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A79719 The declaration of the Commission of the General Assembly, to this whole Kirk and kingdom of Scotland of the fifth of May: concerning the present publike proceedings towards an engagement in warre, so farre as religion is therein concerned. Together with their desires and petitions to the Honourable Court of Parliament, the Parliaments answers. Their humble returnes and representations, and other papers that may give full and cleare information in the matter. Church of Scotland. General Assembly. Commission.; England and Wales. Parliament. 1648 (1648) Wing C4216A; Thomason E461_2; ESTC R29223 54,894 68

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reason to obtaine the same in a peaceable way And finally wee expect that your Lordships will do nothing that may strengthen the Popish Prelaticall or Malignant party who are waiting for their day or that may discourage or weaken the Presbyterian party in England or render your wayes suspitions unto them but that your Lordships will imploy all the power which God hath put in your hand for advanceing his honour and the Kingdome of his Sonne Many of your Lordships have been instrumentall in as glorious a worke of reformation as any age hath seen and all of your have been witnesses therto and if any thing shall proceed from you for weakening or defeating thereof as it will bee matter of high provocation against the Lord so doubtlesse it wil be trouble to your soules in your latter end and meet you in the day of your accounts And if your Lordships shall refuse to hearken to this our humble supplication we take God to record that we have exonoured our selves as in his sight and that we and the Kirk of Scotland whose trust we discharge in the publique affaires thereof are free of all that guilt that shall follow upon any undertakings or resolutions tending to the prejudice of Religion the honour and happines of the King and the union and peace of the Kingdoms But we desire to perswade our selves better things of your Lorships and that you will give us such satisfaction as may incourage us to bear reall testimony of your Lordships that ye intend the settling of Religion and the carrying on of all things in such a way as may contribute for the securing of the same A. Ker. The dissent and protestation of some Members of Parliament against their Lordships proceeding to a determination in the Declaration concerning the breaches and demands c. WHereas the draught of a Declaratian hath now beene read concerning the breaches of the Covenant in matters of Religion and the demands to bee made for remedy and reparation thereof the dangers to Religion and the duties whereunto we are oblieged by Covenant for Reformation and Uniformity in Religion and the security to be had for establishing the same upon which grounds a warre is principally founded And whereas we have earnestly desired and insisted That there may bee no proceeding to any determination concerning the said Declaration before the Commissioners of the Generall Assembly be first consulted therein We do hereby enter our dissent from proceeding to the determination of matters so highly concerning Religion without the advice and concurrence of the Kirke as a preparative of most dangerous consequence to Religion and destructive to the liberties of the Church as contrary to the National Solemn League Covenant and to the known lawes and constant practices of this Kingdome And we do protest that we may not be included in any such vote or resolution but may be free of al the guiltines confusions distractions and evill whatsoever that may follow thereupon to Religion the King this Kirk and Kingdom And the union betwixt the Kingdoms The Reasons of the aforesaid Protestation THat the Parliament ought to take into consideration the papers already presented by the Kirke and advise with them concerning the draught of the Declaration before they approve the same for the Reasons following 1. The chiefe subject of the Declaration is concerning the breaches of the Covenant in matters of Religion and the demands to be made for remedy and reparation thereof the dangers of Religion with the duties whereunto we are oblieged by Covenant for Reformation and uniformity in Religion and the security to be had for the establishment of the same And so much the more the Kirke is to be consulted therein that upon these grounds chiefly a warre is founded concerning the lawfulnesse whereof the advice of the Kirke ought to bee taken the grounds being taken principally from the interest of Covenant and Religion 2. It is acknowledged and declared by the Laws of the Kingdome in severall Acts of Parliament that the Assemblies of this Kirke are the competent and proper Judges against all matters Ecclesiasticall And when there were greatest controversies in matters of Religion betwixt his Majesty and this Kingdome that which was earnestly sought for as the proper and only mean to put an end to all differences touching matters of Religion and assented to by his Majesty in a solemne agreement was that all questions about Religion and matters Ecclesiasticall be determined by the Assemblies of the Kirke as matters Civill by the Parliament which expresse words are set down in the 4 and 38 Acts of Parliament 1640 and by many Acts of Parliament it is particularly acknowledged that in matters of Religion the antecedent judgement is the Kirke and the consequent judgement or Civil sanction is the States as in the Kings oath of Coronation and the first act 1592. anent the liberties of the Kirke inserted in our Nationall Covenant and repeated in the act rescissory 1640. which evinceth that the Parliament should communicate the Declaration to the Kirke before they resolve upon it among themselves 3. All our Supplications Remonstrances Declarations Protestations Acts of Assembly and Parliament and our defensive Armes in anno 1639 and 1640 were not onely against the Innovations then urged in the book of Canons Service book c. for the evill matter therein contained but also against the dangerous manner of introducing the same without the advice and consent of the Assemblies of the Kirke and Lawes of the Kingdome 4. Our Nationall Covenant and our Solemne League and Covenant were first drawne by the Kirke And their interest interpretation thereof especially so far as concernes Religion was never hitherto denyed but by the constant practice of this Kingdome the Assemblies of the Kirke were alwayes consulted anent the dangers thereunto and the duties grounded thereupon and touching the demands and security for Religion before any expedition or Declaration for War offensive or defensive 5. The Parliaments assuming to themselves the sole judging of the breaches of Covenants demands for reparation the dangers to duties for and security of Religion is a most dangerous preparative and destructive to the liberties of the Kirk for subsequent Parliaments may according to this president without the advice and consent of the Assemblies of the Kirke impose upon them new Confessions of Faith formes of worship and Church government and so change the very substance and fundamentals of our Religion likewise this preparative in a Parliament of Scotland will confirme such in their opinions and practices in the Parliament of England who maintaine the Errastian tenets wherefore if extirpation of Errastianisme be intended in England as is professed it should not be practised at home 6. Even the Parliament of England would not ingage in the League and Covenant untill they had first advised it with the Assembly of Divines in point of conscience albeit that Assembly hath no jurisdiction how much more
not satisfied by your Lordships Answer And without cleare satisfaction in these desires We finde it not safe to appoint a conference for agreeing upon the state of a question for War yet if your Lordships had desired or doe desire further conference with some of our number for satisfaction of our above mentioned Desires Wee should have yeelded and yet shall willingly yeeld thereunto And as the present want of satisfaction in these Desires doth retard and hinder our proceedings towards an agreement upon the state of a question so we are still confident that a reall and cleare satisfaction to the said desires may be a happy and effectuall meanes for facilitating the state of the question and for uniting this Nation in an unanimous undertaking of such duties as are requisite for the reformation and defence of Religion the safety honour and happinesse of the King and his posterity and the good peace and safety of the Kingdomes A. KER A Paper from the Parliament of the 29 March 1648. At Edinburgh the 29 day of March the yeare of God 1648 yeares WHereas the Commissioners of the Church have this day exhibited to the Parliament one paper intituled an humble representation of the sense of the Commissioners of the General Assembly To the honourable Estates of Parliament upon their Lordships answer to the eight Desires lately presented to their Lordships And the same being read in audience of the Estates of Parliament They ordain the former Committee of 24 to confer with the Commissioners of the Church or any whom they shall appoint upon the papers exhibited by the Church and answers given thereto by the Parliament and appointed them to debate thereupon and for removing all differences and also upon the state of the question and whole matter And ordaines this to be communicated to the Commissioners of the Church in answer to the paper exhibited by them to the Parliament this day And desires that the Commissioners of the Kirke or those whom they shall appoint may come authorized with the like power to confer Extract ALEX. GIBSON Cler. Registri The Answer of the Commissioners of the Generall Assembly Edin penult Mar. 1648. THE Commissioners of the Generall Assembly having this day received a power from the Honourable Estates of Parliament desiring a conference upon our late Desires and the Parliaments answer given thereunto and also upon the state of the question and whole matter doe humbly returne this Answer That as we have been so we are still willing to appoint a conference upon the eight Desires lately presented to your Lordships and upon the unsatisfactorinesse of your Lordships answer thereunto And if your Lordships shall yet be pleased to give reall and cleare satisfaction to our said desires We shall immediately thereupon appoint some of our number to confer with a Committee of Parliament upon the state of the question This insisting upon satisfaction to our desires before we appoint a conference upon the state of the question doth not proceed from any peremptorinesse about words or things of small moment nor from any partiality or self interest nor from any inclination to stretch our selves beyond our line nor from intention to obstruct any lawfull endeavours either for Monarchicall government in the Kings Majesty and his posterity or for preferring opposing and suppressing of Sectaries Our record is in heaven we abhor and detest all such wayes But our reall purpose is to keep our selves so free that in an implicit way we consent not to nor concur in stating of a question of War before we see the safety and security of Religion sufficiently provided for being tender of the great trust committed to us as the servants of Jesus Christ and officers of his Kingdome for preserving the precious Jewell of Religion which ought to be as well to your Lordships as to us above all worldly interests A. KER The Article of the Demands which is to be communicated to the Commissioners of the Church viz. THAT an effectuall course be taken by the Houses for enjoyning the Covenant to be taken by all the Subjects of the Crowne of England conforme to the first Article-of the Treaty and conform to the Declaration of both Kingdomes in anno 1643. By which all who would not take the Covenant were declared to be publicke enemies to Religion and the Countrey And that they are to bee censured and punished as professed Adversaries and Malignants And that reformation of and uniformity in Religion be settled according to the Covenant That as the Houses of Parliament have agreed to the Directory of worship so they would take a reall course for the practising thereof by all the Subjects of England and Ireland That the Confession of Faith transmitted from the Assembly of Divines at Westminster to the Houses be approved And that Presbyteriall government with a subordination of the lower Assemblies to the higher be setled and fully established in England and Ireland And that effectuall course be taken for suppressing and extirpating all Heresies and Schismes particularly Socinianisme Arminianisme Arrianisme Anabaptisme Antinomianisme Errastianisme Familisme Brownisme and Independency and for perfecting what is yet further to be done for extirpating Popery and Prelacy and suppressing the practice of the Service-book commonly called the Book of English Common-prayer 2 Aprilis 1648. This Article read and agreed to by the Estates of Parliament is thought fitting to bee demanded of the Parliament of England And the Estates appoints the seventh Article to be communicate to the Commissioners of the Kirk that they may return their thoughts thereupon either for addition or alteration which the Parliament will take to their consideration And the Estates appoints the Lord Balmerinoth Lord Huniby and Archbald Sydserse to acquaint the Commissioners of the Church therewith Extracted forth of the Records of Parliament and Articles of breaches of the Covenant and Treaties and demands for reparation thereof respective by me Sir Alex. Gibson of Dure c. Alex. Gibson Cler. Regist Edinb 13 Aprilis 1648. The humble returne of the Commissioners of the Generall Assembly unto that Article of the Demands concerning Religion and the Covenant c. communicated unto them by the Honourable Estates of Parliament AS there is nothing which the Kirke of Scotland now for a long time hath more earnestly wished and seriously studyed then the settling of Religion and carrying on of the worke of uniformity in all the three Kingdomes so it is still our desire that your Lordships should sincerely and really endeavour the same in all fair and lawfull wayes both with the King and Parliament of England according to the League and Covenant As to the Article communicated unto us we shall not search after the cause why your Lordships have changed the way formerly used of sending Propositions to his Majestie without whose confidence your Lordships will easily acknowledge that the Parliament of England cannot render the particulars contained in the demand effectuall for securing of Religion Neither shall