conference And who shall be appointed for drawing up the state of the question To find out some more smooth expression in place thereof with the like security to Religion 7. Item to the seventh desire The said Estates of Parliament declares that they will be carefull that none shall be employed in the command of their Armies nor in their Committees But such as are of known integrity and affection to the cause and against whom there is no just case of exception Item To the eighth Article or Desire The Estates of Parliament declares That to the grounds of their engagement and undertaking an Oath shall be subjoyned wherein both in the framing of it and otherwayes the Church shall have their due interest And the Estates of Parliament desires the Commission of the Church To appoint some of their number to meet with such of that Committee of Parliament of 24. As shall be appointed by the same Committee for the conference and stating of the question for agreeing upon the grounds of an engagement and drawing up such a state of a question as may unite 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 of this Kingdome Extract forth out of the Books of Parliament By me Sir Alexander Gibson of Durie Knight Clerk of his Majesties Registers Councel and Rolls under my signe and subscription Manuel Alex. Gibson Cler Regist Edinburgh 29. Martii 1648. A humble Representation of the sense of the Commissioners of the General Assembly To the Honourable Estates of Parli upon their L. Answer to the eight Desires lately presented to their Lordships HAving received yesterday the Answer of the Honourable Estates of Parliament to our late Desires presented to their Lordships upon the 22. of this instant We did immediately take to our consideration the particular answers given thereunto And now without any longer delay do humbly represent to their Honours our sense of the Particulars 1. As to the Answer of the first Desire we conceive that notwithstanding any thing expressed in your Lordships Answer there may be an acting in reference to a warre before the lawfulnesse of the Warre and the state of the question be agreed upon which is the very thing we did desire to be avoided 2. In the Answer to our second Desire we neither finde any breaches of peace between the Kingdomes which may be a ground of war condescended upon nor any positive resolution of the Parliament to seek reparation thereof according to the Treaties yet both these were desired by us 3. In the answer to the third desire instead of that clause of the desire The Presbyterian party in England who continue firme in adhering to the League and Covenant we finde this change of expression in the Answers The Presbyterians and well-affected in England which as the words stand may intimate and suppose that there are some well-affected in England which are not of the Presbyterian party nor do adhere to the League and Covenant 4. Our fourth desire for not joyning or associating what the Popish Prelaticall or malignant party if they shall againe rise in Armes and that it may be endeavoured to suppresse them as enemies to the cause and Covenant on the one hand as well as Sectaries upon the other being so just in it selfe so consonant to the former principles and professions of this Kirke and Kingdome since their first engagement in this cause and being also as cleare both in the matter and expression as the Covenant Treaties and Declarations of both Kingdomes we cannot conceive wherein it needs explanation or what doubt or scruple can be made concerning it as it stands unlesse there be now some more favourable and friendly intentions towards the malignant party then formerly which wee pray the Lord to avert And although it is too manifest that some plead for Malignants as if they were to be joyned with as friends rather then avoided as enemies to the cause whereof we have spoken more fully in our late Declaration yet we trust that any such desâ—gne is and shall be far from the thoughts and intentions of the Honourable Court of Parliament 5. Touching the 5 Desire as your Lordships answers ems to supp se his Majeâ—late concessions concerning Religion not to be satisfactory so these concessions being so prejudicial to the cause Covenant We wish your Lordships had been pleased to declare against them both positively without any condition and presently without any delay 6. In the answer to the sixt desire as thereis much said in the first part for security of Religion to be had from his Majesty so that clause viz. That this security be had from his Majesty before his restitution to the exercise of his royall tower not being agreed to by your Lordships but rather laid aside untill some smoother expressions be found out We are left unsatisfied in that which is the maine of that desire and cannot be assured of any security expressed in the first part of your Lordships answer If your Lordships had been pleased to condescend upon another expression containing as good and as reall security for Religion wee should have acquiessed therein without sticking upon words but there being no other expression yet condescended upon and that clause of ours without which the whole desire is lest uncertain laid aside for the present We cannot finde our selves therein satisfied as yet 7. The answer to the seventh Desire concerning such as are to be trusted in Armies and Committees doth omit some of the qualifications expressed in our Desire viz. Such as have given constant proofe of their integrity and faithfulnesse in this cause and against whom there is no just cause of jealousie that so we may the more confidently encourage our flockes to follow the cause of God in their hands and not to doubt of their fidelity Which qualifications being contained in our Desire and omitted in your Lordships Answers We are not without feares that this omission may be made use of by some as if your Lordships had not meant to agree fully to that desire and so take occasion to deale for employing and entrusting such in the Committees and Armies as may be justly excluded by the qualifications contained in our said Desire In the answer to the last Desire in stead of that cleare expression used by us namely That the Kirke may have the same interest in any oath for a new engagement which they had in the solemne League and Covenant We finde this doubtfull and uncertaine expression The Kirke shall have their due interests Which difference of your Lordships expression from ours may also be interpreted by some as if the Kirk had assumed more interest in the League and Covenant than was due unto them Unto these and the like considerations Wee humbly conceive that our Desires unto which we still adhere as just and necessary are
we insist upon the prejudice that preparative of the taking of resolutions in that which concernes Religion without the advice and consent of the Kirke may bring to the interest and liberty thereof But conceiving that wee have just reason to looke upon the demand as intended to be a ground of warre in case the Sea-men shall be refused by the Parliament of England we cannot returne our thoughts thereupon untill your Lordships shall be pleased to give us a satisfactory answer to our eight desires formerly propounded to your Lordships and untill you shall be pleased also to acquaint us with the Articles of the breaches of the Covenant and Treaties and other demands for reparation thereof mentioned in the paper sent to us that so we may not only know that no other of the demands doe crosse this or tend to the hinderance of the work of Reformation but also that we may be satisfied in our consciences upon the whole matter and be assured that all things are so ordered and resolved as may indeed contribute for establishing the Covenant and settling of Reformation of and Uniformitie in Religion and attaining all things expressed in your Lordships demands communicated to us In the meane while seeing your Lordships do professe that the Cause is the same and the cheif ground of the undertaking is for Religion Wee desire your Lordships seriously in your consciences to ponder how yee can make the refusall of this demand a cause of warre against the Parliament of England with whom this nation was lately ingaged in a warre in defence of the League and Covenant and ends thereof when the King was in armes against both and yet ingage in a warre for the King while he still refuses to settle Religion and injoyn the Covenant and will come no further at the uttermost then to leave the Sea-men Arbitrary as is evident from his late concessions Or how your Lordships can propound any such demand unto others whilst your selves have not declared the Kings concessions so much as unsatisfactory seeing these concessions are distructive to most of the particulars contained in your Lordships demands A. Ker. Edinb 18 Aprill 1648. To the Right honourable and High Court of Parliament The humble Petition of the Commissioner of the Generall Assembly REligion being of all things the most excellent as it hath been the principall end of all the in deavours and undertakings of this Nation so it is the main subject of our thoughts and cares and we trust is most in the hearts of all the faithfull Ministers and godly people throughout the Land as severall of their supplications unto your Lordships do make evident It was from the tender regard we had of this so precious a jewell that we did emit a Declaration concerning present dangers and duties And it was also from our respect thereunto perceiving your Lordsh inclined to an ingagement from which wee neither were then nor now are averse being first satisfied in the grounds of the undertaking and in the way of the managing of the same that we did afterwards propound some humble desires unto your Lordships containing things necessary for a right undertaking for and securing of Religion and preserving the Vnion between the Kingdomes But after long attendance and most earnest expectation having received no satisfaction from your Lordships in these our desires and conceiving that your Lordships resolutions are towards an ingagement in a warre We doe from no other principle and intention then the love of the truth and the discharge of the trust committed unto us as the servants of the living God and his son Jesus Christ who shall judge the quicke and the dead intreate and obtest your Lordships that as you doe professe that any undertakings which yee now are or shall bee necessitated unto shall onely be for settling Religion Truth and peace under His Majesties Government So for convinceing our consciences and all the faithfull Ministers and people of God in both Kingdomes of the integrity of your intentions that your Lordships will be pleased to give us satisfaction in all these our former just and necessary desires and that for the said end your Lordships wil make it appear that you meane to be far from interessing your selves in any thing that may put in His Majesties hands such power as may not onely bring the by-gon proceedings of both Kingdomes in the League and Covenant in question but also for the time to come make void all the authority of Parliaments though proceeding never so rightly in reference to Religion and Liberties of the Kingdoms And that your Lordships will be pleased to make it manifest that you will be so farre from associating with or giving trust and countenance to any within the three Kingdoms who do not swear and subscribe the Solemne League and Covenant That on the contrary your Lordships will hold them all for professed Adversaries and Malignants and indeavour to suppresse them if they rise in Armes Which we think we may with the greater reason and confidence expect from your Lordships because yee have resolved to demand of the Parliament of England that an effectuall course be taken by the Houses for injoyning the Covenant to be taken by all the Subjects of the Crowne of England Conforme to the first Article of the Treaty the Declaration of both Kingdomes in anno 1643 By which all who would not take the Covenant were Declared to be publique enemies to Religion and the Countrie and that they are to be censured and punished as professed Adversaries and Malignants And we trust that whilst your Lordships require of them the performance of duties contained in the Treaties and Declaration you will make it appeare that you intend to do nothing your selves contrary thereunto The obligation therein being equall in regard of both and the performance alike conducing for Religion and the Covenant And we doe humbly intreate that your honours will be pleased to make known unto us your resolutionsupon the whole matter that we may see there is nothing therein that may crosse your Lordships demands concerning Religion and be inconsistent with the security thereof and our desire for the same And that what shall be thought fitting to be demanded of the Parliament of England concerning Religion for rendering the same the more effectuall your Lordships will at the same time solicite His Majesty for His Royall assent thereunto that His Majesty and all others may know that what you intend on His behalfe is with a subordination to those ends And so his Majesty may be induced to remove al obstructions on his part that hinder the settling of Religion and his Majesties Government And being desirous that all meanes bee first assaid which may prevent the effusion of more Christian blood so farre as is possible Therefore as the messengers of peace we doe supplicate that your Lordships will take such course for seeking reparation from the Parliament of England as may bee most probable in
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
should we be cautions of ingaging in such a businesse where there is a constituted settled Church without their advice 7. It were a manifest breach both of our Nationall Covenant and of the Solemne League and Covenant to determine or approve of a businesse so highly concerning Religion without the advice and concurrence of the Generall Assembly or their Commissioners seeing by both Covenants we are plainly oblieged to preserve and maintaine the doctrine discipline and government of the Kirke which yet cannot be preserved but overthrowne by such a Parliamentary determination and Declaration concerning the Covenant and Religion without the advice and consent of the Kirke Neither can we expect the blessing of God upon our undertakings if in this cause wherein the honour and glory of God and the good of Religion is so highly concerned we should engage without the advice and concurrence of the faithfull Ministers of this Kirke whom God hath used as maine instruments in the beginning and progresse of the worke of Reformation Edinb 20. April 1648. Answers of the Parliament to the desires given in to them by the Commissioners of the Generall Assembly and to the papers given in by them upon the 13 and 18 dayes of this month THe Estates of Parliament having againe taken to their consideration the desires given in to them by the Commissioners of the Generall Assembly And having also considered the papers given in by the said Commissioners upon the 13 and 18 dayes of this month doe conceive that the Declaration of Parliament is a full and satisfactory answer to the first eight Desires As also to the other two papers in so far as the same are concident with these desires And as to the other particulars of their two last papers concerning the way and time of sending Propositions to the King 1. It is answered That the Parliament conceives the same way is now taken that hath been formerly And in regard the Parliament of England have laid aside these Propositions concerning Religion and the joynt interest of the Kingdome of Scotland We are necessitated to make our first applications to them who must first agree and condescend thereunto before his Majesties assent can be demanded And that it evidently appeares by the Declaration that we really intend to insist for satisfaction from his Majesty in that that concernes Religion before all worldly things And that so soon as his Majesty shall be in such a condition of freedome honour and safety as his concessions may be effectuall And as to that prejudice alleadged in the preparative of taking resolutions in that which concernes Religion without advice and consent of the Kirke 2. It is answered That as we have never hitherto taken any resolutions in that which concerns Religion without advice of the Kirke And since what is now declared by the Parliament in order to Religion is not upon any new grounds but in pursuance of the same grounds contained in the Covenant in the Acts of the Generall Assembly and Acts of Parliament And that in our demands concerning Religion as the advice of the Commissioners of the Generall Assembly hath been desired so we shall never doe any thing that may prejudice the just interest and liberty of the Kirke of Scotland And for their desire to be satisfied in the whole matter It is answered That it is cleare by the Declaration which containes the grounds and resolutions of the Parliament on the whole matter That there is nothing therein which doth crosse the demands concerning Religion or is inconsistent with the security thereof And farther It is ordained that the Parliament having agreed unto the Declaration it be communicated to the Commissioners of the Generall Assembly before it be published and in matters that concernes Religion that the Parliament will be ready to heare and consider the advice of the Commissioners of the Kirke Extract out of the bookes of Parliament by Sir Alex Gibson of Dury Knight Clerk of his Majesties Registers Councell and Rolls c. Alex. Gibson Cler. Regist Edinb 25. April 1648. The humble returne of the Commissioners of the Generall Assembly to the answer of the Honourable and high Court of Parliament to our 8 Desires and to our papers of the 13 and 18 of this Month. WHereas your Lordships did communicate unto us your large Declaration containing principally your Lordships resolutions concerning dangers and duties relating to Religion we wish your Lordships had been so tender of the liberty and due interest of the Gen. Assembly their Commissioners as to have communicated to us a busines so highly concerning Religion before not after your Lordships resolutions taken therein And that your Lordships had not given just cause to so many so considerable Members of Parliament who have given most reall and constant testimony of their integrity in this cause to dissent from and protest against your Lordships proceeding to determine a businesse of this nature without consultation with us and our consent had therein For our part the trust committed to us is so precious that we may not hold our peace in such a case but must freely professe and declare to your Lordships That this Act being really a taking from us to your selves the antecedent judgement and determination of danger sand duties so highly concerning Religion in this present juncture of affaires the liberties of the Kirke are so far prejudiced as could not have entered into our hearts to expect after so solemne obligations to preserve and maintaine the Doctrine Discipline and Government of the Kirke of Scotland We therefore protest for the preservation of the Liberties of this Kirk according to the word of God Solemn Covenants former lawes and laudable customes of this Kirk and Kingdome and that this act of your Lordships be no preparative for the future Finally that it shall be yet free unto us according to the duties of our place and as there shall bee cause to give our judgements in an Ecclesiasticall way of the materialls of the said Declaration so far as Religion is therein concerned as freely as if your Lordships had taken no resolution thereupon These things being premised And desiring your Lordships to remember what we did formerly professe in our late petition that we never were nor now are averse from any Ingagement being first satisfied in the grounds of undertaking and in the way of managing the same Wee proceed to make our humble returne to your Lordships answer of the 20th of this month to our eight desires and our papers of the 13th and 18th of the same month Whereas your Lordships conceive that your Declaration communicated unto us is a full and satisfactory answer to our eight desires we must clearly professe to your Lordships that we can find no such thing in that Declaration as a satisfaction to our eight desires But that we find diverse things in it which we humbly conceive to be very prejudiciall to these our desires and of very
dangerous consequence to the Cause of God and the Solemne League and Covenant And for the particulars wee shall expresse our sense thereof in a distinct paper as soon as we can put our thoughts in order which we hope shall be very shortly As to our other two papers give us leave to put your Lordships in mind of some particulars contained therein which we observe not to be touched much lesse satisfied by your Lordships either in your answer of the 20th Or in the Declaration as namely 1. In our paper of the 13th we desired your Lordships seriously to ponder how you can make the refusall of that demand concerning Religion a cause of warre against the Parliament of England with whom this Nation was lately ingaged in a warre for defence of the League and Covenant and the end thereof when the King was in Armes against both And yet ingage in a warre for the King whilst he refuseth to give satisfaction in that which concerns Religion and the Covenant and will come no further at the utmost then to leave the same arbitrary Shall the refusall of one and the same desire in the Parliament of England be a cause of warre and yet in the King not so much as an impediment to assistance even whilst wee have just cause to feare that he will imploy his power against the Cause and Covenant 2. Neither do we find any answer to that part of our petition of the 18th which concerneth his Majesties negative voyce there expressed under the name of such power as may not only bring the bygon proceedings of both Kingdomes in the League and Covenant in question but also for the time to come make void all the authority of Parliaments though proceeding never so rightly in reference to Religion liberties of the Kingdoms which made us desire your Lord hips might be far from intereâ—â—ing your selves in any thing that may put such a power in his Majesties hands 3. We have received no answer to that part of the same petition wherein it was desired that if any within the three Kingdomes who doe not sweare and subscribe the Solemn League and Covenant rise in Armes your Lordships will hold them all for professed Adversaries and Malignants and indeavour to suppresse them 4. Nor find we nay thing in your Lordships answer or Declaration in reference to that clause of our petition that your Lordships may let His majesty and al others know that what you intend on his behalfe is with a subordmation to Religion and the security thereof Some particulars in these two papers your Lordships are pleased to make answer unto And first to that which we desired concerning applications to be made to the Kings Majesty as well as to the Parliament of England for satisfaction in point of Religion your Lordships answer That the Parliament conceives the same way is now taken that hath been formerly which we doe not understand to be so not having knowne heretofore such a way of sending demands of this nature to the Parliament of England but that the Parliament of England were always desired to concur with this Kingdom in the sending of Propositions to his Majesty And whatsoever the Houses of Parliament have done in laying aside diverse of the Propositions concerning Religion formerly agreed upon by both Kingdomes yet we conceive it is still the duty of this Kingdome to insist with His Majesty upon their just and laudable desires for settling the Reformation and uniformity of Religion according to the Covenant for the reasons and ends expressed in our petition And so much the rather because after so many unsatisfactory answers and messages from his Majesty we doe not expect a right understanding between His Majesty and his people till somewhat proceeds from him towards a cleare satisfaction of the just desires of his people and especially in point of Religion And although his Majesty bee not presently in that condition as that hee may make a perfect settlement of Religion yet wee know not why even in the condition he now is in there may not be applications made to him for obtaining from him security and assurance for the settling of Religion according to the Covenant And whereas your Lordships by that which followeth in your answer let us know that you suspend your insisting for satisfaction from his Majesty in Religion till hee shall bee in such a condition of freedom honour and safety as his concessions may be effectuall To passe the ambiguitie which may be concealed in these last words and what concessions are meant whither His Majesties future concessions or those already granted we doe not thinke this delay safe neither can we know how long it may be Withall this clause gives some light to that part of your Lordships Declaration For His Majesties comming with honour freedome and safety to some of his houses in or neer London This honour freedome and safety being conceived by your Lordships to be such as may inable His Majesty to effectuate his concessions concerning Religion appeareth to us to bee no lesse then a restoring of His Majestie to the exercise of his royall power without security first had from him for settling Religion The second part of your Lordships answer we humbly conceive doth rather confirme then satisfie our just complaint concerning resolutions taken by your Lordships in matters of Religion without the advise and consent of the Kirke For when your Lordships say that what is now Declared by the Parliament in order to Religion is not upon any new grounds but in pursuance of the same grounds contained in the Covenant and in the acts of the Generall Assembly yea that in your Lordshps demand concerning Religion our advise was desired All this addeth to our just grievance intimating to us that your Lordships interpret the Covenant and acts of the Generall Assembly otherwise then we do forwe cannot conceive how your Lo Declarat agreeth with the grounds of the Covenant acts of the General Assembly but that it goeth upon new grounds not contained in them It is true our advise was desired in that demand concerning Religion but it was also true that the demand was resolved upon by your Lordships before our advise was desired and that the answer and advise returned from us hath not found good acceptance neither have your Lordships proceeded according to the same And whereas your Lordships say that as you have never hitherto taken any resolutions in that which concernes Religion without advice from the Kirke and here give instance in those particulars complained of by us so you shall never doe any thing that may prejudice this just interest and liberty of the Kirke of Scotland As we shall not call to minde all that is past so that which is here expressed by your Lordships doth yet further adde unto our grievance for to parallel and proportion the measure which wee may expect for the future with that which we have in these late passages
that Confession of Faith hath in it some necessary cautions provisoes and explanations which as the Generall Assembly judged necessary to be added in their Act so we do not think that part of your Lordships demand as it stands without any such caution to be safe enough which among other things shewes the danger and inconvenience of your Lordships taking resolutions in things concerning Religion without our advice and consent 5. As we desire that Reformation of and Uniformity in Religion may be endeavoured by your Lordships in all fair lawfull and brotherly wayes according to the Covenant and heartily approve any such desire as your Lordships shall send to the Parliament of England by the advice and consent of this Kirk for in joyning the Covenant and for bringing the Churches of CHRIST in the three Kingdoms to the nearest Conjunction and Uniformity in one Confession of Faith Directory of Worship and Presbyteriall Government So we would be very cautious and tender when such desires are turned into causes of War if not obtained which is the present case as we understand by your Lordships expression in the precedent Paragraph Your Lordships second demand is That the Kings Majesty may come to some of his Houses in or near London with Honour Freedome and Safety that applications may he made to him by Parliaments of both Kingdoms 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 Fredome and safty to some of his Houses in or neere 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 Majesty 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 freedom and safety is conceived by your Lordships to be such as may enable his Majesty 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 Himselfe 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 bring 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 himselfe 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 Majesty to the exercise of his Royall Power before security had from him for settling Religion Your Lordships know by our eight Desires and other wayes is conceived by us to be inconsistent with the safety and security of Religion 4. If his Majesty were once come with Honour Freedom and Safety to some of his Houses in or neare London We know not what influences he may have upon the Houses of Parliament to obstruct and hinder their presenting of Bils to Him for enjoyning the Covenant abolishing Prelacy and the Booke 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 Warre to the devastation of these Kingdomes and the ruine of our Religion and Liberties Which things we have the more cause to feare and apprehend his Majesty having declared and professed that he is obliged 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 Kingdoms 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 Parl. 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. Seeing 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 Kingdome We conceive your Lordships should not demand from nor presse upon the Kingdome of England His Majesties restitution with Honour Freedom 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 Lordsh demand as it stands for if His Majesty be brought to some of His Houses inor 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 Majesty 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 safety And is this to endeavour the settling 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 settlement 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 solid 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 Kingdom January 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 Majesty may be restored with Honour Freedome and Safety before such satisfaction had from Him we feare it shall lie as a great scandall upon this Kingdome and as too sensible and apparent a change of their former principles and professions in a point so much concerning the security of Religion 8. We are very apprehensive that your Lordships urging the disposal of the Kings Person in England in such a way as that he may come to London with Honour Freedom and Safety without his Majesties giving or your Lordships desiring his Majesty to give satisfaction and security in Religion in such things as belong to the safety of the Kingdome without which there can be no lasting security expected to Religion At it is a farre different point from the urging of a joynt interest in the disposing of the Kings Person by both Kingdomes for the good of both so it will be fudged 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 enchroachment thereupon though your Lordships 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 Majesty 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 be disbanded for the ends expressed in the demand As we think no persons what soever fit to be imployed or entrusted in the Armies of either Kingdom who have not taken the Covenant and that all Sectaries in England that are in Arms 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 Prelatical and Malignant party in armes and therther because of the late commotions begun by some of them both in England and Ireland There being also some both in Wales and Ireland actually in arms 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 Majesty and this Kingdome It is further to be considered that this Demand being joyned with the second the present Army in England disbanded and his Majesty 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 Majesty 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 laid disbanding the Garrisons necessary to be kept in England and desire that these Garrisons 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 conceal 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 Malignancie is not the way to further but to retard and hinder the disbanding of the present Army in England and to frustrate the ends 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 engagement against the Parliament and Kingdome of England but for them as we shall not presume to speak of the Nationall 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 Waâ—re as may break the Vnion 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 out whole fourth desire We humbly conceive it is very farre short of that which is no lesse your Lordships duty then our desire for 1. Your Lordships onely declare Association and Conjunction of Forces with those who shall refuse to sweare 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 thereto and so not nerckoned among 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 publike Orders for taking of the same Which being so how shall your Lordships finde the Malignants in England to be refusers of the Covenant except your Lordships enforce it upon them
or any thing else in the Declaration His Majesty may be restored to the exercise of His Royall Power before security had from Him for Religion as we desired The next qualification added by your Lordships immediately is in these words having found His late Concessions and offers concerning Religion not satisfactory where first the words having found may be variously understood either when His Majesty shall have found or when your Lordships shall have found or because His Majesty hath found or because your Lordships have found Next the words not satisfactory are as doubtfull and may be interpreted in severall sense either that His Majesties late Concessions and Offers concerning Religion are not satisfactory in themselves or that they are neither satisfactory to your Lordships nor to us or the meaning may be only that they are not satisfactory to us Which doubtfulnesse in the sense of the words we have more cause to observe because your Lordships have not hitherto returned us any clear or positive answer to our fifth desire That his Majesties late Concessions and Offers concerning Religion as they have been by the Church so may be by the Parliament declared unsatisfactory Only your Lordships are pleased here to make a light transition over that which we conceived to be unto us a grave Subject of a Solemne Declaration The third qualification in the assurance to be required from his Majestie is that he shall agree to such act or acts of Parliament and Bils as shall be presented unto Him by His Parliaments of both or either Kingdomes respectively for enjoyning the Covenant and establishing the Presbyteriall Government Directory of Worship and Confession of Faith in all his Majesties Dominions But we humbly conceive it were more for the Glory of God good of Religion and his Majesties own happinesse that his Majesty should after the example of the Godly reforming Kings of Judah and of the best Christian Emperours of old in the Christian Church Declare his own zeal and forwardnesse for the Reformation and settling Religion and that your Lordships should do well to sollicite and incite his Majesty hereunto rather then to seem to yeeld so farre as that his Majesty shall be free for his part till his Parliaments of both or either Kingdomes respectively agree what acts or Bills to present to him The preparing and presenting whereof how much it may be retarded and obstructed by the prevalency both of Malignants and Sectaries we know not seeing therefore His Majesty oweth a duty doth to God and to his people for the Reformation and settlement of Religion your Lordships may do better to sollicite his Majesty and to desire that he will positively declare himself willing and ready for his part and for that duty which is incumbent to his Majesty and that he give assurance for the same in the particulars Your Lordships further declare in reference to our eighth and last desire that you are willing to subjoyn to the grounds of your undertaking an Oath wherein both in the framing thereof and otherwise your Lordships are willing the Church shall have their due interest as formerly in the like cases Where as we know not how far your Lordships meaning doth reach in the word other wayes and in the word due so we know not why your Lordships did not think fit to agree to our desire as it was conceived and the words stood viz that there may be no ingagement without a solemn Oath wherein the Kirk may have the same interest which they had in the Solemn League and Covenant which desire is so far unsatisfied that for our interest in the matter of the Oath and in the grounds of the undertaking we do nat see it allowed or preserxed to us but rather that the Declaration holdeth forth the grounds of the undertaking already resolved upon by your Lordships only leaving us an interest in the forme of an Oath to be subjoyned and that not without some uncertain and dubious qualifications as hath been touched Mean while we see only a Declaration without an Oath and as Declarations are alterable by Parliaments and their proceedings sometimes not agreeable to their Declarations which he experience of these times hath taught us so if there were an Oath subjoined to the grounds of undertaking expressed in this Declaration we could not account it a lawfull Oath but that it would make the businesse worse Your Lordships adde somewhat further relating to the matter of our first and second desires namely that your Lordships are resolved not to engage in any War before the necessity and lawfulnesse thereof be cleared so as all who are well affected may be satisfied therewith and that reparation to such bpeaches and injurics as are or shall be condescended upon shal be demanded in such a just ane fit way as shal be found most lawfull and expedient This clause as likewise that which followeth that many of the dangers with the grounds and resolutions are by this Declaration of your Lordships made known to this Kingdom seems to hold us in suspence till all the dangers grounds and resolutions be made known and till the lawfulnesse and necessity of the War be cleared and the way of seeking reparation resolved upon yet eour Lordships may be pleased to remember that in that part of your Answer to us of the twentieth which is a return to our desire of knowing fully your Lordships resolutions and being satisfied on the whole matter we were remitted to the Declaretion as containing the grounds and resolutions of the Parliament on the whole matter As to that which followeth concerning a present putting of the Countrey in a posture of defence as in Anno 1643. we should be glad it were made to appear really that the grounds principles and end were the same now they were in the year 1643. Otherwise the like Act upon different grounds and for different ends make it not the same cause Your Lordships do indeed speak of the principles expressed in the Declaration as the same with the first principles contained in our Nationall Covenant and in the Solemn League and Covenant But what reason we have to conceive they are new and different principles may appear by the severall particulars before mentioned We cannot here passe a new interpretation which the Declaration puts upon the Solemn League and Covenant viz. That we did solemnly sweare and promise before God and his Angeli to endeavour Reformation of and Vniformity in Religion and Church-Government in all his Majesties Dominions according to the Word of GOD and the example of the best Reformed Churches Where we passe your Lordships limiting and restricting of Uniformity more then the Covenant doth which may infer that Uniformity in Church-Government between the Churches of CHRIST in these three Covenanted Kingdoms is not to be urged in any other manner or measure then we have a precedent of in other reformed Kirks but that which here we chiefly aim at is the following clause of the Declaration
viz. And not only to the utmost of our power with our mâ—an and lives to stand to the defence of our dread Soveraign his person and Authority in the prese vation of the true Religion and Liberties of the Kingdoms but also in every cause which may concern His Majesties Honour to concur according to the Lawes of this Kingdom and duty of good subjects Yet your Lordships know that no such interpretation bath beene made by the Assemblies of the Kirk of the Solemn League and Covenant as your Lordships are pleased here to make of it If it be said that your Lordships meaning was only of our Nationall Covenant yet it may be observed withall that the plain and grammaticall construction of the words will carry that interpretation either upon the Solemn League and Covenant only or both upon it and upon our Nationall Covenant However although our National Covenant only were here fixed upon concerning which there is such an expression in the supplication of the Generall Assembly Anno 1639. to his Majesties commissioner and the Lords of Secret Councell yet there are some weighty considerations which we humbly offer against the application of that Supplication of the Assembly to the present dusinesse for 1. His Majesty was at that time giving satisfaction to the publick desires of this Kirk concerning Religion We heartily wish we might say the like now 2. We do not see the Cause stated in the Declaration to be for his Majesties honour and so to fall within that duty expressed in the Declaration of the Generall Assembly And as one of the ends of the Covenant was his Majesties honour and happinesse and your Lordships also have acknowledged in your Oath of Parliament that the honour happinesse and greatnesse of the Kings Majesty doth depend on the purity of Religion as it is now established in this Kingdome So whatsoever crosseth or prejudiceth the grounds of the Covenant or any of the ends thereof cannot with us finde any such commendation as to be a cause which concerneth his Majesties honour 3. Whatsoever we owe to the King in civill matters distinct from the Cause of Religion sure all these other duties are with a subordination to the glory of God and good of Religion and we are very confident it was and will be far from the thoughts of the Generall Assembly under colour of his Majesties Honour to concur with him or any in his Name in a cause which is hurtfull and prejudiciall to the good of Religion and to the other ends of the Solemn League and Covenant yet the cause stated in the Declaration we humbly conceive to be such 4. It may be remembred that the Crosse-petition having cited the same clause of the said Petition of the Generall Assembly and making use thereof in order to an engagement in War in his Majesties quarrell against the Parliament of England was declared against by the Commission of the Generall Assembly Anno 1643. And among other particulars it was then declared that the limitations expresly mentioned in the words cited out of the Assemblies Supplication viz. according to the Lawes of this Kingdom and duty of good Subjects were interpreted by some that spake at the time in the generall Assembly to be all one as if it had been said within this Kingdome we not knowing of any Lawes of this Kingdome of further extent It was also then observed any may now be applied and remembred that the Nationall Covenant having been subscribed in the Yeares 1581. and 1590. before King James was King of England and being qualified in the particular Heads and Articles by expresse limitations and restrictions to this Kirk and Kingdome to the Religion Laws and Liberties of Scotland can no more be extended to municipall debates and to the Laws and Liberties of England unto which we are strangers then the Kingdom of England can judge of our Lawes and determine our differences the two Kingdoms being still independent each on other and not subordinate one to another as the first Article of the large Treaty fully declareth As to that we find in the close of the Declaration that this Kingdome of Scotland will now make it evident as they have often declared that their quietnesse stability and happinesse doth depend upon the safety of the Kings Majesties Person and maintenance of his greatnesse and Royall authority who is Gods Vicegerent set over us for maintenance of Religion and ministration of Iustice we shall only put your Sordships in mind that your National Covenant joineth with his Majesties Safety his good behaviour in his Office and saith That the quietnesse and stability of our Religion and Kick doth depend upon the saety and good behaviour of his Maiesty as upon a comfortable Instrument of Gods mercy granted to this Countrey for the maintenance of his Kirk and ministration of Justice Otherwise if a King do not his duty for the Maintenance of the true Religion and Ministration of Iustice it is ot his safety alone that make his Peaple to be in quietnesse and happinesse Withall as our quietnesse and happinesse dependeth on his Majesty and his doing of his duty as an Instrument and Minister of God for good So the Honour Greatnesse and Happinesse of the Kings Royall Majesty and the welfare of the Subjects depend upon the purity of Religion as is well expressed in your Lordships Oath gf Parliament And now we shall with your Lordships favour and permission make this conclusion upon the whole matter That as we neither were nor are against an Engagement with this Kingdom in War but have been and shall be willing to consent thereto if once satisfied in our consciences concerning the clearnesse lawfulnesse and necessity of the Cause and quarrell and concerning our calling manner of proceeding Instruments to be entrusted security to be had for Religion and other particulars contained in our former Papers not yet satisfied by your Lordships So we are necessitate to professe and declare to your Lordships that we cannot we dare not in our consciences agree to an Engagement upon such grounds and in such a way as is stated in your Lordships Declaration And therefore for our exoneration do dissent from the whole complex businesse in the said Declaration as not containing clear and convincing grounds of undertaking of a Warre nor providing for the security of Religion nor clearly disclaiming his Majesties late Concession and offers as unsatisfactory nor tending to the suppression of the Malignant party but rather to compliance with them as we humbly conceive nor preserving the Liberties and known interest of the Kirk nor proposing the way of Treaties and all other wayes of Peace to be sought and assayed before a Warre For which reasons and others before mentioned upon the particular heads of the Declaration we plainly declare our dissent from the complex circumstantiat state of the present businesse contained in the said Declaration and take to witnesse God Angels and men that your Lordships have not
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 London Printed for T.R. and E. M. 1648. A DECLARATION Of the COMMISSION of the GENERALL ASSEMBLY to this whole Kirk and Kingdome concerning the present publike proceedings towards an engagement in Warre so farre as Religion is therein concerned GOD onely wise who is wonderfull in counsel and excellent in working whose thoughts are not like mens thoughts nor his wayes like mens wayes Who sometimes by weak and unlikely meanes and often by contrary meanes useth to work out the greatest works of his glory and the greatest salvation to his people After he had broken the Egyptian Antichristian yoke first in this then in the neighbour-Kingdome with a mighty hand and a stretched out arm and had also brought us through a red Sea of a bloody opposition and Warre yea after we were near the wished for Reformation and Peace He hath againe reduced us to such extreme difficulties and dangers as makes many in their haste apt to wish they had not come out of Egypt or that they were returned thither againe How great and how many soever our dangers be The Lord is righteous in all his wayes and holy in all his Works and he hath punished us lesse then our iniquities deserve Among many other provocations that of Sinfull compliance is one which the present judgments of God in both Kingdomes do more especially and more distinctly proclaime and speak out Eccho-wise unto us Sectaries in the one hand and Malignants in both were so much connived at and complied with that God hath most justly made them on both sides to be thorns and scourges to these that cherished them when they should have suppressed them But as we will beare the indignation of the Lord because we have sinned against him So we encourage our selves in our God and trust that when he hat humbled and proved his people he will do them good in their latter end Blessed are they that wait for him and live by faith and keep their garments clean for they shall see the good of Jerusalem and peace upon Israel yea God shall work so much good out of all the greatest evils which now afflict them that they shall say in end We had perished unlesse we had perished and the work of God had not been done if it had not been undone It is one door of hope to us that God hath raised up the spirits of many of his servants in divers places and Provinces of England to joyne together in witnessing a good confession and giving a fair publike testimony for the truth of Christ for the Covenant for the Presbyterial Government and against that abominable Toleration of most dangerous Errors Heresies and Schismes These Testimonies we have seen to our great joy and comfort and have beene much refreshed thereby trusting that so many publike Testimonies as have been given in both Kingdomes for the Covenant and against the Toleration of Heresie or Schisme shall not be in vaine but that God shall lay open those that resist the truth so as they shall proceed no further but their folly shall be made manifest unto all men And we not doubt but that such shoutings shall be heard among the Churches of Christ Shame shame upon the way of the Sectaries Grace grace upon that Covenant and Reformation which the Sectaries opposed Our present-work is at home To give an Antidote against these Malignant designes now brought to so much maturity and withall to clear our owne late Proceedings which some are content to misunderstand except they also misrepresent them to as many others as they can yea some are so skilful in coyning others so bold in outing and a third sort so weak and simple in believing lies and calumnies that euery conscientious man hath cause to pray at this time Deliver my soul O Lord from lying lips and from a deceitfull tongue That we may therefore lay more open the truth of matters we shall not now so farre runne the back-trade as to insist upon the rise and progresse of these present evils nor upon the grounds of our former feares and apprehensions of dangerous and malignant designes heretofore on foot It shall be sufficient at this time to make known the late passages since we received His Majesties Letter dated at Carisbrook Castle December 27. 1647. together with a Narrative in writing of his Majesties concessions and offers concerning Religion and what his Majestie is content to do for this Kingdome upon a good agreement under which expression we know not how much may be comprehended That Letter and Narrative together with the reports which then this Kingdome was full of that his Majesty had given satisfaction to the publike desires concerning the Covenant and Religion thereby to make the people secure and the better to animate them unto an engagement in his Majesties quarrel did minister occasion to our late Declaration which although extremely opposed and maligned by such as found their projects thereby crossed yet hath found such generall and good acceptance in this Kirk of Scotland that we have already received not onely from divers Presbyteries but from the most part of the Provinciall Synods most affectionate Letters of thanks for the same as namely from the Provinciall of Lothian and Tweddale Eyffe Mense and Tiviotdail Perth and Stirlin Angus and Mernes Glasgow and Air Dumfreis Galloway and Aberdeen And we doubt not but that the few other Provincials would have done the like but that being in more remote places they had not the opportunity to be so soon acquainted with the condition of publike affairs Not long after the emitting of that Declaration we were desired upon the 15 of March by the Committee of Parliament to appoint some of our number to conferre with their Lordships which we did But upon the 17. of that moneth understanding that a Vote had past in Parliament upon the 16. concerning Berwick and Carlile which Vote as it was dissented from and protested against by divers Members of Parliament who have beene most zealous and constant since the beginning so we conceived to be a predetermining of the subject of the Conference and to be of exceeding dangerous consequence to the cause of God and ends of the Covenant We were thereupon discouraged from entertaining that Conference and so resolved to delay it till we should give further Order to those of our Number appointed on the Conference After this upon the 22. of March we did for our owne exoneration and for a cleare understanding between the Honourable Court of Parliament and us represent to their Lordships eight
20. the reasons of our not proceeding in that conference and that the cause was not in us We do now as the servants of Iesus Christ for our own exoneration for preventing of mistakes and for a cleare understanding between your Lordships and us represent these our humble desires which we recommend to your Lordships serious thoughts I. That the grounds and causes of undertaking a Warre may be cleared to be so just as that all who are well affected may be satisfied in the lawfulnesse and necessity of the engagement and that nothing be acted in reference to a Warre before the lawfulnesse of the Warre and state of the Question be agreed upon II. That as the breaches of the Covenant by the prevalent party of Sectaries are evident so we desire and hope that according to the Treaty it may be condiscended upon and declared by the parliment what are those breaches of Peace which they take to be a ground of War and that reparation thereof may be sought III. That there may be no such quarrel or ground of the War as may break the Union between the Kingdomes or may discourage or disoblige the Presbyterian party in England who continue firme in adhering to the League and Covenant IV. That if the Popish Prelaticall or Malignant party shall again rise in Armes this Nation and their Armies may be so farre from joyning or associating with them that one the contrary they may oppose them and endeavour to suppresse them as enimies to this Cause and Covenant on the one hand as well as Sectaries on the other V. Seeing your Lordships undertaking should be in the first place for Religion We desire that his Majesties late Concessions and offers concerning Religion as they have been by the Church so may be by the Parliament deelared unsatisfactory whereby your Lordships may give further evidence of the reality of your intentions for the good and safty of Religion VI. That your Lordships may be pleased not to fix or settle upon any such state of a Question as doth not containe security to be had from his Majestie by his solemn Oath under his hand and seal That he shall for Himselfe and his Successors consent and agree to Acts of Parliament enjoyning the League and Covenant and fully establishing Presbyterian Government Directory of Worship and Confession of Faith in all his Majesties Dominions and that his Majesty shall never make opposition to any of these or endeavour any change thereof And that this security be had from his Majesty before his Restitution to the exercise of his Royall power Which desire we propone for no other end but because we cannot see how Religion which hath been and we trust shall be the principal end of all the undertakings of this Nation can be otherwise secured but that without this security it shall be left in very great hazard VII That for the same end of securing Religion which is professed to be the principall cause of engagement and for securing all other ends of the Covenant such persons only may be intrusted by your Lordships to be of your Committees and Armies as have given constant proofe of their integrity and faithfulnesse in this Cause and against whom there is no just cause of exception or jealousie That so we may the more confidently encourage our Flocks and Congregations to follow the Cause of God in their hands and not to doubt of the fidelity of those who shall be entrusted by your Lordships VIII That there may be no engagement without a Solemn Oath wherein the Church may have the same interest which they had in the Solemne League and Covenant the Cause being the same All which desires being duely pondered by your Lordships in an equall balance will we trust be found just and necessary and do not doubt but satisfaction from your Lordships therein 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 Honour and Happinesse of the King the Peace and safty of the Kingdomes A. KER Edinb 27. March 1648. Answers of Parliament to the Desires of the Commissioners of the General Assembly represented by them to the Parliament THe Estates of Parliament now conveened in this first Session of the second Trienniall Parliament having considered the desires of the Commissioners of the Generall Assembly represented to them They after full debate and consideration concerning the same for answer to the first desire 1. Declares that the grounds and causes of undertaking of war shall be cleared to be so just as that all who are well affected may be satisfied in the lawfulnesse and necessity of the engagement And declares that they will be very carefull that nothing be acted in reference to a warre during the conference and untill the same be reported to the Parliament 2. Item For answer to the second desire The Estates of Parliament thinks fit that the breaches of the Covenant and Treaties be represented And the seeking of Reparation and the best time and manner thereof considered and appoints the Committee of twenty foure or such of their number as they shall appoint to do the same 3. Item For answer to the third desire The said Estates of Parliament declares that this Kingdome will be so farre from making warre against the Kingdome of England That any engagement they shall enter into shall be for strengthening the union betwixt the Kingdomes And for encouraging the Presbyterians and well-affected in England 4. Item For answer to the fourth desire The Estates of Parliament agrees to the substance and matter of this fourth desire And remits to these who are to be upon the conference for stating the question to explaine the same 5. Item To the fist desire The Estates of Parliament for answer to this desire declares That upon the agreement on the haill matter and state of the question they will declare his Majesties concessions concerning Religion not to be satisfactory 6. Item to the sixt desire The Estates of Parliament for answer to this declares That since Religion hath been and they trust ever shall be the principall end of all the undertakings of this Kingdome So they will be carefull that the present question to be stated shall containe security and assurance to be had from his Majesty be his solemne oath under his hand and seale That he shall for himselfe and his Successors give his Royall consent to passe acts of Parliament enjoyning the League and Covenant establishing Presbyterian Government the Directory of worship and Confession of Faith in all his Majesties Dominions and that his Majestie shall never make any opposition to any of these nor indeavour any change thereof And as to that clause viz. That this security be had from his Majestie before his restiution to the exercise of his Royall power The Estates of Parliament remits this to these on the
should strike equally on both hands beginning to reforme at home Your Lordships say well that the not takers of the Covenant are by the joynt Declaration of both Kingdomes declared to be publicke enemies to Religion and Country and are to be punished as professed Adversaries and Malignants but we wish your Lordships may not forget to apply that passage of the said Declaration to those who have not to this day taken the Covenant in England and that therefore they may bee lookt upon by your Lordships as common enemies which ought to be suppressed and punished The laying aside of the Covenant out of the new Propositions sent to his Majesty to the Isle of Wight we utterly disapprove and are heartily sorry for it but we wish there had not beene some guiltinesse of this same kinde at home when it was carried in the Committee of Estates that there should be no mention of the Covenant in the publicke desires sent up in August last to his Majesty And whereas your Lordships doe enumerate amongst these breaches of Covenant That they who ought to be brought to tryall and condigne punishment for hindering the Reformation of Religion dividing the King from his People one of the Kingdomes from another or making any faction or party among the People contrary to the League and Covenant have been protected and assisted We shall here onely 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 we doe not doubt but the thing it selfe is necessary both by the Word of God and Solemne Covenant viz. That justice bee 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 wee leave it to your Lordships consideration whether you doe 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 simply to the Parliament of England as they thinke 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 in stead of a firme Union and Peace between the Kingdomes a breach hath beene endeavoured which cannot be denyed to be a breach of Covenant and therefore a rocke to bee the more carefully avoyded It is our griefe that there is also cause to complaine of the Malignant party at home as no lesse guilty of endeavouring a breach between the Kingdomes The attempts injuries and violences of that party of Sectaries against his Majesties Royall Person and the hard condition he is reduced unto by their meanes we are very sensible of And as we have often before professed our prayers and endeavours according to our place and calling have not beene 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 Majesty 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 security and assurance had from his Majesty might be a powerfull and effectuall meanes As wee know not whom your Lordships meane when you speake of such as had warrant from the Parliament of this Kingdome for accesse to his Majesty and yet were debarred and as no violence nor injury offered to a publicke Minister of another Kingdome can be excused so we are informed that the Souldiers Act in removing once the Earle of Lauderdale from Wooburne was not onely disclaimed but his Lordship often thereafter permitted free accesse to his Majesty 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 hold forth any convincing clearnesse to us Yea so far as we understand the thing whereunto the Kingdome of England was bound by the Treaty was not insisted upon by the Commissioners of this Kingdome at London but an alternative for assistance against the Rebells by Forces or Monies After which the Parliament of this Kingdome made a desire of assistance by monies 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 We hope your Lordships will find it the more inexpedient to insist upon the not obtaining of that assistance by monies 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 Country but many in places of trust have never taken it neither are urged to take it Certainly such slieghting 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 onely 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 chiefe corporations in England whereupon both the Generall Assembly and the Parliament of this Kingdom 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 Kingdom of England may be brought a further length in the performance of this duty 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 divers Provinces in England As for the last breach which your Lordships conceive to be against the eighth Article of the same Treaty 1643. We 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 onely we offer it to your Lordships further consideration whether this breach be not at least disputable there being no mention at all in that Article of Proposalls 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 Bils 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 Majesty We shall crave leave that we may desire to to in formed 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 unto him by his Parliaments of both or either Kingdoms respecitivè We might also insist upon some Papers and Propositions presented to his Maj. from this Kingdom at Newcastle and much more upon the Pacification concluded there with his Majestie in reference to the disbanding and removing of the Rebels in this Kingdome and that in a single way as we conceive without the knowledge and concurrence of the Parliament of England But we shall come to that which your Lordships make the result upon all these breaches of Covenant and Treaties viz. That they call upon your Lordships to a duty to GOD your King and Country and to your oppressed Brethren in England which your Lordships speake more plainly in the next Clause giving us to understand that those differences or breaches are such as if not repaired by amicable indeavours may otherwise necessitate this Kingdome to ingage in a warre but that first your Lordships intend to send the three desires next mentioned in the Declaration to the Parliament of England And this is all the satisfaction we find to our second desire which was That according to the Treaties it may bee condescended upon and Declared by the Parliament what are those breaches of Peace which they take to bee a ground of Warre and that reparation thereof may bee sought But as wee see no breach of Peace instanced in the Declaration and as the three breaches of Treaties insisted upon by your Lordships seeme to bee at least debatable So wee heare nothing of any resolution of parliament that such breaches as are or shall be condescended upon by your Lordships shall be made known and sent to the Parliament of England as we expected and they have desired by their Commissioners here Onely we hear of three desires to be sent to the Parliament of England for Religion His Majestie and the Good and Peace of these Kingdomes Wee conceive its the best and most justificable way of proceeding that publicke as well as private injuries be declared and made knowne to those whom it concerneth to give satisfaction therein Besides all this we fear your Lordships will hardly avoid a Nationall quarrell against the Parliament of England if the three instances before mentioned be insisted upon as breaches of Treaty to infer a War because when the Houses were most free and when there was no such over-awing influence of the Sectaries party even then they did not suppresse the Irishes in this Kingdome they did not enforce the Covenant on all their Officers much lesse on all English Subjects neither would they then admit that they were oblieged by Treaty not to send Propositions of Bills to the King without the concurrence of this Kingdome In all this that we have said it is far from our meaning to assume any judgement of the Treaties betweene the Kingdomes Only because your Lordships have remitted us to the Declaration for satisfaction to our consciences as in other particulars so in this of the breaches We have humbly represented to your Lordships wherein we are not clear and satisfied in our consciences to consent and concur for our part upon such grounds And withall seeing it is not only our desire as Messengers of peace but your Lordships professed resolution in this Declaration that you will assay all Brotherly and amicable ways for repairing differences and making up breaches We recommend it to your Lordships serious thoughts whether it will not be most agreeable to that Brotherly way of proceeding between two Kingdomes in Covenant together to desire a Treaty with the Parliament of England concerning the breaches and demands mentioned in this your Declaration Especially seeing the way of Treaty was the way thought fit to be used in the years 1639. and 1640. before the Kingdomes were joyned in Covenant How much more now being so conjoyned are all possible and lawfull wayes to bee tried for preventing the effusion of more blood In your Lordships first demand which concerneth Religion there are some things wherewith wee cannot in our consciences bee satisfied as namely 1. Because the first two particulars therein contained viz. concerning the taking of the Covenant and practising of the Directory of Worship are pressed only upon Subjects which may be interpreted as tending to exempt the Kings Majesty not only from taking the Covenant which yet was laudably desired in the Propositions of both Kingd but from having the Directory of worship practised in his family which was a liberty that his Majesty reserved to himselfe in his late Concessions sent to us and in diverse messages before sent to the Houses of Parliament at Westm 2. We find nothing in this demand of any application to be made at or about the same time to the King for obtaining assurance from his Majesty for his Royall consent But of this we have expressed our selves more fully in answer to your Lordships Paper of the twentieth of this moneth 3. Althogh this is the second time your Lordships cite in this Declaration a passage of the joynt Declaration of both Kingdoms by which all that would not take the Covenant were declared to be publick enemies to their Religion and Countrey and that they are to be censured and punished as professed Adversaries and Malignants yet we find no such thing declared or resolved by your Lordships in this Declaration in reference to those who have not to this day taken the Covenant as that you will hold them all for professed Adversaries and Malignants We hope your Lordships will not think it just nor equall to presse such a rule upon the Parliament of England except your Lordships be pleased to walk according to that rule your selves 4. Your Lordships do simply and absolutely desire that the Confession of Faith transmitted from the Assembly of Divines at Westminster to the Houses be approven whereas the Act of the last General Assembly approving
the trust of the publicke affaires of the Kirk determine judge and declare by an antecedent judgement matters so highly concerning Religion as these contained in the Parliaments late Declaration Wherein there are not onely dangerous expressions concerning the Confession of Faith Directory of Worship and Presbyteriall Government as we have particularly instanced in our late Declaration but likewise in the close a strange and new sense put upon the Covenant and Acts of Generall Assemblies without so much as first consulting us concerning such a sense thereof which might have beene prevented if they had consulted us therein Notwithstanding of all which the Declaration being communicate to us from the High and Honourable Court of Parliament and wee having promised a speedy returne thereto which accordingly after eight dayes we performed the matter being copious the Declaration was ordered by the Parliament to be Printed and the three demands contained therein sent away to England with out staying a little for cur Answer which we had let them know we were preparing whereas a very short delay might have by the blessing of God brought unto their Lordships more light and matter of second thoughts We can as easily acquit our selves of any incroachments upon the unquestionable Rights of Parliament We are obliged by Solemne Covenant to endeavour the preservation of the Rights and Priviledges of Parliament And to encroach upon the same were indeed a hainous crime wherewith if any shall reproach us let them take heed what the ninth Command will exact of them yet they who will remember how in all ages the most faithfull servants of God have usually been traduced as troublers of and encroachers upon the Rights of the Civill Magistrate will not much marvell that what hath been is now As to the three instances mentioned in the Letter to prove that great encroachments are made upon their Lordships unquestionable Rights First it is said What can be more civill then to determine what Civill duties we ought to pay to our King or what Civill powers hee ought to be possessed of We aske again whether in our late conferences with their Lordships concerning an engagement in War there was any thing more proper to be insisted upon by us then the securing of Religion before all worldly interests and particularly that security may be had from his Majesty for the point of Religion before his restitution to the exercise of his Royall power Must not duties to God whereof the securing of Religion is a maine one have the supream and first place duties to the King a subordinate and second place Next as we have not determined what Civill duties the Parliament ought to pay to the King or what Civill powers he ought to be possessed of and as it is competent to the Parliament to judge of Civill duties between the King and his People in their owne way so can we not admit that it is proper and competent onely to them to judge of those duties for the duties of the second Table as well as of the first as namely the duties between King and Subject Parents and children Husbands and Wives Masters and servants and the like being contained in and to be taught and cleared from the Word of God are in that respect and so far as concerneth the point of conscience a subject of Ministeriall Doctrine and in difficult cases a subject of cognizance and judgement to the Assemblies of the Kirke And here it is not to bee passed that the Kirke of Scotland in the large Confession of Faith ratified by Acts of Parliament did long since determine the duties of the King and Subjects The like whereof may be seen in the other Confessions of Faith of the Reformed Churches Secondly whereas it is said Is there any other Authority in this Kingdom but that of the Parliament and what flows from them that can pretend Authoritative power in the choice of the Instrument and Managers of their publik Resolutions We humbly ask is there any Ecclesiastical Authority within this Kingdom that hath pretended or doth pretend to such a power for we know no such thing An Authoritative power and choice of the Instruments to be entrusted in Committees of Parliament Armies doth not belong unto us but unto the Parliament Nevertheles it was very competent for us among other things requisite for the safety and security of Relâ—gion and our Solemne Covenant to represent to the Parliament the Qualifications which we judged from Gods word to be necessary in such as are entrusted with the managing of so great Affaires and so highly concerning our Religion and Consciences Which we have had the more reason to insist upon for our owne and others satisfaction we being desired to joyne and concur in the businesse Suppose a Minister preaching before the Election of Magistrates which is usuall and shewing from the Word of God the Qualifications requisite in Magistrates and that none ought to be chosen but such as are so and so qualified who will challenge such a Minister of assuming the Authoritative power of choosing Magistrates And if the choosing of particular Magistrates in Cities and Boroughs contrary to the Rules and Qualifications of the Word be sinfull and blame-worthy how much more the committing of so great a publicke trust in Committees and Armies to divers not qualified with the necessary Qualifications To the third Instance which asketh Is it a subject for the Dispute of Church Judicatories whether his Majesty hath a negative voice in Parliament or not We answer so far as the Scriptures of the Old or New Testament hold forth any light to us what Power is due and what is not due to Kings it well agreeth with our places and callings to communicate such light to others as we see need Wee know no Church Judicatory that hath disputed whether his Majesty hath a negative voice in Parliament but we had just reason to supplicate the Parliament that they might not interest themselves in any quarrell for his Majesties Negative voyce because of the great dangers which may thereby come to Religion not onely by future disappointments of the so much desired settlement of Church affaires but by quarrelling the Solemne League and Covenant it selfe and the begun Reformation and Uniformity in Religion which hath been purchased with so much pains hazards losses and sufferings And now we shall take all these three instances joyntly and make this further answer to them all First although the points had been meerly Civill yet by the Confession of Faith agreed upon by the Assembly of Divines at Westminster and approved by the Generall Assembly of the Church of Scotland as sound and Orthodox as the Act more particularly beareth we are allowed to apply our selves to the Parliament by way of humble supplication even in Civill matters The Parliament also having in their Declaration expressed their desires and resolutions that the said Confession of Faith be confirmed and established have upon the matter allowed
us to supplicate their Lordships concerning such things Next we say that in all the three instances which are given our supplications and desires were to avert what we justly conceived to be destructive to Religion We hope no man will have the face to say that the Assemblies of the Church may supplicate against dangers of Religion which fall within the first Table but not against dangers of Religion which fall within the second Table or that they may supplicate against dangers of Religion arising from other men but not against dangers of Religion in which his Majesty is any way concerned or which flow from a bad choice of the Instruments and managers of publicke resolutions The Episcopall disease of medling with Civill affaires we trust through Gods mercy neither hath nor shall have any place among the Ministry of this Kingdome who by their Nationall Covenant abjured the Civill places and power of Kirk-men Onely we shall desire it may be remembred that there were other Episcopall diseases and distempers beside this as namely encroaching upon the liberties and priviledges of Ecclesiasticall Assemblies the forcing of the consciences of Gods people and persecuting such who could not in conscience obey Wherefore it is necessary that all the Episcopall evills and disorders be carefully avoided And as we doe not doubt the ensuing Generall Assembly will doe what shall be fit for them to prevent the villifying and contemning the authority of Parliament if it be found in danger to be villified so we humbly conceive they will not be unmindfull to prevent the villifying and contemning of the authority of their owne Commissioners The following clause in the Letter putteth over to the Generall Assembly any of the Ministery who shall offer to stir up the Subjects of this Kingdome to disobey or deny to give Civill obedience to their Lawes it being expresly provided by the second and third Acts of King James 6. his 8. Parliament in Anno 1584. that none of his Majesties Subjects under the paine of Treason impugne the Authority of Parliament Where first we shall desire that two knowne distinctions which in this passage of the Letter seem either to be confounded or forgotten may be remembred Civill obedience to Acts of Parliament is either in things unlawfull and contrary to the Word of God or in things lawfull and right In the former case it is a sin to obey in the latter case a sin not to obey Againe the Authority of Parliament is one thing an Act of Parliament another thing We doe still acknowledge their Authority when we obey not this or that Act. And whatsoever bee the Treason of impugning the Authority of Parliament it can be no Treason to obey God Father then man Neither did the Generall Assembly of Glasgow 1638. and such as were active for the Covenant at that time commit any Treason when they impugned Episcopacy and Perth Articles although ratified and strengthened by Acts of Parliament and standing Laws then unrepealed As to the two Acts cited in the Letter if the Order of the Printed Acts be followed the third hath nothing in it of what it is cited for neither know we for what use it can be cited and applyed except to the abridging of the Liberties of Ecclesiasticall Assemblies for it dischargeth all Judicatories and Judgements Conventions and Assemblies Ecclesiasticall without his Majesties speciall licence and Commandement which how contrary it is to the word of God to the example of the primitive Church to the Judgement of found Divines to the Liberties of this Kirke and to our Solemne Covenants is more manifest then to need that we should insist upon it But if the Order of the unprinted Acts be followed the second of these Acts doth not mention the Authority of Parliament but of his Majesty and his Councell However we are heartily sorry for the citation of the acts of that Parliament a Parliament which reintroduced Episcopacy and so made defection from the Nationall Covenant sworne three yeares before For Captaine James Stewart then Earle of Arran and Chancellour and the few Prelates of that time contrived and procured such Acts of Parliament as might serve their ends The same Acts were alleadged and urged by his Majesties Commissioner in Anno 1638. for Episcopacy whereunto this Answer was made at that time The Acts of Parliament 1584. are of severall natures but they were protested against by the Ministers of Edinburgh in the name of the Kirke of Scotland at the Market Crosse of Edinburgh when they were proclaimed and as they were made in that time which was called the houre of darknesse of this Kirke Tyranized over by the Earle of Arran so are they repealed 1542. Cap. 114. It is not to be forgotten That after the making of those Acts of Parlament they were so generally disliked by al good men that the chief Courtiers of that time thought it necessary to employ Master Patrick Adamson a chiefe deviser of these Acts to make a Declaration of the meaning thereof in his Majesties Name which he accordingly performed Concerning which Declaration the said Master Patrick pretended Archbishop of St. Andrews did afterwards in his renunciation make this Confession As where I am burthened to be the setter forth of a Booke called the Kings Declaration wherein the whole Order of the Kirke is condemned and traduced I protest before God that so I was commanded to write the same by the Chancellour for the time but chiefly by the Secretary another great Courtier who himselfe penned the second Act of Parliament concerning the Power and Authority of Judicatory to be absolute in the Kings Power and that it should not be lawfull for any Subject to reclaime from the same under the penalty of the Act which I suppose was Treason Beside that Declaration his Majesty himselfe having received a supplication from divers well-affected Ministers with their Animadversions upon the said Acts of Parliament did pen with his owne hand another Declaration of the meaning thereof But by both those Declarations it may be easily understood that the said Acts were intended for innovating and changing the Government and Discipline of this Kirke for setting up Bishops and for suppressing the best Ministers and accordingly they were made use of afterwards for the ground of a charge against the Ministers that were banished It shall not be amisse here to insert that part of the Ministers Animadversions given in to his Majesty at that time which concerneth the second Act of that Parliament the words are these As concerning the second Act the Narration thereof appeareth to bee slanderous against some of the Ministery which wee would wish to be reformed or otherwise conceived except the truth thereof were verified And as to the substance of the Act it selfe it attributeth to your Majesty a Sovereigne power of Judgement not onely upon the persons of your Subjects but also in all matters wherein they or any of them shall be apprehended summoned or charged
in themselves and flowing from the grounds aforesaid as they ought in equity to have been granted so they ought yet to be granted by the securing of Religion staying the present Levy and according to our former desires by essaying Treaties with England applications to His Majesty and all other faire and amicable wayes for removing the differences betweene the Kingdomes before sending any forces to England or any other way of engagement in War And least the taking of Barwicke and Carlisle which is so scandalous to this Nation bee looked upon by England as a breach of Union on your part That your Lordships would be pleased to make it appeare that neither the Parliament or any of your number have had any accession to the surprisall or supplying of these Townes nor shall we have any correspondence or complyance with those who have been actors therein We doe also conceive it necessary for satisfaction of the Petitioners That his Majesties late Concessions and offers concerning Religion may by your Lordships directly and positively be declared unsatisfactory to this present Parliament That although we would not be understood as if we have had or have any thoughts of declining the restoring of his Majesty to the same condition Hee was in by the agreement of both Kingdomes when he was taken away by a party of the Army under Sir T. Fairfax that both Kingdoms may freely make their Applications to him yet your Lordships would be pleased to Declare That there shall be no engagement for restoring his Majesty to one of his houses with Honour freedome and safety which doth amount to no lesse then the restitution of his Majesty to the exercise of his Royal power for the reasons holden forth in our late Representation never yet answered before security and assurance be had from his Majesty by his solemn Oath under his hand and seal That he shall for himself and his successors consent and agree to Acts of Parliament injoyning the League and Covenant and fully establishing Presbyterian Government Directory of Worship and confession of Faith in all his Majesties Dominions and that his Majesty shall never make opposition to any of these or endeavour any change thereof That your Lordships wil make it appear that you mean to be far from interesting your selves in any quarrell for his Maj. that may put into his Majesties hands such power as may not only bring the by-gon proceedings of both Kingd in the League and Covenant in question but also for the time to come make void all the authority of Parl. though proceeding never so rightly in reference to Religion and Liberties of the Kingdomes That a clear and direct course be laid down and declared not only not to associate nor joyn in Councels or Forces with the Popish Prelaticall or Malignant party but also to oppose and effectually indeavour to suppresse all such of them as have already risen or shal hereafter rise in Arms upon whatsoever pretence as enemies to the Cause and Covenant on the one hand as well as Sectaries on the other That nothing be don in carrying on the engagement which may break the union of the Kingdomes or may discourage or dis-obliege the Presbyterian party in England Because it is our grief and the grief of all the well-affected that those who have been of constant and approved integrity in the Cause and have been very instrumentall under God for our deliverance should be forced for want of satisfaction to their consciences to leave the service and that others who have not given constant proofe of their integrity and faithfullnesse and against whom there is just cause of exception and jealousie so that we cannot exhort our flocks to be confident of their fidelity yea and divers that have been in reall opposition to the Cause are entrusted with the managing of your Lordships publik resolutions That therefore your Lordships will be pleased in your wisdome to provide a timous remedy herein That there be no Engagement without a Solemn Oath wherein the Kirk may have the same interest which they had in the solemn League and Covenant the Cause being the same As we doe humbly insist with your Lordships for satisfaction to our former desires expressed in our former papers so it is our humble petition to your Lordships That in such things as have beene ordained by your Lordships and put in execution by your Order contrary to some of these desires some effectuall remedy may be found out by your Lordships wisdome and goodnesse for the helpe thereof That all who since the beginning of this Levie through tendernesse of conscience have suffered any wayes may be repaired all unusuall and grievous courses impoverishing good people and utterly disabling them to subsist may be hereafter avoided and the intolerable insolency prophanenesse blasphemies and manifold outrages that of late have appeared in the Souldiers may be severely punished and repressed That no Ordinance nor Order may issue from your Lord hips in prejudice of the liberties of the Kirke and of the free exercise of any part of the Ministeriall calling all which they have from Jesus Christ the onely Head and Law-giver in his Kirke and which your Lordships are obliged by solemne oath in our Covenants to maintaine And that as it is our griefe that whilst your Lordships have been seeking our advice you have been and are making grievous Acts as we are informed so we desire your Lordships in the feare of God to be wary of making or maintaining such Acts and namely That you put not the power of arbitrary Government in the hands of any intrusted by your Lordships nor ordaine any Oaths to be imposed or exacted that may be snares to mens consciences All which we seriously recommend to your Lordships as you desire not to provoke against your selves and your posterity the wrath of the most High God and that the Lord should not avenge the quarrell of a broken Covenant upon the Parliament and Kingdome of Scotland But if your Lordship shall be pleased to hearken to our humble advice and to satisfie the consciences of the well-affected in the Kingdome to the worke of Reformation by granting their just desire Your Honours shall be blessed of God the Lord of the whole earth the people of God shall blesse you in the name of the Lord and blesse the Lord for you You shall binde up the wounds of this distressed and distracted Kingdome endear the affections of the well-affected disappoint the designes of the disaffected and your Names shall be a praise unto the present and succeeding generations And wee shall powre out supplications before him who sitteth and judgeth among Gods to endue your Lordships with the Spirit of counsell and of the feare of his Name that your Resolutions may be rightly ordered and tend to his glory the security of Religion the honour and happinesse of the King and his posterity and the peace and safety of the Kingdomes A. KER
which we suppose your Lordships intend not to do 2. Your Lordships do not declare that if any who have not taken and shall not take the Covenant nay 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 onely your Lordships say you will not associate nor joyn forces with them 3. Wheras your Lordships say That you will be so farre 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 with is more nor probable as to conceal 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 instead of opposing or endeavouring to suppresse them that you shall both protect their persons and estates and also joyne or associate Forces with them In all which we have the more cause to be full of feares and apprehensions because of so many English Malignants even now protected and entertained in this Kingdome in hopes of military imployments yea diverse of them as we are informed such as have served against this Cause and Covent As to that which sollowes relating to our seventh desire concerning such as are to be intrusted in Armies and Committees we shall need to say no more then was expressed in our humble representation March 29. Namely that your Lordships omit in your Answer some of the qualifications expressed in our desire viz. such as have given constant proofe of their integrity and faithfulnesse in the Cause and against whom there is no just cause of jealousie that so we may the more confidently encourage our Flocks to follow the Cause of God in their hands and not to doubt of their fidelity Which qualification being contained in our desire and omitted in your Lordships Answer we are not without feares that this omission may be made use of by some as if your Lordships had not meant to agree sully to that desire and so take occasion to deale for employing and entrusting such in the Committees and Armies as may be justly excluded by the qualifications contained in our said desire These things having beene before presented to your Lordships and there being nothing in your Lordships Declaration to satisfie or take off these our feares but such expressions insisted upon as keepe aloof from the qualifications desired by us all that are unbyased may easily judge whether we have not herein some reall ground to be unsatisfied That which followeth in the said Declaration concerning the rescuing of his Majesties Person that He may come with Honour Freedome and safety to or neer London where both Kingdomes may make their applications to him for settling Religion and Peace we have before spoken fully to it And whereas your Lordships adde a kind of Salvò in satisfaction to our fifth and sixth desires it will plainly appeare that these desires are not satisfied by any thing here expressed in your Lordships Declaration Your Lordships say You resolve not to put in His Majesties Hands or in any others whatsoever any such power whereby any of the ends of the Covenant may be obstructed or opposed But may it please your Lordships to give us leave to put your in minde 1. That your Lordships words may be understood either in this sense that you are not resolved to put any such power in His Majesties Hands And if so your Lordships know what you resolve not now you may resolve afterwards Or in this sense that your Lordships are resolved that your shall put no such power in His Majesties Hands and if so then there remaines some doubt how far that power extends which your Lordships conceive shall not be able to obstruct or oppose any of the ends of the Covenant or endanger Religion and Presbyteriall Government Or whether it be meant to be extended to his Majesties negative voice 2. When your Lordships say that you are not resolved to put any such power in His Majesties Hands this needeth not hinder your Lordships yeelding and acquiescing if others put such power in His Majesties Hands For resolutions not to doe a thing may stand with resolutions nor to hinder it 3. When your Lordships have resolved to oppose the puting of any such power in his Majestis Hands as may be destructive to Religion Yet upon supposition that His Ma jestie is come to London with Honour Freedome and Safety we doubt whether it may not prove impossible to your Lordships to hinder the putting oft such a power in His Majesties Hands Your Lordships adde what assurance you intend to crave from His Majesty for satisfaction in point of Religion But withall we observe three limitations or qualifications joyned therewith which so far as we are able to judge leave this great point in a very dangerous uncertainty 1. Your Lordships resolve that his Majesty give this assurancè for Religion before any agreement or condition to be made with His Majesty which is the expression chosen by your Lordships instead of that clause in our sixt desire Before his restitution to the exercise of his Royall Power If your Lordships expression were only a more smooth one with the like security to Religion such as your Lordships Answer March 27. did put us in hopes of we should have chearefully acquiesced but we are so far from perceiving the like securite to Religion that we rather feare your Lordships qualification may make void and firustrate the security that we desired For first It clearely supposeth that his Majesty shall come with Honour Freedome and safety to London before any agreement or condition to be made with Him For such agreement or condition to be made with his Majesty being posterior to the assurance to be had from Him for Religion must be much more posterior to his Majesties coming to or neer London with Honour Freedome and Safety according to the method of proceedings proposed in the Declaration Now being once at London with Honour Freedome and Safety and that without any agreement or condition made with Him it is not probable to us that his Majesty will then desire any agreement or condition unlesse it be for some Concessions on his Parliaments part and among other Concessions probably somewhat for Episcopacy too for establishing whereof He conceiveth Himselfe obliged in conscience to make use of His Power as was before observed The result of this point that we humbly conceive is that notwithstanding of that clause before any agreement or condition to be made with his Majesty