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A42762 The humble representation of the Commission of the Generall Assembly to the Honourable Estates of Parliament upon their declaration lately communicate [sic] to us, Edinburgh, 28 Aprile, 1648. Church of Scotland. General Assembly. Commission.; Gillespie, George, 1613-1648. 1648 (1648) Wing G750; ESTC R21600 19,469 30

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be restored with Honour Freedome and Safety before such satisfaction had from Him we fear it shall lye as a great scandale upon this Kingdome and as too sensible and apparent a change of their former principales and professions in a point so much concerning the security of Religion 8. We are very apprehensive that your Lordships urging the disposall of the Kings Person in England in such a way as that he may come to London with Honour Freedome and Safety without his Majesties giving or Your Lordships desiring his Majestie to give satisfaction and securitie in Religion and in such things as belong to the safety of the Kingdome without which there can be no lasting security expected to Religion As it is a farre different point from the urging of a joint interest in the disposing of the Kings Person by both Kingdomes for the good of both So it will be judged by most of all parties in England that ever concurred in this Cause to be so prejudiciall to their Nationall Rights and Liberties and such an encroachment thereupon though your eLordships declare you have no such intention as that it will unite them all in opposition to this Kingdome and consequently alienate them from the intended Uniformity in Religion according to the Covenant As these reasons make us conceive your Lordships second demand to import no small danger to Religion So we would not be understood as if we had any thoughts to decline the restoring of his Majestie to the same condition he was in by the agreement of both Kingdomes when he was taken away by a party of the Army under the command of Sir Thomas Fairfax That both Kingdomes may freely make their applications to Him Concerning your Lordships third demand That the present Army of Sectaries may bee disbanded for the ends expressed in the demand As we think no persons whatsoever fit to be imployed or entrusted in the Armies of either Kingdome we have not taken the Covenant And that all Sectaries in England that are in Armes should be disbanded and disarmed So we conceive there is also reason for your Lordships to foresee and provide against the danger of the rising again of the Popish Prelaticall and Malignant party in Armes and the rather because of the late commotions begun by some of them both in England and Ireland These being also some both in Wales and Ireland actually in armes who have discovered and declared their principles and ends to be very Malignant Wherein we are informed they are the more animated and encouraged upon confidence of some agreement between his Majestie and this Kingdome It is further to be considered that this Demand being joined with the second the present Army in England disbanded and his Majestie brought to London with Honour Freedome and Safety how easily may all the Malignant Popish and Prelaticall party in his Majesties Dominions flock unto him Which how prejudiciall it may be his Majestie keeping still his principles is easie to be judged As for the exceptions added in your Lordships demand to passe the ambiguity thereof your Lordships except from the said disbanding the Garisons necessary to be kept in England and desire that these Garisons may be commanded by such as have or shall take the Covenant and are well affected to Religion and Government but do not desire any such thing concerning the Garisons themselves Which may be understood as a tacite Confession on your part that all the Garisons to be kept in England may be of such as have not taken nor shall take the Covenant nor are well affected to Religion and Government provided that those Garisons be commanded by such as your Lordships describe We have but one point more to adde concerning this third and last demand For we cannot conceale our feares and apprehensions that your present resolutions and proceedings and the entertainment of English Souldiers whereof many are Papists and Malignants and some eminent in Malignancy is not the way to further but to retard and hinder the disbanding of the present Army in England and to frustrate the en● your Lordships propose in your Declaration for the disbanding of that army And whereas your Lordships declare that it is not your intention at all to make a Nationall engadgement against the Parliament and Kingdome of England but for them As we shall not presume to speake of the Nation 〈◊〉 Rights and Priviledges of another Kingdome So we cannot see how the principles of your Lordships Declaration can consist with the first part of our third desire which was That there may be no such quarrell or ground of the War as may break the Union between the Kingdomes For we conceive there are diverse such quarrels in the Declaration as fall directly and necessarly upon the votes and proceedings of the Houses of Parliament even when they were most free Concerning that which your Lordships adde in reference to the latter part of our third desire and to our whole fourth desire We humbly conceive it is very far short of that which is no lesse your Lordships du●●y then our desire for 〈◊〉 Your Lordships only declare against Association and Conjunction of Forces with those who shall refuse to swear and subscribe the Covenant which doth not exclude Association of Forces with such as neither have taken nor shall take the Covenant so that they be not urged to 〈◊〉 and so not reckoned amongst refusers This we have the more reason to take notice of because your Lordships have before in this same Declaration complained that there is no urging of the Covenant in England nor no execution of Publict Orders for taking of the same Which being so How shall your Lordships find the Malignants in England to be refusers of the Covenant except your Lordships enforce it upon them Which we suppose your Lordships intend not to do 2. YourLordships do not declare that if any who have not taken and shall not take the Covenant may not so much as they that shall refuse the Covenant if they rise in Armes your Lordships will oppose them and endeavour to suppresse them only your Lordships say you will not associat nor joine Forces with them 3. Whereas your Lordships say That you will be so far from joyning or associating with the Popish Prelaticall or Malignant party if they shall again rise in Armes either to oppose or obstruct all or any one of the Ends of the Covenant that you will oppose and endeavour to suppresse them as enemies to the Cause and Covenant We beseech your Lordships to consider whether this part of your Declaration doth not reserve a latitude that if the Popish Prelaticall or Malignant party shall rise in Armes for the Kings restitution and can but have so much cunning which is more nor probable as to conceale their intentions of obstructing or opposing all or any one of the Ends of the Covenant in such a case it may be free to your Lordships in stead of opposing or endeavouring
from another or making any faction or party among the People contrary to the League and Covenant have been protected and assisted We shall heer only desire your Lordships to remember that all this is true of Malignants as well as of Sectaries and for our part whatsoever liberty there be in the manner or circumstances wee do not doubt but the thing itself is necessary both by the Word of God and Solemne Covenant viz. That justice be done and condigne punishments inflicted on all hinderers of Reformation and Peace and all who make factions contrary to the Covenant whether they be Sectaries or Malignants But if it was sufficient that the most part of the Malignants were brought to such condigne punishment as the respective Parliaments thought fit which your Lordships gave us a touch of in the precedent part of your narrative we leave it to your Lordships consideration whether you do not hereby furnish such a retortion to those that favour the Sectaries in England as that they may plead from that principle in your Lordships Declaration that the punishment of Sectaries is to be referred simplie to the Parliament of England as they think fit and that your Lordships must allow them the same latitude of favour toward the Sectaries as before you have allowed both to your selves and them towards the Malignants Your Lordships adde as another breach of Covenant that instead of a firme Union and Peace between the Kingdomes a breach hath been endeavoured which can not be denyed to be a breach of Covenant and therefore a rock to be the more carefully avoided It is our grief that there is also cause to complain of the Malignant party at home as no lesse guilty of endeavouring a breach between the Kingdomes The attemps injuries and violences of that party of Sectaries against his Majesties Royall Person and the hard condition he is reduced unto by their means we are very sensible of And as we have often before professed our prayers and endeavours according to our place and calling have not been neither shall be wanting for the preservation of his Majesties Person and Authority in the preservation of the true Religion and liberties of the Kingdomes And we leave it to be pondered by your Lordships whether they that obstruct and hinder the requiring of satisfaction and security from his Majestie in point of Religion before his restitution to the exercise of his Royall Power do not upon the matter and by consequence obstruct and hinder his Majesties deliverance and restitution whereof such securitie and assurance had from his Majestie might be a powerfull and effectuall means As we know not whom your Lordships mean when you speak of such as had warrand from the Parliament of this Kingdome for accesse to his Majestie and yet were debarred and as no violence nor injurie offered to a publick Minister of another Kingdome can be excused so we are informed that the souldiers Act in removing once the Earle of Lauderdale from Wooburn was not only disclamed but his Lordship often thereafter permitted free accesse to his Majestie Your Lordships insist upon three instances of the breach of Treaties one of the large Treaty and two other breaches of the Treaty 1643. As to the first which for orders sake we begin at We cannot say that it holds forth any convincing clearnes to us Yea so far as we understand the thing whereunto the Kingdom of England was bound by the Treaty was not insisted upon by the Commissioners of this Kingdom at London but ane alternative for assistance against the Rebels by Forces or Moneys After which the Parliament of this Kingdome made a desire of assistance by Moneys which the Parliament of England promised to take into their consideration And seeing your Lordships in this same Declaration wave breaches of Treaty in Money-matters even where the Money was due by Treaty Wee hope your Lordships will find it the more inexpedient to insist upon the not obtaining of that assistance by Moneys against the rebels being a way not provided by the Treaty Concerning the other two breaches which pitch upon the Treaty 1643. First your Lordships say that according to the first article of that Treaty the Covenant should have been taken by both Kingdomes but that now by the prevalent party of Sectaries and their adherents it is not only laid aside in the new Propositions and no execution of publick Orders for taking it throughout the Countrey but many in places of trust have never taken it neither are urged to take it Certainly such slighting of the Covenant is a great sin against GOD and a high contempt of the Covenant And it is very fit that this Kingdome should desire the Parliament of England to presse it not only upon persons of trust but universally on all the Subjects of that Kingdome yet we are not convinced of any just ground of War against that Kingdome in that which hath been instanced by your Lordships especially considering that the Covenant was taken by the Representatives and other chief corporations in England whereupon both the Generall Assembly and the Parliament of this Kingdome have frequently mentioned in their Acts Letters and Declarations the Union and conjunction of both Kingdomes by Solemne Covenant neither are we without hopes if things be carried on in a fair and right way that the Kingdome of England may be brought a further length in the performance of this dutie Whereof we are the more confident because of the famous and frequent testimonies given to the Covenant and against the errours of the time by the Ministry in diverse Provinces in England As for the last breach which your Lordships conceive to be against the eighth Article of the same Treaty 1643. Wee heartily wish that the joint way of applications to the King by both Kingdomes once begun had been continued and do conceive very much prejudice to the Cause by the divided way only we offer it to your Lordships further consideration whither this breach be not at least disputable there being no mention at all in that Article of Proposals Propositions or Bills but only of Cessation Pacification and agreement for Peace So that it may justly be doubted whether the sending of those Proposalls and Bills to the King without the consent of this Kingdome hath in it that certainty and clearnesse of a breach of Treaty between the Kingdomes as may be a ground of War And if it be a breach of the Treaty for either Kingdome singly and dividedly to send Propositions to his Majestie We shall crave leave that we may desire to be informed how this consisteth with that latitude which your Lordships leave afterwards in this same Declaration in the manner of presenting Bills or Acts of Parliament to the King for your Lordships desire assurance of his Majestie to agree to such Acts or Bills as shall be presented to him by his Parliaments of both or either Kingdomes respectivè We might also insist upon some Papers
Houses in or near London with Honour Freedome and Safety that applications may be made to him by Parliamonts of both Kingdomes for attaining his Royall assent to such desires as shall be by them presented to him for establishing Religion as is above exprest and setling a well grounded Peace This demand we conceive to be of dangerous consequence to Religion and the Covenant for the reasons and considerations following which we humbly offer to be considered by your Lordships 1. All applications and desires to his Majesty for Religion are suspended till he come with Honour Freedome and Safety to some of his Houses in or near London We know not what length of time this may draw to or how much danger there may be in the delay 2. The establishing of Religion here mentioned as that which your Lordships intend to desire of his Majestie is according to that which is above expressed where we doubt not your Lordships referre to your first demand which went before Whereas the establishing of Religion in such a manner as is there expressed we do not think safe for the reasons before given 3. We conceive that this second demand amounts to no lesse then the restitution of his Majestie to the exercise of his Royall Power before Applications made and desires presented to him much more before assurance and security had from him for the setling of Religion in the right manner and according to the Covenant For besides what we have expressed in our last Paper presented to your Lordships that this honour freedome and safety is conceived by your Lordships to be such as may enable his Majestie to effectuat his Concessions concerning Religion And what is that lesse then the exercise of his Royall power restored This we further adde that we humbly conceive his Majesties Honour may comprehend or may be made use of as comprehending not only the possession of his Revenews but also the exercise of his Royall Government Next being in freedome he may repare to any part of his Dominions in Scotland England or Ireland And lastly being restored to be in a condition of safety he may provide Forces for guarding Himself against all apprehended dangers for if Guards should be set about him by his Parliament it will be said to be contrary to the condition of freedome So that being restored to some of his Houses in or near London with Honour Freedome and Safety We do not conceive what he shall want of the exercise of his Royall Power Considering withall that neither Himself nor any others will conceive the Honour Freedome and Safety to be Kingly and such as becomes his Royall Person if he shall want the exercise of his Royall Power Yet this restitution of his Majestie to the exercise of his Royall Power before security had from him for settling Religion Your Lordships know by our eight Desires and otherwayes is conceived by us to be inconsistent with the safety and security of Religion 4. If his Majestie were once come with Honour Freedome and Safety to some of his Houses in or near London We know not what influences he may have upon the Houses of Parliament to obstruct and hinder their presenting of Bills to Him for enjoining the Covenant abolishing Prelacy and the Book of Common-prayer Establishing the Confession of Faith Directory of Worship and Presbyteriall Government Or what strength his Majesty so restored may again attain by the assistance of the Popish Prelaticall and Malignant party for a new and bloody War to the devastation of these Kingdomes and the ruine of our Religion and Liberties Which things we have the more cause to fear and apprehend his Majesty having declared and professed that he is oblieged in conscience to emprove all the power which GOD shall put in his hands for the establishment of Episcopacy 5. To insist upon the bringing of his Majesty to some of his Houses in or neer London before satisfaction and security had from him in point of Religion and in such other things as are necessary for the safety of the Kingdomes could not as we conceive but be an exceeding great discouragement and offence to the Presbyterians in England who will conceive if such a thing be pressed upon them that the remedy propounded in your demand is worse then the disease And we have also heard that the Parliament of England when they were as free as ever they were would never agree to his Majesties comming to London with honour freedome and safety without security first had from him in such things as are necessary for Religion and the safety of the Kingdome 6. Seing your Lordships are oblieged by the third Article of the Covenant to defend his Majesties Person and Authority in the perservation and defence of the true Religion and Liberties of the Kingdomes We conceive your Lordships should not demand from nor presse upon the Kingdome of England His Majesties restitution with Honour Freedome and Safety except with that qualification in the Covenant and with a subordination to Religion and the Liberties of the Kingdoms And how can this subordination according to the Covenant be said to be observed in your Lordships demand as it stands for if His Majesty be brought to some of His Houses in or near London with Honour Freedome and Safety before so much as applications be made to Him for establishing Religion and Peace we then leave it to your Lordships consciences whether His Majestie shall not be restored to His Honour before JESUS CHRIST be restored to His Honour and set upon His Throne of Government in His Church Whether His Majesty shall not be in a condition of Libertie before the Ordinances of CHRIST have a free course and whether His Majesties safety shall not be provided for and secured before either Church or Kingdome can say they are in a condition of safetie And is this to endeavour the setling of Religion before all worldly interests or rather to make it come after the Kings interest 7. We fear that if after so many instructions from the Parliament Convention and Committee of Estates to their Commissioners at London from time to time for endeavouring in the first place the setlement of Religion and then to endeavour the removing of the Civill differences and the restitution of the King upon His first giving satisfaction in Religion and the grounds of a solide Peace And if after it was declared by this Kingdome during His Majesties being at Newcastle that they could not admit of His Majesties coming to Scotland in freedome unlesse His Majesty granted the Proposition concerning the Covenant and Religion and gave a satisfactory Answer to the rest of the Propositions Likewise if after such a Declaration of the Parliament of this Kingdome Ianuary 16. 1647. for His Majesties being in some of His Houses with such attendance as the two Houses should think fit untill He give satisfaction in the Propositions If after all this it be now insisted upon that His Majestie may