See also the many quotes and examples of the Right to Continued Protest in the legal paper by the Free Church of Scotland (Continuing)
A Survey of the Survey of that Sum of Church Discipline Penned by Mr. Thomas Hooker
Epistle to the Reader
“Nor doth it belong to the essence of Presbyterial Government, that all members of this Church, and inferior judicatures, should so submit to the superior respective judicatures, that if they be grieved with the sentence, they ought to acquiesce thereunto, and not to contra-act, but only appeal, until there shall be a general assembly to determine the matter.
This never was, and I trust, nor shall ever be their mind who are for presbyterial government; nor do our brethren justly father it upon the general Assembly, […] 1648. Sess. 30. For our Church acknowledges no subjection nor subordination of inferior judicatures unto superiors, but in the Lord, and so to submit to any sentence, and to forbear a duty of preaching the Gospel, praying, visiting, exhorting, catechizing pastorally in families, to abstain from the Lords Supper, and from acts of due censure necessary for the flock upon the known unjust sentence of a Synod, until a general Assembly (which possibly cannot be convened in an age to determine) is to:
1. Obey men unjustly forbidding a called minister of Christ to preach in season, and out of season, rather than God; for they unjustly forbid, and the Lord justly commands; therefore the called minister must act and contra-act to their unjust sentence, and not forbear for an hour, as the Scripture clears, 2 Tim. 4:1-2; Acts 20:17-20; 1 Cor. 9:16; Isa. 58:1; Jer. 1:17; Eze. 2:3-5 & 3:10,17; Acts 5:28-29; and so this is unjust.
2. It is to make synods and ecclesiastical judicatures Lords of our faith, which the Reformed Churches detest in popish councils; for all men and Councils most lawful can challenge only limited obedience and submission in the Lord to their determinations, if they speak and command according to the Law and the Testimony, Isa. 8:20, otherwise there is no sight in them. And so it is popish.
3. We conceive in performing acts of that government which Christ owns in his Word, we do not sin; for no authority of a judicature can make that to be the word of God, and obedience to God, which was not, as to the matter, obedience to God before that authority, nor on the contrary. Now to abstain from preaching, praying, eating and drinking as the Lords Supper in a called minister, and in a visible professor, duly called and fitted, is sin; then cannot the authority of the Church, fat less their known unjust sentence make it lawful.
4. Suppose the general Assembly should ratify and confirm the unjust sentence of the inferior judicature, or annul their just sentence, the people of God are not obliged to stand to either the one or the other. So we disown the point which our Brethren delivered to us in their papers for union sought by us, as nothing belonging to the essence of presbyterial government, but reject it as unsound, tyrannical and popish.”