The Reasons of Appeal of Mr. Alexander Heriot Minister at Dalkeith, from the Synod of Midlothian, to the next Lawful General Assembly, And to their MAJESTIES Protection for Justice, and Relief in the mean time.

THERE being a Lybel given in to the Presbytery of Dalkeith against the said Mr. Alexander Heriot, and the Lybel bearing it to be given in in the Name of the Parochiners, the said Mr. Alexander Heriot and Parochiners compeared, and craved that the Ingivers of the Lybel might be condescended upon, and that they might owne and subscribe it; And that in re­gard that the said Heretors and Parochioners did not only Viva Voce, but by a Write under their Hands Disclaim and Disowne it except Alexander Calderwoode, and a few [...] popall. And albeit no Lybel ought to be admitted without a Pursuer; yet the Presbytery refused to condescend upon the Ingivers of the Lybel, or to ordain them to owne and subscribe it. Likeas, none had the confidence to owne it, except the said Alexander Calderwood, who sat among them as one of the Ruling Elders, and who is notourly known to be the said Mr. Alexander Heriot's declared Ene­my (althô without cause) and who invented and reported most false Calumnies against him, of which when he was challenged, his answer was, That whether they were true or false, he had thereupon taken two hundred of the Parochioners from his Communion; And a Declinator being given in against him as Informer and Promotter of the Lybel, which not only consisted in the knowledge of the Presbytery (who had no other Information but his) but which was likewayes offered to be proven be his Oath; yet notwithstanding thereof, against all Law, Reason, and good Order, the Presbytery would not remove him, but allowed him to sit as one of Mr Heriot's Judges, and appointed him one of the Examinators of the Witnesses: And he forgetting that sta­tion, informed and tampered with some of them, and threatned others, as to what they should de­pone; And the Witnesses being overawed and interrupted in their Examinations, and not allow­ed to declare the hail Truth in complext matters of Fact, whereby the Depositions may be lame and weak, and carry a quite contrary meaning of the Truth, of what the Witnesses offered to depone; And some of the Witnesses having desired that they might see and read their own De­positions before they subscribed them, the same was absolutely refused, with this Expostulation, What? do you distrust us? and do you question our Clerk's honesty? And thus they caused these Witnesses subscribe what was written, so that there may be left out the material parts of their De­positions, which cleared their Minister. And not only are there several Articles of the Lybel, which are not upon these Heads, to which the Trial of the Regular Clergy is restricted be Act of Parliament, and which are in themselves alterius fori, but likewayes there was an additional Lybel raised against the said Mr Alexander, and without any Citation given to him thereupon, or Coppy [Page 2] Sight or Notice given to him thereof; Witnesses are examined, then all which there can be no­thing in judicial Procedures more Partial, Pernicious, and Unjust. And Mr Alexander Herriot having appealled from the Presbytery to the General Assembly, the Presbytery notwithstanding thereof proceeded, and found the Lybel Relevant and Proven; and therefore, and in regard of Mr Heriot's Contumacy (as they termed his Appeal to the General Assembly, which sat in October last) they suspended him from the Ministry, and referred him for further Censure to the Gene­ral Assembly. But the General Assembly having found no Contumacy in the Appeal, they re­ferred him to the Synod. And now the said Mr Alexander does again Appeal from the Synod, and from any Sentence they shall give in this Matter, to the next lawful General Assembly, and in the mean time, to Their Majesties Protection for Justice and Relief. For thir Grounds and Reasons.

Primo, There being a Petition given in by the Heretors and Parochioners of Dalkeith to the Synod, attesting, the said Mr Alexander his Faithfulness in the Ministry, and his Innocency as to the things Lybelled against him; and craving, that according to the Act of Parliament, the Depo­sitions of the Witnesses might be made patent, that they might be the better Redargued; yet the Synod suffered not the said Petition to be read.

Secundo, The said Mr Alexander having represented to the Synod the foresaid Procedure of the Pres­bytery against him, and having craved that the Depositions of the Witnesses, might be read be­fore him, and that he might have a Coppie of the Aditional Lybel, which he had never seen; and that conform to the Act of Parliament, the Depositions of the Witnesses might be made pa­tent to him, to the end that he might have a Coppy thereof, to the effect he might the better clear himself, from any thing that may seem to be deponed against him; yet notwithstanding thereof, (and contrare to Law) the same was also refused by the Synod, and undoubtedly for this Reason, That the Probation was weak, and might not abide the Light nor Trial, for Veritas non quaerit Angulos.

Tertio, The said Mr Alexander represented to the Synod, That he was informed that one of the Articles deponed against him, was, That he should have danced about a Bonfire the 14 of Octo­ber 1688; And that the same was the only Article proven against him, which he instantly redar­gued, for the said 14 day of October 1688 fell upon a Sunday, and that the Witnesses and haill Inhabitants of Dalkeith cannot but declare, that there was never Bonfires at Dalkeith upon a Sunday, so that they deponed falsly. And the Dancing about a Bonfire being so publick an Act, that not only the Witnesses that have deponed it, but likewayes many others would have seen it, and all the Inhabitants of Dalkeith would have heard of it, if it had been true: Yet notwithstanding thereof, all the Neighbours to that Bonfire, and hail Inhabitants of Dalkeith will declare and depone, that they neither saw nor heard of their Minister dancing at that, or any other Bonfire; yet notwith­standing of that cl [...] Conviction, and redarguing of that [...], the Synod had no regard there­to, affirming that there was no help for it now, it being so deponed, which is no other thing than as if they had said, that they were not concerned thô it were false, for it was so deponed; and which is so consequential to a clear and positive Redarguing, and Improbation of the Article, and Probation thereof, that the prejudice and design of the Synod to proceed against the said Mr A­lexander upon whatever was alleadged, althô without Probation, or upon a Redargued Probation, is evidently manifest.

Quarto, The said Mr Alexander represented to the Synod, that he had formerly Appealled from the Presbytery, and that it was but too evident from what is above narrated, that they were his Party. And which was further demonstrate from this, That, the said Presbytery and Alex­ander Calderwood, did in face of the Synod not only interrupt the said Mr Alexander when he was speaking; but likewayes debated and reasoned against him as Parties, so that it could not but be expected, but that they would do more when he was removed out of the Synod, and therefore the said Mr Alexander declined the Presbytery, and Alexander Calderwood as his Judges, and craved that they might not fit to judge him; yet notwithstanding thereof, against all Law and Justice, they were not removed.

Quinto. Several Members of the Synod interrupted the said Mr. Alexander, while he was Vindi­cating himself, in the face of the Synod, and craving a sight of the Additional Lybel, and Depo­sition of the Witnesses; And cryed out, That the same should not be granted to him, as if every one of them had had a Decisive Voice, and which is without Example in any Judicatory, for any of the Judges to interrupt the Defenders speaking, and to cry out their Opinion, or rather Sentence, before the Defender be removed; And which openly discovers their Prejudice, Design and Re­solution of proceeding against the said Mr. Alexander, altho without just cause.

[Page 3] Sexto. The Prejudice and Design of the Synods proceeding against the said Mr. Alexander, on the said lame, weak, and null probation, is evident, in so far as several Members of their Number did speak and deall with him to demitt, or that otherwayes they would depose him. And there is no thing more certain, than that they would never have Dealt with him to demitt, if the Probation against him had been good; Their malice to the Regular Clergie being such, as that they would rather Depose them for Immoralities, and Errors in Doctrine to Publish them, than to suffer them to Demit, and get off without staine, when they are guilty of the same. But Mr. Alexander be­ing Conscious of his own Innocency refused to Demit, but rather to suffer there Extreamity, from which he hoped GOD in his good time would Vindicate him. And therefore it being evident from the Grounds forsaid, that the Synod has behaved themselves most partially, and against all Law and Forme: The said Mr. Alexander does therefore Protest against the Synods further Proceed­ing in the said Matter, and appeals from them, and from any sentence they shall give therein, to the next General Assemblies, And to their MAJESTIES Protection, for Justice, and Relief in the mean time; And Protests, That the said Lybels, and Witnesses Depositions taken thereupon, may be preserved, and not put out of the way, That so the same (and not Copies thereof) may be produced to the next General Assembly; Or to any their Majesties shall be pleased, out of their Royal Authority, to appoint to consider the same: And that as the said Mr. Alexander will pub­lish and disperse his Appeal, and his Answers to the first Lybel; Which he only did see for his own Vindication from any sentence that shall follow hereupon; So he expects, and earnestly Desires, that the said Synod may Print both the Lybels against him, and Depositions taken there­upon, for vindication of their Justice, (if they can conceive they have done right:) But which Mr. Alexander hopes will rather vindicate his Innocency. And further, Mr. Alexander Craves, and Protests, That this his Appeal may be insert in the Books of the Synod.

Notwithstanding of the Appeals foresaid, the Synod proceeded, and Deposed the said Mr. Alexander from his Ministrie, And thereupon the Eldership of the Parish was invaded, and some few, (severals of them scarce worth to be noticed as Residenters,) have usur­ped the power of electing Elders, and have elected many moe than the number formerly used, purposely as they think, to make the greater Figure; altho but of the most inconsiderable of the Paroch; And of Design to Call, Impose, and Obtrude a Minister upon the Rest against their will, contrare to the Laws of Charitie, Practices of Christian Churches, and profession of Presby­terians. Notwthstanding, that the said Mr Alexander Heriott his Appeal does preserve his Right, and keeps all in statu quo, the time of the Appeal, while it be discust.

Whereupon, not only the said Mr. Alexander Heriott, but likewise the Heritors and Parishoners of Dalkeith have given in a Petition to the Lords of their Majesties most Honourable Privy Council, That they may be pleased to discharge the Calling of a Minister while the Appeal be discust; And that in the mean time, he may be restored to the Exercise of his Ministrie. And that the Presbytrie of Dalkeith; And others havers of the Lybels given in against him, and De­positions of the Witnesses may make the same patent to him, as Law appoints; That he may know what is lybelled, or may seem to be proven, to the effect he may the better clear himself of the samen, which is nothing but false lyes and calumnies: And whereof severals of the Pres­byterian Ministers, who have seen the Lybels and Depositions; Affirm, that there is nothing pro­ven. But the dancing about the Bon-Fire, which is not only clearly redargued to be false as said is, there being no Bonfires either on the foresaid day, nor for several moneths either before or after; But likewise if the persons who have deponed it were known, and re-examined, it will be found, they have deponed falsly; And that they have been dealt with so to Depone; And that this Falshood may not be discovered, not only are the Depositions kept up, contrar to express Law and Act of Parliament; But likewise, no notice can be gotten who were the persons who have deponed it, that they may be insisted against.

Whereas it is pretended, That the Lords of their Majesties Privy Counsel, are not Judges com­petent to the sentences of Ecclesiastick Courts, and that as they cannot put in Ministers in Church­es, so they cannot meddle with sentences of Depositions. It is answered, 1 mo. That be the 1: Act 8 Parl: Ja: 6: It is Statute and Ordained, That his Majestie, and Council shall be Judges competent, To all Persons Spiritual and Temporal, in all matters. And to pretend, that the Council is not Judge competent to sentences of Ecclesiastick Courts, is no other then to affirm, That these Courts have an Arbitrary power, and may do wrong at their pleasure without Remeed or Controll. For it is evident, That Mr. Herriot is most unjustly pursued and Deposed. And it is also evident, that if it be not Re­dressed [Page 4] be the Council, he will never be Restored be those Ministers, who have dealt so unjustly with him.

And whereas, it is alleadged, That as the Council cannot put in Ministers, so they cannot meddle with Sentences of Deposition. It is answered, That the Council has not the power of Admission and Ordi­nation of Ministers. But if a Minister having a lawful Call, the Presbyterie should refuse to Ad­mit and Ordain him, albeit they have nothing to object against him, upon Application to the Council or Session, Letters will be direct to Charge the Prebyterie, to Admit and Ordain him; but multo magis in this case, where a Minister is deposed from his Ministrie; as likewise from his Benefice, (which is his Livelyhood and Maintenance) And yet most unjustly, and without Ground or Reason; The Council is the most propper Judge, for restoring him against the fore­said Oppression, Injury, and Unjust Sentence.

And for a farther evidence of this unjust Sentence, it is Humbly desired, that the LORDS of Their MAJESTIES Privy Council will be pleased to take notice, That in the first Lybel there are many Articles which are not Relevant; and it is said, that there is none of them proven, but the Dancing about the Bonfire: And yet the Presbytery by their Sentence, found the Lybel Relevant and Proven, which must be understood as to the hail Articles of the Lybel complexlie, then which there is nothing more false, as will appear by the Lybels and Depositions, if they were produced. And yet thereupon Mr Heriott is first suspended be the Presbytery, and referred be them to the General Assembly for farther Censure, as if great Immorralities in Life, and Errors in Doctrine, had been proven against him. And the Synod (to which the Assembly remitted him) following the steps of the Presbytery, deposed him. Now when Presbytery and Synod, have acted thus contrare to express Law, and have done open and manifest Unjustice; (and whereof all that heard of it are convinced and sensible) And having stated themselves Parties against him, there can be no Remedy expected from the said Unjustice, Injury, and Oppression, unless the Lords of Their Majesties Privy Council interpose their Authority.

If it be alleaged, That be the late Act of Parliament, The Act of Supremacy in Church mat­ters is Rescinded; It is Answered, That the Act of Parliament 1669 is Rescinded, which ex­tended the Supremacy to the Ordering and Disposal of the External Government and Policy of the Church, and to the Enacting of Constitutions, Acts, and Orders in the Church. But the foresaid Act of K: Ja. 6. his 8th Parliament, is not Rescinded, which is only as to the Judging of Ecclesiastick Persons in matters complained upon; And which power is inherent to the Crown, otherwayes there should be Regnum in Regno; And Church Judicatories should have Arbitrary power, with­out Redress or Controul, as said is.

And whereas, some Persons have strongly asserted, to the Lords of Their Majesties Privy Council and others. 1 mo. That Mr. Heriot was never re [...]u [...]ed a [...]ight of the Lybels and Depo­sitions, but that they were given him. 2 do. That the Presbytery and Alexander Calderwood were removed out of the Synod, upon Mr Heriot's Declinator against them. It is Answered, 1 mo. That he did many times, and with great earnestness, crave a sight of the Lybels and Depositions, both in the Assembly and Synod; which was refused as a hundred persons who heard him will wit­ness, & none of the Clerks of Assembly, Synod, or Presbytery (in whose hands and custody the Ly­bels and Depositions are) will dare to affirm that ever they were given to Mr Heriot to see. 2 do. Mr Heriot at his first appearance before the Synod, Declined the Presbytery and Alexander Calder­wood from being his Judges, they being his Parties: And before Mr Heriot gave in his Appeal, he was four times removed while the Synod considered the Defences, he made for himself; and none of the Synod can affirm, that the Presbytery and Alexander Calderwood were removed with him; but at his return after the several Removals, he found them alwayes present, and the said Alexander Calderwood: And several others of their number did in face of the Synod debate against him, when he made his Legal Defences: Which, the Synod having unjustly repelled; he there­upon Appealled, and immediately came away; so that there is nothing more certain, then that the Presbytery and Alexander Calderwood, sat as his Judges after Declinator. And it was upon these two grounds among the rest, that Mr Heriot Appealled from the Synod; Because they refused him a sight of the Lybel & Depositions, which Law allowed him; and that the Ptesbytery & Alexander Calderwood sat as his Judges, albeit they were his Parties, which is certainly true. And albeit af­ter the Appeal, and Mr Heriot's going away, the Presbytery and Calderwood were removed, at the time of the Vote of Mr Heriot's predetermined Deposition; it doth not take away the truth of the reason of the Appeal, That they sat as Judges before the Appeal.

And whereas, besides the false Alleadgance of Dancing about a Bonfire, there is now other Articles suggested to be proven. Mr Heriot makes no Answer thereto, because of the unceriain­ty thereof, hoping that the Lords of Their Majesties Privy Council, will in their Justice, and conform to Law, Ordain the Lybels and Depositions of Witnesses to be seen, and then Mr He­riot can openly clear himself, from whatever shall appear to be proven against him.