THE DIFFERENCES IN SCOTLAND STIL ON FOOT. OR, The late Proceedings between the PARLIAMENT and KIRK.  
The Committee of Estates enjoining the approbation of, and Conformity to what they have done in Parliament.  
The dehortation of the Kirk, anent the same, with their Reasons or Causes of days of Humiliation; to keep off Gods Judgments and a War between the Nations.  
LONDON, Printed for Robert Leybourn in Monkswel-street near Creeple-gate. 1648.   

Acts of Parliament and Committee of Estates. CONCERNING The Authority and lawfulness of this Parliament, and the obedience to, and observation of the Acts and Constitutions thereof.  

At Edinburgh, 12 Junii 1648.  
THe Committee of Estates, In pursuance of the trust committed to them by the Parliament, Ordains this Act and Declaration of the Estates of the 10 Junii to be Printed and Signed by all Members of Parliament, Noblemen, Barons, Burgesses, and all other Subjects and Inhabitants of this Kingdom in manner following: And Ordains the Committees of War, and Magistrates of Burghs, to be careful to see this Act signed, and an account thereof returned, comform to the said Act: whereof the tenor followeth.   

At Edinburgh the 10 of June, 1648.  
THe Estates of Parliament now convened, considering how necessary it is to establish their Union in the preservation and maintenance of the Religion, Laws, and Liberties of this Kingdom, and of his Majesties Authority; and to prevent all Factions, Contentions, and Divisions which may arise in prejudice thereof from malicious suggestions, and mis-informations of their adversaries, Do hereby testify and declare their Resolution and obligation to aclowledge this present Parliament, To have been, and to be a free and lawful Parliament: Like as, They bind and oblige themselves upon their Honours and credit, And as they desire to be, and to be holden true Lovers of their country, and of the Religion, Laws, and Liberties thereof, efauldlie and faithfully to the uttermost of their power, To join and concur with their Persons and Estates, every an according to their several Stations and callings in the maintenance of the Freedom and lawfulness of this foresaid Parliament: And in the advancement, furtherance, and assistance of the execution, obedience, and observation of the Acts and Constitutions thereof, as the most fit and necessary remedies of the by-gone and present evils and distractions of this Kirk and Kingdom; And for the preservation of Religion, Laws, and Liberties thereof, and of his Majesties Authority: And have Ordained, and Ordains this present Act to be subscribed by all the Members of Parliament, present and absent, Noblemen, Barons, and Burgesses; and all other Subjects and Inhabitants of this Kingdom, in their Shires, and Burghs, as they shall be directed by the Commissioners of Parliament left at Edinburgh, and to be reported to the Clerk, betwixt and the first of August next to come: With certification that such as refuse, or postpone, and delay to subscribe the same, shall be holden as Enemies, and opposites to the Common Cause, consisting in the maintenance of the true Reformed Religion, and of the Laws and Liberties of this Kingdom, and his Majesties Authority. Extracted forth out of the Records of Parliament, by me Sir Alexander Gibson of Durie, Knight, Clerk of his Highnesse Rolls, Register and counsel, under my sign and subscription manual.  
Alex. Gibson, clear. Regist. We the underscribers do hereby declare. That we aclowledge the Justice of the Act and Declaration above written, And do hereby oblige ourselves to adhere thereunto.   

A warning against the subscribing the late Act of STATE.  
WHereas there was an Act and Declaration of the high and Honourable Court of Parliament published in print, and appointed to be signed by all His Majesties Subjects within this Kingdom, and the Committees of Wards, and Magistrates of Burghs, are ordained by the Committee of Estates to be careful to see the same signed, and to give account thereof. We humbly conceiving ourselves and our flocks, and all the Minislers and people of God to be nearly concerned in point of conscience, do find ourselves obliged to make known our thoughts there anent to all, and specially to the people of God under our charge.  
As we do willingly aclowledge the power and authority of Parliament, and do not know any that deny the same. So we earnestly desire it may be considered as a thing manifest by manifold experience in all ages, that Acts and Constitutions for the matter unlawful, may issue from these that are in lawful power and authority, not that the not joining and covening in obedience to, and furtherarce of the execution of some Acts and Constitutions of Parliament may be consistent with the acknowledgement of the authority and lawfulness thereof; and therefore with all dutiful respect to the Parliament. Out of the conscience of our duty to God and his people committed to our charge, for whose souls wee watch, as these that must give an account: and out of the sense of the oath of God, that is upon us. We are constrained in the name of our Lord and Master Jesus Christ, to give faithful warning to all the flocks over which the holy Ghost hath made us overfeers to keep themselves free from being ensnared with signing and subscribing the before-mentioned Act and Declaration, and that for the reasons following.  
1 Because some Acts and Constitutions very nearly concerning Religion and the Covenent, are post in Parliament not only without, but expressly against the advice both of the Committees of the national Assembly entrusted with the public affairs of the kirk, and of the most part of the provincial Synods, and Presbyteries within the Kingdom, and in particular of the provincial Synod of Bothian, and of the Presbytery of each, as appears by the many several petitions from time to time presented to their Lordships. And we are confident that none will suffer themselves to be taken with the specious generalities of the answer given unto to Provincials and Presbyteries, as though they had altered the grounds and given all satisfaction: For 1 By Order of Parliament: the Members of the Committee of Estates give their solemn oaths for their faithful and diligent discharge of their trust; in pursuance of this present engagement, upon the grounds of the Declaration of the day of April, The unsatisfactions thereof is at length laid forth in there representation made thereupon unto the Parliament by the Commission of the general Assembly, and the provincial of Lothian also, in their Petition declared themselves unsatisfied therewith. 2 In that answer they declare, that as none shall have place in their Armies, but such as take the Covenant, So they will associate with none, but such as shall engage themselves to be faithful to the ends of the Covenant, which is indeed more plainly to avow and associating with such as refuse to take the Covenant, providing they engage themselves to be faithful to the ends of the Covenant, for which the greatest Malignant will be ready to engage in the generality of the terms, viz. For the reformation and defence of Religion, the honour and happiness of the King, the peace and safety of the kingdoms. Because, not being under the obedience of the Covenant, they take the liberty of enterpreting these ends according to their own mind and meaning: and if they meant to be faithful to the ends of the Covenant, according to the ends of the Covenant, and Articles therein contained, they would as willingly engage in the Covenant, as engage to be faithful to the ends thereof.  
2 We are bound by our Covenant to continue in the obedience of the Doctrine and Discipline of this Kirk, and to defend the same according to our vocation and power, all the dayes of our life, under the pains contained in the Law, and danger both of body and soul in the day of Gods fearful judgement, and therefore ought not to oblige ourselves by subscription to an allowance and concredance to the execution of any act or acts for protecting such at may be under kirk censure, impeding the proceedings of kirk Judicatories, or denying those rights and privileges which are declared by Acts of former Parliaments to belong to the kirk of God within this kingdom.  
3 Whereas it is the liberty of Subjects to choose passive obedience, when in their conscience active obedience to the Law of man were a disobedience to the Law of God. The subscription of this Act doth tie the subscribers not onely to active obedience simply, but also actively to concreed and enforce the same upon others.  
4 We do freely profess, that in our judgement these Acts and Constitutions of Parliament are not the most fit and necessary remedies of the present Distractions, and for preservation of Religion. But on the contrary have just grounds of fears, that they will prove dangerous to Religion and tending to the increasing of distractions, as is at more length set down in the Commission of the kirk the representation, and last humble advice and petition to the Parliament, unto neither of which there is any answer returned; Wee do also humbly conceive, That to satisfy the desires of the kirk, and that to concur with England in a personal Treaty with his majesty, upon the Propositions agreed upon by both kingdoms, and presented to his majesty at Hampion Court, and New-castle had been more fit remedies, and that a war between brethren after a Covenant for perpetual peace and union, is neither a lawful nor necessary remedy, unless all amicable ways by Treaties had been first tried, and the lawfulness and necessity of the engagement first cleared, as was promised in the Declaration 26. April.  
5 Albeit one were persuaded that these Acts and Constitutions of Parliament were fit remedies of the present distractions, and for preservation of Religion, at least were not persuaded of the unfitness, and thereupon were resolved to go on and give external obedience, yet he should be loathe to overthrow his judgement, by subscribing these to be most fit which he knoweth, and may easily conceive, that other remedies as fit or more●… in all or many particulars and might have been condescended upon.  
6 The Acts and Constitutions of this Parliament are not all made known and none ought to bind himself by subscripton, to blind obedience of Acts which he hath not seen, and the blindness of this subscribed obedience doth yet further appear by that Act of Parliament which giveth power unto the Committee of Estates, unto March 1650. and requireth obedience to the Acts and Constitutions, which what they may be, whether obstructive to the work of Reformation in England, whether destructive to the persons and means of the well-affected within the kingdoms, to the Liberty and freedom of the Subjects, specially in point of Electing Commissioners for Parliament here, and to the riches and privileges of the kirk, and how far 〈◇〉 onely knoweth, who knoweth all things, and in whose books are all things written, which in time have their manifestation.  
7 The subscription as it seems: to prelimit the succeeding Session of Parliament, in their trial of the procedings of our Committee of Estates; so it is a plain prelimitatiom of the ensuing national Assembly in the judgement concerning the proceedings of the Commission of the kirk, and concerning the grounds and manner of this present engagement, in as far as Religion and the Covenant are deeply and intimately concerned, and therefore heavily prejudgeth the freedom of the debares, reasonings, votes, and resolutions thereof in matters of greatest moment.  
8 The Subscribers acknowledging the justice of the Acts and declaration do ascribe unto the Parliament a power of declaring these to be enemies of the true reformed Religion, whom the kirk judicatures have not declared to be such, and do moreover aclowledge that, that heavy charge of being enemies to Religion is justly laid upon all those who refuse to subscribe( as we are confident all the Ministers and good people of the Kingdom will do) or to go on in this present engagement, notwithstanding that the Commission of the provincial Assemby, and the most part of the provincial Synods and Presbyters have professed themselves unsatisfied with the grounds thereof.  
9. It is to be remembered, that the Parliament 1584, which re-introduced Bishops, and condemned the Assemblies of the kirk, contrary to the national Covenant, sworn and subscribed 1581; did press subscriptions unto, and approbation of the Acts, and that many who had subscribed were so wakened in their consciences for that offence, that they could have no peace in their minds, until they acknowledged that heinous sin before God and the kirk, which as it deterred others at that time, so it ought to be a waning to all at this time, to beware of doing that, for eschewing outward trouble, which will undoubredly breed them inward trouble of conscience when their eyes are opened to see the evils they are accessary to, by subscribing their approbation of the justness of Acts and Constitutions of Parliament, and also by consequence of the Acts and Constitutions of the Committee of Estates.  
The pretence of a President from the Parliament 1640, wherein it is alleged, that the like Act and Declaration was enacted, and enjoined( besides that it was never pressed in Shiers and boroughs) is easily taken off, by comparing the two together.  
1 That was occasioned by the Kings Commissioners his leaving the Parliament, and the Kings declaring of the Parliament to be Traitors, and sending Armies both from England and Ireland to destroy them as Traitors, for the sitting in Parliament, and by the Malignant party, their denying the antiquity and lawfulness of the Parliament itself, but now the antiquity and lawfulness of the Parliament is not questioned by any.  
2 Then we were by all weanes seeking peace, and out Commissioners sent for that effect, imprisoned, then the Church and State were united in the Cause, in opposition to the Malignant Party; then the Parliament declared that they did nothing but enact the civill ratification of the Act, and grant the desires of the kirk, and what was consequential thereunto, and necessary for self defence in maintenance thereof against strangers invading us, wherein all the ●… iges by the Law of Nature, Nations, and of this kingdom, are bound to concur: But now Treaties abroad are declared, the desires of the kirk at home not granted, yea, there are proceedings against the unanimous Declarations of the kirk, and associating with Malignants.  
3 Then it was acknowledged( as appears by the narrative of the Act) that all questions anent matters of Religion were onely determinable by the Assemblies of the kirk, now matters which nearly concern Religion, and the Covenant are determined without, and against the advice of the kirk.  
Having thus briefly represented our reasons against the subscription of the above specified Act and Declaration, we do in the fear of the Lord desire all the people of God under our charge, seriously to consider and ponder them in the balance of judgement, dispossessed of prejudices, and as the servants of the living God do exhort them earnestly to preserve themselves from the temptations of the time, to avoid this evil snare, and to endure as those that beholded the invisible, not afraid of the wrath of man, but being assured that it is far better to suffer affliction with the people of God, then to enjoy the pleasures of sin here for a season; and that it will be no grief of heart in the day of reviving, that they have kept their hearts and hands clean of the corruptions of the times, if it shall be any( which God forbid) that will not take warning, but walk on in the counsel of their own heart, and do that which seemeth good in their own eyes, as we shall mourn for them, and pray that they may repent, and this their iniquity may be forgiven, so we shall have this witness within entire, have delivered our own souls from accession to that guiltiness, by giving them free and common warning.  
Subscribed by Master ALEXANDER CAR.   

Causes of a solemn Humiliation and Fast, to be kept on the last Thursday of June, and first sabbath of July, 1648.  
1 WE are to mourn for all the sins and provocations mentioned in the causes of our former humiliations, which do continue and abound notwithstanding of all our obligations to reform our ways, And many former solemn professions of repentance, and withall the sharp rod wherewith God hath corrected us, and heavy judgement wherewith he now threatens us.  
2 We are in a special way to be humbled for the countenance that hath been given, and compliance that hath been made by too many with malignants, and persons dis-affected to the work of Reformation, which in the just judgement of God hath at last put such power and strength in their hands, as is terrible to the people of God, and threatens his work with ruin.  
3 We are to bewail the small proficiency under the reading of the gospel of many, the great contempt thereof in others, and the great obstinacy and hardness of heart in some, not onely unto the despising and reproaching of the ministry, but unto the rejecting the most powerful Word of Exhortation in the mouth of his servants.  
4 We are to be humbled for the grievous back sliding that is amongst us, which hath prevailed to the undertaking of an unlawful engagement in war, notwithstanding the many Petitions from Boroughs and shires, Presbyteries, and Synods, to the contrary; which undertakings, besides many sad effects amongst ourselves is like to rend in sunder the union betwixt the kingdoms and not onely obstruct the work of uniformity, but overturn the foundation already laid.  
5 We are to lament before the Lord, the oppression of his people in many places of this kingdom, unto the spoiling of their goods, offering violence to their persons, and forcing of their consciences, and by causing them either to endure great affliction, or to sin against GOD, by being accessary to a sinful curse.  
6 We are deeply to be humbled, that the Parliament being now risen, they have been so far from satisfying any of the just and necessary desires of the kirk, or hearkening unto the petitions presented to them, That they have enjoined obedience to all their Orders upon the grounds of their Declaration published in April.  
7 We are to entreat the Lord in behalf of our King, that he may be convinced and repent of the evil of his former ways, and be inclined unto the love and approbation of the work of God, And in the behalf of those that have the power of the kingdom in their hand, that they may desist from every sinful course, and satisfy the just and necessary desires of the kirk, and the consciences of the well-affected in the Land, by securing of Religion, and preserving union between the kingdoms; And monarchical government in the Person of the King and of his Posterity.  
8 As we are to beg of God that all the purposes both of the Sectaries, and of the Popish, prelatical, and Malignant Party in all the three Kingdoms, against the truth and work of God, may be disappointed, and their power crushed, so also that the Lord would strengthen his people in all these Dominions to adhere without shrinking, or fainting, unto the Cause of God, and to bear a faithful testimony thereof in the day of tentation.  
9 Lastly, we are to pray for a blessing upon the ensuing general Assembly, that they may meet in peace and love, and being furnished with the Spirit of unity, faithfulness, wisdom and zeal, they may so carry themselves in every thing, as that the hopes and designs of dis-affected men may be dis appointed, truth may be preserved, holinesse promoted among ourselves, and the work of uniformity advanced amongst our Neighbours.  
A. Car.    

Imprimatur,  
Gilbert Mabbot.  
FINIS.