Now
to
judge
that
they
should
go
on
in
the
tryall
of
the
proceedings
of
the
Commission
to
approve
them
as
it
should
be
found
,
as
said
is
,
and
to
judge
in
the
thing
wherein
the
Commission
was
under
tryall
,
to
judge
upon
the
proceedings
,
whether
they
were
agreeable
,
as
said
is
,
or
not
,
in
themselves
,
are
not
the
same
but
very
different
things
,
as
any
that
hath
half
an
eye
may
see
and
decern
.
And
did
not
the
Members
of
the
Commission
48.
judge
and
vote
with
others
,
that
that
Assembly
should
go
on
in
trying
the
proceedings
,
ratifie
them
if
they
should
be
found
right
and
yet
will
he
not
say
for
that
,
nor
can
it
in
truth
be
said
,
that
they
judged
and
voted
in
that
thing
wherein
they
were
under
tryall
;
and
therefore
it
is
evident
,
the
Commissioners
might
sit
as
Judges
of
the
Protestation
,
even
before
the
approbation
of
their
proceedings
,
and
yet
it
no
wayes
followes
they
did
as
Judges
in
the
same
thing
wherein
they
were
under
tryall
,
whether
the
Writer
hath
reasoned
thus
loosely
out
of
mistake
,
or
on
purpose
,
I
cannot
tell
,
I
can
hardly
suppose
the
former
of
them
,
considering
that
this
Paper
evidences
he
is
no
child
,
if
the
latter
be
true
,
he
hath
sure
promised
himself
very
undecerning
Readers
,
and
his
carriage
is
the
more
foul
.
To
the
second
,
the
Commissioners
might
also
have
given
vote
with
others
,
who
of
the
Protesters
should
be
cited
and
judged
them
also
,
and
that
before
the
approbation
of
their
own
proceedings
,
and
yet
so
as
it
could
follow
no
ways
that
they
had
sitten
as
judges
in
the
same
,
wherein
they
were
under
tryall
,
i.e.
their
own
proceedings
:
for
why
they
might
have
voted
with
others
,
&
they
did
in
no
other
maner
of
ways
vote
in
the
matter
of
these
persons
citation
,
but
that
they
should
be
cited
to
answer
and
be
tryed
upon
the
grounds
of
the
Protestation
,
and
they
might
also
with
others
judge
the
grounds
of
the
Protestation
,
and
found
them
not
relevant
,
and
thereupon
sentenced
them
for
protesting
and
declining
the
Generall
Assembly
upon
such
grounds
,
and
yet
the
Assembly
might
have
found
upon
tryall
the
proceedings
of
the
Commission
afterward
wrong
and
censurable
without
any
contradiction
.
There
is
not
a
ground
of
the
Protestation
,
but
it
might
have
been
found
non-relevant
for
protesting
against
the
Assembly
,
before
the
tryall
of
the
Commissions
proceedings
,
and
yet
nothing
being
thereby
imported
more
for
approbation
then
for
condemnation
of
the
proceedings
of
the
Commission
.
As
to
the
third
particular
,
the
force
of
it
fals
to
the
ground
with
the
two
former
,
for
it
containeth
no
new
grounds
,
but
only
a
seeming
aggravation
of
them
,
if
they
might
sit
in
the
Assembly
in
plenâ
Curiâ
,
and
judge
decisivè
,
they
might
as
well
in
a
Committee
both
deliberative
and
praeparatoriè
,
In
these
matters
,
viz.
upon
the
Protestation
and
Protesters
,
and
yet
not
judge
any
thing
in
the
thing
wherein
themselves
were
under
tryall
,
nor
yet
done
any
thing
therein
that
could
be
any
prejudice
for
approving
or
dis-approving
of
their
own
proceedings
.
Nay
,
I
dare
affirm
it
,
that
neither
the
Writer
,
nor
any
that
was
in
the
Assembly
,
shall
be
able
to
instance
,
that
any
of
the
Commissioners
did
judge
or
vote
either
in
the
Assembly
,
or
any
Committee
of
the
Assembly
,
or
any
Act
of
it
importing
either
formally
,
or
by
way
of
consequence
,
approbation
or
continuance
of
their
own
proceedings
.
I
shall
here
but
adde
one
word
that
any
of
the
Commissioners
did
vote
in
the
Assembly
in
the
matter
relating
to
the
persons
of
the
Protesters
,
or
were
on
any
Committee
for
that
purpose
:
It
was
not
their
prejudice
or
to
their
advantage
,
but
being
a
thing
well
known
,
I
believe
,
to
their
own
consciences
,
that
some
of
these
Commissioners
were
persons
most
tenderly
affected
towards
them
of
any
,
and
so
did
carry
themselves
.
Now
I
leave
it
to
the
impartiall
understanding
Reader
to
be
judged
if
this
last
Argument
against
the
Assembly
is
able
to
bear
much
weight
,
give
it
all
the
props
the
Writer
requireth
to
sustain
it
.
REVIEW
.
THe
Author
in
his
Answer
to
this
Argument
,
doth
not
deny
any
of
these
two
particulars
in
the
matter
of
fact
,
the
truth
whereof
was
acknowledged
as
necessary
by
the
Writer
for
laying
weight
on
the
Argument
,
to
wit
,
that
the
Protestation
was
judged
and
condemned
,
and
the
five
Member
,
appointed
to
be
cited
before
the
approving
of
the
Commission-Book
;
and
that
the
Members
of
the
Commission
had
vote
in
these
things
;
But
yeelding
both
,
he
doth
justifie
what
was
done
as
just
and
orderly
;
For
my
pa●t
,
I
wonder
of
the
Commissions
modesty
,
and
of
the
Assemblies
wisdome
in
it
,
that
needlesly
would
put
themselves
upon
these
rocks
,
which
have
so
uncomely
a
fronticepiece
,
that
I
doubt
exceedingly
if
either
the
Author
,
or
any
man
else
when
they
have
exercised
their
ingines
to
the
utmost
,
shall
ever
be
able
to
vindicate
it
from
the
appearance
of
evill
,
to
say
no
more
.
But
let
us
hear
his
answer
to
the
particulars
instanced
by
the
Writer
.
It
is
true
(
saith
he
)
that
these
five
Members
were
appointed
to
be
cited
,
before
the
approbation
of
the
proceedings
of
the
Commission
,
but
not
in
relation
to
censure
absolutely
and
peremptorily
;
but
to
answer
for
their
deed
of
protesting
,
and
in
case
they
should
not
justifie
it
,
or
passe
from
it
,
to
be
censured
.
To
which
I
return
first
;
1.
To
pass
by
the
debates
that
were
previous
to
the
citation
concerning
summar
Excommunication
,
wherein
(
I
believe
)
the
Commissioners
sa●e
as
Judges
as
well
as
others
.
The
citation
was
in
relation
to
censure
absolutely
,
as
appeared
not
only
from
the
tenor
of
the
summonds
,
which
hath
no
such
caveats
and
provisoes
in
it
,
as
the
Author
speaks
of
,
but
also
from
this
,
that
the
Protestation
was
judged
and
condemned
to
be
a
crime
before
issuing
of
the
summonds
;
and
therefore
the
Author
hath
through
inadvertence
or
willingly
mistaken
,
when
he
insinuates
,
that
there
was
place
left
for
defending
or
justifying
of
their
deed
when
they
should
compear
.
It
were
a
strange
method
of
proceeding
,
if
the
Commission
should
first
condemn
their
deed
,
before
hearing
of
what
they
had
to
say
for
justifying
of
it
,
and
afterwards
cite
them
in
order
to
censure
,
yet
with
this
proviso
,
that
they
would
hear
them
to
justifie
their
deed
;
and
it
is
little
to
purpose
that
they
might
passe
from
it
,
their
passing
from
it
did
not
ex●em
them
from
censure
,
unless
it
had
been
ex
gratia
,
and
by
the
mercy
of
their
Judge
;
But
upon
supposall
that
the
summonds
had
not
been
peremptory
for
censure
,
what
is
that
to
the
purpose
to
refute
what
is
alleadged
by
the
Writer
,
that
the
Commissioners
were
not
Judges
of
the
Protesters
,
before
the
approving
of
their
proceedings
.
Is
it
not
ejusdem
citare
&
sententiam
ferre
?
And
did
not
their
voice
in
the
citation
of
the
persons
of
whatsoever
nature
it
was
irrefragably
say
,
that
they
might
warrantably
be
Judges
of
their
censure
.
It
seems
the
Author
saw
somwhat
of
this
,
&
therfore
afterwards
he
answers
,
that
the
Commissioners
might
have
given
vote
with
others
,
who
of
the
Protesters
should
be
cited
,
and
judged
them
also
;
and
that
before
the
approbation
of
their
own
proceedings
,
and
yet
so
as
it
could
follow
in
no
wayes
,
That
they
had
sitten
as
Judges
in
the
same
thing
wherein
they
were
under
tryall
,
i.
e.
their
own
proceedings
;
for
why
(
saith
he
)
they
might
have
voted
with
others
,
(
and
they
did
no
other
manner
of
way
vote
in
the
matter
of
these
persons
citation
)
but
that
they
should
be
cited
to
answer
and
be
tryed
upon
the
grounds
of
the
Protestation
,
and
found
them
not
relevant
,
and
thereupon
sentenced
them
for
protesting
and
declining
the
Generall
Assembly
upon
such
grounds
,
and
yet
the
Assembly
might
have
found
upon
tryall
,
the
proceedings
of
the
Commission
afterward
wrong
and
censurable
,
without
any
contradiction
:
for
why
,
if
we
will
believe
the
Author
,
there
is
not
one
ground
of
the
Protestation
,
but
it
might
have
been
found
not
relevant
for
protesting
against
the
Assembly
,
before
the
tryall
of
the
Commissions
proceedings
,
and
yet
nothing
been
thereby
imported
,
more
for
approbation
then
for
condemnation
of
the
proceedings
of
the
Commission
.
To
these
things
I
have
answered
before
;
but
because
the
Author
is
pleased
to
repeat
them
,
I
shall
first
offer
an
argument
for
proving
that
the
Commissioners
by
judging
of
the
Protestation
,
were
Judges
of
their
own
proceedings
,
and
then
another
Argument
for
proving
that
the
condemning
of
their
Protestation
could
not
wel
stand
with
the
condemning
of
their
proceedings
.
The
First
Argument
is
,
who
so
judges
upon
the
irrelevancy
of
the
Exceptions
grounded
upon
their
own
proceedings
;
Judges
of
their
own
proceedings
:
But
the
Commissioners
in
judging
of
the
Protestation
,
did
judge
of
the
irrelevancy
of
Exceptions
grounded
upon
their
own
proceedings
,
Ergo.
in
judging
of
the
Protestation
they
judged
of
their
own
proceedings
.
The
Second
Proposition
,
I
hope
,
will
not
be
denied
,
because
the
Protestation
could
not
be
judged
irrelevant
but
by
judging
of
the
Exceptions
propounded
against
the
Commissioners
irrelevant
,
as
the
Author
himself
did
formerly
acknowledge
;
and
that
these
Exceptions
were
grounded
upon
these
proceedings
is
manifest
:
the
exception
of
prelimiting
of
the
Assembly
being
grounded
upon
thair
Letter
and
Act
sent
to
Presbytries
which
was
a
part
of
their
proceedings
;
and
the
Exception
of
their
being
scandalous
being
grounded
upon
the
publick
Resolutions
which
was
another
part
of
their
proceedings
.
The
first
Proposition
seems
to
be
cleer
from
the
intimat
connexion
,
that
is
,
betwixt
the
one
and
the
other
of
which
the
Author
himself
gave
a
hint
before
:
But
I
prove
it
thus
,
Who
so
judgeth
of
the
irrelevancy
of
Exceptions
grounded
on
their
own
proceedings
must
find
these
exceptions
irrelevant
,
either
because
they
have
no
weight
in
law
as
not
being
contrary
but
consonant
to
the
law
,
or
not
as
yet
being
determined
by
the
law
,
or
else
because
they
are
not
true
,
or
the
truth
of
them
,
not
being
yet
made
to
appear
,
but
they
cannot
judge
of
any
of
these
without
judging
of
their
own
proceedings
,
Ergo
,
&c.
The
businesse
shall
be
cleer
by
applying
it
to
the
things
in
hand
:
There
is
one
exception
proponed
in
the
Assembly
against
the
Commissioners
,
That
they
are
scandalous
,
because
of
carrying
on
a
course
of
Defection
in
publick
Resolutions
:
This
exception
is
by
the
Commissioners
themselvs
together
with
the
rest
of
the
Assembly
judged
irrelevant
;
now
I
desire
to
know
upon
what
ground
,
either
because
to
carry
on
such
a
course
in
the
publick
Resolutions
is
no
relevant
ground
to
make
men
scandalous
;
and
if
so
,
either
because
these
proceedings
are
not
contrary
to
the
Law
,
or
else
because
they
are
not
yet
determined
in
law
,
or
if
they
judge
it
irrelevant
in
reference
to
the
Fact
,
it
must
be
either
because
they
judge
the
Fact
false
,
or
else
because
they
judge
it
not
yet
proven
;
so
that
take
it
what
way
we
will
,
it
still
follows
that
they
passed
judgement
upon
these
proceedings
after
that
judgment
,
these
proceedings
are
not
contrary
to
the
Law
:
or
thus
,
these
proceedings
are
not
yet
determined
by
the
Law
:
or
thus
,
these
proceedings
are
false
in
fact
:
or
thus
,
these
proceedings
are
not
yet
proven
to
be
true
in
fact
,
and
therefore
the
Exception
founded
upon
them
is
not
relevant
to
look
upon
the
Commissioners
as
under
a
scandal
,
so
also
in
application
to
that
exception
proponed
against
them
because
of
the
prelimiting
of
the
Assembly
by
their
Letter
and
Act
;
That
exception
is
judged
irrelevant
by
themselves
and
others
,
either
because
there
was
no
such
Letter
and
Act
to
be
found
among
their
proceedings
:
or
because
such
a
Letter
and
Act
did
include
no
prelimitation
but
such
as
agrees
to
law
:
or
else
because
it
is
not
yet
determined
as
to
the
point
of
law
,
or
not
proven
as
to
the
matter
of
fact
:
and
so
take
it
what
way
we
will
,
it
still
includes
a
judgment
upon
the
proceedings
,
for
which
they
are
under
tryal
.
The
Argument
which
I
offer
for
proving
of
the
other
Point
,
is
this
,
Who
so
once
judges
the
Commissioners
proceedings
to
be
consonant
unto
,
or
not
to
be
condemned
by
the
Law
according
to
which
they
ought
to
be
tryed
and
judged
,
cannot
afterwards
condemn
the
same
proceedings
,
or
find
them
wrong
:
But
who
so
judges
these
Exceptions
proponed
against
their
proceedings
to
be
irrelevant
,
judges
these
proceedings
to
be
consonant
unto
,
or
not
to
be
condemned
by
the
law
according
to
which
they
ought
to
be
judged
.
Ergo
,
&c.
The
First
Proposition
seems
clear
and
undeniable
:
The
Second
is
proven
,
because
Exceptions
that
are
proponed
upon
matters
of
fact
that
are
true
&
manifest
as
to
the
existence
of
them
,
cannot
be
found
irrelevant
but
upon
one
of
these
two
grounds
;
either
because
these
Facts
are
consonant
to
the
law
,
or
not
condemned
by
the
law
,
and
what
is
once
found
by
the
Judge
to
be
consonant
to
the
law
,
or
not
condemned
by
the
law
,
cannot
be
afterwards
(
unless
we
would
make
him
judge
contrary
judgment
)
found
to
be
wrong
,
because
what
is
wrong
is
contrary
to
the
law
.
The
application
of
the
Argument
may
help
the
Reader
to
the
clear
understanding
of
it
,
when
the
Commissioners
with
other
Members
of
the
Assembly
,
by
Condemning
the
Protestation
,
Judges
and
Condemns
the
Exceptions
contained
therein
as
irrelevant
,
they
must
upon
supposal
of
the
truth
of
the
Facts
which
are
manifest
and
acknowledged
,
find
these
Exceptions
irrelevant
,
either
because
,
these
Facts
upon
which
they
are
founded
,
are
consonant
to
the
law
by
which
they
are
to
be
judged
;
to
wit
The
Word
of
God
,
and
Acts
of
the
General
Assembly
.
or
because
they
are
not
condemned
therby
:
If
they
judge
them
consonant
to
the
law
,
they
cannot
afterwards
find
them
wrong
by
that
law
,
because
they
have
already
by
the
same
law
found
them
right
;
If
not
condemned
,
neither
can
they
find
them
wrong
,
because
that
were
to
find
them
condemned
by
the
law
,
by
which
they
have
already
found
them
not
condemned
.
If
it
be
said
,
which
for
any
thing
my
weakness
reaches
,
is
the
only
thing
that
can
with
any
colour
be
said
.
That
they
might
find
these
Facts
as
to
the
relevancy
or
irrelevancy
of
them
not
condemned
,
nor
determined
by
any
Act
of
any
General
Assembly
,
and
so
no
grounds
of
relevant
Exception
,
when
they
were
offered
unto
the
Assembly
,
and
yet
might
afterwards
find
them
condemned
by
the
Word
of
God
,
and
so
find
them
wrong
.
I
return
,
1.
That
by
this
Answer
it
is
granted
,
That
these
could
never
be
found
wrong
by
any
Act
of
the
Assembly
,
which
then
was
in
being
.
2.
That
the
Commissioners
and
the
Assembly
when
they
judged
of
them
in
order
to
the
relevancy
of
the
Exception
founded
upon
them
,
did
not
only
neglect
to
give
a
judgement
on
them
according
to
the
just
and
infalible
rule
,
by
which
they
are
bound
in
the
first
place
,
and
by
their
oath
,
to
square
all
their
proceedings
,
to
wit
,
the
Word
of
God
;
but
also
gave
a
judgment
of
them
contrary
to
the
Word
of
God
,
to
wit
.
That
they
were
not
relevant
grounds
of
Exceptions
,
which
is
a
judgment
contrary
to
the
Word
,
because
the
things
being
in
themselves
wrong
by
the
Word
,
cannot
but
be
relevant
grounds
of
Exception
.
If
it
be
said
,
That
all
that
they
judged
was
that
it
was
not
yet
manifest
by
the
Word
that
they
were
relevant
grounds
of
Exception
;
That
still
i●
but
a
poor
shift
to
defend
an
ill
Cause
,
because
this
follows
,
That
they
did
condemn
them
,
before
they
knew
whither
the
Word
of
God
did
condemn
them
,
or
approve
them
:
and
this
is
indeed
to
my
understanding
the
up-shot
of
the
business
,
That
it
must
either
be
yeelded
that
the
condemning
of
these
Exceptions
,
was
the
approving
of
these
proceedings
,
or
else
that
men
in
condemning
of
them
,
went
on
blindly
,
not
knowing
whether
they
did
therin
judge
according
to
the
Word
of
God
,
or
against
it
;
Because
what
I
have
already
said
,
doth
cleer
and
take
in
what
is
material
and
of
consequence
to
this
businesse
:
Therefore
I
shall
be
the
sho●ter
upon
his
Answers
to
the
other
two
Particulars
mentioned
by
the
Writer
:
He
doth
not
deny
,
but
the
Protestatian
was
judged
before
the
approbation
of
the
Commissioners
proceedings
:
and
surely
if
so
,
this
was
no
handsome
work
,
not
only
because
the
Commissioners
sate
as
Judges
to
condemn
the
Exceptions
propounded
against
themselves
:
but
also
because
a
part
of
the
Protestation
was
that
the
Commissioners
proceedings
should
not
be
approven
as
involving
a
conjunction
with
the
malignant
party
&c.
And
it
is
somwhat
strang
that
they
should
condemn
a
Protestation
against
the
approving
of
these
Resolutions
before
they
find
these
Resolutions
approvable
:
&
that
the
men
who
were
under
tryal
in
order
to
these
Resolutions
,
should
sit
as
Judges
,
in
condemning
a
Protestation
against
the
approving
of
them
.
The
Author
thinks
,
that
the
Argument
will
be
found
by
any
indifferent
judicious
men
in
the
World
,
to
bear
little
weight
,
and
to
be
a
meer
Paralogism
in
the
whole
probation
of
the
assumption
;
to
win
,
That
the
Commissioners
did
sit
as
Judges
in
the
very
thing
for
which
they
were
under
tryal
:
I
hope
before
this
time
judicious
men
may
see
something
in
it
that
will
bear
weight
,
and
that
there
is
no
Paralogism
in
the
probation
of
the
assumption
.
The
first
part
of
his
Answer
to
the
First
Particular
,
●s
à
posse
ad
esse
,
that
the
Assembly
might
have
done
so
,
therefore
they
did
so
;
that
the
Assembly
might
have
judged
the
Protestation
before
the
approbation
of
the
Commission
:
and
yet
in
judging
of
it
,
not
judged
the
matter
whereof
the
Commissioners
were
yet
under
tryal
:
yea
,
verily
they
might
(
saith
he
)
for
why
they
might
as
to
that
part
of
it
which
is
alleadged
in
this
Argument
,
viz.
That
the
Commissioners
proceedings
should
not
be
ratified
,
have
judged
that
they
should
go
on
to
try
them
,
and
if
they
did
find
them
right
and
agreeable
to
the
Word
of
God
and
Constitutions
in
this
Kirk
,
in
that
case
to
ratify
them
;
whether
they
might
have
done
this
is
not
now
the
Debate
:
It
seems
by
what
is
said
,
That
they
could
not
have
done
it
,
but
he
dare
take
it
on
him
,
That
if
they
did
judge
the
Protestation
,
before
the
approbation
of
the
Commission
,
they
did
no
other
thing
in
relation
to
that
particular
:
Now
saith
he
,
that
they
should
go
on
in
the
tryal
of
the
Commissions
to
approve
them
if
it
should
be
found
as
said
is
,
and
to
judge
in
the
thing
wherin
the
Commission
was
under
tryal
,
&c.
are
not
the
same
,
but
very
different
things
,
as
any
man
that
hath
half
an
eye
may
see
and
d●scern
.
This
seems
to
suppose
that
when
the
Assembly
did
first
condemn
the
Protestation
,
they
did
not
condemn
it
all
,
but
only
a
part
of
it
,
to
wit
,
That
part
that
was
against
the
lawfulness
and
freedom
of
the
Assembly
,
leaving
a
reserve
for
the
other
part
,
against
the
ratifying
of
the
Commissions
proceedings
,
until
these
proceedings
should
be
tryed
:
but
I
cannot
take
this
for
granted
,
until
he
verify
it
by
the
Act
it self
,
which
doth
condem
the
Protestation
,
whereof
I
doubt
exceedingly
if
it
do
contain
any
such
limitation
;
if
it
had
,
it
is
like
that
he
would
have
told
us
directly
of
it
,
but
upon
supposal
that
it
did
,
yet
that
doth
not
take
off
the
difficulty
,
nor
Answer
the
Argument
,
because
as
we
have
already
shewen
,
the
Commissioners
,
by
judging
the
relevancy
of
the
exception
proponed
against
themselves
(
which
they
judged
of
,
when
they
condemned
the
first
part
of
the
Protestation
,
against
the
lawfulnes
&
freedom
of
the
Assemb.
)
they
judged
their
own
proceedings
,
wherof
no
such
instance
can
be
given
either
in
the
48.
or
any
other
lawful
free
Assem
.
of
this
Kirk
,
As
to
that
of
the
48.
we
have
often
shewed
that
in
al
that
busines
he
goes
upon
mistakes
,
to
wit
,
That
the
Parliament
did
except
against
such
Members
of
the
Assembly
as
were
Members
of
the
Comission
.
As
to
his
judgment
of
the
Writers
reasoning
,
it
is
such
as
doth
make
it
appear
,
that
he
had
rather
chuse
to
allow
to
him
the
testimony
of
some
ability
,
then
not
to
fasten
the
imputation
of
a
foul
miscarriage
upon
him
;
For
he
saith
he
cannot
tell
whether
the
Writer
hath
reasoned
this
loosly
out
of
mistake
,
or
of
purpose
;
he
can
hardly
suppose
the
former
,
considering
this
Paper
evidences
that
he
is
no
Child
:
If
the
latter
be
true
,
he
hath
surely
promised
himself
very
undecerning
Readers
,
and
his
carriage
is
the
more
foul
.
It
seems
the
Authors
judgement
of
the
Writer
towards
the
end
of
his
Vindication
differs
a
little
from
what
it
was
of
him
not
far
from
the
begining
of
it
,
or
else
he
speaks
of
him
so
as
may
contribute
most
for
making
him
contemptible
.
There
he
brings
him
in
as
one
that
in
the
pening
of
his
Paper
must
have
the
help
of
others
,
for
the
School
and
for
the
Law
of
it
,
that
he
may
be
looked
upon
as
a
weak
man
,
and
here
he
stiles
him
as
one
that
is
no
Child
,
that
he
may
be
looked
upon
as
a
Sophister
:
But
I
beleeve
the
Writer
will
rather
chuse
rather
to
be
accompted
weak
,
then
wicked
;
rather
a
Child
,
then
a
Deceiver
;
and
he
hath
upon
this
accompt
,
and
upon
the
accompt
of
his
own
inocency
in
this
particular
,
warranted
me
to
tell
the
Author
,
and
all
others
who
reads
these
Debates
,
That
if
in
the
proof
of
the
minor
of
this
Argument
(
that
the
Commissioners
sit
as
Judges
in
their
own
proceedings
)
he
hath
reasoned
loosly
,
he
hath
the
testimony
of
his
own
conscience
bearing
witness
to
his
integrety
,
that
he
hath
not
done
it
of
purpose
,
but
out
of
mistake
;
not
wilfully
,
but
in
simplicity
;
and
withal
,
that
he
is
so
far
from
being
convinced
of
any
mistake
in
this
,
by
any
thing
that
is
yet
said
,
that
he
is
more
and
more
cleared
and
confirmed
that
they
did
sit
as
Judges
in
their
own
proceedings
,
for
which
they
were
under
trial
,
notwithstanding
of
any
thing
that
is
said
by
the
Author
for
clearing
of
them
;
but
of
this
I
leave
the
judgment
to
the
Readers
.
As
to
the
third
particular
,
I
acknowledge
,
that
if
the
other
two
had
been
satisfyingly
answered
,
the
force
of
it
would
have
fallen
to
the
ground
,
it
being
indeed
but
an
aggravation
of
the
former
;
yet
such
an
aggravation
as
adds
not
a
little
weight
to
it
;
for
all
men
know
what
influence
the
preparations
and
deliberations
of
Committees
have
upon
the
Judicatories
,
whose
Committees
they
are
.
But
these
two
particulars
being
established
,
and
it
being
true
(
as
it
is
not
denied
by
the
Author
himself
)
that
the
Committee
wherein
the
Protestation
,
and
that
which
concerned
the
citing
of
the
Protesters
was
handled
,
was
for
most
part
made
up
of
these
,
who
had
been
Members
of
the
Commission
;
no
question
they
had
in
all
this
business
a
great
influence
upon
the
determination
of
the
Assembly
,
and
did
bring
a
prejudice
to
the
judgment
,
relating
to
their
own
proceedings
,
yea
did
that
,
that
did
involve
an
approbation
of
their
proceedings
,
at
least
a
judgment
that
they
could
not
be
condemned
or
found
irrelevant
;
and
therefore
the
Author
dares
to
affirm
too
much
,
when
he
saith
,
That
he
dare
affirm
it
that
neither
the
Writer
nor
any
that
were
in
the
Assembly
shall
instance
,
that
the
Commissioners
did
sit
and
vote
either
in
the
Assembly
,
or
in
any
Committee
of
the
Assembly
,
or
any
Act
of
it
importing
either
formally
,
or
by
way
of
consequence
,
approbation
or
condemnation
of
their
own
proceedings
;
we
having
made
the
contrary
to
appear
,
what
was
the
carriage
of
the
Commissioners
in
these
things
that
past
in
the
Assembly
towards
the
Protesters
,
whether
their
voting
and
judging
in
that
matter
was
to
their
prejudice
or
disadvantage
;
if
he
mean
in
order
to
censure
I
do
not
know
,
as
never
having
had
the
opportunity
to
be
perfectly
informed
about
it
;
I
do
indeed
beleeve
that
some
of
the
Commissioners
were
tender
,
as
to
the
matter
of
censures
,
both
in
regard
of
the
censure
,
and
of
the
number
of
persons
who
were
to
be
picked
out
for
censure
;
But
to
say
nothing
that
all
of
them
were
not
so
,
and
for
any
thing
I
know
none
of
them
were
free
of
laying
the
ground
of
their
censure
h.
e.
of
condemning
the
Protestation
,
and
declaring
it
to
be
censurable
,
it
doth
not
contribute
any
thing
,
for
answering
of
the
thing
that
was
objected
,
that
is
,
that
they
were
admitted
to
sit
as
Judges
of
their
own
proceedings
,
for
which
they
were
under
trial
;
and
therfore
notwithstanding
this
,
or
any
thing
that
is
said
to
the
Argument
,
it
still
hath
weight
against
the
Assembly
,
of
which
I
am
content
that
all
impartial
understanding
Readers
should
judge
:
I
do
in
reference
to
this
Argumenr
,
and
the
Argument
of
pre-limitation
,
and
that
of
the
rejecting
of
the
Exceptions
propounded
against
the
Commissioners
close
with
the
words
of
these
Divines
and
Lawyers
in
their
Greivances
against
the
Councel
of
Trent
,
Quale
vero
hoc
Concilium
futurum
sit
,
aut
quid
tandem
libero
Concilio
simile
habiturum
,
in
quo
litigatorum
altera
pars
,
&
quidem
rea
,
cum
consortibus
eodem
judicio
personam
judicis
quoque
sibi
sumit
,
&
judicii
adsessores
sub
arbitratu
deligit
,
judiciumque
pro
sua
libidine
constituit
,
quaerelam
&
accusationem
nullam
audire
vult
;
Imo
accusatores
inaudita
causa
,
&
priusquam
judicii
compareant
,
protinus
damnet
id
(
inquam
)
judicium
quid
judicij
simile
habiturum
sit
facile
cui
vis
sine
longiore
commemoratione
nostra
estimare
poterit
.
VINDICATION
.
ANd
now
upon
all
that
hath
been
said
,
let
every
one
judge
in
the
fear
and
sight
of
God
,
whether
or
no
all
the
Reasons
contained
in
the
Protestation
it self
,
or
in
the
latter
Papers
,
be
relevant
grounds
to
protest
against
,
or
nullifie
the
late
Assembly
as
unfree
and
unlawful
in
the
Constitution
and
manner
of
proceeding
therin
:
or
if
in
the
Constitution
or
manner
of
procedor
therin
there
was
such
encroachments
upon
the
liberty
&
freedom
of
Assemblies
as
which
the
Writer
boldly
affirms
in
answer
to
his
first
general
Objection
formed
against
himself
,
as
destroyed
almost
all
the
Essentials
of
an
Assemblies
freedom
in
Election
,
Voting
,
&c.
or
such
incroachments
as
moved
the
Assembly
38.
to
judge
null
the
pretended
Assemblies
condemned
therein
,
or
if
the
Arguments
brought
against
the
late
Assembly
be
as
strong
as
any
brought
against
these
:
both
which
the
Writer
affirms
too
boldly
ibidem
,
but
puts
their
trial
over
upon
the
Reader
,
wherein
I
think
he
did
wisely
,
for
I
Am
perswaded
had
he
taken
the
pains
to
make
a
particular
paralel
faithfully
comparing
the
one
with
the
other
,
he
should
evidently
fail
in
the
proof
,
and
wrong
his
credit
by
so
discovering
the
rashness
of
his
Assertion
.
As
we
have
cleared
the
Reasons
brought
against
the
Assembly
,
so
we
have
been
at
a
little
pains
,
according
to
his
desire
,
to
take
a
view
of
the
Reasons
brought
against
these
Assemblies
,
and
shall
also
be
at
the
pains
to
set
down
some
of
them
here
,
that
the
Reader
of
the
Vindication
(
who
it
may
be
hath
not
the
Acts
of
that
Assembly
at
hand
)
may
consider
them
;
as
1.
Lithgow
1606.
but
seven
dayes
;
Aberdeen
1606.
but
20.
dayes
before
;
Perth
1608.
but
20
dayes
before
,
contrary
to
clear
&
express
Law
,
and
causing
the
absence
of
many
Commissioners
.
2
Commissioners
from
Presbyteries
not
elected
,
but
enjoyned
to
come
by
the
Kings
or
Bishops
Letters
,
or
both
Lithgow
1606.
first
&
second
;
Glasgow
1610.
first
Session
.
3.
Many
voters
,
as
Judges
having
no
Commission
from
the
Kirk
,
Lithgow
1608.
only
22.
men
,
Officers
of
State
,
Counsellers
,
Barrons
and
Bishops
:
Glasgow
1610.
30.
Noblemen
and
Barrons
,
beside
the
pretended
Bishops
.
Aberdeen
1616.
25.
Noblemen
&
Gentlemen
.
Perth
1618.
19
Noblemen
and
Barrons
:
11
Bishops
.
4
Many
Supernumerary
Commissioners
for
Presbytries
,
Burroughs
in
sundries
of
them
.
5
Threatning
of
Commissioners
to
vote
as
the
King
would
,
Glasgow
1610.
3
Perth
1618.
with
the
wrath
of
Authority
,
Imprisonment
,
Banishment
,
Deprivation
of
Ministers
,
utter
subversion
of
the
Estate
;
yea
,
that
whether
reasoning
or
number
of
votes
should
carry
the
matter
.
Bribing
of
Commissioners
,
Glasgow
1610.
3
,
5
,
7.
no
election
of
a
Moderator
,
but
usurpation
of
that
place
by
the
Bishops
,
Aberdeen
1616.
Reas.
1
Perth
1618.
2.
8.
No
Ruling
Elders
sent
from
Presbyteries
,
Glasgow
1610.
Reason
first
,
9.
Grounds
of
proceeding
in
voting
not
in
the
Word
of
God
,
Confession
of
Faith
,
Acts
of
the
Assemblies
:
but
the
Kings
Commands
Perth
1618.
Reason
9.
Now
Reader
compare
these
with
what
hath
been
said
in
the
Examination
of
them
,
and
jugde
thou
impartially
,
if
no
stronger
Arguments
was
brought
for
the
nullity
of
these
pretended
Assemblies
then
this
Writer
hath
brought
against
this
.
REVIEW
.
IT
is
indeed
fit
that
in
a
matter
of
such
consequence
,
men
apply
themselvs
seriously
to
search
out
the
truth
,
and
to
judge
thereof
in
the
fear
and
sight
of
God
;
and
therefore
without
opposing
confidence
to
confidence
,
I
leave
men
so
to
do
upon
all
that
hath
been
said
,
and
then
to
give
sentence
whether
the
Reasons
contained
in
the
Protestation
,
and
in
the
latter
Papers
,
be
not
relevant
grounds
,
to
protest
against
&
to
nullify
the
late
Assembly
as
unfree
and
unlawful
in
the
Constitution
&
manner
of
proceeding
;
&
whether
the
Writer
had
not
reason
to
affirm
,
that
there
was
such
encroachments
upon
the
Constitution
thereof
,
and
right
manner
of
proceeding
therein
,
as
did
destroy
almost
all
the
essential
requisits
of
a
free
Assembly
;
freedom
of
Election
,
free
Voting
,
free
access
and
recess
,
free
hearing
of
what
was
offered
for
light
,
impartial
hearing
and
discussing
of
Exceptions
against
Constituent
Members
;
admitting
of
Presbytries
,
who
were
under
trial
,
to
sit
as
Judges
upon
particulars
relating
to
themselves
:
and
whether
there
was
not
such
encroachments
as
moved
the
Assembly
38.
because
of
the
like
to
judge
several
of
the
former
Assemblies
to
be
null
;
or
whether
stronger
Reasons
are
brought
for
nullifying
any
of
these
pretended
Assemblies
then
of
this
.
The
Author
thinks
these
to
be
too
bold
Assertions
in
the
Writer
:
but
I
hope
they
are
not
more
bold
then
true
;
and
viritas
non
quaerit
angulos
.
That
the
Writer
did
not
make
any
particular
paralel
of
the
Reasons
of
the
nullity
of
this
Assembly
,
with
the
Reasons
of
the
nullity
of
these
Assemblies
,
was
upon
no
such
politick
principle
as
the
Author
insinuats
,
to
wit
,
The
fear
of
wronging
his
credit
,
or
the
discovering
of
the
rashness
of
his
Assertion
;
but
to
spare
(
as
I
conceive
he
thought
)
needless
pains
,
the
Acts
of
the
Assembly
being
so
common
,
and
the
paralel
being
so
easie
to
every
Reader
of
ordinary
capacity
and
understanding
:
and
if
it
was
a
fault
in
the
Writer
,
not
to
make
a
particular
paralel
,
faithfully
comparing
the
one
with
the
other
,
and
weighing
Reason
with
Reason
;
the
Author
can
much
less
be
blameless
who
seems
to
undertake
it
,
and
yet
doth
little
as
to
the
performing
of
it
,
only
he
makes
a
short
recapitulation
of
the
Reasons
of
the
nullity
of
these
Assemblies
,
and
leaves
the
Reader
to
make
the
paralel
&
comparison
;
and
in
this
,
what
hath
he
done
more
then
the
Writer
?
except
that
he
hath
been
at
the
pains
to
make
some
compend
of
these
Reasons
,
which
are
more
clearly
set
down
in
the
printed
Acts
that
are
common
.
It
is
to
be
marked
,
that
it
is
not
asserted
by
the
Writer
,
that
all
the
Reasons
brought
for
anulling
of
all
,
and
every
one
of
these
Assemblies
,
are
quadrant
to
this
Assembly
;
but
that
there
is
none
of
these
Assemblies
,
for
the
nullifying
of
which
stronger
reasons
are
brought
,
and
therefore
though
some
breaches
of
the
right
Rules
of
Constitution
may
haply
be
found
in
some
of
these
Assemblies
,
which
are
not
instanced
in
this
Assembly
,
it
makes
nothing
against
this
Assertion
,
nor
for
justifying
this
Assembly
more
then
these
,
because
there
is
none
of
these
in
which
moe
or
more
weighty
breaches
of
the
Rules
of
Constitution
can
be
found
,
then
can
be
found
in
this
.
But
let
us
take
a
view
of
the
most
considerable
Reasons
brought
for
nullifying
these
Assemblie●
,
and
compare
them
with
the
Reasons
which
are
brought
for
nullifying
this
:
the
first
is
,
The
want
of
timous
indiction
which
caused
the
absence
of
many
Commissioners
.
To
this
there
was
something
equivalent
in
this
Assembly
that
caused
the
absence
of
many
Commissioners
,
to
wit
,
The
troubles
of
the
times
which
in
some
places
hindred
the
Elections
,
and
in
others
hindred
the
Commissioners
from
coming
.
The
second
is
,
want
of
freedom
in
the
Election
of
Commissioners
in
Presbyteries
,
because
of
Letters
from
the
King
and
the
Prelats
,
requiring
them
to
chuse
such
and
such
.
To
which
was
equivalent
in
this
Assembly
,
the
pre
limiting
of
Elections
of
their
freedom
by
the
Letter
and
Act
of
the
Commission
,
excluding
all
those
who
were
opposit
to
the
Publick
Resolutions
.
The
third
is
,
the
admitting
many
to
voice
in
the
Assemblies
,
who
had
no
Calling
nor
Commission
so
to
do
;
to
which
is
equivalent
in
this
Assembly
,
the
admitting
the
Commissioners
to
voice
,
notwithstanding
of
just
Exceptions
proponed
against
them
,
before
the
discussing
of
these
Exceptions
,
and
the
admitting
them
to
voice
in
the
discussing
of
them
.
The
fourth
is
,
the
want
of
freedom
in
voicing
,
because
of
threatnings
under
no
less
pains
then
the
wrath
of
Authority
,
Imprisonment
,
deprivation
of
Ministers
,
&c.
To
which
was
equivalent
in
this
Assembly
,
the
Kings
Letter
,
and
the
Commissioners
Speech
,
with
the
previous
warnings
,
Remonstrances
,
Letters
and
Acts
of
the
Commission
characterizing
those
who
were
against
Publick
Resolutions
as
Malignants
,
and
appointing
them
to
be
censured
,
and
stirring
up
the
Civil
Magistrate
against
them
,
together
with
the
Acts
of
Parliament
made
against
such
,
which
Acts
did
involve
more
and
more
certainly
against
the
opposers
of
Publick
Resolutions
then
any
of
these
threatnings
could
do
,
because
there
was
no
Law
,
as
yet
,
for
executing
of
them
.
The
fifth
is
,
the
practising
some
of
the
Articles
concluded
in
these
Assemblies
before
the
Assembly
it self
,
notwithstanding
that
these
Articles
were
formerly
condemned
by
the
Church
,
by
which
their
Voices
were
pre-judged
by
the
practice
or
these
Articles
before
condemned
by
the
Church
,
and
therefore
they
should
have
been
secluded
from
voicing
.
To
which
in
this
Assembly
is
equivalent
,
the
practising
the
Publick
Resolutions
by
many
Members
of
the
Assembly
before
the
Assembly
concluded
the
same
,
notwithstanding
they
were
before
that
time
clearly
condemned
by
the
Church
:
I
dare
say
as
clearly
as
ever
kneeling
at
the
Communion
,
or
feastval-daies
,
were
condemned
by
this
Church
,
before
the
Assembly
did
conclude
them
to
be
practised
.
The
sixth
is
,
the
limiting
of
Commissioners
of
their
power
and
Commission
given
unto
them
by
their
Presbytries
,
which
was
also
done
upon
the
matter
by
Presbytries
,
sending
Commissioners
to
this
Assembly
:
For
besides
that
many
Presbytries
,
in
obedience
to
the
Letter
and
Act
of
the
Commission
,
did
chuse
none
but
such
as
was
for
the
Publick
Resolutions
passing
by
all
such
as
were
against
them
:
so
some
Presbytries
did
expresly
discharge
some
who
were
chosen
because
they
were
opposit
to
the
Publick
Resolutions
;
of
which
I
have
given
two
clear
instances
already
,
one
in
the
Presbytry
of
the
Mearnes
who
did
by
a
Letter
intimate
the
Lord
Arburthnet
(
whom
they
had
chosen
to
be
Ruling
Elder
to
the
General
Assembly
)
that
if
he
had
any
hesitation
or
scruple
to
declare
himself
satisfied
with
the
Publick
Resolutions
,
they
behoved
to
make
choice
of
another
:
Another
in
the
Presbytery
of
Kirkaldy
discharging
the
Ruling
Elder
chosen
for
the
Town
of
Burnt-Island
,
upon
the
accompt
of
his
being
opposit
to
the
Publick
Resolutions
.
Besides
these
Reasons
,
there
be
also
others
mentioned
and
cleared
,
in
the
Debate
that
contribute
for
proving
the
nullity
of
this
Assembly
;
and
when
all
these
are
put
together
,
I
beleeve
it
shall
not
be
found
that
there
were
moe
,
or
more
material
Reasons
brought
by
the
Assembly
at
Glasgow
,
for
nullifying
of
any
of
these
6.
pretended
Assemblies
,
then
are
brought
for
nullifying
of
this
;
and
therefore
the
Writer
hath
done
no
wrong
to
his
credit
,
nor
shown
himself
rash
in
affirming
so
.
VINDICATION
.
AFter
all
these
Arguments
brought
to
nullifie
the
late
Assembly
,
the
Writer
brings
some
general
Objections
against
their
protesting
against
the
Assembly
,
formed
at
his
own
pleasure
,
and
Answereth
them
.
He
needed
not
been
at
this
pains
,
I
doubt
not
,
honest
and
understanding
men
interessed
,
in
time
convenient
,
will
represent
Reasons
enough
against
it
themselves
,
nor
will
we
stay
to
trace
him
in
these
,
considering
how
fectless
and
weak
the
grounds
were
whereupon
the
Protestation
was
built
.
The
Authors
of
it
,
though
I
question
not
their
finding
mercy
at
Gods
hands
,
yet
shall
they
never
be
able
to
wipe
away
before
the
eyes
of
impartial
men
of
this
and
succeding
generations
who
shall
be
rightly
informed
of
it
,
the
blot
of
Dividing
this
Kirk
,
and
exposing
our
Government
to
be
reproached
of
the
Enemy
,
by
needless
p●●pming
of
,
and
of
the
bloody
unseasonableness
of
it
;
it
may
sting
them
to
remember
what
a
time
it
was
they
gave
it
in
,
wherein
the
Blood
of
their
Brethren
shed
in
Defence
of
their
Countrie
,
was
as
yet
●eeking
from
the
ground
,
and
what
contentment
and
insultations
many
of
them
●●thed
in
their
countenances
and
speech
,
at
the
very
circumstance
of
time
;
and
that
they
would
not
delay
the
in-giving
of
it
one
day
,
though
Hearing
and
admittance
was
promised
to
them
;
and
if
they
could
not
at
all
be
present
personally
,
might
have
been
presented
in
their
name
,
but
they
would
needs
give
it
then
though
it
was
near
midnight
,
and
the
translation
of
the
Assembly
was
voted
before
.
I
shall
add
but
a
word
or
two
more
,
one
is
this
:
I
put
it
to
some
of
their
consciences
if
it
was
not
apprehension
that
the
Assembly
would
approve
the
proceedings
of
the
Commissioners
,
together
with
the
occasion
of
that
dayes
event
that
moved
them
indeed
to
give
that
Protestation
more
then
conscience
of
any
weight
of
the
grounds
whereon
it
was
built
.
I
give
only
these
two
Evidences
of
this
,
1.
That
they
did
so
earnestly
press
the
Assembly
to
be
but
adjourned
upon
that
ground
,
that
there
were
such
differences
about
these
proceedings
.
2.
That
until
that
day
some
of
themselves
had
sitten
and
voted
in
it
,
as
in
an
Assembly
lawfully
constitute
,
compeared
in
Committees
of
the
Assembly
,
yea
,
sitten
as
Members
in
them
,
some
of
them
being
Moderators
and
Clerks
of
these
Committees
cognosced
upon
matters
that
came
before
the
Assembly
,
made
reports
to
the
full
Assembly
,
concurred
with
votes
in
making
sundry
Acts
of
the
Assembly
,
until
that
very
day
the
blow
was
given
at
Inerkeithen
;
and
even
then
when
the
Assembly
met
at
night
to
advise
about
translation
,
they
voted
in
that
business
;
It
's
true
,
They
voted
not
for
translation
,
but
for
adjourning
of
it
:
But
that
same
did
necessarily
import
their
acknowledgment
of
it
for
the
present
as
a
lawful
Assembly
;
however
now
they
do
profess
that
that
was
an
error
and
fault
:
Yet
these
things
do
clearly
enough
evidence
,
that
at
the
time
of
the
in-giving
of
be
Protestation
,
it
was
not
conscience
of
the
weight
of
the
grounds
whereon
it
was
built
(
as
they
pretended
in
the
Protestation
)
but
some
other
thing
,
even
that
which
was
said
before
,
that
moved
them
to
protest
against
the
Assembly
.
REVIEW
.
THe
Author
is
pleased
handsomly
to
wave
the
answer
brought
by
the
Writer
to
these
objections
,
though
many
of
them
be
home
to
the
purpose
:
He
brings
for
his
Reasons
,
that
the
grounds
of
the
Protestation
are
weak
and
fectless
.
But
the
sentence
of
one
who
is
party
,
is
justly
liable
to
the
suspition
of
partiality
.
If
there
be
no
more
to
be
said
against
the
grounds
of
the
Protestation
then
is
in
his
Vindication
,
they
may
haply
be
found
strong
enough
notwithstanding
both
of
his
underminings
and
batteries
:
I
shall
the
less
wonder
at
his
big
words
,
to
wit
,
That
the
Protesters
shall
never
be
able
to
wipe
away
,
before
the
eyes
of
impartial
men
of
this
and
succeeding
generations
,
who
shall
be
rightly
informed
of
it
:
The
blot
of
dividing
this
Kirk
and
exposing
our
Government
to
the
reproach
of
the
Enemy
by
needless
proponing
of
it
;
because
it
is
of
his
interest
and
concernment
to
put
these
things
from
his
own
door
and
the
door
of
his
complices
.
But
in
this
the
Protesters
with
much
trembling
and
fear
do
make
their
humble
appeal
to
the
Lord
Jesus
Christ
,
desiring
Him
in
mercy
both
to
the
one
and
to
the
other
,
to
bear
testimony
at
whose
door
the
guilt
of
these
things
doth
mainly
lie
,
whether
at
theirs
who
on
a
sudden
do
change
both
their
principles
and
party
,
or
at
theirs
who
adhering
to
their
former
principles
have
born
testimony
against
that
change
,
and
have
studied
,
though
in
much
weakness
and
with
many
failings
and
infirmities
to
preserve
their
Union
cum
Deo
,
cum
Foedere
,
cum
Pristina
Ecclesia
Scoticana
;
and
to
preserve
the
Liberty
of
the
Kirk
of
Scotland
[
jure
]
by
protestation
,
when
they
could
not
do
it
[
facto
]
by
any
other
lawful
means
.
As
for
the
rest
of
the
things
which
he
saith
in
this
Paragraphe
concerning
the
bloody
unseasonableness
of
it
(
as
he
calls
it
)
When
I
read
these
things
,
that
of
David
2
Sam.
16.12
.
when
much
like
imputations
were
cast
upon
him
,
occurred
unto
me
;
not
that
I
mean
to
compare
the
Author
to
Shimei
,
though
yet
I
wish
he
had
been
more
modest
in
these
things
;
but
desires
the
Protesters
to
be
comforted
in
their
own
innocency
against
unjust
imputations
.
I
see
no
cause
why
he
should
desire
them
to
remember
at
what
a
time
they
gave
it
in
;
from
any
guilt
they
had
in
the
in-giving
of
it
,
the
consideration
of
the
Lords
trysting
that
doolful
stroak
at
Inerkeithen
,
with
the
more
doolfu●
defection
of
the
Church
of
Scotland
,
doth
indeed
afflict
them
and
wound
their
hearts
as
often
as
they
remember
of
it
;
But
in
the
in-giving
of
the
Protestation
they
have
peace
,
as
having
done
their
duty
therein
:
That
any
of
them
did
kythe
contentment
and
insultation
in
their
countenance
and
speech
at
the
very
circumstance
of
time
is
a
causeless
reproach
,
and
more
then
he
or
any
others
shall
ever
be
able
to
make
good
,
or
hath
any
just
ground
to
alleadge
:
He
had
dealt
fairly
if
he
had
set
down
these
speeches
that
gave
evidence
of
their
insultations
,
their
own
breasts
best
know
what
was
the
frame
of
their
spirits
,
and
no
man
under
Heaven
can
bring
any
evidence
of
their
contentment
,
or
insultation
in
their
countenance
and
speech
.
That
they
would
not
delay
the
in-giving
of
it
,
was
upon
these
grounds
:
1
Because
they
did
perceive
they
were
already
put
to
disadvantages
by
delay
.
2
Because
they
did
suspect
that
it
was
not
safe
for
them
to
go
to
Dundee
,
which
suspition
was
afterwards
verified
not
to
be
groundless
,
by
the
usage
that
some
of
their
number
met
with
in
that
place
.
3
Because
they
doubted
if
the
Assembly
should
have
liberty
to
transport
themselves
to
sit
els-where
,
the
English
now
being
Master
of
the
Fields
,
.
That
it
was
given
in
when
it
was
near
midnight
,
and
after
the
adjournment
of
the
Assembly
,
are
no
agravating
circumstances
of
the
business
;
but
the
reason
was
,
they
delaied
as
long
as
possibly
they
could
,
being
loth
to
fall
upon
this
last
remedy
till
they
have
the
utmost
.
As
for
that
Question
that
he
puts
to
the
consciences
of
the
Protesters
,
I
shall
give
a
consciencious
and
ingenious
Answer
thereto
in
both
the
parts
of
it
,
expecting
that
he
will
do
the
like
upon
Questions
put
to
him
after
this
manner
.
As
to
the
first
part
of
it
I
do
indeed
think
that
the
apprehension
,
or
rather
the
almost
certain
knowledge
,
that
the
Assembly
would
approve
the
proceedings
of
the
Commissioners
,
had
weight
with
the
Protesters
,
both
to
look
more
narrowly
to
the
lawfulnes
and
freedom
of
the
Assembly
,
and
to
think
more
seriously
upon
a
Protestation
then
otherwise
they
would
have
done
if
the
Assembly
had
been
like
to
improve
their
power
(
whatever
it
was
)
unto
Edification
:
many
things
may
be
born
with
and
winked
at
in
legalities
and
forms
,
and
wayes
of
proceeding
in
Judicatures
,
when
their
proceedings
for
the
matter
are
right
,
which
yet
may
be
justly
censurable
in
themselves
,
and
which
others
may
be
stirred
up
to
take
notice
of
by
things
relating
to
the
matter
:
But
that
the
apprehension
of
the
Assemblies
approving
of
the
proceedings
of
the
Commission
did
make
them
hazard
upon
a
Protestation
against
the
Assembly
,
upon
such
grounds
as
to
their
consciences
were
not
weighty
and
relevant
,
I
will
assure
him
is
an
untruth
;
they
were
convinced
in
their
consciences
before
the
giving
in
of
that
Protestation
,
that
these
grounds
were
relevant
,
and
their
light
and
conviction
is
from
day
to
day
more
and
more
encreased
in
this
thing
,
albeit
it
was
,
and
is
unto
them
a
matter
of
great
sadness
to
see
a
General
Assembly
of
the
Kirk
of
Scotland
corrupted
in
the
Constitution
and
actings
of
it
,
yet
they
did
,
and
do
look
upon
it
as
a
wonderful
providence
of
God
,
that
as
all
the
former
Assemblies
that
carried
on
courses
of
defect
on
in
this
Church
,
were
also
corrupt
in
their
Constitution
;
So
this
Assembly
which
did
ratifie
the
Publick
Resolutions
that
do
involve
a
course
of
defection
,
&
make
sundry
dangerous
and
destructive
Acts
,
was
,
as
to
the
Constitution
of
it
,
unfree
and
unlawful
,
and
therefore
no
Assembly
at
all
.
As
to
the
other
part
of
the
Question
,
That
it
was
the
occasion
of
that
dayes
event
that
moved
them
to
give
in
that
Protestation
,
more
then
the
conscience
of
any
weight
of
the
grounds
whereon
it
was
built
.
He
that
is
the
searcher
of
hearts
knows
that
it
was
not
so
,
and
that
that
dayes
event
had
no
influence
at
all
upon
the
Protesters
in
giving
in
of
that
Protestation
,
otherwise
then
that
the
dayes
event
occasioning
the
adjournment
of
the
Assembly
from
St.
Andrews
did
occasion
the
giving
in
of
that
Protestation
before
their
rising
,
lest
there
should
not
be
another
opportunity
.
And
to
make
it
to
appear
that
it
was
not
the
occasion
of
that
daies
event
that
moved
them
to
give
it
in
,
I
desire
these
particulars
to
be
taken
notice
of
:
1
That
it
was
resolved
upon
and
subscribed
48.
hours
before
there
was
any
report
of
that
daies
event
at
St.
Andrews
;
it
was
subscribed
upon
the
Friday
,
and
the
report
of
that
event
came
not
till
Sunday
at
night
late
.
2
When
it
was
subscribed
,
it
was
earnestly
prest
by
some
,
that
it
might
presently
after
the
subscribing
thereof
,
or
the
next
day
without
further
delay
be
given
in
to
the
Assembly
:
and
upon
this
very
reason
among
others
,
lest
if
our
Forces
should
be
defeated
,
before
the
in-giving
of
it
,
it
might
open
the
mouths
of
some
to
say
,
that
which
is
now
spoken
by
the
Author
.
If
it
be
asked
,
Why
it
was
then
delaied
?
The
reason
was
,
because
some
was
absent
who
had
been
upon
the
debate
of
it
,
and
were
like
to
subscribe
it
;
therefore
it
was
resolved
,
that
it
should
be
delayed
until
Monday
,
till
they
might
be
present
to
put
to
their
hands
,
and
that
on
that
day
without
further
delay
,
it
should
be
given-in
without
respect
to
any
events
,
yet
so
,
as
if
that
the
Assembly
should
be
adjourned
before
that
time
,
of
which
there
was
a
constant
rumor
because
of
the
fear
of
the
approach
of
a
Party
of
the
English
,
that
it
should
be
given
in
at
the
time
of
the
adjourning
the
Assembly
,
and
accordingly
some
of
the
number
were
named
to
waite
on
and
to
do
it
upon
that
exigent
.
The
things
which
the
Author
brings
for
verifying
his
alleadgances
are
soon
Answered
.
The
p●e●sing
to
adjourn
the
Assembly
upon
that
ground
that
there
was
such
differences
about
these
proceedings
,
was
because
they
did
rather
incline
to
strain
themselves
to
the
utmost
▪
and
to
except
of
any
tolerable
remedy
,
then
that
the
Assembly
should
go
on
to
ratifie
a
course
of
Detection
,
and
to
lay
a
foundation
of
bearing
down
oppose●s
of
publick
Resolutions
,
by
making
Acts
for
censuring
of
them
,
as
afterwards
they
did
:
yet
so
,
that
if
the
overture
of
adjournment
had
been
hearkned
to
,
they
would
not
have
been
satisfied
,
but
with
such
provisions
as
might
have
been
remedy
at
least
for
the
future
,
for
preventing
such
things
as
were
wrong
in
the
Constitution
,
and
might
have
given
some
probable
hope
of
right
composing
of
Differences
:
That
till
that
day
some
of
themselves
did
sit
and
vote
in
it
,
as
one
Assembly
lawfully
Constituted
,
is
an
alleadgance
without
a
bottom
.
They
did
indeed
sit
and
vote
in
it
several
dayes
,
but
with
a
Protestation
oftentimes
renewed
both
before
and
after
the
chusing
of
the
Moderator
to
be
heard
upon
the
Constitution
of
the
Assembly
without
satisfaction
,
in
which
they
could
not
acknowledge
the
Assembly
.
And
the
reason
why
they
did
sit
and
vote
till
the
day
of
Inerkeithing
,
was
that
which
I
have
told
already
,
because
they
were
loath
to
use
the
last
remedy
,
till
there
was
no
hope
,
That
any
other
could
be
effectual
to
bring
things
to
any
tolerable
condition
:
the
Author
cannot
but
remember
that
there
was
Conference
both
upon
the
Thursday
,
and
upon
the
Friday
,
betwixt
some
of
the
Commissioners
and
some
of
the
Protesters
in
order
to
a
good
understanding
,
and
some
right
way
of
composing
Differences
,
and
preventing
of
further
Divisions
,
and
of
a
wider
breach
;
and
how
much
and
how
earnestly
some
did
with
tears
press
the
Commissioners
,
that
they
would
be
instrumental
to
get
the
Assembly
adjourned
,
and
how
peremptorily
they
did
refuse
,
so
much
as
once
to
speak
in
it
.
Their
salvo
in
the
Assembly
was
also
salvo
enough
for
them
to
be
in
Committees
:
and
for
their
voting
in
the
adjournment
.
I
have
told
upon
what
ground
they
did
it
,
it
doth
but
at
the
utmost
say
,
that
they
did
strain
themselves
to
the
utmost
,
and
further
then
otherwise
could
have
been
convenient
,
untill
necessity
forced
them
to
use
the
last
remedy
of
Protesting
:
From
all
which
it
may
appear
,
notwithstanding
of
any
thing
said
by
the
Author
to
the
contrary
,
That
it
was
the
conscience
of
the
weight
of
the
grounds
whereupon
it
was
built
,
and
not
that
which
alleadged
by
the
Author
that
moved
these
men
to
protest
against
the
Assembly
:
The
Author
is
a
very
bold
and
uncharitable
Censurer
of
the
Protesters
,
not
only
as
to
the
matter
of
their
actions
,
but
as
to
the
motives
and
inducements
of
their
actings
.
In
the
beginning
of
his
Vindication
,
he
hath
holden
forth
some
of
them
,
as
acting
upon
Byassed
and
Self-interst
,
and
as
belying
all
their
great
Profession
,
of
respect
to
the
Government
of
this
Kirk
by
their
Actions
.
Now
in
the
close
of
it
,
he
holdeth
forth
all
of
them
as
men
void
of
conscience
in
this
particular
,
and
acting
upon
other
grounds
,
notwithstanding
of
their
pretending
to
Conscience
:
I
thought
that
whatever
had
been
his
Opinion
of
some
of
them
,
yet
that
he
had
had
a
better
and
more
Honorable
estimation
of
others
of
them
.
VINDICATION
.
I
Shall
in
the
next
place
speak
a
word
to
one
or
two
passages
contained
in
the
general
Objections
,
because
in
the
one
the
Writer
pretends
to
hold
forth
a
new
argument
against
the
lawfulnesse
of
the
Assembly
,
in
the
other
through
the
sides
of
it
,
he
strikes
at
the
Assembly
of
Glasgow
38.
it self
:
The
former
in
the
answer
to
the
second
Objection
is
this
,
Albeit
there
were
nothing
relating
to
the
point
of
forme
,
viz.
to
the
Constitution
and
manner
of
proceder
of
the
Assembly
,
yet
some
conceive
,
and
with
much
appearance
of
reason
that
an
Assembly
proceeding
wrong
upon
matters
is
null
,
because
Kirk
Judicatories
have
no
power
to
destruction
,
but
all
their
power
is
to
Edification
,
and
all
power
Commissioners
of
a
Generall
Assembly
have
,
it
is
by
Commissions
from
Presbyteries
which
Commission
limiteth
them
to
the
Word
of
God
,
the
Covenant
and
Acts
of
former
Assemblies
,
and
therefore
in
so
far
as
they
do
any
thing
contrary
to
these
,
in
so
far
they
may
be
declined
as
having
no
power
for
doing
any
such
thing
,
which
furnisheth
a
new
argument
,
not
before
alleadged
for
declining
the
Assembly
,
because
in
the
most
of
all
the
materials
of
their
proceedings
they
proceed
contrary
to
the
trust
committed
to
them
by
Presbyteries
.
Answer
:
We
are
not
now
disputing
about
the
right
or
wrong
of
particular
Acts
and
Constitutions
of
the
Assemblie
;
the
Writer
doth
but
affirm
they
are
wrong
,
and
this
saying
is
not
to
be
holden
for
sententia
l●ta
,
nor
is
it
an
Oracle
;
but
to
the
present
matter
:
1.
Supposing
as
the
Writer
doth
,
and
we
conceive
we
have
in
what
goes
before
made
a
more
clear
supposition
,
nothing
could
be
alleadged
in
the
point
of
forme
,
that
which
indeed
here
maketh
nothing
for
justifying
the
deed
of
the
Protesters
who
Protested
against
the
lawfulnesse
of
the
Assembly
,
when
as
it
had
not
come
to
any
of
these
Proceedings
which
the
Writer
alleadgeth
to
be
wrong
in
the
matter
,
this
sure
I
am
cannot
be
justifiable
:
But
secondly
,
if
the
Writer
by
these
some
,
who
conceive
,
as
he
saith
,
meaneth
any
some
Orthodox
Writers
,
it
had
been
fit
he
had
named
them
and
cited
their
words
and
Writings
wherein
they
express
that
conception
,
that
we
might
have
had
consideration
of
them
:
If
he
mean
some
of
themselves
,
their
Authority
cannot
have
weight
in
this
matter
,
being
but
a
party
without
authority
,
speaking
in
their
own
cause
,
and
for
their
own
advantage
,
but
for
the
thing
it self
which
is
asserted
here
,
that
an
Assembly
against
which
nothing
can
be
alleadged
in
the
point
of
forme
,
to
wit
,
in
the
Constitution
of
it
,
for
its
manner
of
Proceeding
is
a
null
Assembly
.
1.
According
to
the
state
of
the
question
in
hand
,
a
not
having
the
being
of
an
Assembly
,
but
to
be
holden
a
meer
meeting
destitute
of
Authority
,
because
proceeding
wrong
in
the
matter
,
id
est
,
making
some
wrong
Acts
,
is
in
my
weak
judgement
a
most
dangerous
and
irrationall
conception
,
I
confess
indeed
that
a
Gen.
Assembly
is
not
a
Judicatory
absolutly
soveraign
,
whose
Constitution
is
to
be
imbraced
upon
its
bare
and
naked
authority
as
Papists
make
their
Councels
to
be
,
but
Ministerial
subordinate
unto
,
and
limited
by
a
rule
,
and
not
unfallible
,
and
therefore
that
inferior
Judicatories
,
and
private
Christians
also
must
make
use
of
the
judgement
of
discretion
to
compare
the
Constitutions
with
the
rule
,
and
are
not
oblieged
to
receive
them
if
they
be
contrary
to
,
or
dissentient
from
the
rule
;
but
to
say
that
notwithstanding
it
be
constitute
so
as
nothing
is
wanting
or
amiss
as
to
the
point
of
forme
requisite
in
such
a
Judicatory
,
yet
if
it
make
wrong
constitutions
upon
the
matter
,
that
it
is
to
be
holden
no
Asembly
at
all
;
that
is
to
open
a
gape
to
confusion
,
inferring
that
absurd
consequence
,
that
that
Assembly
is
not
compleatly
constitute
in
the
being
of
an
Assembly
,
untill
all
the
Acts
of
it
be
concluded
and
ended
;
and
that
untill
it
be
concluded
no
man
can
acknowledge
nor
submit
to
it
,
but
with
a
reserve
,
and
if
it
shall
be
so
,
I
see
not
how
it
can
be
avoided
by
the
like
reason
,
that
acts
wrong
upon
the
matter
must
make
a
Presbytery
not
a
Presbytery
;
yea
,
and
a
Minister
a
non-Minister
,
which
no
man
will
not
see
to
be
most
contrary
to
the
practise
of
CHRIST
and
his
Appostles
in
relation
to
the
Priests
and
Kirk
Judicatories
among
the
Jews
while
they
were
a
Kirk
;
it
is
also
remarkable
,
that
that
solemn
Assembly
of
Glasgow
in
declaring
the
nullity
of
the
six
preceding
Assemblies
doth
never
take
an
argument
to
prove
the
nullity
of
any
of
them
from
the
matter
of
the
Acts
made
in
them
,
while
yet
there
was
very
fair
occasion
to
have
done
,
if
that
Assembly
had
been
of
the
Writers
minde
.
The
second
grounds
upon
which
the
Writer
saith
this
conceit
hath
great
appearance
of
reason
,
are
of
that
sort
of
arguments
that
Arristotle
calls
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
id
est
,
That
hath
appearance
,
but
not
solidity
,
id
est
,
That
Kirk
Judicatories
have
no
power
for
destruction
,
but
all
their
power
is
for
Edification
;
he
might
have
taken
a
large
subject
to
his
denunciation
,
even
all
Judicatories
both
Civill
and
Ecclesiasticall
,
for
no
Civill
Judicatory
nor
Judge
,
nor
Magistrate
,
more
then
Ecclesiastick
hath
his
power
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
id
est
,
morall
power
for
destruction
,
but
all
is
for
edificatication
,
in
their
kind
,
viz
,
for
the
preserving
and
procuring
the
good
and
safty
of
the
people
,
which
is
suprema
lex
by
just
acts
.
Is
then
that
a
good
consequence
,
an
Assembly
that
maketh
destructive
Acts
is
null
,
then
it
s
as
good
a
consequence
,
a
Parliament
that
maketh
destructive
Acts
is
no
Parliament
,
and
a
King
that
maketh
destructive
Acts
is
no
King
.
The
truth
is
,
an
Assembly
that
makes
wrong
Acts
dissenting
from
the
rule
it
should
walk
by
,
Acts
not
as
a
lawful
Assembly
should
do
,
nor
are
these
Acts
made
obligatory
,
or
to
be
obeyed
,
but
yet
for
all
that
,
it
may
be
a
true
and
lawful
Assembly
,
as
to
the
essence
and
being
of
an
Assembly
,
and
having
lawfull
authority
as
the
Parliament
48.
in
carrying
on
the
sinfull
Engagment
,
and
many
Acts
destructive
to
the
Commonwealth
,
and
to
the
ends
of
Parliament
,
which
people
thought
themselves
not
oblieged
to
obey
,
and
were
afterwards
condemned
;
and
yet
that
Parliament
was
never
denyed
to
be
a
lawfull
Parliament
:
It
was
a
distinction
at
that
time
common
and
uncontradicted
,
and
for
my
part
I
cannot
see
a
reason
why
it
should
not
have
place
in
relation
to
an
Assembly
,
that
the
acts
of
it
may
be
unlawfull
,
and
yet
it self
an
lawfull
Assembly
.
The
other
reason
is
never
a
whit
more
to
the
purpose
more
then
the
former
;
for
to
let
that
pass
which
he
saith
in
the
antecedent
,
that
whatever
power
Commissioners
of
a
General
Assembly
have
,
it
is
by
Commission
from
,
&c.
(
which
deserves
examination
)
and
if
he
mean
that
Commissioners
sitting
together
and
voting
in
a
Generall
Assembly
,
have
only
a
delegate
power
,
and
deputed
power
subordinate
to
Presbyteries
,
can
hardly
be
reconciled
with
sound
Doctrine
,
concerning
Church
Government
)
yet
supposing
it
to
be
so
,
no
more
follows
,
but
that
in
such
acts
as
the
Assembly
makes
,
contrary
to
the
limitations
and
rules
contained
therein
,
they
may
get
no
obedience
,
and
that
such
acts
may
be
declined
and
Protested
against
;
and
indeed
the
Writer
himself
in
his
consequent
infers
no
more
but
this
much
,
for
getting
in
so
short
bounds
what
he
had
proponed
as
the
point
to
be
proven
,
for
these
are
his
very
words
:
For
in
so
far
as
they
do
any
thing
contrary
to
this
,
in
so
far
they
may
be
declined
,
as
having
no
power
or
authority
in
doing
such
things
:
Which
,
what
is
it
else
but
what
we
have
said
?
But
it
doth
not
follow
,
that
because
they
make
acts
contrary
to
the
limitation
of
their
Commission
,
therfore
the
Assembly
may
be
declined
and
protested
against
absolutly
,
as
not
having
the
being
of
a
lawful
free
Assembly
,
just
as
because
,
the
members
of
a
Parliament
have
all
their
power
by
Commission
from
the
people
of
the
Land
,
Commissioners
of
Shires
from
their
Shires
,
and
Commissioners
of
Burghs
from
their
Burghs
by
a
temporary
election
;
&
as
I
humbly
conceive
)
Noblement●●
by
a
kind
of
election
,
heriditary
from
the
Commonwealth
,
&
they
are
limited
to
the
laudable
fundamental
lawes
of
the
Kingdome
,
and
unto
the
common
principles
of
Justice
;
it
followes
well
that
if
they
make
acts
contrary
to
these
they
are
not
obligatory
unto
obedience
,
and
in
so
far
they
may
be
protested
against
:
But
it
doth
not
follow
,
that
therefore
the
Parliament
that
makes
them
may
be
absolutly
declined
and
Protested
against
as
no
lawful
or
free
Parl.
I
know
there
are
many
differences
between
these
Judicatories
in
other
things
,
but
I
think
the
Writer
shall
be
hardly
able
to
let
us
see
a
reason
why
the
paralel
of
this
should
not
hold
good
.
This
is
it
that
takes
away
the
force
of
the
second
ground
,
for
proving
the
point
that
was
intended
,
however
the
impertinency
of
this
second
ground
as
to
the
point
it
was
intended
for
,
is
discovered
before
;
and
I
hope
by
what
hath
been
said
,
it
is
sufficiently
evidenced
that
the
Writer
hath
brought
no
new
considerable
reason
for
the
nullity
of
the
late
Assembly
,
as
to
the
being
of
a
lawfull
free
Assembly
,
even
suppose
sundry
of
the
acts
and
constitutions
were
wrong
upon
the
matter
(
which
yet
is
not
granted
,
and
he
should
have
proven
and
not
nakedly
affirmed
)
but
hath
brought
disadvantage
to
himself
and
the
Protestation
.
REVIEW
.
THe
Writer
is
not
positive
in
delivering
his
own
judgement
upon
this
point
,
that
is
here
so
much
insisted
upon
by
the
Author
,
but
onely
saith
that
it
is
the
opinion
or
conception
of
some
with
much
appearance
of
reason
,
and
therefore
upon
supposall
that
this
opinion
were
not
well
grounded
,
he
hath
brought
little
or
no
disadvantage
either
to
himself
or
to
the
Protestation
,
in
alleadging
the
same
;
yea
,
I
believe
he
will
take
it
for
an
advantage
to
have
the
Truth
discovered
unto
him
,
either
in
this
or
any
other
particular
,
:
For
my
part
,
I
am
loath
,
neither
do
I
intend
to
fall
upon
the
debate
of
this
question
,
or
to
deliver
my
judgement
positively
therein
(
because
,
(
if
I
be
not
mistaken
)
it
is
a
thorny
question
,
and
full
of
difficulties
on
both
hands
,
yet
I
cannot
but
take
notice
of
some
things
that
are
set
down
by
the
Author
in
his
large
Answer
to
what
was
said
shortly
by
the
Writer
:
First
,
He
tels
us
that
the
Writer
doth
but
affirm
that
the
Acts
and
Constitutions
of
the
Assembly
are
wrong
;
and
that
his
saying
is
not
to
be
holden
for
sententia
lata
,
nor
is
it
an
Oracle
:
None
speaks
Oracles
but
God
,
and
the
Writer
takes
no
more
upon
him
but
to
speak
his
opinion
as
a
poor
weak
man
;
but
I
believe
the
Author
knows
,
that
it
is
not
only
the
opinion
of
the
Writer
,
and
of
the
Protesters
,
and
of
such
Ministers
and
Professors
as
are
unsatisfied
with
the
Constitution
of
the
Assembly
,
but
also
of
many
others
,
even
of
not
a
few
of
those
who
were
no
opposites
to
the
Publick
Resolutions
;
I
have
hitherto
met
with
few
or
none
in
estimation
for
Piety
and
Godlinesse
that
doth
justifie
and
professe
their
adherence
to
all
the
Acts
of
that
Assembly
as
things
tending
to
Edification
,
and
promoving
the
work
of
Reformation
in
the
Land
;
and
seeing
he
is
pleased
to
make
bold
with
others
,
I
think
he
will
not
offend
if
I
appeal
his
Conscience
,
whether
he
thinks
these
Acts
of
that
Assembly
that
do
relate
to
the
censuring
of
all
Ministers
,
Expectants
,
Students
,
Elders
and
Professors
who
do
not
acknowledge
the
Constitution
of
that
Assembly
,
and
submit
to
the
Acts
thereof
,
such
Acts
as
in
themselves
tend
to
the
furthering
of
the
work
of
Reformation
,
and
advancing
of
Piety
and
Godlinesse
in
the
Land
.
Next
,
I
take
notice
of
that
which
he
saith
,
that
supposing
as
the
Writer
doth
,
that
nothing
was
wrong
in
the
point
of
forme
,
that
there
is
nothing
in
the
matter
that
will
justifie
the
deed
of
the
Protesters
,
because
they
protested
against
the
lawfulnesse
of
the
Assembly
,
when
as
it
had
not
come
to
any
of
these
Proceedings
which
the
Writer
alleadgeth
to
be
wrong
on
the
matter
;
in
this
the
Author
is
mistaken
,
because
the
rejecting
of
relevant
exceptions
proponed
against
sundry
of
the
Commissioners
,
both
before
and
after
the
chosing
of
the
Moderator
was
wrong
on
the
matter
,
being
prejudiciall
to
the
right
Constitution
of
the
Assembly
,
and
a
preparative
to
the
justifying
of
the
Commissioners
Proceedings
.
Thirdly
I
would
have
him
to
know
that
the
Writer
by
these
some
,
whom
he
speaks
of
,
doth
not
mean
any
of
the
Protesters
themselves
,
though
the
Authority
of
some
of
them
be
of
as
great
weight
in
the
Protestant
Churches
as
any
of
the
Divines
of
this
age
,
and
being
prior
to
the
Protestation
,
needs
not
,
nor
ought
not
to
be
looked
upon
as
the
testimony
of
a
party
,
but
he
means
som
Orthodox
Writers
,
and
these
of
chief
,
not
in
the
Protestant
Churches
,
whom
(
as
I
conceive
)
he
thought
he
needed
not
to
name
,
as
having
no
great
purpose
to
insist
much
upon
the
businesse
:
But
for
the
Authors
satisfaction
,
and
the
satisfaction
of
others
,
I
shall
name
some
,
First
Calvin
writing
upon
the
23.
of
the
Acts
hath
these
words
,
Nascitur
quaestio
,
si
honore
non
est
privandus
qui
malè
officio
fungitur
,
peccavit
Paulus
Pontificem
honore
spolians
?
Responsio
.
Inter
Magistratus
Civiles
&
Ecclesiae
Praesules
aliquid
est
discriminis
,
quamvis
enim
Civilis
Imperii
confusa
sit
perversaque
administratio
,
Dominus
tamen
vult
subjectionem
salvam
munere
,
sed
ubi
spirituale
regimen
degenerat
,
solvuntur
piorum
conscientiae
ne
injustae
dominationi
pareant
;
praesertim
si
impii
Sacerdotii
titulum
,
falso
ad
evertendam
salutis
doctrinam
praetexant
,
sibique
dominationem
arrogant
qua
ipse
Deus
in
ordinem
cogitur
.
And
Paraeus
upon
the
same
place
moves
the
same
Question
,
and
gives
Answer
to
it
in
these
words
;
Non
sequitur
à
Magistratu
Politico
ad
Ecclesiasticum
,
quia
magna
est
dissimilitudo
,
magistratus
politicus
potest
esse
magistratus
;
quamvis
sit
impius
ideoque
ei
obtemperandum
quoad
non
praecipit
quid
impium
;
sed
Ministri
Ecclesiae
deficientes
à
puritate
doctrinae
,
&
spargentet
falsa
dogmata
,
jam
non
amplius
sunt
Ministri
Christi
;
Paulus
Magistratum
quamvis
impium
agnoscit
pro
Magistratu
;
Impium
vero
pontificem
non
agnoscit
pro
pontifice
.
He
will
also
finde
moe
writing
upon
that
place
speaking
to
the
same
purpose
:
as
also
upon
the
2.
Cor.
10.8
.
and
13.8
.
and
10.
It
is
not
now
my
purpose
to
fall
upon
the
consideration
of
the
extent
of
the
meaning
of
those
Divines
in
these
places
,
it
is
enough
that
I
give
him
their
testimonies
speaking
as
much
clearly
as
the
Writer
said
they
did
.
4.
I
doubt
if
for
any
thing
that
is
said
by
the
Author
,
this
exception
will
be
found
so
dangerous
and
〈…〉
:
First
,
He
thinks
that
it
is
to
open
a
wide
gap
to
confusion
,
inferring
that
absurd
consequence
that
that
Assembly
is
not
compleatly
constitute
in
the
being
of
an
Assembly
,
till
all
the
Acts
of
it
be
concluded
and
ended
;
and
that
till
it
be
concluded
,
no
man
can
acknowledge
nor
submit
to
it
,
but
with
a
reserve
.
The
reason
of
this
consequence
must
be
,
because
haply
in
the
close
they
may
make
an
Act
wrong
upon
the
matter
,
which
one
Act
nullifies
the
Assembly
,
though
they
had
done
all
other
things
well
,
but
so
said
not
the
Writer
,
neither
can
any
such
thing
rationally
be
gathered
from
his
words
;
the
most
that
he
insinuates
i●
,
that
an
Assembly
proceeding
wholly
wrong
upon
the
matter
,
or
in
the
most
substantiall
and
materiall
things
,
or
in
the
rules
of
its
constitutions
of
greatest
concernment
,
or
as
that
so
far
as
an
Assembly
proceeds
wrong
upon
the
matter
,
it
is
so
far
without
authority
,
as
appears
from
his
own
words
in
the
inference
which
he
makes
from
the
power
which
the
Commissioners
have
committed
unto
them
by
their
Presbyteries
,
and
from
the
Conclusion
that
he
makes
in
order
to
the
Assembly
now
in
question
,
to
wit
,
That
they
having
in
most
of
all
,
and
the
most
material
of
their
proceeding
proceeded
contrary
to
the
trust
committed
unto
them
by
Presbyteries
;
It
furnisheth
another
considerable
reason
for
declining
of
them
.
Secondly
,
He
thinks
that
it
will
also
infer
the
nullity
of
Presbyteries
,
and
make
Ministers
no
Ministers
,
if
they
shall
proceed
wrong
upon
the
matter
,
which
no
man
will
not
see
to
be
contrary
to
the
practice
of
Christ
and
his
Apostles
,
in
relation
to
the
Priests
and
Church-Judicatories
among
the
Jewes
whilst
they
were
a
Church
.
But
to
say
nothing
of
the
difference
between
Ministers
,
Parliaments
,
and
Assemblies
,
the
one
being
ordinary
and
fixed
;
the
other
not
so
,
the
most
that
it
would
infer
would
be
this
,
That
in
so
far
as
they
proceed
wrong
,
or
that
if
in
the
most
substantiall
and
materiall
parts
of
their
duty
,
they
proceed
wrong
upon
the
matter
,
their
authority
is
not
to
be
acknowledged
,
and
this
seems
not
a
very
dangerous
consequence
.
Thirdly
,
He
thinks
this
contrary
to
the
judgment
of
the
Assembly
of
Glasgow
,
concerning
which
he
thinks
it
remarkable
,
that
in
declaring
the
nullity
of
some
preceding
Assemblies
,
they
do
never
take
an
Argument
from
the
matter
to
prove
the
nullity
of
them
,
whilst
yet
(
saith
he
)
there
was
very
fair
occasion
to
have
done
it
,
if
that
the
Assembly
had
been
in
the
Writers
mind
.
The
Writer
hath
not
yet
positively
declared
his
mind
in
this
matter
:
But
the
Author
upon
second
thoughts
will
find
his
remark
concerning
the
Assembly
of
Glasgow
not
well
grounded
,
because
that
Assembly
in
proving
the
nullity
of
some
preceding
Assemblies
,
do
reason
not
only
from
the
form
,
but
also
from
the
matter
or
grounds
of
their
proceeding
in
their
Acts
,
as
appears
in
the
last
reason
brought
for
nullifying
the
Assembly
at
Pearth
,
which
is
this
,
That
the
ground
of
their
proceeding
was
not
the
Word
of
God
,
the
Confession
of
Faith
,
and
Acts
of
former
Generall
Assemblies
,
but
the
Kings
Commandment
onely
.
For
the
question
was
thus
stated
,
whether
the
Five
Articles
in
respect
of
his
Majesties
Commandment
should
pass
in
Act
or
not
,
as
the
Records
of
that
pretended
Assembly
bear
,
where
it
is
declared
;
That
for
the
reverence
and
respect
which
they
bear
to
his
Majesties
Royal
Command
,
they
do
agree
to
the
foresaid
Articles
.
And
that
the
Church
of
Scotland
had
respect
to
the
matter
as
well
as
to
the
form
,
in
annulling
these
Assemblies
,
is
manifest
from
that
notable
Act
at
Edinburgh
,
in
the
year
1639.
concerning
the
causes
and
remedies
of
the
bygone
evils
of
this
Kirk
,
in
which
the
fifth
Cause
is
declared
to
be
the
keeping
and
authorizing
corrupt
Assemblies
at
Lithgow
1606
and
16●8
;
at
Glasgow
,
1610
;
at
Aberdeen
1616
;
at
St.
Andrews
2617
;
at
Pearth
1618
;
which
Assemblies
are
declared
to
be
null
and
unlawfull
,
as
being
called
and
constituted
quite
contrary
to
the
Order
and
constitutions
of
this
Kirk
,
received
and
practised
eversince
the
Reformation
of
Religion
,
and
withall
labouring
to
induce
Novations
in
this
Church
,
against
the
order
and
Religion
established
.
Whence
it
appears
,
that
either
the
Author
hath
not
known
,
or
else
hath
not
considered
,
that
this
Kirk
hath
laid
weight
upon
the
matter
for
nullifying
of
these
Assemblies
,
as
well
as
upon
the
form
;
and
(
I
believe
)
Orthodox
Divines
arguing
against
corrupt
counsels
,
do
the
same
;
any
who
doubt
it
,
may
be
pleased
to
read
that
learned
Review
of
the
Councell
of
Trent
,
and
that
Book
of
the
Gravamina
against
the
Councell
of
Trent
,
in
the
last
of
which
it
is
first
proven
by
many
instances
that
many
Councels
both
of
old
and
late
have
erred
,
and
from
thence
that
conclusion
is
inferred
;
Ergo
necessario
ex
hoc
consequitur
illud
Concilium
tantum
recte
dici
&
esse
Christianum
,
in
quo
ex
verbo
Dei
&
non
ex
hominum
traditionibus
,
constitutionibus
,
decretis
,
somniis
,
aut
ulla
denique
quantumvis
inveteratâ
consuetudine
,
res
religionis
judicetur
atque
determinetur
,
quamvis
magni
in
eo
intersint
viri
.
Etenim
externam
illam
speciem
authoritatis
sapientiae
humanae
excellentiae
&
sanctimoniae
detestatur
&
rejicit
Propheta
inquiens
,
Quomodo
dicitis
,
sapientes
sumus
,
&
lex
Domini
apud
nos
est
,
attamen
ecce
mendacium
operatus
est
stylus
,
falso
&
frustra
scripserunt
Scribae
,
pudefacti
sunt
sapientes
perterriti
&
capti
sunt
,
ecce
verbum
Domini
reprobaverunt
,
quae
ergo
illis
sapientia
reliqua
esse
poterit
,
Jer.
8.
Which
words
are
applyed
at
length
to
the
Councel
of
Trent
,
&
the
whole
purpose
closed
thus
;
atque
ex
his
quae
de
Christianorum
Conciliorum
proprietatibus
breviter
diximus
hactenus
planum
fit
&
irrefragabiliter
efficitur
Pontificiam
Synodū
quae
Tridentî
habetur
,
&
nunc
prope
finita
existimatur
neque
generalis
vel
universalis
,
neque
liberi
nec
etiam
Christiani
concilii
nomine
dignam
esse
,
a●que
adeo
Concilii
nomine
prorsus
indignam
,
juxta
regulam
communem
&
vulgo
tritissimam
,
Si
re
priveris
nec
nomen
habere
mereris
,
&
quid
opus
est
multis
conjecturis
in
re
plena
&
aperta
cum
ipsa
forma
procedendi
qua
utuntur
&
Sessiones
quas
vocant
,
&
quae
ex
his
consequutae
sunt
determinationes
Canones
&
decreta
manifestissime
doceant
quam
dissimilis
sit
Tridentina
illa
congregatio
,
pro
libero
&
Christiano
Concilio
,
opus
ipsum
,
artificem
quod
dicitur
arguit
,
exitus
etiam
acta
probabit
.
These
passages
and
many
such
which
may
be
cited
from
the
Writings
of
Orthodox
Divines
make
it
appear
,
that
they
lay
weight
upon
the
matter
as
to
the
nullifying
of
Councels
.
To
that
part
of
the
Authors
Reply
which
concerns
the
reasons
brought
by
the
Writer
,
to
wit
,
that
Kirk-Judicatories
have
no
power
for
destruction
,
but
that
all
their
power
is
for
edification
,
and
that
whatsoever
power
the
Commissioners
of
a
Generall
Assemblie
have
,
it
is
by
Commission
from
their
Presbyteries
;
which
Commission
limits
them
to
the
Word
of
God
,
and
to
the
Covenant
;
and
to
Acts
of
former
Generall
Assemblies
.
I
answer
these
few
things
:
First
,
That
he
layes
more
upon
the
Writer
,
than
the
Writer
doth
assert
or
insinuate
either
as
his
own
judgment
,
or
the
judgment
of
others
,
he
hath
neither
said
nor
insinuate
,
that
the
making
of
some
wrong
Acts
,
doth
make
an
Assembly
null
;
Neither
do
I
think
that
he
would
say
or
insinuate
any
thing
of
this
kind
;
he
did
as
little
deny
the
authority
of
the
Parliament
48
,
as
any
other
.
But
if
there
be
no
difference
between
the
Assembly
and
the
Parliament
in
these
cases
,
and
that
no
reason
can
be
given
why
it
should
not
have
place
in
relation
to
the
one
as
well
as
to
the
other
,
I
shall
desire
him
to
reconcile
his
judgment
with
Calvin
his
Aliquid
Discriminis
,
and
with
Pareus
his
Magna
Dissimilitudo
.
The
Author
knowes
that
the
Civill
Power
is
Architectonick
and
Despotick
;
the
Ecclesiastick
but
Hyperetick
or
Diaconick
;
the
one
Lordly
,
the
other
but
stewardly
and
meerly
Ministeriall
.
The
other
reason
(
if
we
may
believe
the
Author
)
is
never
a
whit
nearer
to
the
purpose
then
the
former
;
for
(
such
he
)
to
let
pass
what
he
saith
in
the
antecedent
.
That
what
ever
power
Commissioners
of
a
Gen.
Assembly
have
,
it
is
by
Commission
,
&c.
which
deserves
examination
,
and
if
he
mean
that
Commissioners
sitting
together
,
and
voting
in
a
Generall
Assembly
,
have
only
a
delegated
and
deputed
power
subordinate
to
Presbyteries
,
can
hardly
be
reconciled
with
sound
doctrine
concerning
Church-Government
,
yet
supposing
it
to
be
so
,
no
more
followes
,
but
that
in
such
Acts
as
the
Assembly
makes
contrary
to
the
limitations
and
rules
contained
therein
,
they
may
get
no
obedience
,
and
that
such
Acts
may
be
declined
and
protested
against
,
&c.
The
Author
doth
here
grant
,
that
the
Writer
infers
no
more
but
this
much
,
forgetting
(
as
he
saith
)
in
so
short
bounds
what
he
intended
to
prove
.
It
will
be
hard
to
make
it
appear
that
the
Writer
did
intend
to
prove
any
more
:
The
Author
may
strain
that
indefinite
expression
of
his
,
an
Assembly
proceeding
wrong
upon
the
matter
,
as
though
he
had
meant
,
that
the
least
wrong
Act
in
the
least
thing
,
did
make
an
Assembly
null
,
though
to
the
constitution
and
Acts
of
it
in
all
things
else
it
were
never
so
right
:
But
so
absurd
an
assertion
can
hardly
be
supposed
to
have
entred
in
the
thoughts
of
any
rationall
mau
;
and
I
think
it
is
clear
from
the
reason
,
that
he
bring
,
that
this
is
not
his
meaning
,
because
he
says
that
Church-Judicatories
have
no
power
to
destruction
,
but
all
their
power
is
to
edification
;
in
these
things
then
in
which
they
imploy
their
power
to
edification
,
and
make
right
Acts
(
having
other
necessary
requisites
of
lawfull
constitution
)
they
are
not
null
,
nor
to
be
declined
.
The
Author
in
repeating
that
reason
tells
us
,
that
that
which
is
said
by
the
Writer
,
to
wit
,
What
ever
power
Commissioners
of
a
Generall
Assembly
have
,
it
is
by
Commission
from
the
Presbyteries
,
doth
deserve
examination
;
I
wish
he
had
also
told
us
what
stumbles
him
in
this
;
as
for
that
which
he
suspects
to
be
the
Writers
meaning
,
that
Commissioners
sitting
together
,
and
voting
in
a
Generall
Assembly
,
have
onely
a
delegated
and
deputed
power
subordinate
to
Presbyteries
,
there
is
no
cause
to
suspect
him
of
such
a
meaning
,
as
that
there
being
nothing
in
his
words
that
look
that
way
.
I
also
wish
,
that
the
Author
in
repeating
of
the
Writers
Argument
had
made
mention
not
onely
of
limitations
and
rules
in
generall
contained
in
the
Commission
of
the
Presbyteries
,
but
of
the
particular
limitations
and
rules
specified
by
the
Writer
,
that
is
,
the
Word
of
God
,
the
Covenant
,
and
Acts
of
former
Generall
Assemblies
,
because
it
is
not
upon
the
breach
of
limitations
and
rules
simply
,
but
upon
the
breach
of
these
limitations
and
rules
set
down
in
their
Commission
that
the
Writer
layes
weight
.
The
Authors
similitude
of
the
Parl.
and
Ass.
is
answered
already
,
and
shewn
what
maybe
conceived
by
some
,
why
the
paralel
holds
no●
,
though
as
to
this
point
,
the
difference
betwixt
him
and
the
Writer
,
seems
not
to
be
so
wide
as
he
would
give
out
.
His
conclusion
is
,
That
he
hopes
that
by
what
hath
been
said
,
that
it
is
sufficiently
evidenced
,
that
the
Writer
hath
brought
no
considerable
reason
for
the
nullity
of
the
late
Assembly
,
even
supposing
sundry
of
the
Acts
and
Constitutions
thereof
were
wrong
upon
the
matter
,
he
should
have
said
,
supposing
the
most
of
all
its
Acts
,
and
the
most
materiall
of
them
to
be
wrong
upon
the
matter
,
for
so
it
was
supposed
and
affirmed
by
the
Writer
,
and
upon
the
supposall
the
Author
should
have
told
his
judgment
upon
the
point
:
The
reason
may
be
considerable
enough
,
and
such
as
brings
no
disadvantage
ether
to
the
Writer
or
to
the
Protestation
,
for
any
thing
that
is
yet
said
by
him
for
infringing
thereof
;
yea
,
I
wil
assure
him
that
it
is
most
considerable
&
weighty
in
the
hearts
of
most
part
of
the
godly
in
the
Land
,
who
do
not
stand
so
much
to
dispute
and
debate
Legal
forms
,
as
they
do
look
to
Acts
of
the
Assembly
,
and
to
what
good
or
what
ill
is
done
by
them
for
promoving
or
hindering
the
Kingdome
of
Jesus
Christ
,
and
the
good
of
souls
,
where
they
see
not
godlinesse
advanced
,
and
the
hands
of
the
godly
strengthened
,
and
their
hearts
made
glad
;
but
a
wound
given
to
Piety
,
and
the
hands
of
the
wicked
strengthened
,
and
their
hearts
made
glad
;
it
is
not
externa
species
autoritatis
,
to
use
the
words
cited
before
,
nor
any
thing
that
is
in
that
,
or
can
be
said
for
it
that
will
conciliat
respect
and
authority
to
Assemblies
in
mens
consciences
;
and
if
there
were
no
more
in
the
late
Assembly
at
S.
Andrews
and
Dundee
,
but
the
loosing
of
authority
in
the
consciences
of
the
godly
in
the
Land
by
th●i●
wrong
Acts
,
it
is
that
which
concerns
the
Author
and
others
who
had
hand
in
these
Acts
,
exceedingly
to
think
upon
.
VINDICATION
.
THe
other
passage
we
would
speak
a
word
to
,
is
his
Answer
to
the
last
Objection
:
He
saith
,
To
make
an
Act
appointing
such
as
decline
a
Generall
Assembly
,
to
be
summarly
excommunicate
,
were
either
to
suppose
that
a
Generall
Assembly
could
not
be
wrong
constitute
,
or
could
not
erre
in
their
proceedings
,
or
else
suppose
they
should
be
wrong
constitute
,
and
erre
,
yet
they
ought
not
to
be
declined
and
prote●ted
against
:
both
of
which
are
equally
absurd
.
There
he
saith
,
That
the
Act
of
the
Assembly
1582.
alleadged
for
that
purpose
,
is
grosly
mistaken
,
it
being
nothing
against
declining
unlawful
Assemblies
(
he
is
as
grosly
mistaken
,
while
he
insinuateth
,
that
such
as
speak
for
the
late
Assembly
,
do
mean
that
such
an
Act
should
be
against
declining
any
Assembly
lawfull
or
unlawfull
〈◊〉
but
against
appealing
from
a
lawfull
Assembly
to
the
Civill
Magistrate
,
and
then
closeth
,
that
from
these
things
it
may
appear
how
unwarrantable
the
Meeting
at
Dundee
(
it
must
be
still
for
ought
he
hath
alleadged
,
the
General
Assembly
at
Dundee
)
did
upon
alleadgiance
of
this
Act
,
fall
in
debate
of
the
summary
excommunication
of
these
who
had
protested
.
Any
debate
that
was
in
the
Assembly
,
was
no
great
or
long
debate
upon
that
matter
,
and
it
was
not
so
much
out
of
any
purpose
or
desire
to
do
it
,
as
to
finde
out
what
they
might
have
done
by
the
Constitutions
of
this
Kirk
,
if
they
would
have
minded
severity
of
censure
;
neither
was
it
that
Act
of
Assembly
1582.
so
much
that
they
looked
to
,
as
the
Authority
of
the
solemn
Assembly
of
Glasgow
1638.
which
in
the
sentence
of
Excommunication
against
the
pretended
Bishops
,
and
making
there
protesting
and
declining
of
that
Assembly
,
one
of
the
causes
of
their
excommunication
,
which
by
the
acts
of
Assembly
is
censurable
with
summary
excommunication
(
whether
it
doth
mean
that
act
1582
,
or
some
others
,
could
not
be
gotten
tryed
at
Dundee
for
want
of
the
Registers
then
in
the
Basse
;
but
such
respect
was
had
to
the
authority
of
that
grave
Assembly
,
that
the
truth
of
the
relation
made
by
it
was
not
questioned
)
so
that
all
the
absurdities
alleadged
here
by
the
Writter
,
strikes
as
wel
against
that
Assembly
,
as
against
any
man
that
alleadgeth
such
an
act
;
and
the
Assembly
at
Dundee
supposing
themselves
to
be
a
free
lawfull
Generall
Assembly
,
alleadged
no
other
ground
in
falling
upon
debate
of
that
matter
then
which
the
Assembly
of
Glasgow
alledged
(
and
the
Assembly
of
Glasgow
saith
,
there
hath
been
such
an
act
made
)
by
a
Dilemma
,
he
is
in
a
great
mistake
himself
,
for
considering
that
the
act
appointing
such
to
be
summarily
excommunicate
,
who
&c.
is
intended
onely
against
protesting
against
,
and
declining
of
a
General
Assembly
,
not
in
any
particular
act
or
acts
thereof
(
which
we
confess
may
be
protested
against
)
but
against
the
very
being
of
it
as
null
in
it self
,
and
having
no
authority
,
there
is
no
necessity
either
of
the
one
supposition
,
or
of
the
other
following
upon
it
,
not
of
the
later
;
for
the
act
we
speak
of
saith
,
that
decliners
of
a
Generall
Assembly
should
be
excommunicate
,
but
an
Assembly
wrong
constitute
and
erring
both
,
or
only
wrong
constitute
,
is
no
otherwise
an
Assembly
,
then
a
painted
man
is
a
man
:
nor
yet
the
former
,
for
I
shal
give
you
a
third
,
it
supposeth
a
Generall
Assembly
rightly
constitute
and
not
erring
de
facto
,
though
not
altogether
infallible
in
it self
,
or
rightly
constitute
in
all
things
belonging
to
the
being
of
a
free
and
lawfull
Assembly
,
though
it
may
be
erring
in
some
particular
Acts
,
and
ordains
excommunication
to
be
the
censure
of
these
that
declineth
and
protesteth
against
such
an
Assembly
,
I
mean
as
to
the
very
being
of
it
.
Truly
this
dilemmatick
argument
of
the
Writers
have
been
made
aswell
against
that
Act
made
by
Jesus
Christ
,
Math.
18.17
.
He
that
neglecteth
to
hear
the
Church
,
let
him
be
as
an
heathen
or
publican
,
id
est
,
Excommunicate
:
For
,
I
suppose
this
canon
,
comprehends
not
onely
such
persons
as
having
offended
against
particular
Brethren
comes
by
degrees
of
processe
before
the
Church
,
but
also
such
as
should
offend
onely
immediatly
against
that
Church
it self
.
2.
It
is
propounded
in
generall
termes
without
any
express
distinction
or
limitation
;
he
that
neglects
to
hear
the
Church
let
him
be
excommunicate
;
Just
as
this
,
he
that
declines
a
Gen.
Assemgly
,
let
him
be
excommunicate
:
Might
not
then
those
that
heard
that
canon
first
propounded
,
reason
it
just
as
the
Writer
doth
here
(
if
his
argument
were
good
)
to
make
such
an
one
as
that
is
unreasonable
:
For
it
were
to
suppose
either
that
a
Church
cannot
be
corruptly
constitute
,
and
did
erre
,
yet
that
it
ought
not
to
be
disobeyed
or
declined
,
but
the
argument
had
been
a
Cavillation
;
for
neither
did
follow
necessarily
to
be
supposed
,
there
was
a
third
,
a
Church
univocally
so
called
,
id
est
,
a
Church
right
constitute
,
and
doing
dutie
though
not
unerrable
in
it self
.
REVIEW
.
THe
first
thing
the
Author
takes
notice
of
in
his
Answer
to
this
Objection
,
is
that
which
is
said
by
the
Writer
,
that
the
Act
of
the
Assembly
1582.
alleadged
for
the
summary
excommunication
of
these
who
decline
the
Gen.
Assembly
is
grosly
mistaken
,
it
being
nothing
against
declining
lawful
or
unlawful
Assemblies
,
to
which
he
retorts
that
the
Writer
is
as
grossely
mistaken
,
whilest
he
insinuats
that
such
as
speak
for
the
late
Assemdo
mean
that
such
an
Act
should
be
against
declining
any
Assem
.
null
or
unlawfull
.
Wel
then
,
supposing
the
Writer
to
have
been
grosly
mistaken
in
the
writing
of
such
a
thing
,
and
that
a
wrong
constitute
and
erring
Assembly
,
or
onely
wrong
constituted
,
is
no
otherways
an
Assem
.
then
as
a
painted
man
is
a
man
(
as
the
Author
speaks
)
afterwards
,
and
that
the
Assem
.
at
St.
Andrews
&
Dundee
is
but
an
unlawful
Assembly
,
wrong
in
the
Constitution
(
as
is
proven
)
and
erring
in
its
Acts
,
then
might
it
warrantably
have
been
declined
and
protested
against
,
notwithstanding
of
that
Act
1582.
or
that
Act
1638
or
any
other
act
of
any
of
the
Assemblies
of
this
Kirk
,
as
the
six
corrupt
Assemblies
upon
the
same
reasons
,
upon
which
they
were
afterward
repealed
,
might
in
the
time
when
they
were
sitting
have
been
warrantably
protested
against
,
as
some
other
Assemblies
which
are
instanced
by
the
Writer
,
and
past
by
the
Author
in
silence
were
protested
against
;
and
so
all
the
debate
that
was
in
the
Meeting
at
Dundee
for
making
use
of
these
Acts
against
the
Protesters
,
was
groundlesse
and
without
warrant
:
But
the
Writer
is
not
so
grosly
mistaken
as
the
Author
gives
out
,
because
it
hath
past
current
,
and
doth
still
stick
with
not
a
few
,
that
the
Acts
of
a
Generall
Assembly
could
not
be
protested
against
,
much
lesse
the
Constitution
thereof
,
though
culpable
and
wrong
,
and
the
Author
himself
seems
to
come
near
the
borders
of
it
:
That
an
Assembly
cannot
be
well
protested
against
in
regard
of
its
constitution
though
wrong
,
when
in
the
same
Vindication
where
he
comes
to
weigh
the
reasons
whereupon
the
Protestation
is
built
,
he
saith
,
That
where
a
Generall
Assembly
it self
is
protested
against
as
unlawfull
,
and
having
no
authority
,
who
sees
not
how
sad
the
consequences
most
readily
be
in
that
Kirk
,
hardly
can
it
by
any
outward
meanes
but
turn
to
a
fixed
schisme
,
which
thing
godly
orthodox
Christians
in
all
ages
of
the
Kirk
have
detested
and
abhorred
,
choosing
rather
ever
to
tolerate
great
offences
which
they
did
see
,
but
could
not
amend
,
then
to
divide
the
Church
of
Christ
:
I
know
that
he
may
say
that
he
means
not
here
of
an
Assembly
wrong
in
its
constitution
;
but
if
so
,
what
commodious
sense
in
reference
to
that
which
he
is
speaking
of
,
to
wit
,
protesting
against
a
Gen.
Assembly
will
he
put
upon
the
rest
of
his
words
,
concerning
godly
mens
tolerating
great
offences
,
rather
then
to
divide
the
Church
,
an
Assembly
right
in
its
constitution
is
no
offence
,
much
lesse
a
great
offence
.
He
doth
not
deny
that
there
was
a
debate
at
the
Assembly
at
Dundee
,
concerning
the
summary
excommunication
of
these
who
had
protested
,
but
tels
us
that
it
was
not
great
nor
long
(
If
some
who
were
present
may
be
believed
)
it
was
prosecuted
by
sundry
with
a
great
deal
of
earnestnesse
and
forwardnesse
,
and
though
the
Author
(
if
I
mistake
him
not
)
was
none
of
the
prosecuters
of
it
;
yet
it
seems
by
his
Vindication
that
his
judgement
is
,
That
they
might
not
onely
have
debated
it
,
but
also
have
done
it
by
the
constitutions
of
this
Kirk
,
if
they
would
have
minded
severity
of
censure
,
but
it
would
have
contribute
somewhat
for
clearing
of
the
Assembly
in
that
debate
,
and
for
satisfying
of
others
anent
his
judgement
upon
the
point
,
if
he
had
brought
any
act
or
constitution
of
this
Kirk
,
that
would
have
born
the
weight
of
summary
excommunication
against
the
Protesters
,
for
the
Writer
hath
made
it
clearly
to
appear
that
neither
the
act
1582.
nor
the
act
1638.
doth
at
all
meet
with
the
Protesters
case
,
and
the
Author
hath
replyed
nothing
to
the
differences
of
the
cases
,
and
therefore
they
may
be
still
taken
as
granted
,
what
act
the
meeting
at
Dundee
did
in
their
debate
look
unto
,
whether
that
of
82
or
that
of
38.
themselves
best
know
,
but
if
it
was
the
Act
of
the
Assembly
at
Glasgow
(
as
the
Author
saith
)
upon
which
they
had
their
eye
,
the
Writer
hath
shewed
how
that
could
not
with
any
shadow
of
reason
be
applyed
to
this
case
.
The
dedeclinator
of
the
Bishops
38.
striking
at
the
essentiall
constitution
of
the
Government
,
and
against
the
rule
it self
;
and
that
of
the
Protesters
acknowledging
the
government
and
the
rule
,
and
protesting
onely
against
the
constitution
,
because
not
agreeable
to
the
rule
.
It
seems
that
all
that
they
had
their
eyes
upon
was
,
that
they
found
in
the
act
of
Glasgow
,
that
protesting
against
,
and
declining
of
the
Assembly
was
by
the
acts
of
this
Kirk
censurable
with
summary
excommunication
,
but
should
they
not
have
found
what
the
acts
were
,
and
whether
they
were
applicable
to
the
present
case
:
The
Author
grants
that
it
could
not
be
gotten
tryed
whether
it
doth
mean
1582.
or
some
others
for
want
of
the
Registers
,
which
were
then
in
the
Bass
;
I
shall
not
say
that
this
is
some
evidence
that
the
members
of
that
meeting
were
not
very
well
acquainted
with
the
acts
of
the
Assemblies
of
this
Church
,
and
that
it
had
not
been
much
amiss
for
them
to
have
read
and
perused
these
acts
of
Assemblies
which
were
offered
unto
them
a
little
after
their
down
sitting
under
their
Clerks
hand
,
concerning
the
Publick
Resolutions
:
If
my
information
fail
me
not
,
a
good
part
of
the
Registers
,
particularly
the
great
Book
of
the
old
acts
of
the
Assemblies
,
in
which
that
act
of
the
Assembly
1582.
is
insert
,
was
then
in
Dundee
,
in
the
hand
of
their
then
Clerk
,
who
took
some
pains
to
find
out
that
act
,
but
could
not
fall
upon
it
:
It
may
haply
seem
strange
to
some
,
that
because
they
found
these
words
which
(
to
wit
,
declining
and
Protesting
against
the
Assembly
)
by
the
Acts
of
the
Assembly
is
censurable
with
summary
excommunication
in
an
act
of
an
Assembly
at
Glasgow
,
that
they
will
have
such
respects
there
to
,
without
looking
upon
these
acts
,
or
considering
their
grounds
,
or
extent
,
thence
to
infer
that
these
acts
were
applicaple
to
this
case
;
this
were
to
defer
more
respect
to
the
authority
of
that
grave
Assembly
then
was
fit
,
or
they
themselves
would
have
taken
with
,
if
they
had
been
sitting
;
for
they
did
nothing
without
viewing
and
perusing
the
Registers
themselves
,
and
proving
and
clearing
every
thing
thereby
,
that
they
did
alleadge
therefrom
,
which
Vindicates
that
Assembly
sufficiently
from
the
absurdities
here
alleadged
by
the
Writer
against
these
who
alleadged
such
an
act
.
The
Author
thinks
that
the
Writer
is
in
a
great
mistake
in
his
dilemma
,
but
let
us
see
what
his
mistake
is
:
The
writer
answering
a
common
alleadgance
,
that
there
is
an
act
of
a
Gen.
Assembly
appointing
such
as
decline
the
Assembly
to
be
summarily
excommunicated
,
denyes
that
ever
the
Church
in
any
of
her
Assemblies
made
any
such
act
in
so
generall
and
unlimited
termes
;
and
he
gives
this
for
a
reason
of
his
denyall
,
that
from
hence
it
will
follow
,
either
that
they
thought
that
an
Assembly
could
not
be
wrong
in
its
constitutions
,
and
could
not
erre
,
or
else
that
though
wrong
in
constitution
,
or
erring
,
that
they
could
not
be
protested
against
;
both
which
he
saith
is
absurd
:
To
this
the
Author
answers
,
that
considering
that
the
act
appointing
such
to
be
summarily
excommunicated
,
is
intended
only
against
protesting
against
,
and
declining
of
a
Generall
Assembly
,
not
in
any
particular
acts
or
act
thereof
which
he
confesses
may
be
Protested
against
,
but
against
the
very
being
of
it
,
as
null
in
it self
,
and
having
no
authority
;
there
is
no
necessity
either
of
the
one
supposition
or
of
the
other
following
upon
it
;
not
of
the
latter
,
&c.
But
first
to
passe
by
,
that
he
seemeth
in
all
this
debate
to
suppose
that
there
is
such
an
act
in
so
generall
and
unlimited
termes
which
I
believe
shall
not
be
found
,
nor
doth
the
words
of
the
act
of
the
Assembly
38.
say
or
suppose
any
such
thing
.
It
deserves
consideration
,
which
he
saith
,
that
that
act
concerning
the
excommunicating
such
as
protest
against
,
or
decline
an
Assembly
,
is
intended
onely
against
those
who
protest
against
the
being
of
an
Assembly
,
and
not
in
any
particular
act
or
acts
thereof
,
because
as
the
Writer
told
him
,
the
act
1582.
which
is
the
onely
,
act
relating
to
that
businesse
(
so
far
as
I
know
,
or
can
be
informed
by
these
who
take
most
pains
in
the
Records
of
the
Assemblies
)
is
not
anent
declining
Assemblies
,
in
their
being
and
constitution
,
but
against
appealing
from
lawfull
acts
of
lawful
Assemblies
to
the
Civill
Magistrate
in
Ecclesiastick
causes
,
for
stoping
of
Ecclesiastick
Discipline
.
Secondly
,
though
an
Assembly
wrong
constitute
and
erring
both
,
or
onely
wrong
constitute
be
no
otherwayes
an
Assembly
then
a
painted
man
is
a
man
,
that
it
is
not
really
or
truly
,
but
seemingly
only
,
yet
it
being
seemingly
an
Assembly
,
it
gets
ordinarily
and
in
common
expression
,
that
denomination
;
and
as
a
painted
man
drawen
by
the
hand
of
a
cunning
Painter
may
deceive
these
who
have
not
discerning
eyes
,
and
be
taken
for
a
true
man
,
so
an
Assembly
wrong
in
the
constitution
and
acts
,
or
in
the
constitution
onely
,
may
by
the
vermilion
of
fair
pretext
put
upon
it
passe
with
many
for
a
true
Assembly
;
yea
,
in
ordinary
way
of
expression
,
an
Assembly
which
hath
any
thing
of
the
colour
or
shadow
of
the
being
of
a
lawfull
and
right
proceeding
Assembly
is
called
an
Assembly
,
though
wrong
in
its
constitution
,
or
also
erring
in
its
acts
,
and
therefore
to
have
said
simply
in
an
act
,
that
decliners
of
a
Generall
Assembly
without
any
qualification
,
lawfull
,
or
unlawfull
,
erring
or
unerring
,
or
any
thing
in
the
act
insinuating
or
expressing
the
same
should
be
excommunicated
,
it
would
follow
,
that
though
an
Assembly
should
be
wrong
constitute
and
erre
in
its
Proceedings
,
yet
it
could
not
be
declined
.
As
to
the
third
,
to
passe
by
that
the
Generall
Assembly
at
St.
Andrews
and
Dundee
is
none
of
these
Assemblies
,
but
an
Assembly
wrong
both
in
its
constitutions
,
and
in
its
acts
,
The
Act
if
it
were
so
generall
as
that
cited
and
answered
by
the
Writer
,
it
would
suppose
more
then
any
of
these
,
to
wit
,
a
Generall
Assembly
which
is
onely
such
,
nomine
tenus
and
secundum
apparentiam
in
regard
of
its
constitution
,
and
a
Generall
Assembly
right
upon
the
constitution
,
and
erring
wholly
even
in
the
thing
of
greatest
consequence
upon
the
matter
;
as
to
this
simile
of
his
brought
from
the
words
of
Christ
,
Math.
18.
It
doth
not
hold
,
because
Christ
never
maintained
it
to
be
unlawfull
to
decline
any
Church
,
true
or
false
,
as
these
whom
the
Writer
speaks
of
in
his
objection
.
The
truth
is
,
that
the
Writer
meant
of
propounding
and
answering
that
objection
,
to
remove
a
gross
mistake
that
hath
been
ordinary
in
the
mouths
of
many
;
that
a
Generall
Assembly
could
not
be
declined
nor
protested
against
,
because
of
an
act
of
an
Assembly
appointing
such
to
be
summarily
excommunicate
which
in
the
common
construction
that
past
upon
it
was
so
expounded
,
that
whosoever
upon
whatsoever
ground
did
protest
against
a
Generall
Assembly
of
this
Church
,
or
any
of
the
acts
thereof
right
or
wrong
,
were
by
the
acts
of
the
Assembly
summarily
to
be
excommunicated
,
which
mistake
the
Writer
studieth
to
take
off
,
by
holding
torch
the
absurd
consequences
,
that
would
have
followed
upon
such
an
act
,
as
that
thereby
to
make
it
appear
that
there
is
no
such
act
in
so
absolute
and
il-limited
termes
as
will
reach
these
who
protest
against
Assemblies
wrong
in
their
constitution
,
or
also
erring
in
their
acts
,
and
this
being
gained
,
he
hath
all
that
he
did
intend
to
prove
and
hold
forth
in
this
particular
.
Conclusion
of
the
VINDICATION
.
HEre
I
leave
the
Writer
with
these
additionall
reasons
,
and
leaves
all
that
hath
been
said
hither
til
to
be
impartially
pondered
by
the
Christian
Reader
,
and
accordingly
judged
of
.
The
Father
of
Lights
give
unto
thee
,
and
all
his
servants
and
people
in
the
Land
,
Wisdome
,
even
that
which
is
from
above
,
pure
and
peaceable
.
REVIEW
.
THe
Author
hath
been
pleased
to
leave
the
Writer
here
with
his
additionall
reasons
,
and
other
things
contained
in
his
answers
to
Objections
;
but
if
some
of
good
judgment
be
not
mistaken
,
he
hath
done
it
to
the
disadvantage
of
his
cause
,
because
he
hath
left
him
with
many
things
that
were
brought
by
him
in
that
Paper
of
additionall
reasons
unanswered
,
I
shall
not
say
what
some
have
said
,
that
if
the
things
in
that
Paper
which
the
Author
hath
not
answered
hold
relevant
and
true
,
they
would
go
far
to
justifie
the
Protestation
,
and
annull
the
Assembly
,
albeit
all
his
answers
to
the
things
which
he
hath
taken
notice
of
had
not
been
satisfyingly
taken
off
;
but
I
confess
that
I
do
somewhat
wonder
that
the
Author
having
taken
so
much
pains
to
contend
with
no
small
earnestness
and
at
length
about
many
things
that
are
in
the
by
,
and
things
that
are
of
no
such
consequence
in
the
cause
,
should
yet
passe
in
silence
,
not
a
few
things
of
importance
contained
in
that
Paper
,
which
did
more
concern
him
to
have
answered
;
I
shal
say
no
more
,
but
wishes
the
Lord
graciously
to
appear
in
the
convincing
and
comfortable
determination
of
this
question
to
all
his
servants
and
people
in
this
poor
desolate
and
distracted
Church
,
that
our
bruise
which
is
sore
,
and
our
wound
which
is
incurable
may
be
bound
up
and
healed
by
his
hand
who
hath
smiten
us
in
his
wrath
,
because
of
the
multitude
of
our
iniquities
;
To
the
praise
and
glory
of
his
free
Grace
in
all
the
Churches
.
AMEN
.
FINIS
.