SOME FEW OBSERVATIONS BY THE COMMITTEE of ESTATES OF PARLIAMENT, UPON THE DECLARATION OF THE GENERAL ASSEMBLY Of the last of July.  
EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Excellent Majesty. 1648.   

EDINBURGH, 10. August, 1648.  
THE Committee of Estates Ordains and Commands this Paper of their Observations upon the Declaration of the General Assembly to be printed and published: And do seriously recommend to, and require the Committees of War in the several Shires, and the Magistrates within Burgh to take exact course, that with all diligence, after it come to their hands, it may be read upon the Lord's Day at the Parish Kirk doors, in the hearing of the Parishioners: And that some of each Committee and Magistrates be appointed to see it done: And published at all other places needful, within their several Bounds and Jurisdictions.  
ARCH. PRIMROSE.   

Some few OBSERVATIONS made by the Committee of Estates of Parliament: Upon the DECLARATION of the General Assembly of the last of June, 1648.  
ALbeit the Offers of the Commmittee of Estates, for securing of Religion, hath not been accepted by the General Assembly (at the suggestion of some dis-affected Persons) Yet the Committee Resolves never to leave Pursuing of their Duties, for Preserving the same according to the Solemn League and Covenant. But least by their filence they should seem to be satisfied with the Papers presented to them by the Assembly the last day of July, Entitled, A DECLARATION, etc. of the 21. of July. They thought fit to return for the present a very few short OBSERVATIONS thereupon, Intending to emit a large Narrative of the Reasons and necessities of the present Engagement of this Kingdom in a War against the Sectaries in England, wherein, as they will Vindicate themselves from encroaching in any sort upon the Liberties of the Kirk, So they resolve to assert and maintain the just power of the Civil Magistrate against all usurpation whatsoever: All the Arguments brought to prove the Sinfulness and unlawfulness of this Engagement, are reduced in the Assemblies Declaration to four Classes. 1. From these places of holy Scripture, wherein the Wars of God's people are called Wars of the Lord, and that all things should be done to the Glory of God. 2. From these places, which discharge Association with the Canaanites, Idolaters, and wicked men. 3. From these places, wherein we have the example of the people of God seeking reparation by Treaty, before they engaged in a War. 4. From these places wherein Breach of Covenant is condemned for a great Sin procuring Nationall Judgements.  
To the first we Answer, by acknowledging and believing that all the Wars of the People of God, should be the Wars of God, undertaken at the Command of these who have lawful authority under God, as were the Wars by the command of Moses, Joshua, the Judges and Kings of Judah, And as undertaken by warrant from God's Vicegerents, So for an honest Cause, for the glory of God; But where as it is assumed that this Engagement is not such, we deny it, Because it hath the warrant of lawful Authority, The Estates of Parliament, And the Cause being honest to do a Duty commanded of God to our Prince, God is glorified by doing that Duty, The relieving of our King out of Prison, is a duty, John 18, 36. If my Kingdom, says our Lord, were of this World, then would my Servants fight that I should not be delivered to the Jews. Our Lord suppones it was a common Duty, that Subjects should fight to preveen the captivity of their King, And if a War be lawful to preveen captivity, Is it not lawful to deliver him from that base captivity, are we less obliged in duty to our Native Prince, than Abraham to his kinsman Lot? who engaged in a War for rescuing him, notwithstanding Lot had associated himself in War with wicked men, The Sodomites, Gen. 14.? Are we less obliged than David and his associates to their captive wives, who engaged in War for their freedom, 1. Sam. 30.?  
As for the duty of honour, for performance whereof we have engaged ourselves; We believe it is a duty commanded by God himself in the fifth Command, Pro. 24.22.1. Ep. Pet. 2.16.17. We are forbidden to use our Christian liberty as a Clock to maliciousness, for withholding or withdrawing Duty. Yea Pagans' by the light of Nature, reading the law of Nature, which is from the God of Nature, do use all honour to their Kings, Yea, holy Samuel undoubtedly zealous of God's Honour, notwithstanding he knew certainly by Divine Revelation, that God had rejected Saul, yet honoured him before the People, 1, Sam. 15.30.31.  
To the second Class of Arguments; against associations with Malignants, We answer, 1. These places wherein association with the Canaanites is forbidden, proves not the point, for they were destinated to destruction, Deut. 7.2. that God's People, might have that Country promised of old for their peculiar habitation: We hope none pretend such a warrant, for destroying all who differ in Religion from them, That they alone may dwell in the Land, or if any be of that judgement, Let him speak it out in time. 2. It would be considered, that confidence and trust in these worldly helps are forbidden; Did not the Generally Assembly in the year 1585. supplicate King James of happy Memory (as is mentioned in the Assembly 1642) to command his Ambassador, then going to England, to deal with the Queen, that there might be a bond of Union betwixt them and other Christian Princes professing the true Religion, for the defence thereof, against the persecution of Papists joined in League, by the bloody Decree of Trent? And who doubts but many of these protestant Princes were Lutherians: Did our father's wrong in taking help from England then under Prelates; and using the Service Book, To withstand the French Persecution? 3. There is a great difference in joining with Strangers, idolaters, as the Kings of Judah sometimes did, And Subjects obliged in a common Duty living under one King. 4. We declare (as may be seen in our Declaration To this Kingdom, and in our Answer to the Petitions of Presbyteries and Synods) that we will associate with none, but such as will engage themselves, to be faithful in the Ends of the Covenant, and who do so cannot be reputed Malignants, that is, Popish and Prelatical, unless they be false Hypocrites: And if at any time they manifest their falsehood by their works, in obstructing or opposing the Ends of the Covenant, we have declared that through God's assistance we shall do our uttermost endeavours to suppress them.  
To the third, because there hath been no Treaty, That is denied, Because our Commissioners did for a long time represent wrongs, and seek reparation, as is mentioned in their Papers given into the Parliament of England; and approven in this Parliament, also a Messenger with our just and necessary Demands, was sent to the Houses in April last; yet, by the prevalency of Sectaries, no satisfaction is returned thereunto.  
To the fourth Class of Arguments, taken from the Breach of Covenant; We grant that breach of Covenant is a great sin; and pains needs not be taken for proving that which none denies; But that by this Engagement, as it is represented in our Declaration, The Covenant is broken in all the Articles thereof, Is more than can be well proven: The breach of the first Article, is instanced by an induction of three particulars, quarrelling the doctrine of Ministers, the disorders committed by the Soldiery in time of Divine Worship, and the not answering the Petitions of Presbyteries and Synods; Therefore we maintain, not the Doctrine, Worship and Government of the Church.  
To the 1. Instance, we answer, neither Parliament nor Committee of Estates hath quarrelled any Minister's doctrine, and though they should quarrel any in an orderly way for seditious doctrine, were it any breach of Covenant? for we are not bound to maintain any such doctrine, but rather to censure according to several Laws of this Kingdom the Abetters thereof, as disturbers of the public peace? Some Ministers have been convened before us, and challenged for seditious practices; if any quarrel this, we conceive they break Covenant, which binds them to maintain, and not to quarrel the undoubted Privileges of Parliament, to judge by themselves or their Deputies, all persons in causes Civil, or Criminal: To that, we say no more, but it is, and shall be, our hearts desire, that all the Ministers of the Land may be always able to say as Paul, Act. 24 12. They found me not raising up the people, neither in the Synagogue, nor in the City.  
To the second instance, We answer, Disorders in time of Divine worship, are not owned by us: When they are represented to us, and duly instructed to have been such, we shall, according to justice censure them. Disorders committed by some in England, and lately in this Kingdom, were never used as an Argument to prove the unlawfulness of these engagements: And we wish, there had been the like search in former times, who knows, but it might have prevened insolences and disorders at this time?  
To the third, we answer, We did take pains, and used all lawful means, to give satisfaction to their Desires: It seems strange to us, they should be both Petitioners, and Judges of their own Petitions; Yea, suppose, That For an uncontroverted Truth, which is in question, to wit, That all your desires were just: If our not granting all your desires, infer We maintain not the Government of the Church: May not we with as much reason, in our sense, conclude, That the refusing of the just desire of the Committee of Estates, given in by the Earl of Glencairn, for granting us the space but of two or three days, to propone our just exceptions, against the proceed of the late Commission of the Kirk, before that the Assembly should approve their proceed; As also the refusing of that pious and lawful desire of the Army for Ministers: May we not conclude, That this is not a course to maintain the just Authority of our Civil Government?  
We wonder, how any can carp at the limitation to maintain Doctrine, etc. as it is established by Law, unless some would have us to maintain some innovations in Doctrine, Worship or Government, though not yet established by Law: It appears also not to consist with ordinary charity, to carp at our harmless acknowledgement of the King's goodness in establishing the Work of Reformation here; yet we say far less than hath been acknowledged by the Assembly 1639 in their Letter of thanks to the King's Majesty.  
To the instances of breach in their second Article of the Covenant: We answer to the first: That the desire of the Queen's return can be no breach of the Covenant, unless the Covenant obliged us to remove the Queen, and our Covenant dissolves not the Covenant of Marriage: Withal We wish, there may be no greater encouragements given to Sectaries to expect their long laboured for Toleration than We have, or ever shall give either to the Popish or Prelatical party to hope for favour or connivance from us to their Idolatry and Superstition.  
To the second Instance for breach of the second Article: We desire our Answer to the 1. Argument may be repeated. 2. Doing of a necessary and timeous duty to our King, is a duty acceptable to God who commands it, and will be a mean blessed of God for inclining the King's heart (from the sense of our loyal Endeavours) to his duty for securing Religion; These were our old Principles according to God's Word from the which by his Grace, We shall not departed; To wit, That as evil may not be done that good may come of it, So must we not omit necessary duties for fear of bad consequents, This is in God's hand and the other is required at our hands: As it is precedent presumption to do evil that good may come of it; So it argues both disobedience to, and distrust of God, to omit duties for fear of consequents. The General Assembly knows, there is a difference betwixt a consequent in respect of Order of time and of causality, The Honour and Freedom given by God to our first Parent in the State of Innocence: As it was not the Cause of his abuse of both which followed in time; So the giving of both was Tree of all blame; Besides we have declared, we will not put in his hands any such Power whereby Religion or the Covenant may be endangered, 13. pag. Declaration.  
To the branch of the third Article in the first instance, We answer, That breach of Privilege of Parliament, and prejudice to the liberty of the Subject, should be best known to Us, who are both Parliament men, and Subjects sensible of our own Liberty: We desire it to be considered, if the King's Majesty should give his consent to an Ordinance for Toleration of Errors, would not this greatly prejudice Religion? in such a case were it not good He had a negative voice? It is well known That Ordinance had been passed into a Law, if his Majesty had not refused it.  
To the second Instance, we grant the Civil power is subordinate to the good of Religion, and it is a great sin in Kings to do otherwise, but if Kings fail in Religion, and in all things obey not Christ's Ordinance, that therefore their Subjects are not tied to obedience in things lawful, Is against Scripture, The practice of the Jewish Church, and the Confessions of Faith of all Reformed Churches.  
To the breach of the fourth Article, We desire our Answer to the second Argument be repeated.  
To the breach of the fifth Article in taking the Frontier Towns in England; We Answer, there being a necessity of engagement in War, as we have shown, and having certainly understood, that a party of Sectaries, declared Enemies to Religion, King & Kingdoms, were to seize upon these Towns, the very law of Nature, that in necessity teacheth self-preservation, by laying hold on these weapons, whereof Enemies would make use for our destruction, allows it in such an exigent: As the Kingdom of England hath experience of our Fidelity in rendering up to them the Town of Newcastle, wherein we secured ourselves for a time, in our first Expedition: So we intent and declare, that after Religion, King, and Kingdoms are secured from that prevalent party of Sectaries, we shall with the same fidelity, render up these Frontier Towns; what we have done consists well with the large Treaty betwixt the Kingdoms, which we intent to keep inviolable on our Parts; That Treaty was with the Kingdom of England, but not with Sectaries.  
Whereas it is insinuated, the Parliament of England hath offered a Treaty, We answer, The Parliament and We who are authorised by them are only Judges, If their Answer be satisfactory, And the truth is, neither first nor last have they nor We received any satisfaction to the necessary demands of this Kingdom. Nor so much as a Treaty offered to Us thereupon.  
To the Breach of the 6th, Article. In our assisting or defending these that are not in the Covenant, And that we will by this Engagement set ourselves against faithful Covenanters in that Kingdom, who will never Consent that the King be brought to or near London with Honour, Freedom, and Safety before he secure Religion. To the 1. We Answer as before to the second Argument. And with all desire it be considered, That although we be quarrelled for assisting those that have not taken the Covenant; yet no notice is taken so far as we know, in any Church Judicatory of these perfidious Countrymen, who have gone to that Army of Sectaries under the Command of Lambert. To the second We answer, We expect better things of the faithful Covenanters in England, seeing the Parliament there in 1647. did invite the King to come to London with Honour, Freedom and Safety, which had been performed had they not been overawed by the Army.  
To the second instance, for Breach of the 6. Article We answer, We divide not from our first Principles, but prosecute the same Ends of the Covenant, Bare human Assertions prove little or nothing, We have not withdrawn from any that adhere to public Principles, But if any walking upon private principles have separate from us, They themselves know best, they went from us because they were not of us.  
Whereas much is spoken anent the probability of light and judgement in the greatest part of the Ministers ' condemning this Engagement as sinful and unlawful, We Answer, the Argument is but humane and Popular, and not from Scripture, unless your infallibility could be demonstrated from the Word of God, Such an Argument, if admitted, will prove Implicit Faith, which if we should give to the word of man, were indeed a Breach of our Covenant.  
Let us also offer to your considerations our thought anent breach of Covenant if we had not Engaged.  
I. Are We not bound by the 1. Article To endeavour the Reformation in Religion in the Kingdoms of England and Ireland? If we should sit still and behold Sectaries defacing Religion that were far from endeavouring a Reformation there.  
II. Are we not obliged by the 2d. Article To endeavour the extirpation of Schism and Heresy? But to fold our hands, and sleep in security, while the Evil One sows the Tares, Is this to endeavour the extirpation? No, it is to give way to the rooting and spreading of Error.  
III. In the 3d. Artile we are obliged to maintain the Privileges of Parliament and Liberties of the Subjects, as also the King's Person, and just power in the preservation, etc. If we sit still, Is not the Parliament overawed by an Army of Sectaries? And to do nothing, is a virtual complying with Sectaries, and strengthening of their hands; Are we not bound according to the explanation in the Assembly 1639. to assist and maintain in every case, which may concern His Honour If we do nothing for His Honour, and Relief from that base and disgraceful Imprisonment, Are we not guilty of Breach of Covenant, and of that Duty we own to our King by our Allegience, which is not weakened but strengthened by the Covenant, as is many times professed in our Declarations?  
FOUR In the 4th. Article we are obliged to discover, and bring to trial and punishment Incendiaries, Malignants, etc. As Malignants have been punished, So, are we not bound to bring Sectaries great hinderers of the work to condign punishment? Our Covenant binds us to endeavour for this.  
V In the 5th. We are bound to preserve the Peace betwixt the Kingdoms, and to set ourselves against the wilful opposers thereof, either it must be avowed that the Army of Sectaries is no Enemy to the Peace of these United Kingdoms, (which we think none will profess) or it cannot be denied, but we fail, if we oppose them not by an Engagement in War, As the Church doth oppose them in their Ecclesiastic way.  
VI In the 6th. We are bound to defend all that enter into this Covenant, In the pursuing thereof, but if we should lie by, and suffer the faithful Covenanters in England to be still borne down by that Army of Sectaties, Were not this a Breach of Covenant? We desire these things to be considered impartially, without prejudice of Self-opinions in judgement, of Self-interest in Association, which are the two moats that hinder the understanding, to discern Truth in the simplicity thereof.  
FINIS.