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 public proceed towards an engagement in War, so fare as Religion is therein concerned. TOGETHER With their Desires and Petitions to the Honourable Court of Parliament, The Parliaments Answers. Their humble Returns and Representations, and other Papers that may give full and clear information in the matter. London, Printed for T.R. and E. M. 1648. A DECLARATION Of the COMMISSION of the GENERAL ASSEMBLY, to this whole Kirk and Kingdom, concerning the present public proceed towards an engagement in War, so fare as Religion is therein concerned. GOD only wise, who is wonderful in counsel and excellent in working, whose thoughts are not like men's thoughts, nor his ways like men's ways; Who sometimes by weak and unlikely means, and often by contrary means, 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 War; yea, after we were near the wished for Reformation and Peace, He hath again 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 again. How great and how many soever our dangers be, The Lord is righteous in all his ways, and holy in all his Works, and he hath punished us less than our iniquities deserve. Among many other provocations, that of Sinful compliance is one, which the present judgements of God in both Kingdoms do more especially and more distinctly proclaim 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 bear the indignation of the Lord, because we have sinned against him: So we encourage ourselves 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, unless 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 join together in witnessing a good confession, and giving a fair public testimony for the truth of Christ, for the Covenant, for the Presbyterial Government, and against that abominable Toleration of most dangerous Errors. Heresies and Schisms. These Testimonies we have seen to our great joy and comfort, and have been much refreshed thereby; trusting, that so many public Testimonies as have been given in both Kingdoms for the Covenant, and against the Toleration of Heresy or Schism, shall not be in vain, 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 designs now brought to so much maturity: and withal to clear our own late Proceed, which some are content to misunderstand, except they also misrepresent them to as many others as they can; yea some are so skilful in coining, others so bold in outing, and a third sort so weak and simple in believing lies and calumnies, that every conscientious man hath cause to pray at this time, Deliver my soul, O Lord, from lying lips and from a deceitful tongue. That we may therefore lay more open the truth of matters, we shall not now so fare run the back-trade as to insist upon the rise and progress of these present evils, nor upon the grounds of our former fears and apprehensions of dangerous and malignant designs heretofore on foot: It shall be sufficient at this time to make known the late passages, since we received His Majesty's Letter dated at Carisbrook Castle, December 27. 1647. together with a Narrative in writing of his Majesty's concessions and offers concerning Religion, and what his Majesty is content to do for this Kingdom (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 Kingdom was full of, that his Majesty had given satisfaction to the public desires concerning the Covenant and Religion (thereby to make the people secure, and the better to animate them unto an engagement in his Majesty's 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 general and good acceptance in this Kirk of Scotland, that we have already received not only from divers Presbyteries, but from the most part of the Provincial Synods, most affectionate Letters of thanks for the same; as namely from the Provincial of Lothian and Tweddale, Eyffe, Mensae, 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 public 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 confer with their Lordships, which we did: But upon the 17. of that month, understanding that a Vote had passed in Parliament upon the 16. concerning Berwick and Carlisle, (which Vote as it was dissented from and protested against by divers Members of Parliament who have been 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 own exoneration, and for a clear understanding between the Honourable Court of Parliament and us, represent to their Lordships, eight humble desires, whereupon the same day we were invited to a new conference with some of their Lordships which did not produce the wished effect and satisfaction which we were waiting for. Upon the 28. of March we received the Parliaments answers to our eight Desires, which leaving us still unsatisfied, did occasion our humble Representation of March 29. whereunto we received no other answer, but a desire of Parliament sent us the next day, for a conference upon our said Desires, and the parliaments answer thereunto, and also upon the state of the Question and whole matter. But as we were willing to confer upon our 8 desires, and the unsatisfactoriness of the parliaments answers thereunto, so till we should receive a clear and real satisfaction to these our desires, we Declined a Conference upon the state of a Question for War, for the Grounds and reasons expressed in our paper of the 30 of March, and did accordingly give order to those of our number appointed to confer. But the power given to the Committee of Parliament, containing nothing of further satisfaction to be give to our desires, that their Conference (after some time spent in debates) proved no less ineffectual than the former two. Upon the 11 April. It was Ordered by the Parliament, that the demand concerning Religion, thought fit by their Lordships to be sent to the Parliament of England, should be communicated unto us: whereunto we returned an answer by our Paper of the 13. of that month. And that we might leave no means unessayed for satisfaction in those particulars, (wherein most part of the Provincial Synods hath joined with us in supplications to the Parliament) without which, many others, as well as ourselves, could not be satisfied in conscience to concur in the Engagement) We did by our Petition of the 18. further insist with their Lordships in all humility and earnestness for satisfaction to our desires, and to be cleared upon the whole matter. Unto all which we have received no other answers for the satisfaction of our consciences, but the Paper delivered in to us from the Parliament upon the 20. of April, together with their Lordship's Declaration, unto which we were remitted for satisfaction in most things we had desired, But how great reason we have to be still unsatisfied, will appear by our Answer to their Lordship's paper of the 20. of April, and by our humble Representation upon the Declaration itself, expressing more fully our sense of the whole matter: and although we might have justly desired some weeks for deliberation about an Answer to so large and so premeditate a Declaration concerning things of so high a nature, yet we made much haste, that our Representation thereupon was fully agreed and concluded among us upon the eight day after we received the Declaration itself. If the Honourable Estates of Parliament had been pleased to delay the sending away of their demands to England, and the publishing their Declaration to this Kingdom, till they had received and considered our Humble Representation thereupon, We know not but it might have, by the blessing of God, conduced much to the preventing of great and sad inconveniences. But now their Lordship's Declaration being emitted as it is, we have too much cause to fear, that the Malignant party shall make use of it to the ensnaring of many, unless timous warning and information be given them. For our part, it hath been our endeavour (which we are confident is desired with us by all the well-affected both in Church and State) that there may be no rapture in this Nation, but a firm union and conjunction upon the first principles and grounds of engaging in this cause. And as we have not been tenacious of words, but of things, nor of any other things but such as highly concern the glory of God, solemn Covenants, and the good, safety, and security of Religion: so we shall be blameless before God, Angels and men, of all the evils, distractions and confusions, which may follow upon or be occasioned by the not satisfying of so just and necessary desires. And now for the result of the whole business: As we were before, and still are ready to consent and agree to the engaging & acting in war, if we were satisfied in our consciences concerning the grounds of undertaking, and the means and ways of prosecuting the same, and concerning the other particulars contained in our Papers presented to the Parliament: So not being satisfied in those, and looking upon the war as it is now stated, matters standing as they do, and the whole complex business taken together, We cannot but (with all dutiful respect & honour both to his Majesty and to the Estates of Parlia.) plainly descent and differ from the same, being so far from a clear satisfaction in our consciences concerning the lawfulness and necessity of a War, upon the grounds and in the manner expressed in the Declaration of Parliament, that contrariwise we are clearly persuaded in our consciences, it is an engagement of most dangerous consequence to the true reformed Religion, both in Doctrine, Discipline, Worship and Government, prejudicial to the due interest and liberty of the Kirk; favourable and advantageous to the Popish, Prelatical, and Malignant party: inconsistent with the union of the Kingdom, and the satisfaction of the Presbyterian party in England; and therefore contrary to the Word of God, to the Solemn Covenants, first Principles and public Professions of this Kirk and Kingdom, and a remedy worse than the disease, and a course whereupon we cannot expect a blessing from God. For which reasons (expressed more fully and particularly in our Representation upon the late Declaration of Parliament) we cannot in our consciences allow either Ministers in their places and callings, or any others whatsoever, to concur and cooperate in the Engagement: but trust, that all that have in them true tenderness of conscience, and tremble at the Word of God, will by his grace and assistance keep themselves unspotted and free in this business, and will choose affliction rather than iniquity, and take their hazard of suffering rather than of sin, believing that the wrath of man shall turn to the praise of God, and the remainder of wrath He will restrain. We know there is much zeal pretended for the ends of the Covenant, uniformity of Religion, suppression of Sectaries, and the like: But the more pretence be made of Religious ends, the Malignant designs varnished and painted therewith are unto God and good men so much the more hateful. Doth the same fountain send forth both sweet water and bitter? Or how can true zeal against Sectaries, lodge in one breast with zeal for Malignants? Besides, if Religion and the Glory of God be now chief aimed at, what meaneth the refusing of that satisfaction and security which hath been desired for Religion? And if there be such zeal against Sectaries in the Engagement, what meant it, that not long ago, when the dangers of the true Reformed Religion in this Kirk, from the prevalent party of Sectaries in England were remonstrate by us to the honourable Committee of Estates; it was pleaded by some, who now are most active and forward for an Engagement that this Kirk and Kingdom was in no such danger from the Sectaries in England and the Army there, as might be any cause of not disbanding the Army in this Kingdom. And is this candid or fair dealing, to extenuat or elevat dangers from Sectaries, so as may best serve men's present businesses? Or if the design at that time was to disband that Army, as to make up another of their own modelling, why was this somuch disclaimed when mentioned among our fears and apprehensions in our Romonstrance, Octob. 13? However it seems the thing then suspected is now begun to be acted, and it is too aparent that our former fears were not without some real ground. As to any calumnies or aspersions cast upon our proceed by Malignant and disaffected persons: As our consciences before God, so the very course of our proceed before men doth clearly wipe them off. And because we have here only summarily pointed at things, we shall for the clearer understanding of all, refer to the several Papers themselves herewithal published and made known to all the people of God in this Land, that they may prove all things, and hold fast that which is good. We do not doubt but upon a serious search into the particulars, all that do ingeniously seek after satisfaction shall find it: And as it will appear by the particular Papers, that we have not meddled with Civil businesses, but only with such things as merely concern the safety and security of Religion; So we leave it to the consciences of all the well-affected in the Land, whether they will give more credit and belief to the professions and informations of such as were strangers and enemies to the work and cause of God in the beginning, or of those who have given constant and real proof of their integrity in this cause from the beginning? We trust, God will discover more and more the mystery of Malignancy now so strongly working; manifest the innocency and sincerity of his servants; deliver his people out of the present snares and guide them in a right and safe way: which afterwards shall be no grief of heart, but matter of peace and comfort unto them. A. KER. The Parliaments Answer to the Declaration of the Commission of the General Assembly of the first of March. 9 Martii. 1648. The Declaration of the Commission of the General Assembly produced by Mr. Robert Dowglas accompanied with divers of the Ministry and Ruling Elders, read in audience of the Parliament. THE Estates of Parliament acknowledge, and takes well the continuance of their correspondence in communicating this counsel or advise to the Parliament; and remits the same to be considered in their several bodies: but the Parliament desires in the mean time, till the return of their answer (which they will do with all possible speed) that the Commissioners of the Church would take no course for publishing or divulging the same. And declares that as they conceive, this offer of Council from the Church to the Parliament, doth not derogate from Parliamentary power and liberty: So by this delay or answer they do not mean any ways to entrench upon the privilege due to the Church or Commission thereof: Their intention being merely for preservation of unity and good correspondence betwixt them. Extractum. Alex. Gibson, Cler. Regist. Answer of the Commission of the General Assembly to the Parliaments Paper of the 9 of March. Edinburgh 10. Martii, 1648. THE Commission of the General Assembly, having this day received under the hand of the Clerk Register, the desire of the Honourable Court of Parliament, concerning their Declaration presented to their Honours yesterday. Do humbly return this Answer. AS we acknowledge it to be a great favour, that the Honourable Estates of Parliament do take well the continuance of our correspondence, in communicating our counsel and advice to their Honours; and that they profess their intention for preservation of Unity, and good correspondence betwixt their Lordships and us, without entrenching any ways upon he Privilege and liberties of the Kirk. So we are necessitate humbly to represent to their Honours, that their desire to us, (to take no course for publishing or divulging the said Declaration till the return of their Answer) is such that this Kirk hath not been formerly acquainted with the like: Neither can we be answerable to the trust put upon us by God and the General Assembly, if we neglect or delay to emit and publish this Declaration, unless we had assurance (which we have not) that there should be no danger to the cause by the delay: Otherwise we come under great guiltiness, if we neglect to give timous and due warning not only to their Honours, but also to the whole Kingdom, as God requires of Watchmen in time of evident danger: Which made us, as before in like cases we have done, to resolve upon the Printing of the said Declaration before we knew any thing of their Honour's desires for not publishing it. Thus having exonered our own consciences, We humbly desire their Honours to rest confident, that as we are careful to keep the liberty of the Kirk, so we shall be most unwilling to give to their Honours any cause of offence. A. KER. The Dissent and Protestation of some Members of Parliament, upon the Vote of Parliament of the 16. March, concerning Berwick and Carlisle. WHereas we have earnestly desired and pressed that no power he granted to any Committee to do, act, or order any thing which may engage this Kingdom in a War, before the Parliament resolve on a War, and state the cause and the ends thereof: It being in our judgement, neither agreeable to the Oath of Parliament, and tenor of Commissions from Shires and burgh's nor to the act of Parliament, 1640. against the Lords of the Articles, it being also of dangerous preparative, and much derogatory to the Liberties of the Kingdoms and Privileges of Parliament: And most of all it being of exceeding dangerous consequence to the cause of God, and the Ends of our Solemn League and Covenant; We do therefore descent from the granting of any such power, and do protest, that we may not be included in any such Vote or Resolution, but may be free before God and man of all the guiltiness, prejudices and evils that may follow thereupon to the Cause, Covenant and Religion, to the King's person and Authority, to this Kirk and Kingdom, or to the Union betwixt the Kingdoms. Edinburgh 22. Martii, 1648. To the Right Honourable the Estates of PARLIAMENT, The humble Desires of the Commissioners of the General Assembly. WHereas we were desired to appoint a conference with some of your Lordships which did go on towards an agreement, till it was obstructed by a Vote of Parliament of the 16. of this instant; And having already shown by our Papers of the 17. and 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 jesus Christ, for our own exoneration, for preventing of mistakes, and for a clear understanding between your Lordships and us, represent these our humble desires which we recommend to your Lordship's serious thoughts. I. That the grounds and causes of undertaking a War may be cleared to be so just, as that all who are well affected may be satisfied in the lawfulness and necessity of the engagement, and that nothing be acted in reference to a War, before the lawfulness of the War 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 condescended upon and declared by the parliament, 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 Kingdoms, or may discourage or disoblige the Presbyterian party in England who continue firm in adhering to the League and Covenant. iv That if the Popish, Prelatical, or Malignant party shall again rise in Arms, this Nation and their Armies may be so fare from joining or associating with them, that one the contrary they may oppose them and endeavour to suppress them, as enemies to this Cause and Covenant on the one hand, as well as Sectaries on the other. V Seeing your Lordship's undertaking should be in the first place for Religion; We desire that his Majesty's 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 safety of Religion. VI That your Lordships may be pleased not to fix or settle upon any such state of a Question, as doth not contain security to 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 enjoining the League and Covenant, and fully establishing Presbyterian Government, Directory of Worship and Confession of Faith in all his Majesty's 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 Royal 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 undertake 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 principal cause of engagement) and for securing all other ends of the Covenant, such persons only may be entrusted by your Lordships to be of your Committees and Armies, as have given constant proof of their integrity and faithfulness in this Cause, and against whom there is no just cause of exception or jealousy; 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 Solemn League and Covenant, the Cause being the same. All which desires being duly pondered by your Lordships in an equal balance, will we trust be found just and necessary, and do not doubt but satisfaction from your Lordships therein may be a happy and effectual means, 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 Happiness of the King, the Peace and safety of the Kingdoms. 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 convened in this first Session of the second Triennial Parliament, having considered the desires of the Commissioners of the General 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 lawfulness and necessity of the engagement. And declares that they will be very careful, that nothing be acted in reference to a war during the conference, and until 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 four, 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 Kingdom will be so fare from making war against the Kingdom of England, That any engagement they shall enter into, shall be for strengthening the union betwixt the Kingdoms, 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 explain the same. 5. Item, To the fist desire. The Estates of Parliament for answer to this desire, declares, That upon the agreement on the hail matter and state of the question, they will declare his Majesty's concessions, concerning Religion not to be satisfactory. 6. Item, to the sixth desire. The Estates of Parliament for answer to this, declares. That since Religion hath been, and they trust ever shall be the principal end of all the undertake of this Kingdom. So they will be careful that the present question to be stated, shall contain security and assurance to be had from his Majesty, be his solemn oath under his hand and seal. That he shall for himself and his Successors, give his Royal consent to pass acts of Parliament, enjoining the League and Covenant, establishing Presbyterian Government, the Directory of worship, and Confession of Faith in all his Majesty's Dominions, and that his Majesty shall never make any opposition to any of these, nor endeavour any change thereof. And as to that clause, viz. That this security be had from his Majesty before his restiution to the exercise of his Royal power. The Estates of Parliament remits this to these on the 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 careful 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 subjoined wherein both in the framing of it and otherways 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 happiness of the King and his posterity and the good of this Kingdom. Extract forth out of the Books of Parliament, By me Sir Alexander Gibson of Durie Knight, Clerk of his Majesty's Registers Council and Rolls under my sign 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 war before the lawfulness of the War 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 find any breaches of peace between the Kingdoms 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 firm in adhering to the League and Covenant, we find 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 joining or associating what the Popish, Prelatical or malignant party, if they shall again rise in Arms, and that it may be endeavoured to suppress them as enemies to the cause and Covenant on the one hand, as well as Sectaries upon the other; being so just in itself, so consonant to the former principles and professions of this Kirke and Kingdom, since their first engagement in this cause; and being also as clear both in the matter and expression, as the Covenant, Treaties, and Declarations of both Kingdoms, we cannot conceive wherein it needs explanation, or what doubt or scruple can be made concerning it as it stands, unless there be now some more favourable and friendly intentions towards the malignant party then formerly, which we pray the Lord to avert: And although it is too manifest that some plead for Malignants, as if they were to be joined with as friends, rather than avoided as enemies to the cause (whereof we have spoken more fully in our late Declaration) yet we trust that any such design is and shall be far from the thoughts and intentions of the Honourable Court of Parliament. 5. Touching the 5 Desire, as your Lordship's answers ems to sup see his Maje●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 sixth desire, as thereiss 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 royal tower not being agreed to by your Lordships, but rather laid aside until some smother expressions be found out; We are left unsatisfied in that which is the main of that desire, and cannot be assured of any security expressed in the first part of your Lordship's answer If your Lordships had been pleased to condescend upon another expression containing as good and as real security for Religion, we 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 find ourselves 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 proof of their integrity and faithfulness in this cause, and against whom there is no just cause of jealousy, 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 qualifications being contained in our Desire, and omitted in your Lordship's Answers; We are not without fears 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 deal 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 clear 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 solemn League and Covenant; We find this doubtful and uncertain expression, The Kirke shall have their due interests. Which difference of your Lordship's 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, We humbly conceive that our Desires, unto which we still adhere as just and necessary, are not satisfied by your Lordship's Answer: And without clear satisfaction in these desires, We find it not safe to appoint a conference for agreeing upon the state of a question for War: yet if your Lordships had desired, or do desire further conference with some of our number for satisfaction of our above mentioned Desires, We should have yielded, and yet shall willingly yield thereunto. And as the present want of satisfaction in these Desires doth retard and hinder our proceed towards an agreement upon the state of a question; so we are still confident that a real and clear satisfaction to the said desires, may be a happy and effectual means for facilitating the state of the question, and for uniting this Nation in an unanimous undertaking of such duties, as are requisite for the reformation and defence of Religion, the safety, honour, and happiness of the King and his posterity, and the good, peace, and safety of the Kingdoms. A. KER. A Paper from the Parliament of the 29 March, 1648. At Edinburgh the 29 day of March, the year of God 1648 years; WHereas the Commissioners of the Church have this day exhibited to the Parliament one paper entitled an humble representation of the sense of the Commissioners of the General Assembly; To the honourable Estates of Parliament upon their Lordship's answer to the eight Desires lately presented to their Lordships: And the same being read in audience of the Estates of Parliament, They ordain the former Committee of 24 to confer with the Commissioners of the Church, or any whom they shall appoint upon the papers exhibited by the Church, and answers given thereto by the Parliament, and appointed them to debate thereupon, and for removing all differences, and also upon the state of the question and whole matter: And ordains this to be communicated to the Commissioners of the Church in answer to the paper exhibited by them to the Parliament this day. And desires that the Commissioners of the Kirke, or those whom they shall appoint may come authorized with the like power to confer. Extract. ALEX. GIBSON, Cler. Registri. The Answer of the Commissioners of the General Assembly, Edin. penult. Mar. 1648. THE Commissioners of the General Assembly, having this day received a power from the Honourable Estates of Parliament, desiring a conference upon our late Desires, and the Parliaments answer given thereunto, and also upon the state of the question, and whole matter, do humbly return this Answer: That as we have been, so we are still willing to appoint a conference upon the eight Desires lately presented to your Lordships, and upon the unsatisfactoriness of your Lordship's answer thereunto: And if your Lordships shall yet be pleased to give real and clear satisfaction to our said desires, We shall immediately thereupon appoint some of our number to confer with a Committee of Parliament upon the state of the question. This insisting upon satisfaction to our desires, before we appoint a conference upon the state of the question, doth not proceed from any peremptoriness about words, or things of small moment, nor from any partiality, or self interest, nor from any inclination to stretch ourselves beyond our line, nor from intention to obstruct any lawful endeavours, either for Monarchical government in the King's Majesty and his posterity, or for preferring opposing and suppressing of Sectaries: Our record is in heaven, we abhor and detest all such ways: But our real purpose is to keep ourselves so free, that in an implicit way we consent not to, nor concur in stating of a question of War, before we see the safety and security of Religion sufficiently provided for, being tender of the great trust committed to us, as the servants of Jesus Christ, and officers of his Kingdom, for preserving the precious Jewel of Religion, which ought to be as well to your Lordships as to us, above all worldly interests. A. KER. The Article of the Demands which is to be communicated to the Commissioners of the Church, viz. THAT an effectual course be taken by the Houses for enjoining the Covenant to be taken by all the Subjects of the Crown of England conform to the first Article-of the Treaty, and conform to the Declaration of both Kingdoms in anno 1643. By which all who would not take the Covenant, were declared to be public enemies to Religion and the Country: And that they are to be censured and punished as professed Adversaries and Malignants: And that reformation of, and uniformity in Religion, be settled according to the Covenant; That as the Houses of Parliament have agreed to the Directory of worship, so they would take a real course for the practising thereof by all the Subjects of England and Ireland. That the Confession of Faith transmitted from the Assembly of Divines at Westminster to the Houses be approved: And that Presbyterial government with a subordination of the lower Assemblies to the higher, be settled, and fully established in England and Ireland: And that effectual course be taken for suppressing and extirpating all Heresies and Schisms, particularly Socinianism, Arminianism, Arrianisme, Anabaptism, Antinomianisme, Errastianisme, Familisme, Brownism, and Independency; and for perfecting what is yet further to be done, for extirpating Popery and Prelacy, and suppressing the practice of the Service-book, commonly called the Book of English Common-prayer. 2 Aprilis 1648. This Article read and agreed to, by the Estates of Parliament, is thought fitting to be demanded of the Parliament of England: And the Estates appoints the seventh Article to be communicate to the Commissioners of the Kirk, that they may return their thoughts thereupon, either for addition or alteration, which the Parliament will take to their consideration. And the Estates appoints the Lord Balmerinoth, Lord Huniby, and Archbald Sydserse, to acquaint the Commissioners of the Church therewith. Extracted forth of the Records of Parliament, and Articles of breaches of the Covenant and Treaties, and demands for reparation thereof, respective by me, Sir Alex. Gibson of Dure, etc. Alex. Gibson Cler. Regist. Edinb. 13 Aprilis, 1648. The humble return of the Commissioners of the General Assembly unto that Article of the Demands concerning Religion, and the Covenant, etc. communicated unto them by the Honourable Estates of Parliament. AS there is nothing which the Kirke of Scotland now for a long time hath more earnestly wished, and seriously studied, than the settling of Religion, and carrying on of the work of uniformity in all the three Kingdoms; so it is still our desire that your Lordships should sincerely and really endeavour the same in all fair and lawful ways both with the King and Parliament of England according to the League and Covenant. As to the Article communicated unto us, we shall not search after the cause why your Lordships have changed the way formerly used of sending Propositions to his Majesty, without whose confidence your Lordships will easily acknowledge, that the Parliament of England cannot render the particulars contained in the demand effectual for securing of Religion. Neither shall we insist upon the prejudice, that preparative of the taking of resolutions in that which concerns Religion without the advice and consent of the Kirke, may bring to the interest and liberty thereof. But conceiving that we have just reason to look upon the demand as intended to be a ground of war, in case the Seamen shall be refused by the Parliament of England, we cannot return our thoughts thereupon, until your Lordships shall be pleased to give us a satisfactory answer to our eight desires, formerly propounded to your Lordships, and until 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 do cross this, or tend to the hindrance 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 Uniformity in Religion, and attaining all things expressed in your Lordship's demands communicated to us. In the mean while seeing your Lordships do profess that the Cause is the same, and the chief ground of the undertaking is for Religion; We desire your Lordships seriously in your consciences to ponder, how ye can make the refusal of this demand a cause of war against the Parliament of England, with whom this nation was lately engaged in a war in defence of the League and Covenant, and ends thereof, when the King was in arms against both, and yet engage in a war for the King, while he still refuses to settle Religion and enjoin the Covenant, and will come no further at the uttermost, then to leave the Seamen Arbitrary, as is evident from his late concessions; Or how your Lordships can propound any such demand unto others whilst yourselves have not declared the King's concessions so much as unsatisfactory, seeing these concessions are destructive to most of the particulars contained in your Lordship's demands. A. Ker. Edinb. 18 April, 1648. To the Right honourable, and High Court of Parliament, The humble Petition, of the Commissioner of the General Assembly. REligion being of all things the most excellent, as it hath been the principal end of all the in deavours and undertake 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 faithful Ministers and godly people throughout the Land, as several of their supplications unto your Lordships do make evident. It was from the tender regard we had of this so precious a jewel, 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 engagement, from which we 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 Union between the Kingdoms: But after long attendance, and most earnest expectation, having received no satisfaction from your Lordships in these our desires; and conceiving that your Lordship's resolutions are towards an engagement in a war, We do from no other principle and intention, than 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 quick and the dead; entreat and obtest your Lordships, that as you do profess that any undertake which ye now are, or shall be necessitated unto, shall only be for settling Religion, Truth and peace under His Majesty's Government, So for convinceing our consciences and all the faithful Ministers and people of God in both Kingdoms, 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 will make it appear that you mean to be far from interessing yourselves in any thing, that may put in His Majesty's hands such power as may not only bring the bygon proceed of both Kingdoms 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 fare from associating with, or giving trust and countenance to any within the three Kingdoms, who do not swear and subscribe the Solemn League and Covenant, That on the contrary your Lordships will hold them all for professed Adversaries, and Malignants, and endeavour to suppress them if they rise in Arms; Which we think we may with the greater reason and confidence expect from your Lordships, because ye have resolved to demand of the Parliament of England, that an effectual course be taken by the Houses for enjoining the Covenant to be taken by all the Subjects of the Crown of England, Conform to the first Article of the Treaty, & the Declaration of both Kingdoms in anno 1643, By which all who would not take the Covenant, were Declared to be public enemies to Religion and the Country, 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 appear that you intent to do nothing yourselves contrary thereunto, The obligation therein being equal in regard of both, and the performance alike conducing for Religion and the Covenant. And we do humbly entreat 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 cross your Lordship's 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 effectual, your Lordship's will at the same time solicit His Majesty for His Royal assent thereunto, that His Majesty and all others may know, that what you intent on His behalf, is with a subordination to those ends, And so his Majesty may be induced to remove all obstructions on his part, that hinder the settling of Religion, and his Majesty's Government. And being desirous that all means be first assayed which may prevent the effusion of more Christian blood, so fare as is possible, Therefore as the messengers of peace, we do supplicate that your Lordships will take such course for seeking reparation from the Parliament of England, as may be most probable in reason to obtain the same in a peaceable way. And finally we expect that your Lordships will do nothing that may strengthen the Popish, Prelatical, or Malignant party, who are waiting for their day, or that may discourage or weaken the Presbyterian party in England, or render your ways suspicions unto them: but that your Lordships will employ all the power which God hath put in your hand for advancing his honour, and the Kingdom of his Son. Many of your Lordships have been instrumental in as glorious a work of reformation as any age hath seen, and all of your have been witnesses thereto, and if any thing shall proceed from you for weakening or defeating thereof, as it will be matter of high provocation against the Lord, so doubtless it will be trouble to your souls 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 ourselves as in his sight, and that we, and the Kirk of Scotland whose trust we discharge in the public affairs thereof, are free of all that guilt that shall follow upon any undertake or resolutions, tending to the prejudice of Religion, the honour and happiness of the King, and the union and peace of the Kingdoms. But we desire to persuade ourselves better things of your Lordships, and that you will give us such satisfaction as may encourage us to bear real testimony of your Lordships, that ye intent 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 Lordship's proceeding to a determination in the Declaration concerning the breaches, and demands, etc. WHereas the draught of a Declaratian hath now been read concerning the breaches of the Covenant, in matters of Religion and the demands to be made for remedy and reparation thereof, the dangers to Religion, and the duties whereunto we are obliged by Covenant for Reformation and Uniformity in Religion, and the security to be had for establishing the same, upon which grounds a war is principally founded: And whereas we have earnestly desired and insisted. That there may be no proceeding to any determination concerning the said Declaration before the Commissioners of the General 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 laws and constant practices of this Kingdom; And we do protest that we may not be included in any such vote or resolution, but may be free of all the guiltiness, confusions distractions and evil 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 chief 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 obliged 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 chief, a war is founded, concerning the lawfulness whereof, the advice of the Kirke ought to be taken, the grounds being taken principally from the interest of Covenant and Religion. 2. It is acknowledged and declared, by the Laws of the Kingdom in several Acts of Parliament, that the Assemblies of this Kirke, are the competent and proper Judges, against all matters Ecclesiastical: And when there were greatest controversies in matters of Religion betwixt his Majesty and this Kingdom; 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 solemn agreement, was, that all questions about Religion, and matters Ecclesiastical, be determined by the Assemblies of the Kirke, as matters Civil by the Parliament: which express 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 King's 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 Arms, in anno 1639, and 1640, were not only against the Innovations then urged, in the book of Canons, Service book etc. for the evil 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 Laws of the Kingdom. 4. Our Nationall Covenant, and our Solemn League and Covenant were first drawn by the Kirke: And their interest interpretation thereof, especially so far as concerns Religion, was never hitherto denied: but by the constant practice of this Kingdom, the Assemblies of the Kirke were always 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 precedent, without the advice and consent of the Assemblies of the Kirke, impose upon them new Confessions of Faith, forms 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 confirm such in their opinions and practices, in the Parliament of England, who maintain 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 engage in the League and Covenant, until 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 engaging in such a business, where there is a constituted settled Church, without their advice. 7. It were a manifest breach both of our Nationall Covenant, and of the Solemn League and Covenant to determine or approve of a business so highly concerning Religion, without the advice and concurrence of the General Assembly, or their Commissioners, seeing by both Covenants we are plainly obliged, to preserve and maintain the doctrine, discipline, and government of the Kirke, which yet cannot be preserved, but overthrown 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 undertake, 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 faithful Ministers of this Kirke, whom God hath used as main instruments in the beginning and progress of the work of Reformation. Edinb. 20. April 1648. Answers of the Parliament to the desires given in to them by the Commissioners of the General Assembly, and to the papers given in by them upon the 13 and 18 days of this month. THe Estates of Parliament having again taken to their consideration the desires given in to them by the Commissioners of the General Assembly: And having also considered the papers given in by the said Commissioners upon the 13 and 18 days of this month, do 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 joint interest of the Kingdom of Scotland, We are necessitated to make our first applications to them who must first agree and condescend thereunto before his Majesty's assent can be demanded: And that it evidently appears by the Declaration, that we really intent to insist for satisfaction from his Majesty in that that concerns Religion before all worldly things: And that so soon as his Majesty shall be in such a condition of freedom, honour, and safety, as his concessions may be effectual. And as to that prejudice alleged in the preparative of taking resolutions in that which concerns 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 General Assembly and Acts of Parliament: And that in our demands concerning Religion, as the advice of the Commissioners of the General Assembly hath been desired; so we shall never do 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 clear by the Declaration which contains the grounds and resolutions of the Parliament on the whole matter, That there is nothing therein which doth cross 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 General Assembly before it be published; and in matters that concerns Religion, that the Parliament will be ready to hear and consider the advice of the Commissioners of the Kirke. Extract. out of the books of Parliament, by Sir Alex Gibson of Dury Knight, Clerk of his Majesty's Registers, Council and Rolls, etc. Alex. Gibson, Cler. Regist. Edinb. 25. April 1648. The humble return of the Commissioners of the General 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 Lordship's 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 business so highly concerning Religion before, not after your Lordship's resolutions taken therein; And that your Lordships had not given just cause to so many & so considerable Members of Parliament, who have given most real and constant testimony of their integrity in this cause, to descent from, and protest against your Lordship's proceeding to determine a business 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 profess and declare to your Lordships, That this Act being really a taking from us to yourselves, the antecedent judgement and determination of danger, sand duties, so highly concerning Religion in this present juncture of affairs; the liberties of the Kirke are so far prejudiced as could not have entered into our hearts to expect, after so solemn obligations to preserve and maintain 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 laws and laudable customs of this Kirk and Kingdom, 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 be cause, to give our judgements in an Ecclesiastical way, of the materials 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 profess in our late petition, that we never were, nor now are averse from any Engagement, being first satisfied in the grounds of undertaking, and in the way of managing the same, We proceed to make our humble return to your Lordship's 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 profess to your Lordships, that we can find no such thing in that Declaration as a satisfaction to our eight desires, But that we find divers things in it, which we humbly conceive to be very prejudicial to these our desires, and of very dangerous consequence to the Cause of God and the Solemn League and Covenant. And for the particulars we shall express 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 less 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 refusal of that demand concerning Religion, a cause of war against the Parliament of England? with whom this Nation was lately engaged in a war for defence of the League and Covenant, and the end thereof, when the King was in Arms against both: And yet engage in a war 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 refusal of one and the same desire, in the Parliament of England be a cause of war, and yet in the King not so much as an impediment, to assistance, even whilst we have just cause to fear that he will employ 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 Majesty's negative voice, there expressed under the name of such power as may not only bring the bygon proceed of both Kingdoms 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 intere●●ing yourselves in any thing that may put such a power in his Majesty's hands. 3. We have received no answer to that part of the same petition, wherein it was desired that if any within the three Kingdoms who do not swear and subscribe the Solemn League and Covenant, rise in Arms, your Lordships will hold them all for professed Adversaries and Malignants, and endeavour to suppress them. 4. Nor find we nay thing in your Lordship's answer or Declaration, in reference to that clause of our petition that your Lordships may let His majesty and all others know that what you intent on his behalf, 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 King's Majesty, as well as to the Parliament of England, for satisfaction in point of Religion, your Lordship's answer, That the Parliament conceives the same way is now taken that hath been formerly, which we do not understand to be so, not having known 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 divers of the Propositions concerning Religion, formerly agreed upon by both Kingdoms, yet we conceive it is still the duty of this Kingdom, 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 do not expect a right understanding between His Majesty and his people, till somewhat proceeds from him towards a clear satisfaction of the just desires of his people, and especially in point of Religion. And although his Majesty be not presently in that condition, as that he may make a perfect settlement of Religion, yet we 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 he shall be in such a condition of freedom, honour, and safety, as his concessions may be effectual; To pass the ambiguity which may be concealed in these last words, and what concessions are meant, whither His Majesty's future concessions or those already granted, we do not think this delay safe, neither can we know how long it may be. Withal this clause gives some light to that part of your Lordship's Declaration, For His Majesty's coming with honour, freedom and safety, to some of his houses in or near London; This honour, freedom and safety being conceived by your Lordships to be such as may enable His Majesty to effectuate his concessions concerning Religion, appeareth to us to be no less, than a restoring of His Majesty to the exercise of his royal power, without security first had from him for settling Religion. The second part of your Lordship's answer, we humbly conceive doth rather confirm than satisfy our just complaint concerning resolutions taken by your Lordships in matters of Religion, without the advice 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 General Assembly yea, that in your Lordshps demand concerning Religion, our advice was desired; All this addeth to our just grievance, intimating to us, that your Lordships interpret the Covenant and acts of the General Assembly, otherwise than 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 advice was desired in that demand concerning Religion, but it was also true that the demand was resolved upon by your Lordships before our advice 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 concerns Religion, without advice from the Kirke (and here give instance in those particulars complained of by us) so you shall never do any thing that may prejudice this just interest and liberty of the Kirke of Scotland: As we shall not call to mind all that is past, so that which is here expressed by your Lordships, doth yet further add unto our grievance, for to parallel and proportion the measure which we may expect for the future, with that which we have in these late passages received from your Lordships, cannot but leave us under just fears and sad apprehensions. The third part of your Lordship's answer is in reference to our desire of being satisfied upon the whole matter; where your Lordships again refer us to the Declaration, as containing the grounds and resolutions of the Parliament on the whole matter. This we are not able to reconcile with that passage in the Declaration where your Lordships profess, That you are resolved not to engage in any War before the necessity and lawfulness thereof be cleared, so as all who are well affected may be satisfied therewith, and that reparation to such breaches or injuries as are or shall be condescended on, shall be demanded in such a just and fit way as shall be found most lawful and expedient. The one passage holdeth forth to us satisfaction on the whole matter, the other holdeth us still in suspense till the necessity and lawfulness of the War be cleared, and the way of demanding reparation resolved upon; for that your Lordships are pleased to say in the end, that it is clear by the Declaration, that there is nothing therein which doth cross the demands concerning Religion, or is inconsistent with the security thereof; what reason we have to be of another judgement shall appear to your Lordships in our paper, which we are to present to your Lordship's concerning the Declaration, unto which we refer ourselves concerning our sense of other particulars in this business not here expressed. A. Ker The humble Representation of the Commission of the General Assembly: To the Honourable Estates of Parliament, upon their Declaration lately communicated to us. Edinburgh 28. April 1648. seeing your Lordships have been pleased in your Answer to us of the twenty of this Month to remit us to your Declaration to the Kingdom, for satisfaction to our eight desires formerly presented to your Lordships, as likewise to our other desire concerning applications to be made to the King, as well as to the Parliament of England; And seeing your Lordships in the same Paper answering our desire to be satisfied in the whole matter, were pleased again to remit us to the Declaration, as containing the grounds and resolutions of the Parliament on the whole matter. We have therefore taken to our serious consideration your Lordship's Declaration, to look after satisfactory answers to these our desires, and to be satisfied in the whole matter: But in stead thereof, our fears and dis-satisfactions are not a little increased by your Lordship's Declaration. We shall not search into some particulars in matter of fact, mentioned in the narrative part, neither shall we be curious after the reason, why in so large a Declaration concerning public dangers, duties, and remedies. There is no expression for preservation of Monarchical Government in his Majesty's Posterity, as well as in his own person. To the Preface we shall only say thus much, that we could have wished your Lordships had been pleased to express yourselves more plainly, who are those obstructers and traducers of your Lordship's proceed: those deceivers and abusers of the people, which your Lordships (we suppose) point at in reference to this Kingdom, the Declaration being intended for the Subjects of this Kingdom, whom your Lordships call the abused people; If your Lordship's meaning be, that the People are abused by the lies and calumnies of Malignants, how comes it that so much favour and forbearance is granted to such men? If any other than the Malignant party in the Kingdom be meant, we should be glad they were made known. In the first part of the narrative, concerning the necessity, occasion, and consequence of the conjunction of both Kingdoms, We cannot but take notice of that which your Lordships say of those common enemies, by whose counsels and practices the composing of differences in the beginning was hindered, and what evils this Kingdom might have expected, if these counsels and advices which gave first life and motion to these dissensions, should have been still prevalent, We desire it may not be forgotten who were these common enemies, and whose counsel it was that did prevail about his Majesty in the beginning of these troubles, and whether there ought not to be a jealous and watchful eye over any such, if even after their joining in the Covenant they be found in a way of compliance with known Malignants and in a way of opposition to such as have been most active and zealous in the Cause from the beginning. Your Lordships add, that in pursuance of the Covenant, this Kingdom joined in Arms with their Brethren of England, and did prosecute these ends, till their common enemies were subdued, and most of them brought to such condign punishment, as the respective Parliaments thought fit. We shall here pass your Lordships omitting of the Treaty between the Kingdoms, which may be thought to have had a near and immediate influence in reference to the conjunction of these Kingdoms in Arms, although the Covenant was the chief foundation thereof: But whereas your Lordships seem to intimate that the cloud of Malignancy was then sufficiently dissipated, or at least, that the Covenant was sufficiently performed in bringing Delinquents to such condign punishment as the respective parliaments thought fit; We are sorry that we have cause to remember what forbearance, yea, favour and friendship hath been granted to many such: and we are so far from thinking the danger from these former common enemies past and gone, that we still see Malignancy upon the one hand, as Sectarisme upon the other springing up like roots of bitterness to trouble, yea, to defile many in these Kingdoms, these are the horns which yet push Judah and Jerusalem on both sides, the Lord prepare such Carpenters as may cut off both the one and the other. As for the breaches of Covenant which your Lordships insist upon in the following part of your narrative, we wish your Lordships to remember a passage in the Declaration of the General Assembly, and how cautiously they speak of the breach of Covenant in England; the words are these, We would not be understood as if we meant either to justify this Nation, or to charge such a sin upon all in that Nation; We know the Covenant hath been in divers particulars broken by many in both Kingdoms; (The Lord pardon it, and accept a sacrifice) and we do not doubt but there are many seven thousands in England, who have not only kept themselves unspotted, and retained their integrity in that business, etc. That the Covenant hath been foully and shameful broken by as many of the prevalent party of Sectaries and their adherents, as ever took the Covenant, is clear and undeniable, and by their means hath come the resisting and hindering of Reformation, connivance at Heresy and Schism, and other things contrary to the Covenant. But it can as little be doubted of, that there are dangerous breaches of Covenant by Malignants, both at home and abroad; And your Lordships know, true zeal, against breach of Covenant should strike equally on both hands, beginning to reform at home. Your Lordships say well, that the not takers of the Covenant are by the joint Declaration of both Kingdoms declared to be public 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 be looked 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 hearty sorry for it; but we wish there had not been some guiltiness of this same kind at home, when it was carried in the Committee of Estates, that there should be no mention of the Covenant in the public desires sent up in August last to his Majesty. And whereas your Lordships do enumerate amongst these breaches of Covenant, That they who ought to be brought to trial and condign punishment for hindering the Reformation of Religion, dividing the King from his People, one of the Kingdoms 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 only desire your Lordships to remember, that all this is true of Malignants, as well as of Sectaries: and for our part, (whatsoever liberty there be in the manner or circumstances) we do not doubt, but the thing itself is necessary, both by the Word of God, and Solemn Covenant, viz. That justice be done, and condign 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 condign punishment, as the respective Parliaments thought fit, which your Lordships gave us a touch of in the precedent part of your narrative, we leave it to your Lordship's consideration, whether you do not hereby furnish such a retortion to those that favour the Sectaries in England, as that they may plead from that principle in your Lordship's declaration, that the punishment of Sectaries is to be referred simply to the Parliament of England, as they think fit, and that your Lordships must allow them the same latitude of favour toward the Sectaries, as before you have allowed both to yourselves and them, towards the Malignants. Your Lordships add as another breach of Covenant, that in stead of a firm Union and Peace between the Kingdoms, a breach hath been endeavoured, which cannot be denied to be a breach of Covenant, and therefore a rock to be the more carefully avoided; It is our grief that there is also cause to complain of the Malignant party at home, as no less guilty of endeavouring a breach between the Kingdoms. The attempts, injuries, and violences of that party of Sectaries against his Majesty's Royal Person, and the hard condition he is reduced unto by their means, we are very sensible of: And, as we have often before professed, our prayers and endeavours according to our place and calling, have not been, neither shall be wanting for the preservation of his Majesty's Person and authority, in the preservation of the true Religion, and liberties of the Kingdoms: 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 Royal Power, do not upon the matter, and by consequence obstruct and hinder his Majesty's deliverance and restitution, whereof such security and assurance had from his Majesty, might be a powerful and effectual means. As we know not whom your Lordships mean when you speak of such, as had warrant from the Parliament of this Kingdom, for access to his Majesty, and yet were debarred, and as no violence nor injury offered to a public Minister of another Kingdom can be excused; so we are informed, that the Soldier's Act in removing once the Earl of Lauderdale from Wooburne, was not only disclaimed, but his Lordship often thereafter permitted free access 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 order's sake we begin at) We cannot say that it hold forth any convincing clearness to us; Yea so far as we understand, the thing whereunto the Kingdom of England was bound by the Treaty, was not insisted upon by the Commissioners of this Kingdom at London, but an alternative, for assistance against the Rebels by Forces or Monies: After which the Parliament of this Kingdom made a desire of assistance by moneys, which the Parliament of England promised to take into their consideration; And seeing your Lordships in this same Declaration wave breaches of Treaty, in Money-matters, even where the Money was due by Treaty, We hope your Lordships will find it the more inexpedient to insist upon the not obtaining of that assistance by moneys against the rebels, being a way not provided by the Treaty. Concerning the other two breaches which pitch upon the Treaty 1643. First, your Lordships say, that according to the first article of that Treaty, the Covenant should have been taken by both Kingdoms, 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 public 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 Kingdom should desire the Parliament of England to press it, not only upon persons of trust, but universally on all the Subjects of that Kingdom; yet we are not convinced of any just ground of War against that Kingdom, in that which hath been instanced by your Lordships, especially considering that the Covenant was taken by the Representatives, and other chief corporations in, England, whereupon both the General Assembly, and the Parliament of this Kingdom have frequently mentioned in their Acts, Letters, and Declarations, the Union and conjunction of both Kingdoms by Solemn 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 errors 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 hearty wish, that the joint way of applications to the King by both Kingdoms once begun, had been continued, and do conceive very much prejudice to the Cause by the divided way: only, we offer it to your Lordships further consideration whether this breach be not at least disputable, there being no mention at all in that Article of Proposals, Propositions, or Bills, but only of Cessation, Pacification, and agreement for Peace; so that it may justly be doubted whether the sending of those Proposals and Bills to the King without the consent of this Kingdom, hath in it that certainty and clearness of a breach of Treaty between the Kingdoms, as may be a ground of War: And if it be a breach of the Treaty for either Kingdom 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 Lordship's desire assurance of his Majesty to agree to such Acts or Bills as shall be presented unto him by his Parliaments of both or either Kingdoms, respecitiuè. 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 Majesty, in reference to the disbanding and removing of the Rebels in this Kingdom, 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 speak more plainly in the next Clause, giving us to understand, that those differences or breaches are such, as if not repaired by amicable endeavours, may otherwise necessitate this Kingdom to engage in a war, but that first your Lordships intent 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 be condescended upon, and Declared by the Parliament, what are those breaches of Peace, which they take to be a ground of War, and that reparation thereof may be sought. But as we see no breach of Peace instanced in the Declaration, and as the three breaches of Treaties insisted upon by your Lordships, seem to be at least debatable; So we hear 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; Only we hear of three desires to be sent to the Parliament of England for Religion, His Majesty, and the Good and Peace of these Kingdoms: We conceive its the best and most justificable way of proceeding, that public, as well as private injuries be declared and made known to those whom it concerneth to give satisfaction therein. Besides all this, we fear your Lordships will hardly avoid a Nationall quarrel 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 than they did not suppress the Irishes in this Kingdom, they did not enforce the Covenant on all their Officers, much less on all English Subjects, neither would they then admit that they were obliged by Treaty, not to send Propositions of Bills to the King, without the concurrence of this Kingdom. In all this that we have said, it is far from our meaning to assume any judgement of the Treaties between the Kingdoms; 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 withal, seeing it is not only our desire as Messengers of peace, but your Lordship's 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 Lordship's serious thoughts, whether it will not be most agreeable to that Brotherly way of proceeding between two Kingdoms 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 Kingdoms were joined in Covenant; How much more now, being so conjoined, are all possible and lawful ways to be tried, for preventing the effusion of more blood. In your Lordship's first demand which concerneth Religion, there are some things wherewith we cannot in our consciences be 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 King's 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 himself in his late Concessions sent to us, and in divers 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 Royal consent; But of this we have expressed ourselves more fully in answer to your Lordship's Paper of the twentieth of this month. 3. Although this is the second time your Lordships cite in this Declaration a passage of the joint Declaration of both Kingdoms, by which all that would not take the Covenant were declared to be public enemies to their Religion and Country, 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 equal to press such a rule upon the Parliament of England, except your Lordships be pleased to walk according to that rule yourselves. 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 that Confession of Faith hath in it some necessary cautions, provisoes, and explanations; which as the General Assembly judged necessary to be added in their Act, so we do not think that part of your Lordship's demand as it stands without any such caution to be safe enough: which among other things shows 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, lawful, and brotherly ways according to the Covenant, and hearty approve any such desire as your Lordships shall send to the Parliament of England, by the advice and consent of this Kirk, for in joining 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 Presbyterial 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 Lordship's expression in the precedent Paragraph. Your Lordship's second demand is, That the King's Majesty may come to some of his Houses in or near London, with Honour, Freedom, and Safety, that applications may he made to him by Parliaments of both Kingdoms for attaining his Royal assent to such desires as shall be by them presented to him for establishing Religion as is above expressed, and settling 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, Freedom's and safety to some of his Houses, in, or near London; We know not what length of time this may draw to, or how much danger there may be in the delay 2. The establishing of Religion here mentioned, as that which your Lordships intent to desire of his Majesty, is according to that which is above expressed, where we doubt not your Lordships refer 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 less than the restitution of his Majesty to the exercise of his Royal Power before Applications made, and desires presented to him, much more before assurance and security had from him, for the settling 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 effectuate his Concessions concerning Religion; And what is that less than the exercise of his Royal power restored? This we further add, that we humbly conceive, his Majesty's Honour may comprehend, or may be made use of as comprehending, not only the possession of his Revenues, but also the exercise of his Royal Government; Next, being in freedom, he may repair to any part of his Dominions in Scotland, England or Ireland; And lastly, being restored to be in a condition of safety, he may provide Forces for guarding Himself against all apprehended dangers, for if Guards should be set about him, by his Parliament, it will be said to be contrary to the condition of freedom; So that bring restored to some of his Houses, in, or near London, with Honour, Freedom, and Safety, We do not conceive what he shall want of the exercise of his Royal Power Considering withal, that neither themselves, nor any others will conceive the Honour, Freedom and Safety to be Kingly, and such as becomes his Royal Person, if he shall want the exercise of his Royal Power: Yet this restitution of his Majesty to the exercise of his Royal Power, before security had from him for settling Religion, Your Lordships know by our eight Desires, and other ways, 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 near London, We know not what influences he may have upon the Houses of Parliament to obstruct and hinder their presenting of Bills to Him, for enjoining the Covenant, abolishing Prelacy, and the Book of Common-prayer, Establishing the Confession of Faith, Directory of Worship, and Presbyterial Government; Or what strength his Majesty so restored may again attain by the assistance of the Popish, Prelatical, and Malignant party, for a new and bloody War, to the devastation of these Kingdoms, and the ruin of our Religion and Liberties. Which things we have the more cause to fear and apprehend, his Majesty having declared and professed, that he is 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 near 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 than 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 Majesty's coming to London, with honour, freedom, and safety, without security first had from him in such things as are necessary for Religion, and the safety of the Kingdom. 6. Seeing your Lordships are obliged by the third Article of the Covenant, to defend his Majesty's Person and Authority, in the preservation and defence of the true Religion, and Liberties of the Kingdom; We conceive your Lordships should not demand from, nor press upon the Kingdom of England, His Majesty's 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, Freedom, and Safety, before so much as applications be made to Him for establishing Religion and Peace, we then leave it to your Lordship's 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 Liberty before the Ordinances of Christ have a free course, and whether His Majesty's safety shall not be provided for and secured; before either Church, or Kingdom 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 King's 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 Civil 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 Kingdom, (during His Majesty's being at Newcastle,) that they could not admit of his Majesty's coming to Scotland in freedom, unless 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 Majesty's being in some of his Houses, with such attendance as the two Houses should think fit, until He give satisfaction in the Propositions; If after all this it be now insisted upon, that his Majesty may be restored with Honour, Freedom, and Safety, before such satisfaction had from Him, we fear it shall lie as a great scandal upon this Kingdom, 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 King's Person in England, in such a way as that he may come to London with Honour, Freedom, and Safety, without his Majesty's giving or your Lordship's desiring his Majesty to give satisfaction and security in Religion, & in such things as belong to the safety of the Kingdom (without which there can be no lasting security expected to Religion.) At it is a fare different point from the urging of a joint interest in the disposing of the King's Person by both Kingdoms 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 prejudicial 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 Kingdom, and consequently alienate them from the intended Uniformity in Religion, according to the Covenant. As these reasons make us conceive your Lordship's 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 Kingdoms. when he was taken away by a party of the Army under the command of Sir Thomas Fairfax, that both Kingdoms may freely make their applications to him. Concerning your Lordship's 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 employed 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 arms, 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 Kingdom. It is further to be considered, that this Demand being joined with the second, the present Army in England disbanded, and his Majesty brought to London with Honour, Freedom and Safety, how easily may all the Malignant, Popish and Prelatical party in his Majesty's Dominions flock unto him? Which how prejudicial it may be, his Majesty keeping still his principles, is easy to be judged. As for the exceptions added in your Lordship's demand, to pass 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 Garrisons themselves; which may be understood as a confession on your part, that all the Garrisons 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 Garrisons be commanded by such as your Lordships describe. We have but one point more to add, concerning this third and last demand: For we cannot conceal our fears and apprehensions, that your present resolutions and proceed, and the entertainment of English Soldiers, whereof many are Papists and Malignants, and some eminent in malignancy, is not the way to further, but to retard and hinder the disbanding of the present Army in England, and to frustrate the 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 Kingdom of England, but for them; as we shall not presume to speak of the Nationall Rights and Privileges of another Kingdom, So we cannot see how the principles of your Lordship's Declaration can consist with the first part of our third Desire, which was, That there may be no such quarrel or ground of the Wa●re as may break the Union between the Kingdoms; for we conceive there are divers such quarrels in the Declaration as fall directly and necessarily upon the votes and proceed of the Houses of Parliament, even when they were most free. Concerning that which your Lordships add in reference to the latter part of our third desire, and to out whole fourth desire, We humbly conceive, it is very fare short of that which is no less your Lordship's duty then our desire; for, 1. Your Lordships only declare Association and Conjunction of Forces with those who shall refuse to swear and subscribe the Covenant, which doth not exclude Association of Forces with such as neither have taken, nor shall take the Covenant, so that they be not urged 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 public Orders for taking of the same. Which being so; how shall your Lordships find the Malignants in England to be refusers of the Covenant, except your Lordships enforce it upon them, which we suppose your Lordships intent 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 Arms, your Lordships will oppose them, and endeavour to suppress them, only your Lordships say, you will not associate nor join forces with them. 3. Whereas your Lordships say, That you will be so fare from joining or associating with the Popish Prelatical, or Malignant party, if they shall again rise in Arms, either to oppose or obstruct all or any one of the ends of the Covenant, that you will oppose and endeavour to suppress 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, Prelatical, or Malignant party shall rise in Arms for the King's 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 suppress them, that you shall both protect their persons and estates, and also join or associate Forces with them. In all which we have the more cause to be full of fears and apprehensions, because of so many English Malignants, even now protected and entertained in this Kingdom, in hopes of military employments, yea divers 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 entrusted in Armies and Committees, we shall need to say no more than 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 proof of their integrity and faithfulness in the Cause, and against whom there is no just cause of jealousy, 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 Lordship's Answer, we are not without fears, 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 deal 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 been before presented to your Lordships, and there being nothing in your Lordship's Declaration to satisfy or take off these our fears, but such expressions insisted upon as keep aloof from the qualifications desired by us, all that are unbyased, may easily judge whether we have not herein some real ground to be unsatisfied. That which followeth in the said Declaration concerning the rescuing of his Majesty's Person, that He may come with Honour Freedom, and safety to, or near London where both Kingdoms may make their applications to him, for settling Religion and Peace, we have before spoken fully to it. And whereas your Lordships add a kind of Saluò in satisfaction to our fifth and sixth desires, it will plainly appear that these desires are not satisfied by any thing here expressed in your Lordship's Declaration. Your Lordships say, You resolve not to put in His Majesty's 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 mind, 1. That your Lordship's words may be understood, either in this sense, that you are not resolved to put any such power in His Majesty's 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 Majesty's Hands, and if so, then there remains 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 Presbyterial Government; Or whether it be meant to be extended to his Majesty's negative voice. 2. When your Lordships say, that you are not resolved to put any such power in His Majesty's Hands, this needeth not hinder your Lordships yielding and acquiescing if others put such power in His Majesty's Hands; For resolutions, not to do a thing, may stand with resolutions nor to hinder it. 3. When your Lordships have resolved to oppose the putting of any such power in his Majestis Hands, as may be destructive to Religion; Yet upon supposition, that His Majesty's jestie is come to London with Honour, Freedom and Safety, we doubt, whether it may not prove impossible to your Lordships to hinder the putting oft such a power in His Majesty's Hands. Your Lordships add what assurance you intent to crave from His Majesty for satisfaction in point of Religion; But withal, we observe three limitations or qualifications joined therewith, which (so far as we are able to judge) leave this great point in a very dangerous uncertainty. 1. Your Lordship's 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 sixth desire, Before his restitution to the exercise of his Royal Power. If your Lordship's expression were only a more smooth one, with the like security to Religion, (such as your Lordship's Answer March 27. did put us in hopes of) we should have cheerfully acquiesced: but we are so far from perceiving the like security to Religion that we rather fear your Lordship's qualification may make void and firustrate the security that we desired. For first, It clearly supposeth, that his Majesty shall come with Honour Freedom, 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 Majesty's coming to, or near London with Honour, Freedom, and Safety according to the method of proceed proposed in the Declaration; Now being once at London, with Honour, Freedom, 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, unless it be for some Concessions on his Parliaments part, and among other Concessions probably somewhat for Episcopacy too, for establishing whereof, He conceiveth Himself 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, or any thing else in the Declaration, His Majesty may be restored to the exercise of His Royal 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 doubtful, and may be interpreted in several sense, either that His Majesty's 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 doubtfulness 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 Majesty's 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 Solemn Declaration. The third qualification in the assurance to be required from his Majesty, is, that he shall agree to such act or acts of Parliament, and Bills, as shall be presented unto Him by His Parliaments of both or either Kingdoms respectively for enjoining the Covenant, and establishing the Presbyterial Government, Directory of Worship and Confession of Faith in all his Majesty's Dominions. But we humbly conceive, it were more for the Glory of God, good of Religion and his Majesties own happiness, that his Majesty should after the example of the Godly reforming Kings of Judah, and of the best Christian Emperors of old in the Christian Church, Declare his own zeal and forwardness for the Reformation and settling Religion, and that your Lordships should do well to solicit and incite his Majesty hereunto, rather than to seem to yield so fare as that his Majesty shall be free for his part, till his Parliaments of both or either Kingdoms 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 solicit 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 subjoin 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 Lordship's meaning doth reach in the word other ways, 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 engagement 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 form of an Oath to be subjoined, 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 proceed 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 lawful Oath, but that it would make the business worse. Your Lordships add 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 lawfulness 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, shallbe demanded in such a just ane fit way, as shallbe found most lawful 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 suspense, till all the dangers, grounds and resolutions be made known, and till the lawfulness 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 Lordship's 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 Country 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 several particulars before mentioned. We cannot here pass a new interpretation which the Declaration puts upon the Solemn League and Covenant, viz. That we did solemnly swear and promise before God and his Angeli to endeavour Reformation of, and Uniformity in Religion and Church-Government in all his Majesty's Dominions according to the Word of GOD, and the example of the best Reformed Churches. Where we pass your Lordships limiting and restricting of Uniformity more than 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 than we have a precedent of in other reformed Kirks; but that which here we chief aim at, is the following clause of the Declaration, viz. And not only to the utmost of our power, with our m●an, and lives to stand to the defence of our dread Sovereign, his person and Authority, in the press vation of the true Religion and Liberties of the Kingdoms, but also in every cause which may concern His Majesty's Honour, to concur according to the Laws of this Kingdom, and duty of good subjects. Yet your Lordships know that no such interpretation bathe been 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 Lordship's meaning was only of our Nationall Covenant, yet it may be observed withal that the plain and grammatical 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 General Assembly, Anno 1639. to his Majesty's commissioner and the Lords of Secret Council, 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 public desires of this Kirk concerning Religion; We hearty wish we might say the like now. 2. We do not see the Cause stated in the Declaration to be for his Majesty's honour, and so to fall within that duty expressed in the Declaration of the General Assembly. And as one of the ends of the Covenant was his Majesty's honour and happiness, and your Lordships also have acknowledged in your Oath of Parliament, that the honour, happiness, and greatness of the King's Majesty, doth depend on the purity of Religion as it is now established in this Kingdom, So whatsoever crosseth or prejudiceth the grounds of the Covenant, or any of the ends thereof, cannot with us find any such commendation as to be a cause which concerneth his Majesty's honour. 3. Whatsoever we own to the King in civil 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 General Assembly, under colour of his Majesty's Honour to concur with him, or any in his Name, in a cause which is hurtful and prejudicial 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 remembered that the Crosse-petition having cited the same clause of the said Petition of the General Assembly, and making use thereof in order to an engagement in War in his Majesty's quarrel against the Parliament of England, was declared against by the Commission of the General Assembly, Anno 1643. And among other particulars it was then declared, that the limitations expressly mentioned in the words cited out of the Assemblies Supplication, viz. according to the Laws of this Kingdom, and duty of good Subjects, were interpreted by some that spoke at the time in the general Assembly, to be all one as if it had been said, within this Kingdom, we not knowing of any Laws of this Kingdom of further extent. It was also then observed any may now be applied and remembered, that the Nationall Covenant having been subscribed in the Years 1581. and 1590. before King James was King of England, and being qualified in the particular Heads and Articles by express limitations and restrictions to this Kirk and Kingdom, to the Religion, Laws and Liberties of Scotland, can no more be extended to municipal debates, and to the Laws and Liberties of England, unto which we are strangers, than the Kingdom of England can judge of our Laws, 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 Kingdom of Scotland will now make it evident, as they have often declared, that their quietness, stability, and happiness doth depend upon the safety of the King's Majesty's Person and maintenance of his greatness and Royal authority, who is God's Vicegerent set over us for maintenance of Religion and ministration of justice; we shall only put your Sordships in mind, that your National Covenant joineth with his Majesty's Safety, his good behaviour in his Office, and saith, That the quietness and stability of our Religion and Kick doth depend upon the saety, and good behaviour of his Majesty, as upon a comfortable Instrument of God's mercy granted to this Country 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 justice, it is ot his safety alone, that make his Peaple to be in quietness and happiness; Withal, as our quietness and happiness dependeth on his Majesty, and his doing of his duty as an Instrument and Minister of God for good, So the Honour, Greatness, and Happiness of the King's Royal Majesty, and the welfare of the Subjects, depend upon the purity of Religion, as is well expressed in your Lordship's Oath gf Parliament. And now we shall with your Lordship's 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 clearness, lawfulness, and necessity of the Cause and quarrel, 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 profess 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 Lordship's Declaration; And therefore for our exoneration do dissent from the whole complex business in the said Declaration, as not containing clear and convincing grounds of undertaking of a War, nor providing for the security of Religion, nor clearly disclaiming his Majesty's 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 ways of Peace to be sought and assayed before a War. 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 business contained in the said Declaration, and take to witness, God, Angels, and men, that your Lordships have not wanted warning from the Watchmen, And that we shall be free of all the distractions, confusions, miseries and blood, which may follow upon your Lordship's proceeding to an engagement in War, upon the grounds of the Declaration. We further call to record, the searcher of all hearts, and the righteous Judge of all the world, that our not concurring proceedeth not from want of zeal against Sectaries, nor from any remissness in that which may concern his Majesty's true Honour and Happiness, and the preservation of Monarchical Government in him and his Posterity, nor from any want of tenderness of the Privileges of Parliament, nor from any want of sympathy with our afflicted and oppressed Brethren in England, In reference to all which our proceed have been and shall be (we trust) real testimonies of our affection and sincerity; But our not concurring proceedeth merely from tenderness in the point of security of Religion, and union between the Kingdoms, and from the unsatisfactoriness of the grounds of your Lordship's Declaration, as hath been expressed in the particulars. Wherefore we humbly beseech your Lordships to interpret favourably and charitably any liberty which we have used (the matter being such as lieth sad and weighty upon our Consciences) and that your Lordships would also be pleased to be mindful of making good that passage of your Declaration, where you say that you are resolved not to engage in any War, before the necessity and lawfulness thereof be cleared, so as all who are well-affected may be satisfied therewith; Which if your Lordships shall be pleased to do, there is a door of Hope yet open, and we shall not cease to pray unto the Lord (as he shall assist us) that a Spirit of counsel and understanding and of the fear of the Lord may be upon you, and that God would graciously rid both your Lordships and us out of all hid and lurking shares, and so guide your Lordships, as that there may be yet a sweet and harmonious joining of hearts and hands upon right Principles, Grounds and motives, in a right way, and for the right ends. A. Ker. Edinb. 6. junii, 1648. The humble Vindication of the Commissioners of the General Assembly, and their late Proceed: In Answer to the LETTER of the High and Honourable Court of PARLIAMENT, Dated May 11. to the several Presbyteries in the Kingdom. ALthough we doubt not but the particular Presbyteries will sufficiently return answer to the Parliaments Letter so far as concerneth them, (wherein divers Presbyteries have already given example to the rest) yet the chief purposes of that Letter reflecting all along upon our late proceed, and the Letter being also printed and published for common view and use; The great trust put upon us will not allow us to be silent in such a case. And the greater cause we have to vindicate our proceed in this manner, because whilst we had just reason to expect from the Parliament a clear and real satisfaction to our desires, seconded by so many Provincial Synods, in stead of such satisfaction, that Letter came abroad with many reflections upon our proceed, neither was any thing hereof communicate or made known from their Lordships to us, that we might have been heard for clearing our own actions before the divulging and spreading abroad of the Letter. To the Preface of the Letter we answer, that as it is too manifest how many and great scandals are thrown upon us and our proceed by the favourers of Malignants and haters of Reformation and Presbyterial Government; So we know not either among ourselves, or in any Assemblies of the Church of Scotland and favourers of Sectaries, or haters of the Person of the King and of Monarchical Government, who throw scendals upon the Parliaments actions; And if any shall by sufficient proof discover any such in this Kingdom, it will quickly appear how far the Assemblies of this Church (and we for our part) shallbe from conniving at, or beating with them; yea the General Assembly and Commissioners have already declared so much, and so often both for the preservation of the Monarchical Government in his Majesty and his posterity, and against Sectaries. And there hath been also so long and real proof both of the loyalty of this Reformed Church of Scotland to his Majesty's Father, and to himself, and of zeal in executing Church Discipline against Sectaries (wherever any were found) that the world may bear witness with our Consciences of our integrity both in the one and in the other, although we should altogether hold our peace. Error will sooner comply with error then truth can, and favourers of Malignants have been and may again turn to be favourers of Sectaries, to serve their turn and save their interest for the time. For our part as we did before so we do still, clearly and ingeniously profess that we look upon Sectaries and Malignants as enemies to be opposed, as rocks to be avoided on the right and left hands. We see no cause why the several Presbyteries need to be conjured as they will answer to the great God not to suffer themselves to be possessed with unjust and undeserved prejudices against the Parliament and their proceed: The fear of God, & conscience of their duty, will keep them upon the one hand from unjust and undeserved prejudices against their Lordships and their proceed, and upon the other hand from obeying unjust Decrees, and complying with iniquity although established by a Law. What their Lordships profess concerning their preferring of no earthly thing to their duties for Religion, and concerning their real endeavours to satisfy the most tender consciences, by their Lordship's great compliance with our many desires: All this we leave to the searcher of the hearts, and tryer of the reins, who can and will judge thereof: This we can say for ourselves, that to this day, we have not received a satisfactory Answer from their Lordships unto any one of our desires presented to their Lordships for the safety and security of Religion, but under colour of yielding somewhat, our desires were more dangerously refused, then if they had been flatly rejected. If that which followeth in the Letter hold good, viz. That it cannot be by any with truth and justice alleged that their Lordships have in the least measure wronged, or violated the true Privileges and Liberties of the Church, we are greatly to be blamed and censured for complaining in one of our Papers to the Parliament, that their Lordships have very much prejudiced the true privileges and liberties of this Kirks, and for protesting (upon that occasion) against such preparatives, and for preservation of the liberties of the Kirke in time coming. But now how much truth and justice we had for the ground of our grievance and protestation, all who will not shut their eyes against the clear light may easily understand. For was it ever before heard or known, that any Parliament of this Kingdom did without the knowledge and consent of those who had for the time, the trust of the public affairs 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 only dangerous expressions concerning the Confession of Faith, Directory of Worship, and Presbyterial 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 General Assemblies, without so much as first consulting us concerning such a sense thereof, which might have been 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 we having promised a speedy return thereto, which accordingly after eight days 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 ourselves of any encroachments upon the unquestionable Rights of Parliament. We are obliged by Solemn Covenant to endeavour the preservation of the Rights and Privileges of Parliament; And to encroach upon the same were indeed a heinous 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 faithful servants of God have usually been traduced as troublers of, and encroachers upon the Rights of the Civil Magistrate, will not much marvel that what hath been, is now. As to the three instances mentioned in the Letter, to prove that great encroachments are made upon their Lordship's unquestionable Rights. First, it is said, What can be more civil then to determine what Civil duties we ought to pay to our King, or what Civil powers he ought to be possessed of? We ask again, whether in our late conferences with their Lordship's concerning an engagement in War, there was any thing more proper to be insisted upon by us, than 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 Royal power? Must not duties to God (whereof the securing of Religion is a main one) have the supreme and first place, duties to the King a subordinate and second place? Next as we have not determined what Civil duties the Parliament ought to pay to the King, or what Civil powers he ought to be possessed of; and as it is competent to the Parliament to judge of Civil duties between the King and his People, in their own way; so can we not admit that it is proper and competent only 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 Ministerial Doctrine, and in difficult cases a subject of cognizance, and judgement to the Assemblies of the Kirke. And here it is not to be 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 public 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. Nevertheless it was very competent for us among other things requisite for the safety and security of Religion and our Solemn Covenant, to represent to the Parliament the Qualifications which we judged from God's word to be necessary in such as are entrusted with the managing of so great Affairs, and so highly concerning our Religion and Consciences; Which we have had the more reason to insist upon, for our own and others satisfaction, we being desired to join and concur in the business. Suppose a Minister preaching before the Election of Magistrates (which is usual) and showing 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 sinful and blame-worthy, how much more the committing of so great a public 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. We 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 quarrel for his Majesty's Negative voice, because of the great dangers which may thereby come to Religion, not only by future disappointments of the so much desired settlement of Church affairs, but by quarrelling the Solemn League and Covenant itself, 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 jointly, and make this further answer to them all. First, although the points had been merely Civil, yet by the Confession of Faith agreed upon by the Assembly of Divines at Westminster and approved by the General Assembly of the Church of Scotland as sound and Orthodox as the Act more particularly beareth, we are allowed to apply ourselves to the Parliament by way of humble supplication even in Civil 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 public resolutions. The Episcopal disease of meddling with Civil affairs we trust through God's mercy, neither hath, nor shall have any place among the Ministry of this Kingdom, who by their Nationall Covenant abjured the Civil places and power of Kirk-men. Only we shall desire it may be remembered that there were other Episcopal diseases and distempers beside this, as namely, encroaching upon the liberties and privileges of Ecclesiastical Assemblies, the forcing of the consciences of God's people, and persecuting such who could not in conscience obey. Wherefore it is necessary that all the Episcopal evils and disorders be carefully avoided. And as we do not doubt the ensuing General Assembly will do what shall be fit for them to prevent the vilifying and contemning the authority of Parliament, if it be found in danger to be vilified, so we humbly conceive they will not be unmindful to prevent the vilifying and contemning of the authority of their own Commissioners. The following clause in the Letter putteth over to the General Assembly any of the Ministry, who shall offer to stir up the Subjects of this Kingdom to disobey or deny to give Civil obedience to their Laws, it being expressly provided by the second and third Acts of King James 6. his 8. Parliament in Anno 1584. that none of his Majesty's Subjects under the pain of Treason impugn the Authority of Parliament. Where first we shall desire that two known distinctions, which in this passage of the Letter seem either to be confounded or forgotten, may be remembered. Civil obedience to Acts of Parliament is either in things unlawful and contrary to the Word of God, or in things lawful and right. In the former case it is a sin to obey: in the latter case, a sin not to obey. Again the Authority of Parliament is one thing, an Act of Parliament another thing; We do still acknowledge their Authority when we obey not this or that Act. And whatsoever be the Treason of impugning the Authority of Parliament, it can be no Treason to obey God Father than man: Neither did the General 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 applied, except to the abridging of the Liberties of Ecclesiastical Assemblies; for it dischargeth all Judicatories and Judgements, Conventions and Assemblies Ecclesiastical, without his Majesty's special licence and Commandment, 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 Solemn 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 Council: However we are hearty sorry for the citation of the acts of that Parliament, a Parliament which reintroduced Episcopacy, and so made defection from the Nationall Covenant sworn three years before: For Captain James Stewart then Earl of Arran and Chancellor, and the few Prelates of that time contrived and procured such Acts of Parliament as might serve their ends. The same Acts were alleged and urged by his Majesty's Commissioner in Anno 1638. for Episcopacy, whereunto this Answer was made at that time, The Acts of Parliament, 1584. are of several natures but they were protested against by the Ministers of Edinburgh in the name of the Kirke of Scotland at the Market Cross of Edinburgh when they were proclaimed, and as they were made in that time which was called the hour of darkness of this Kirke Tyranized over by the Earl of Arran, so are they repealed, 1542. Cap. 114. It is not to be forgotten, That after the making of those Acts of Parliament, they were so generally disliked by all good men, that the chief Courtiers of that time thought it necessary to employ Master Patrick Adamson, a chief deviser of these Acts to make a Declaration of the meaning thereof in his Majesty's 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 burdened to be the setter forth of a Book called the King's 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 Chancellor for the time, but chief by the Secretary, another great Courtier who himself penned the second Act of Parliament, concerning the Power and Authority of Judicatory to be absolute in the King's Power, and that it should not be lawful for any Subject to reclaim from the same, under the penalty of the Act which I suppose was Treason. Beside that Declaration his Majesty himself having received a supplication from divers well-affected Ministers with their Animadversions upon the said Acts of Parliament, did pen with his own 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 amiss 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 be slanderous against some of the Ministry, which we would wish to be reform or otherwise conceived, except the truth thereof were verified. And as to the substance of the Act itself, it attributeth to your Majesty a Sovereign power of Judgement not only upon the persons of your Subjects, but also in all matters wherein they or any of them shall be apprehended, summoned, or charged, etc. Which appeareth to be very strange, the like whereof we bear not to have been practised in any Christian Commonwealth, and cannot stand with the Word of God, for although the persons of men are subject to your Majesty and Civil Judges when they offend against your Laws, yet matters Ecclesiastical and concerning conscience, no Christian Prince can justly claim, nor ever claimed to himself such power to judge, Seeing the Prince in this behalf is a member of the Kirke, and Jesus Christ only the head, who only hath power to give Laws in matters of Conscience; and so said the godly Ambrose, Imperator bonus intra Ecclesiam non supra Ecclesiam est: And to confound the Jurisdiction, Civil and Ecclesiastical, is that thing wherein men of all good Judgements have justly found foult with, in the Pope of Rome, which claimeth to himself the power of both the swords, which is as great a fault to a Civil Magistrate to claim and usurp, and especially to judge upon Doctrine, Errors and Heresies, he not being placed in Ecclesiastical function to interpret the Scriptures, the warrants hereof out of the word of God we are likewise to bring forth. Hereunto we shall add a passage out of the recantation of Mr. Patrick Adamson subscribed with his hand before famous witnesses and exhibit to the Synod of Fyffe. the passage is this. There are contained in that second Act of Parliament divers others false intentions for to defame the Ministry and to bring the Kirke of God in hatred and envy with their Prince and Nobility, burdening and accusing the Ministers falsely of Sedition, and other crimes, whereof they were innocent (as likewise it is written in the same Act and Declaration thereof that Sovereign and Supreme power pertaineth to the King in matters Ecclesiastical, which is worthy to be condemned not to be contained among Christian Acts, where the power of the word is to be extolled above all the power of Princes, and to be brought under subjection to the same. The words of the second Printed Act cited, or the third unprinted (so Fare as concerneth the purpose of the Letter) we find to be thus: That none of his Liege's nor Subject's presume or take upon band to impugn the dignity and the Authority of the said three Estates, or to seek or procure the innovation or diminution of the Power and Authority of the same three estates or any of them in time coming under the pain of Treason, These words we humbly conceive as they relate to the constitution of Parliament made of the three Estates and to the Authority thereof, being in that manner constituted, not to the obedience of their particular Acts, so if they be urged and pressed according to the meaning and intention of the Act before declared, they will conclude under Treason all who impugn the Power and Authority of Bishops, Abbots and Pryors as the third Estate of Parliament. To the conclusion of the Letter we shall need to say but little, having already in other papers expressed ourselves fully, concerning the unsatisfactorines of their Lordship's Declaration, and the unlawfulness of the present engagement; Which although it be pretended to be the same cause for which this Kingdom hath done and suffered so much, yet if it be remembered that the Kirks desires for the point of Religion are not granted, that the well-affected who were most zealous in the cause from the beginning are generally against this engagement, that it is carried on, by such as were for the most part dis-affected to the Cause in the beginning, and were against the former expeditions; that the Public affairs are entrusted into many new hands, such as we cannot be confident of; These and the like considerations will quickly make it appear that the cause is not the same, but hugely different from what it was, and that the same grounds and principles which made us Active in furthering the former expeditions, hinder us from furthering this. A. Ker. Edinb. 10. Junii 1648. The Humble Advice and Petition of the Commissioners of the General Assembly, To the Honourable Estates of Parliament. WHile we were about preparing of our thoughts concerning the unsatisfactoriness of a paper communicated unto us from your Lordships upon Wednesday, being a draught of an Answer from the Parliament ot the several Petitions of Presbyteries, Synods and Shires tendered to them: There was a motion made unto us from your Lordships by the Lord Ley and the Lord of Armstoun, to wave a particular return unto that Paper, seeing it was not to be looked upon as the sense or mind of the Parliament, in respect that before the Parliament had taken it into debate or consideration, they did think fit to communicate it to this Commission; and withal to desire that the Commissioners would be pleased to tender unto the Parliament their advice, concerning the security of Religion in answer to the several Petitions presented to the Parliament of late from Synods, Presbyteries and Shires: Unto which motion we make this humble return. For the first part of the motion; We are resolved to lay aside the consideration of that Paper, and to make no Representation of our thoughts thereupon, if your Lordships be pleased to make no further use thereof. As for the other part of the motion, calling for our advice concerning an Answer to the Petitions presented from several Shires, Presbyteries and Synods unto the Parliament: Although we humbly conceive, your Honours may clearly perceive what is our judgement by our Papers presented to your Lordships from time to time; yet being required we shall again faithfully and freely tender this our humble advice. We call to record the searcher of all hearts, the Judge of the world, that our not concurring with your Lordship's proceed hitherto, hath not flowed from want of zeal against Sectaries, for the suppression of whom, and for the advancement of the work of Reformation, we are ready to hazard all in a lawful way; Nor from any remissness in that which concerns his Majesty's true Honour and happiness, and the preservation of Monarchical Government in him and his posterity, nor from any want of tenderness of the privileges of Parliament; nor from want of Sympathy with our afflicted and oppressed Brethren in England; nor from partial or sinistrous respect to any party or person whatsoever within the Kingdom; But from mien tenderness in point of security of Religion, and the Union between the Kingdoms, and from the unsatisfactoriness of the grounds of your Lordship's Declaration, as hath been expressed more at lengthen our Representation: Notwithstanding your Lordships, to our very great grief, have proceeded to a Levy, whereby heavy burdens and pressures have been laid upon many faithful Covenanters, most forward in all former expeditions, and averse from this, only for want of satisfaction concerning the necessity and lawfulness thereof, promised in your Lordship's late Declaration, but not as yet performed. It is therefore our humble advice that the Petitions being so just 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 fair and amicable ways for removing the differences between the Kingdoms, before sending any forces to England or any other way of engagement in War. And lest the taking of Berwick and Carlisle which is so scandalous to this Nation) be looked upon by England as a breach of Union on your part; That your Lordships would be pleased to make it appear, that neither the Parliament, or any of your number have had any accession to the surprisal or supplying of these Towns, nor shall we have any correspondence or compliance with those who have been actors therein. We do also conceive it necessary for satisfaction of the Petitioners, That his Majesty's 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 He was in, by the agreement of both Kingdoms 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 freedom and safety (which doth amount to no less than 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, enjoining the League and Covenant, and fully establishing Presbyterian Government, Directory of Worship, and confession of Faith in all his Majesty's Dominions; and that his Majesty shall never make opposition to any of these, or endeavour any change thereof. That your Lordships will make it appear that you mean to be far from interesting yourselves in any quarrel for his Maj. that may put into his Majesty's hands such power, as may not only bring the bygon proceed 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 Kingdoms. That a clear and direct course be laid down and declared not only not to associate nor join in Counsels or Forces with the Popish, Prelatical or Malignant party, but also to oppose and effectually endeavour to suppress all such of them as have already risen or shall 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 done in carrying on the engagement, which may break the union of the Kingdoms, or may discourage or disoblige 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 instrumental 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 proof of their integrity and faithfulness, and against whom there is just cause of exception and jealousy, so that we cannot exhort our flocks to be confident of their fidelity; yea, and divers that have been in real opposition to the Cause, are entrusted with the managing of your Lordship's public resolutions: That therefore your Lordships will be pleased in your wisdom 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 do 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 been ordained by your Lordships, and put in execution by your Order, contrary to some of these desires, some effectual remedy may be found out by your Lordship's wisdom and goodness for the help thereof; That all who since the beginning of this Levy, through tenderness of conscience, have suffered any ways, may be repaired, all unusual and grievous courses impoverishing good people and utterly disabling them to subsist, may be hereafter avoided: and the intolerable insolency, profaneness, blasphemies, and manifold outrages that of late have appeared in the Soldiers, 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 Ministerial calling, all which they have from Jesus Christ the only Head and Lawgiver in his Kirke, and which your Lordships are obliged by solemn oath in our Covenants to maintain: And that as it is our grief, 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 fear 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 entrusted by your Lordships, nor ordain any Oaths to be imposed or exacted, that may be snares to men's consciences. All which we seriously recommend to your Lordships, as you desire not to provoke against yourselves and your posterity the wrath of the most High God, and that the Lord should not avenge the quarrel of a broken Covenant upon the Parliament and Kingdom of Scotland. But if your Lordship shall be pleased to hearken to our humble advice, and to satisfy the consciences of the well-affected in the Kingdom to the work 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 bless you in the name of the Lord, and bless the Lord for you; You shall bind up the wounds of this distressed and distracted Kingdom, endear the affections of the well-affected, disappoint the designs of the disaffected, and your Names shall be a praise unto the present and succeeding generations: And we shall pour out supplications before him, who sitteth and judgeth among Gods, to endue your Lordships with the Spirit of counsel and of the fear of his Name; that your Resolutions may be rightly ordered and tend to his glory, the security of Religion the honour and happiness of the King and his posterity, and the peace and safety of the Kingdoms. A. KER.