THE ANSWER OF THE COMMISSIONERS OF THE Kingdom of Scotland, To both Houses of PARLIAMENT, Upon the New Propositions of Peace, AND THE Four Bills to be sent to his MAJESTY. LONDON, Printed for ROBERT BOSTOCK, dwelling at the sign of the King's head in PAUL'S Churchyard. 1647. The Answer of the Commissioners of the Kingdom of Scotland to both Houses of Parliament, etc. WE have, with much patience, for divers years together, in pursuance of the Solemn League and Covenant, and Treaties betwixt the Kingdoms, used our best endeavours for settling Religion and a happy Peace. Propositions were first agreed an ●n Anno 1644. with advice and consent of the Parliaments of both Kingdoms, presented to his Majesty at Oxford by Commissioners of both, and treated upon at uxbridg, in Anno 1645. We did earnestly and frequently press the sending of those Propositions again to his Majesty, wherein the Houses would not concur with us; but on the contrary (after very long delay) thought fit to make several alterations therein, which were principally in matters that did concern the near Union of the Kingdoms. Yet were we so earnestly desirous of putting an end to the long continued distraction and troubles of these Kingdoms, as (waving what might be conceived to be for the particular interest of the Kingdom of Scotland) we did join with the Houses of Parliament in presenting Propositions to his Majesty at Newcastle; though, as we then declared, we had just reason to be unsatisfied with divers things contained in those Propositions. When it was agreed upon betwixt the Kingdoms, that the same Propositions should be again presented to his Majesty, at his coming to Holdenby, the performance thereof being delayed by the Houses, for divers months, we did patiently wait then leisure. Yet upon the sudden they did appoint a peremptory day for sending the Propositions to his Majesty; and gave order to their Commissioners, in case we were not precisely upon that day at Hampton Court, that they should present the Propositions to the King alone by themselves, contrary to the Treaty betwixt the Kingdoms; which was so strange and unequal a way, as we might have justly denied our concurrence, had not our love to Peace prevailed with us to join in that Message. but after all this, finding no success in that way of sending Propositions to the King, and insisting upon his positive Assent thereunto, without giving any reasons for the justice of our desires, or hearing any Proposition from his Majesty: We did, in November last, propose to the honourable House's, & with much earnestness desire, that there might be a personal ●●●ty with his Majesty here at London, it being in all probability, the best 〈◊〉 to obtain a Peace. About the time of his Majesty's withdrawing from Hampton Court, the Houses did communicate to us new Propositions, resolved on by them to be presented to his Majesty; after receipt whereof, we did in our Paper of the 17. of November, insist on our former desire for a personal Treaty with his Majesty. But receiving no Answer to that, nor to our paper of the 5. And our positive Answer being demanded to the new Propositions; upon the 23. of Novemb. we resolved once again to desire an Answer to our former Papers; A personal Treaty being, in our judgement, a readier way to compose all differences, than the sending of these new Propositions, wherein there are so great and essential differences from what was formerly agreed on by both Kingdoms. And to the end there might be no let or delay on our part, which might hinder the settling of a Peace; We desired a conference with a Committee of both Houses concerning the expediency of a personal Treaty with his Majesty, and the alterations made in the Propositions, that so according to the Treaty of the 29. of Novem. 1643. there might be, with the advice and consent of both Nations, a speedy Agreement in those things, which are to be the foundation of the Peace of both. To all which, the Houses have been pleased to return no Answer. However, it is no small satisfaction to us, that we leave no means of Agreement unessayed; and that the retardment of the settling of the Peace of the Kingdoms, cannot be charged on us. And lest our further silence, in expectation of an Answer, should be mistaken, We have thought fit to represent our sense, concerning a personal Treaty, and the Propositions, to the Houses in writing; which, had our desires been granted, we did intent to have done by a verbal conference. There be some things which properly concern the Kingdom of England, their Rights, Laws, and Liberties. But there be other matters, which in their own nature, as being common to both, or by Covenant, or Treaty, concern both Kingdoms, wherein, unless we would forget our duty to God, to the King's Majesty, to our Native Kingdom, and to this Nation, Our common concernment and interest, cannot be denied. For as Scotland was invited and engaged in this War, upon grounds & reasons of common interest; So we trust it will not be offensive, that in making of Peace we claim from the Houses an Improvement of the very same principles, and a performance of the Treaties they have made with us; that the same measure of conjunction of interests be given to us which was had of us, and promised unto us; wherein the very Law of Nations, and the rule of common equity, doth plead for us. Yet in the application of this rule, we shall not stretch ourselves beyond our line, the express conditions of our Solemn League and Covenant, the duty of our Allegiance, and the Treaties and Declarations between the Kingdoms, which are so many strong obligations, as, all who have honour or conscience, must acknowledge should be inviolably observed. Having laid this as a most just and solid ground of our proceed, we shall first speak of the best and most probable means to procure a good Agreement with the King for settling Religion and a lasting Peace: And next of the Propositions, which are to be the foundation of the peace and safety of both Kingdoms. And it is still our Opinion and Judgement, that the most equal, fairest, and just way to obtain a wel-grounded peace, is by a personal Treaty with the King: and that his Majesty, for that end, be invited to come to London, with Honour, Freedom, and Safety: For which we offer the Reasons following. 1. The sending of Propositions, without a Treaty, hath been often essayed without success: And the new Propositions are less to the advantage of the Crown than the former. Therefore, we have no reason to expect better satisfaction that way than formerly we had. 2. The King's removal from his Parliament, is acknowledged by the Houses in several Declarations, to be the chief cause of all the War, mischief, and calamities of the Kingdoms. Then, his Majesty's presence with his Parliament must be the best, if not the only remedy, to remove our troubles. 3. In a personal Treaty the Commissioners of both Kingdoms, may give reasons for the equity and expediency of our desires. But without a Treaty or giving reasons for asserting the lawfulness and expediency of the Propositions to be presented, they may be esteemed Impositions. 4. The King may have some just desires to move for the Crown, and for himself: As that he may have his Revenues, and that he may be restored to his Royal Government: which may be done, with greater honour and satisfaction to him, by a personal Treaty, than otherwise. 5. A personal Treaty with the King is the best way to beget a mutual confidence between Him and his Parliament: It is the best way to clear his doubts and to remove all difficulties: and it is the absolute best way for giving and receiving mutual satisfaction. 6. We cannot expect that his Majesty will grant in terminis whatsoever Propositions shall be sent unto him: nor can every thing in the Propositions be of that importance, as that the not granting of it ought to hinder a Peace. Neither will the Houses of Parliament give full power to their Commissioners to make alterations in the Propositions, as they shall see cause upon debate. Wherefore, a personal Treaty with his Majesty at London, is the most probable and expeditious way to remove or reconcile all differences. There is one common objection, wherewith many are possessed and prejudiced against a personal Treaty with the King, and his coming to London, [That his presence may breed division, and continue our troubles: And that when his Majesty desired to come hither from Oxford with freedom and safety, it was thought unfit, and denied by the Houses, and the Commissioners from Scotland] But that argument now hath no force at all: For the case of affairs, the King's condition and ours (which were given for Reasons in that Answer to his Majesty) are quite altered from what they were then. Then the King had Armies in the fields; he had Garrisons and strong holds to return to; Now, he hath none of these. And his Majesty offers a full security against all hostility or danger can be expected from him, by granting to the Houses the power of the Militia by Sea and Land, during his Reign, as is expressed in his Majesty's late Message from Caresbrook Castle. And for a further answer, we desire the Houses to remember that Reply to his Majesty's Message of the 11 of September, 1642. Where, after mention of their chief grievances, they say [All this notwithstanding, as we never gave your Majesty any just cause of withdrawing yourself from your great Council: So it hath ever been, and shall be far from as, to give any impediment to your return: Or to neglect any proper means of curing the distempers of the Kingdom, and closing the dangerous breaches betwixt your Majesty and your Parliament, according to the great trust which lieth upon us. And if your Majesty shall now be pleased to come back to your Parliament without your Forces: We shall be ready to secure your Royal Person, Crown and Dignity, with our lives and fortunes, Your presence in this great Council, being the only means of any Treaty betwixt your Majesty and them, with hope of success.] And if they were esteemed Enemies to the Parliament, and the Peace of the Kingdoms, who advised the King to withdraw from his Parliament: What estimation will the world have of them, who after such a Declaration, will not suffer him to return to his Parliament, when he offers to cast himself into their Arms? If so kind an offer shall be refused, and the King driven to despair, it is to be feared, these Kingdoms shall be involved into greater difficulties than ever. And therefore we do hold, that the admitting the King to come to London with Honour, Freedom and Safety, and granting of a personal Treaty with his Majesty, upon such Propositions as shall be agreed upon by advice and consent of both Kingdoms, is the most probable, and only best means, with hope of success, for settling a wel-grounded Peace. Having spoken of the readiest means to obtain a just and lasting peace; We shall next fall upon the Consideration of the Propositions, which are to be the Foundation of our peace. And the most compendious and succinct way to a good agreement, and unanimous Resolution upon them, is, in the first place to consider and remove our differences, which are chief 〈◊〉 Religion, the Interest of the Crown, and in the Union and Joint Conce●●ment of the Kingdoms. We shall begin with that of Religion, which for the incomparable Excellence thereof (although it be amongst the last of these new Propositions) deserves the preference. It is the primum quarite, the unum necessarium; We ought to build the House of God before our own. The Law of piety and true policy doth require that Religion, which rendereth to God his due, have the precedency. And therefore (upon debate) before we went to the Treaty at uxbridg, it was agreed betwixt the houses and us, that the Propositions of Religion should be in the first place, and first Treated and Agreed upon, before any Agreement upon any other Proposition. And his Majesty in his late Message from Caresbrook Castle, gins at Religion, as the best and chiefest Foundation for Peace. Wherefore, if this changing of the former Order and Method of the Propositions, be only their Error, to whom the reviewing of the Propositions was committed. And if the Houses have not fallen away from their first Zeal. We desire that it may be rectified, and the former Method keeped. And so we come to the matter of the Propositions. The material differences and alterations concerning Religion, may be branched into the Error of Omission and Deficiency, and into that of Commission and Excess. That which is left out, is no less than the Solemn League and Covenant. And shall the Covenant, which is as Solemn a vow, as Creatures on Earth could make to God in Heaven, and the greatest tye betwixt men on Earth (to which the most high and dreadful Name of the Lord God Almighty, was interposed) be offered up in a Sacrifice, and buried in the ashes of Oblivion? Shall our Covenant for the Preservation and Reformation of Religion, for the honour and happiness of the King, and the peace and safety of the three Kingdoms; and for the maintenance and defence of the Laws, and true public Liberties of these Kingdoms; which was declared by both Kingdoms, to be a fit and most Excellent means to acquire the favour of God towards both, and likewise to Unite them, and by uniting, to strengthen them against the common Enemies of the true Reformed Religion, and the Peace and Prosperity of these Kingdoms; and which in all former Propositions was desired to be established: be now deleted, as unworthy to take room amongst these new Propositions? Shall the Covenant, which both Houses did recommend to the Assembly of Divines, to make a Declaration to all sorts of persons to take it, as that which they judged not only Lawful, but exceeding expedient and necessary for all that wish well to Religion, the King and Kingdom to join in, and to be a singular pledge of God's gracious goodness to all the three Kingdoms (we say) shall that Covenant be laid aside? Shall our mutual and solemn League and Covenant subscribed by the Parliaments of both Kingdoms, by the Assembly of Divines, by the City of London, and which, not only they, but all Scotland, and many thousands in England and Ireland, with hands lifted up to the most high God, did swear [That they shall not suffer themselves directly or indirectly by whatsoever combination, persuasion or terror, to be divided and withdrawn from that blessed union and conjunction, whether to make defection to the contrary part, or to give themselves to a detestable indifferency or neutrality in this cause, which so much concerneth the glory of God, the good of the Kingdoms, and honour of the King: but shall all the days of their lives, zealously and constantly continue therein against all opposition: and promote the same according to their power, against all lets and impediments whatsoever: and that they shall do all this as in the sight of God] Shall that Covenant (even with those that took it) be already out of date, and not so much as remembered amongst the Propositions of Peace? Yea, it is not so much as mentioned in these new Propositions, except in the 7 Qualification of the 14 Proposition, where it is only made a hook to catch some into the Notion of Delinquency! But perhaps there it escaped the Revisers of the Propositions, who in all other places have exploded it. It is answered by some, that by one of the Propositions it is craved, that an act of Parliament be passed, declaring the King's approbation of the making of the Treaties between the Kingdoms of Scotland and England; in which Treaties there is mention made of the Covenant: And therefore it is not necessary to desire a particular Confirmation and Establishment of the Covenant. To which it is briefly Replied, first, that there is no Proposition for passing any Act of Parliament, to confirm the Treaties between the Kingdoms, as was desired in all former Propositions; but these words are purposely changed, and in place thereof there is only desired, An Act Declaring the King's approbation of the making of the Treaties; which in effect is no more than an act of Indemnity for making the Treaties, and not an Act for confirmation and establishing of the Treaties themselves, and those things which are expressed and transacted in them. 2. Suppose there were an Act of Parliament passed for approbation of the Treaties between the Kingdoms in general (which is not in these Propositions) Yet such a generality would not be understood to be extended to the confirmation of the Covenant, unless the particular Articles of the Treaty and the Covenant, were expressly inserted; because, there was an express Proposition amongst the former, that an Act of Parliament be passed in both Kingdoms for confirming and taking the Covenant; which being now left out of the new Propositions, without mentioning the Covenant cannot but he interpreted as a receding from the Covenant: and the approbation and confirmation of the Treaties in general (after deleting the Covenant out of the Propositions) would only be understood of the remaining Articles of the Treaties. Therefore, if there be not an intention to relinquish the Covenant; Let us not be ashamed to avow it and insert the confirming of it, as one of the chief and express desires of our Propositions: [Let us give testimony, and bear witness to the truth and not deny it, remembering that whosoever shall give testimony to Christ and his truth by confessing him before Men, Math. 10. 3●.33 he will also confess them before his Father which is in heaven: And whosoever will deny him before Men, them will he deny before his Father which is in heaven.] And seeing the Covenant was the sovereign and only means of recovering these embroiled bleeding Kingdoms, when the Houses were at their lowest ebb, and desired the Kingdom of Scotland, Declarat. delivered in Scotland july 164● [to consider with what difficulties, miseries, and distractions, they were enforced daily to wrestle, even for the life and being both of Church and State:] Surely, the despising, refusing, and casting aside that remedy, would be the height of ingratitude, must render the disease much more desperate, and turn our former mutual confidence into mutual diffidence. And therefore we desire, that the Houses upon better consideration, will still adhere to the Covenant, and insert it among the Propositions. And whereas the King's averseness from the Covenant may be objected, and that the desiring to have it confirmed, may be a hindrance to peace: We answer, If the omitting of the Covenant in these Propositions doth really proceed from that principle, that the Houses are desirous to please the King, and to remove all obstructions that may hinder a peace: We do very much wonder, that they are so liberal in the matters of God, and so tenacious in what concerns themselves, in all differences betwixt his Majesty and them in things Civil, which may fare better be dispensed with. But to answer the strength of the Objection, We say, That the Covenant being for the preservation and Reformation of Religion, and for the true honour and happiness of the King and his Posterity, and for the peace and safety of his Kingdoms; Whatever be the difference of his Majesty's judgement, We have just cause to insist to crave his Royal assent to it; And the King's heart is in the hands of God, to turn it as the rivers of waters whither he pleaseth: And although the King should deny it, yet we ought to perform our duty: And when his Majesty shall be convinced, that our intentions in entering into this Covenant, were and are pious and loyal; and that our Actions do evidence that we intent no injury to his Royal Person, to wrong his Government, nor to diminish his just power: We hope God will incline his heart to give just satisfaction concerning the Covenant. And though his Majesty shall not come the full length of our desires, yet we must never departed from the Covenant, nor leave off by all just ways to promote it, or desist from endeavouring by all lawful means to procure his Majesty's assent unto it. But we desire that we may be rightly understood in this, and not misconstrued; as if our zeal for the Covenant did abate or diminish at all from our Loyalty and duty to the King, (for the Covenant doth not lessen or limit our allegiance, as some would falsely slander it, and those who sincerely and loyally took it) or that upon difference of his Majesty's judgement, and not coming the full length of our desires in every thing, he should be kept in prison; or that Arms should be kept up (now when the War is ended) to burden the Subjects, and force the King to grant what they please to demand. We were confident (when our Army returned to Scotland, and left no Forces in this Kingdom to oppose the Parliament) that the Army here should have been instantly disbanded: And could never have expected that the King's Majesty, to whom the Parliaments of both Kingdoms were to make their addresses for a safe and well-grounded peace, should have been taken away by the Army against his will, and still kept in their power, to be carried whether they please, or forced to fly for safety. If Scotland had apprehended, that the least injury or violence would have been committed against his Majesty's Royal Person, or Monarchical Government: Nay, if they had not received assurance from the Houses to the contrary, certainly all the threaten or allurements in the world, could never have persuaded them to have parted with the King till all Armies had been disbanded and the peace of the Kingdom's settled It was our brotherly confidence in the Houses (who are our fellow Subjects) and the assurance we had from them that made us leave the King with them: And their care of him and duty to him aught to be such, as neither his Majesty, nor we, have cause to repent it. And this we could not but declare to assert the truth, and vindicate the honour and reputation of our Nation; for out Loyalty hath ever been, is and shall be dearer unto us, than our lives and fortunes; And the candour and integrity of all our Actions, is a sufficient confutation of all the calumnies and aspersions, which malice or envy can forge against us. We find also these Propositions omitted, viz. the Proposition for confirming the Ordinances concerning the calling and sitting of the Assembly of Divines; the Proposition for Reformation of Religion in England and Ireland, according to the Covenant; And the Proposition for settling Unity and Uniformity in matters of Religion between the Churches of God in both Kingdoms, according to the Covenant. In place of all which we find nothing but a mere shadow of Presbyterial Government, an external Form of Discipline without life or power; and a liberty granted for all sorts of Service and Worship of God, and for the Exercise of all such Religious Duties and Ordinances as every person shall please, and his own erroneous conscience shall dictate unto him (for there is no other rule prescribed) which opens a door to Atheism to all Religions, and to that which (by abuse of the name) is called liberty of conscience; being indeed liberty of error, scandal, schism, heresy, dishonouring God, opposing the truth, hindering Reformation, and seducing others; So, in place of Uniformity in Religion, which by Covenant both Kingdoms have sworn to endeavour, there is here desired to be settled a vast difformity or multi-formity of Heresies and Sects; which, if the Lord in his mercy shall not prevent, may produce the ruin of Religion in both Kingdoms, which we have just reason to fear; as for other reasons, so when we consider the Declaration of the Houses of Parliament, speaking of the design of the Popish and Prelatical Faction to alter Religion in this Island: of whom they say, first, Page 492. collection of Declare. [they resolved to impose a Popish Service-Book upon Scotland; for well they know the same fate attended both Kingdoms, and Religion could not be altered in the one without the other.] And in Answer to the Scots Declaration, pag. 601. [Whensoever the design to root out Religion shall be perfected in either Nation, it will easily be accomplished in the other, Religion being the band and foundation of the safety and happiness of both.] And in August 1643. the English Commissioners declare to the Kingdom of Scotland, [that they are commanded by their instructions to put their brethren of Scotland in mind, that the Popish and Prelatical Faction, that began with them about the year 1638 and 1639, and then intended to make way to the ruin of the Kingdom of England by theirs have not abated any part of their malice toward the Nation and Church of Scotland; nor at all departed from their design of corrupting and altering Religion through the whole Island, though they have inverted the manner of their proceeding, conceiving now that they have an easier way to destroy them, if they may first prevail over the Parliament and Kingdom of England; In which respect it is the desire of both Houses, that the two Nations may be strictly United, etc.] And in another paper it is declared, that [what corruptions take root in the Church and Kingdom of England, English Commissioners August 16●3, will quickly spread their venom and infection into the Neighbour Church of Scotland:] Wherefore, we cannot descent from this Proposition; And according to the trust reposed in us, represent our just exceptions against it. And first of all we think it very strange, That the Houses of Parliament should desire an Act of Parliament to be made for establishing Presbyterian Government, and in the very same Proposition, desire that it may be Enacted that none shall obey that Act of Parliament, but such as shall please to do it. 2. We observe, that however it is pretended that Presbyterian Government is desired to be established, as the Government of the Church of England; yet it is only in effect, a Liberty granted to all such, as of their own accord will join in Presbyterial Government, and so amounts to no more than a Toleration of it. 3. That this toleration of Presbyterian Government is many ways limited; as in the time for which it is to endure, being only to the end of the next Session of Parliament, after the end of this present Session, which perhaps may be not above six Months. And the Ministers and Elders are appointed by Ordinance of Parliament to exclude from the Sacrament, only such Persons as the Houses have thought fit, and no others, though it be against their consciences so to do. They are bounded with several restrictions in their Meetings and Assemblies, and are not allowed the use and exercise of all the Ordinances appointed by the Word of God; so as Liberty of Conscience is denied to them, and granted to others: For, 4. An unlimited toleration for the time of endurance, matter of worship, and exercise of all Ordinances, is expressly granted to all the Sectaries of the time, whether they be Anabaptists, Antinomians, Arminians, Familists, Erastians', Brownists, Separatists, Libertines, or Independents; yea, it extends to those Nullifidians, the Seekers, to the new Sect of Shakers', and divers others; By all which the very foundation of Church and State is shaken, and near to be overthrown, 5. The toleration here desired to be established is of that capacity and latitude, as it may admit of many vile and gross errors which have been condemned and cast out of the Church in former times, and may be revived in England; as if errors and heresies were of so precious a nature, that men should be encouraged by Law to inquire after them, and invited to maintain them. 6. This toleration is not only to the persons of those Sectaries and their families, but gives a full liberty to set up their professions in any fit and convenient places, that so Scandals, Heresies, Schisms, and new Religions may grow in their kinds, and also multiply in the number of Professors and Disciples, as if there were not enough already. 7. Though it seemeth that a provision is made that this indulgence shall not extend to the toleration of Antitrinitarians, Arrians, and Antiscripturists, yet there is no more expressed, but that this indulgence shall not extend to tolerate the Printing, Publishing, or Preaching such blasphemies and errors as they do maintain against God, the Holy Trinity, and the Scriptures. They are not made liable to any penalty; and suppose penalties were imposed upon them for Printing, Publishing, or Preaching those errors; yet they are by this Proposition left to a full liberty to maintain them in private, to reason and dispute that there is no God, that Christ is but an Impostor, that there is no such thing as the Holy Ghost, that the Scriptures are but like other writings; blaspheming at their pleasure, and seducing others to their opinions in secret; All which, and much more, according to this Proposition, may not be questioned: and so in reality, though not in pretext, they shall be tolerated as well as others. 8. All protane and wicked persons are left at liberty by this toleration to do what they please. For they are not obliged to be subject to any Discipline or Government, and so neither the duties of the first nor second table of the Law of God, shall be observed; but all sort of impiety and works of darkness, shall abound: and such as hate the sincere worship of God in the Church, may have the most unlawful and wicked meetings elsewhere, under a profession of religious exercises or Ordinances. We might add more exceptions against this Proposition; But these we trust may suffice to make any that is but a little endued with the light of the Gospel, and hath any love to the truth, for to detest and abhor such a toleration. And now we desire the Houses of Parliament to remember their Remonstrance of the State of the Kingdom of the 15 of December 1642. where they resent it as a great injury, that any [should infuse into the people that they mean to leave every man to his own judgement and fancy for the service and worship of God; and do declare, that it is fare from their purpose and desire, to let lose the golden reins of Discipline and Government in the Church, to leave private persons or particular Congregations, to take up what kind of divine service they please; and hold it requisite, that there should be throughout the whole Realm a conformity to that Order, which the Laws enjoin, according to the word of God.] How consonant this toleration is to that Declaration, we leave it to the Houses of Parliament and all wise men to consider; and whether the danger of the true reformed Religion in these Kingdoms, be not greater now then before the taking of the Covenant; yea, or since Christian Religion came first into this Island, when toleration of all Religions (the name of Popery only excepted) is desired by the Houses of Parliament to be established by Law; and the very Principles and Fundamentals of faith, which under Prelacy yea under Popery itself, were generally received as uncontroverted, are now by many Sectaries of this time, either oppugned or called in question. There are divers other passages in the Declarations and Ordinances of both Houses to the same purpose; but here we shall only mention one or two. In particular we would have the Houses call to mind their Declaration and answer to the Lords of his Majesty's Secret Counsel of Scotland, and the general Assembly of the Church of that Kingdom in the year 1642. where besides other expressions they use these words [We acknowledge it an act of love to us, and Wisdom for the good of both Churches, for which we are thankful both to God and them, that our Brethren of Scotland have bestowed their serious thoughts and earnest desires for Unity of Religion, that in all his Majesty's Dominions there might be one confession of faith, one Directory for worship, one public Catechism, and one form of Church Government. And although it will hardly be obtained punctually and exactly, unless some way might be found, for a mutual communication and conjunction of Counsel and debate in frameing that one form; yet both intending the same and, proceeding by the same rule of God's word, and guided by the same Spirit: we hope by God's assistance to be so directed, that we may cast out whatsoever is offensive to God or justly displeasing to any neighbour Church; And so fare agree with our Brethren of Scotland and other reformed Churches in all substantial parts of Doctrine, Worship, and Discipline, that both we and they may enjoy those advantages and conveniences, which are mentioned by them in this their answer; In the more strict Union of both Kingdoms; more safe, easy, and comfortable Government of his Majesty, and both to himself and co●le, more free communion in all holy exercises and duties of worship; more constant security of Religion against the bloody practices of Papists, and deceitful errors of other Sectaries.] And having there made known their resolution to take away the Government by Bishops, they desire some godly and learned Divines of that Church, to be sent to the Assembly of Divines here, whereby an uniformity in form of Church Government may be obtained; and one Confession of Faith, one Directory, and one Catechism may be settled in all the three Kingdoms: Which desire was afterwards renewed to their Commissioners sent to Scotland; and in end the mutual and joint desires of both Kingdoms, were crowned with a solemn League and Covenant; as for other ends, so for endeavouring the nearest conjunction and uniformity in all these; and for extirpation of Heresy and Schism. These four years past, the labours of many learned and godly Divines of both Kingdoms thereunto appointed, have been spent in framing a Directory for worship (which was long since approved, and received in both Kingdoms,) a Confession of Faith, a form of Church Government and Catechising; all which have been presented to both Houses, and some progress was made therein toward the establishing of them, till of late they were laid aside. The Houses not many months since, did appoint a solemn Fast, and day of Humiliation, to be kept throughout the whole kingdom, because of the growth of Heresies, Blasphemies, and Schism: The words of the Ordinance are these [We the Lords and Commons assembled in the Parliament of England, having entered into a solemn Covenant, to endeavour sincerely, really, and constantly the reformation of Religion in Doctrine, Discipline, and Worship; And the extirpation of Popery, superstation, heresy, schism, profaneness, and whatsoever shall be found contrary to sound doctrine, and the power of godliness. And having found the presence of God wonderfully assisting us in this cause, especially since our said engagement, in pursuance of the said Covenant, have thought fit (lest we partake in other men's sins, and thereby be in danger to receive of their plagues) to set forth this our deep sense, of the great dishonour of God, and perilous condition that this Kingdom is in, through the abominable blasphemies, and damnable heresies vented and spread abroad therein, tending to the subversion of the faith, contempt of the Ministry, and ordinances of jesus Christ. And as we are resolved to employ and improve the utmost of our power, that nothing be done or said against the truth, but for the truth; So we desire that both ourselves and the whole Kingdom may be deeply humbled before the Lord, for that great reproach and contempt, which hath been cast upon his Name, and saving truths, and for that swift destruction that we may justly fear will fall upon the immortal souls of such, who are or may be drawn away by giving heed to seducing spirits. In the hearty and tender compassion whereof, We the said Lords and Commons do order and ordain, That Wednesday being the 10. day of March next, be set apart for a day of public humiliation, for the growth and spreading of errors, heresies, and blasphemies, to be observed in all places within the Kingdom of England, Dominion of Wales, and Town of Berwick, and to seek God for his direction and assistance, for the suppressing and preventing the same. And are these the ways and means that the Houses of Parliament have thought upon for suppressing Errors, Heresies, and Blasphemies, to desire that a Toleration of them may be established by a Law? Is the laying of a foundation to propagate Heresy and Schism, the best way to extirpate the same? Are these the fruits and effects of their solemn Fast and Humiliation? Certainly God will not be mocked. The Covenant doth also oblige us, mutually to preserve the Authority of the supreme Magistrate, the privileges of Parliaments, and firm peace and union between the kingdoms to all posterity. And is it not visible, that many of those Sectaries, with their adherents and abettors, do by their pernicious doctrine and actions, offer violence to the King's person and Authority, and against the rights and privileges of Parliament? So as there is not any one Article of the Solemn League and Covenant, which is not in a high degree violated by them; And shall a toleration be established for all such? The opposing the Covenant, and Reformation of Religion, the dividing betwixt the King and his people, or making any faction among the people, contrary to this League and Covenant, were formerly the characters of our enemies; and whosoever maintain and do these things (though they should assume to themselves the name of Saints) are still to be accounted Incendiaries, Malignants, and evil Instruments. And we are obliged by Covenant with faithfulness to endeavour the discovery of all such, that they may be brought to public trial, and receive condign punishment. And though it be far from our intentions that pious and peaceable men should be troubled, because in every thing they cannot conform themselves to Presbyterial Govenment (for we did never oppose such an indulgence to their persons as is agreeable to the Word of God, may stand with the public peace, and is not destructive to the order and Government of the Church) yet we do from our very souls abhor such a general and vast Toleration as is expressed in the Proposition. And if the Houses (which God forbidden) shall adhere thereunto, and insist that it may be established, We do protest against it, as that which is expressly contrary to the Word of God, utterly repugnant to the solemn League and Covenant, destructive to Reformation and Uniformity in Religion, altogether inconsistent with the Declarations and Professions of the Houses, against the Treaty between the Kingdoms, directly opposite to the example and practice of all the reformed Churches, and as that which will unavoidably subvert all Order and Government, and introduce a world of confusion. Our minds are astonished, and our bowels are moved within us, when we think of the bitter fruits and sad consequences of such a Toleration. What horrid blasphemies against God What vile abominations! What pernicious doctrine, to the subversion and perdition of souls! What disobedience to the Magistrate! What violation of duties between persons of nearest relation! What differences and divisions in Families and Congregations it will bring forth! What bitter heart-burnings it will beget, and perpetuate to posterity! Nay, it is impossible for us to express what infinite distraction, disorder, and confusion it will make both in Church and State throughout all the three Kingdoms. And therefore we do obtest the Houses of Parliament by the solemn League and Covenant (which they have made in the presence of Almighty God the searcher of all hearts, with a true intention to perform the same, as they shall answer at that great day, when the secrets of all hearts shall be disclosed) and by all the promises, professions, and Declarations wherewith they induced the Kingdom of Scotland to an engagement and conjunction with them in this Cau●●, That they do not establish such an impious Toleration, as cannot but draw down the judgement of God, and make a rent between the two Kingdoms united by so many ties and relations, which we desire to cherish and strengthen, and to continue to all posterity. That next to Religion wherein we differ in judgement from the Propositions, is concerning the interest & power of the Crown. We are obliged by our Covenant, allegiance, and the duty of Subjects, not to diminish but to support the King's just power and greatness. The question than is, wherein his royal Authority and just power doth consist. And we affirm and hope it cannot be denied, that regal power and authority is chief in making and enacting Laws, and in protecting and defending their subjects, which are of the very essence and being of all Kings. And the exercise of that power are the chief parts and duties of their royal office and function; And the Sceptre and Sword are the badges of that power. Yet the new preface compared with other parts of these new Propositions, takes away the Kings negative voice, and cuts off all Royal power and righ● in the making of Laws, contrary to the constant practice of this and all other Kingdoms: For the Legislative power in some Monarchies is Penes Principem solum, and their Laws are called Principum placita, which is the highest and most absolute kind of Sovereignty. And in other Kingdoms and Monarchies, the power of making Laws is by compact between the Prince and people, or according to the constitution, practice, and usage of the several Kingdoms. In the last the power of the King is least; but best regulated, where neither the King alone without his Parliament, nor the Parliament without the King can make Laws; and where nothing enacted by the one without the consent of the other, can have the force of a Law. And although we will rather profess ignorantiam & facti & juris alieni, then take upon us to judge of the Laws of another Kingdom; yet it seems to be very clear and evident, by the practice and usage of all times, by the Parliaments own Declarations, and to be consonant to reason and law, that the King without the Houses of Parliament, or the Houses of Parliament without the King, cannot enact any Laws; but both jointly. And therefore the Laws are sometimes called the King's Laws, sometimes the Laws of the Land, and Acts of Parliament. And the form or Acts of Parliament sometimes begin with the word Concissinus, or Statuit R●x; And of later times Laws and Statutes begin, as ●ing enacted by the King with the consent and advice of the Lord & Commons. All which do in port the King's power and consent as to the ma●i●● of Laws▪ So that there can be no Law made, and have the force of a Law without the King; which likewise is clear by the expressions of to King's answers. L● Roy de Vene, & Le Roy S●avisera; so as it is c●●t from: the words of assent, when Statutes are made, and from the words of dissent, that the King's power in the making of Laws is one of the chiefest jewels of the Crown, and an essential part of Sovereignty. And if the King had no power nor consent in making of Laws, he would be less than a subject. Sometimes the King's denial had been better than his assent to the desires of the Houses of Parliament; as when Kings have assented to the taking away the reading of Scripture from the Laity, as Henry the Eight did; or to introduce Popery, as Queen Mary. And since neither Kings nor Parliaments have the judgement of infallibility, it must certainly be the best, where Laws are made with consent both of King and Parliament, which is the strongest bulwark of the people's liberty, and supporter of the King's authority. And the King being King over divers Nations, this form of constitution where neither the King without his Parliament, nor the Parliament without the King can make Laws, is a good and sure security to preserve his Kingdoms in peace from injuring one another, and to protect the subjects from injury amongst themselves. The Houses of Parliament pag. 710 of the Exact collection of Remonstrances and Declarations, answering an argument against the Kings passing the Bill of the Militia, make this Reply: If we had said (as we did not) that the King had been bound to pass all Bills that should be offered to him by both Houses of Parliament, without any limitation or qualification of reason or justice, yet such a supposition as this could not fall upon a Parliament, much less that a King were obliged for to grant it. And page 727, We did and do say, that the sovereign power doth reside in the King and both Houses of Parliament, and that his Majesty's negative voice doth not import a liberty for his Majesty to deny any thing as he pleaseth, though never so requisite and necessary for the Kingdom: and yet we did not, nor do say, that such Bills as his Majesty is bound both in conscience & justice to pass, shall notwithstanding be law without his consent; so far are we from taking away his negative voice. Wherefore the power in making Laws, even according to the Parliaments own Declarations, cannot be taken away from the King, and he required to assent to all such Laws as the Houses shall think fit, according to the Preface of these new Propositions, without a change of the Constitution and fundamental Government os the Kingdom. Concerning the power of the Militia, We do desire and shall be willing to agree, that it may be so settled, as neither the King nor any other be able to disturb or infringe the peace now to be agreed upon. And we think that in his Message from Caresbrook-Castle he hath offered that which should be very satisfactory; But that the King, his posterity and the Crown should for ever be divested of all power and ●ight of the Militia, is different from our judgements. For if the Crown have no power of the Militia, how can they be able to resist their enemies, and the enemies of the Kingdom, protect their subjects, or keep friendship or correspondence with their Allies? All Kings by their Royal office and Oath of Coronation are obliged to protect their Laws and subjects: It were strange then to seclude the Crown for ever from the Power of doing, that, which by the oath of Coronation they are obliged to perform, and the obedience whereunto falleth within the oath of Allegiance. And certainly if the King and His posterity, shall have no power in making Laws, nor in the Militia, it roots up the strongest foundation of honour and safety which the Crown affords; and will be interpreted in the eyes of the world, to be a wresting of the Sceptre and Sword out of their hands. It is very far from our desires that Monarchy should be at the absolute height of an Arbitrary and tyrannical power; Neither desire we Just Monarchical power to be wronged and rendered contemptible: But to have such a golden Mediocrity as they may be able to protect their subjects, and oppose their enemies according to the fundamental Laws, and ancient constitution of the Kingdom. Before the last propositions were sent to his Majesty at Newcastle, both in verbal debates and in our writings, we did show, That we were unsatisfied concerning several particulars contained in those propositions; particularly, when we did consent, that the power and exercise of the Militia should be settled in the houses of Parliament for a time, we did it with this provision, that it were understood to be without prejudice to the right and interest of the Crown; And that the King and His posterity be not totally excluded and rendered incapable to protect their subjects, and oppose the enemies of the Kingdoms: And farther when we gave way to the sending of those Propositions, we did declare it to be our judgement, that divers things craved therein, were such, as peace or war ought not to depend upon the grant or refusal of them; We ever did and must still hold it as a good rule in the making of a peace, that the more moderate and reasonable our de●●●e●●e, we may expect the firmer peace. Wherefore as in the difference betwixt the King and the Parliament, we think it very unjust to exclude the King from his Just power in the Militia; so when we look upon the Liberty of the subject, we think neither King nor Parliament ought to keep up an Army in the field, when the war is ended, to the expense and utter impoverishing of the people; the trained Bands of the Kingdom, (which may be made use of with little charge) and the forces which may be kept in some chief Garrisons, being sufficient to suppress any commotion or disturbance that is likely to arise upon occasion of the late troubles. And we conceive an Army should be kept up only in the case of a powerful Insurrection within the Kingdom, or of a foreign invasion from without, and otherwise to maintain a perpetual Army in the bowels of the Kingdom upon the expense of the subject, when there is no enemy to fight with, is but to enslave the King and Kingdom under a Military bondage. When our Army returned to Scotland, it was confidently expected that the Houses should have speedily disbanded their Army, (the war being at an end and no visible enemy in the Kingdom) and proceeded to the settling of a peace here, and to the effectual relief of Ireland: But now after a full years delay almost, we do not find amongst all these propositions, any thing concerning the disbanding of Armies, or sending relief to that distressed Kingdom; but on the contrary there is only provision made for keeping up armies, and raising money for their maintenance. We must therefore declare to the Houses, that it is our judgement and earnest desire, that there may be a Proposition for disbanding Armies in both Kingdom. Armies were raised for defence of Religion, the King's person and authority, the Privileges of Parliament, and the liberty of the subject. And when they are no more useful for these ends, and the Houses may consult freely and act securely without any hostile opposition, It is high time to disband them, that the Laws of the Kingdom may take place. Some of out neighbour nations are necessitated to keep up Armies because they have enemies, that lie contiguous and adjoining to their borders; but the sea is our Bulwark. And if we study amity and peace amongst ourselves, and entertain the union between the Kingdoms under his Majesty's government, we need not fear foreign invasion. It is a Custom in other Nations to keep up Armies, to levy moneys by force; But these are free Kingdoms; and when they have been fight for liberty and freedom, we trust, that it is not intended that war should be made a trade, or that their wars shall end in slavery. The continuance of Armies will certainly increase factions and divisions, to the great weakening of the Kingdoms, & will in end expose us as a prey to our enemies; neither is it possible so long as they are kept up, that there can be a settled peace. The charge of entertaining Armies is needless, when there is no enemy, and extremely grievous to the people, who before were willing to bear it, when they saw a necessity for it. And now after so great sufferings and vast expense of Treasure to soldiers for many years together, the burden is become insupportable. For these and many other reasons which we could add, we hold it most necessary, That as there is a Proposition for payment of the arrears of the Army; so also there be an addition unto it for their disbanding. Touching the conferring titles of honour, we desire the King who is the fountain of honour, may not be deprived of that which in all ages and Kingdoms, hath been held and esteemed a flower of the Crown, and wherewith Kings do usually recompense the virtue and merits of such as do memorable services to the Crown or Kingdom. And as to the disposing of the great offices of State, and nameing of privy Counsellors, we conceive his Majesty's offer, in his late Message of the sixteenth of November, to be so reasonable, as may give satisfaction to the Houses. That which we are to speak of next in order, is, the union and joint interest of the Kingdoms, where we wish we had not just cause to expostulate, that the Houses have omitted the Covenant in these Propositions; rejected all that concerns Unity and Uniformity in Religion; and have altered the former Proposition for confirmation of the Treaties, and desired now only an Approbation of the making of them, which amounts to no more than an Act of indemnity. They have also in that Proposition omitted these words With all other ordinances and proceed past betwixt the two Kingdoms, and whereunto they are obliged by the foresaid Treaties; which words were inserted in the former propositions, after serious debate; and therefore if the Houses intent to make good, and perform all ordinances passed betwixt the Kingdoms, according to their manifold professions; We desire that this Proposition may remain as before without any alteration or omission. The proposition desiring his Majesty's consent to what the two kingdoms shall agree upon, in pursuance of the Articles of the large treaty, which are not yet finished, is omitted. The joint declaration of both Kingdoms is likewise omitted; And generally throughout these Propositions all expressions of joint interest are left out. And whereas formerly the Propositions of both Kingdoms were drawn up together in one body: now for separating the interest of the Kingdoms, the Propositions for England, are drawn up apart; which new way, when we did observe, and what essential alterations, omissions, and additions were made in the matter of the Propositions, we desired a conference for removing all differences, and that we might the more speedily attain to an agreement; but it was not granted: however we have herein discharged our duty, that we use all means to prevent difference, and that we for our part, study to observe the Treaty betwixt the Kingdoms, Where it is expressly provided in the eighth Article, That no Cessation nor any pacification or agreement for peace whatsoever, shall be made by either Kingdom, or the Armies of either Kingdom, without the mutual advice and consent of both Kingdoms, or their Committees in that behalf appointed; and here we think it not amiss to remember the Houses of Parliament of their expressions in a declaration to the Lords States General of the united Provinces of the Low-Countries, showing why they did not admit of the mediation of the Dutch Ambassadors between the King and Parliament in the way and manner it was desired, without application to the Kingdom of Scotland. The words of the declaration are, that both the Kingdoms are mutually engaged in the Propositions and Treaty thereupon; And that neither could admit of their Mediation without consent of the other, because the two Kingdoms were united by solemn League and Covenant made to Almighty God, and by league each to other as one entire body to prosecute this cause; And that in pursuance thereof, Propositions for a safe and well grounded peace, were then preparing in a joint way, by the Parliaments of both Kingdoms. And whereas the Lords Ambassadors had propounded and offered from the King, the calling of a National Synod, to correct and redress the government of the Church by Bishops; One of the Answers which was given thereunto in the said declaration, was, That not only the Kingdom of Scotland and the Members of both Houses of Parliament, but also many thousands of others of his Majesty's subjects of England and Ireland, stand bound by their late Nationall Covenant, to endeavour the extirpation of the Church Government by Bishops, intended in the paper of the Dutch Ambassadors, both in England and Ireland, and to hinder the setting of it up again in the Kingdom of Scotland. All which being duly considered, we are extremely sorry, that the Houses of Parliament, should not only have given way, but countenanced the Army in their meddling with the settling of the peace of the Kingdom, & authorized Commissioners to treat with them, upon Propositions of peace (which we take to be the reason, that these Propositions are in so many things agreeable to the Proposals of the Army, especially in matters of Religion,) and without all question, it had been more agreeable to the Treaty betwixt the Kingdoms, and to former professions and proceed, that the Propositions of peace had been framed and agreed upon, with advice and consent of both Kingdoms. We have known the Houses of Parliament formerly look upon it as an offence of a high nature for any other than themselves to meddle in the matters of peace, especially the Commanders and officers of the Army (though in prime place and of great and eminent fidelity) making it only proper for them to be exercised in matters of war, according as they should receive direction from the Houses. And much more would the Houses have been offended, if any officers of their Army should have taken upon them to offer proposals to the King, for settling a peace, without authority from the houses, as we are informed some officers of Sir Thomas Fairfax his Army have done. If the Houses of Parliament had according to our earnest desire the third of March 1644. when they modelled their Army, made choice of such officers, as were known to be zealous of the Reformation of Religion, & of that uniformity which both Kingdoms are obliged to promote and maintain, and if they had also renewed their Declaration made the twentieth of September 1643. That they could not confide in such persons to have or execute place and authority in the Armies raised by them, who did not approve and consent to the Covenant; or if their Ordnance on the 15 of February 1644 (which appointeth all officers to be employed in Sir Thomas Fairfaxes Army to take the National league & Covenant of both Kingdoms, within 20 days after they were approved by the Houses) had been really put in execution, we are very confident it would have prevented a world of inconveniences and evils which have ensued upon the neglect thereof. We shall not further insist on this subject, neither shall we enlarge ourselves upon the proceed of the Army; But we must always put the Houses of Parliament in mind, that our greatest strength is in a good agreement with the King, and a firm Union between the Kingdoms. There is left out in these Propositions, the Proposition ●●●●erning the City of London, whereby they were to have the Government of their own Militia and the Tower, and assurance that their Forces shall not be compelled to go out of the City for Military Service, without their own consent. An Act of Parliament confirming their Charters, Customs, Liberties, etc. And an Act that all the By-Laws, and Ordinances of Common-council made, or to be made, should be as effectual to all in●●●●● and purposes, as if they were enacted by Authority of Parliament, with liberty also for them to repeal these Ordinances as they shall see cause. These things were formerly desired in the Propositions in behalf of the City, because of their affection, forwardness, faithfulness, and ●eal● in the common cause of both Kingdoms. And we conceive ourselves in duty obliged, to desire that this Proposition may not be omitted, but presented to His Majesty for His assent. Concerning the Propositions for taking away the Court of Wards, and Porrest Lands from His Majesty, It cannot be ●●pected, when the Houses of Parliament shall take into their consideration, the glory and greatness wherein their Kings have 〈◊〉 that they will ever take away or diminish any part of that ●atrimony and Revenue, which is necessary for supporting the Dignity of their Royal place, without giving a full recompense for th● same. Touching the Proposition for sal● and disposal of the Lands of Deans and Chapters, etc. as the Houses shall think fit: We have only this to say, that we have always he●rd those lands were reserved by the Houses for maintenance of the Ministry; and if they should be otherwise disposed of, it will 〈◊〉 a great discouragement to faithful Pastors, make their subsist●●●●● to depend upon the benevolence and charity of their 〈◊〉, and give occasion to the people (where Ministers 〈◊〉 wanting for lack of maintenance) to follow after Sectaries and T●●● Preachers. We desire to see the Ordinances for Indemnity mentioned in the Propositions. And now to conclude, we shall here set down most of our desires: Which are, That there may be a Personal Treaty with His Majesty at London. That the Preface may be the same as in the former Propositions. That the Honourable Houses, according to the solemn Vows, Treaties, Declarations, and Engagements between the two Kingdoms, would after so very long delay, establish the Solemn League and Covenant; and that His Majesty be desired to give His Royal Assent, for confirming the same by Act of Parliament in both Kingdoms. That the settling Reformation of, and Uniformity in Religion, according to the Covenant, in England and Ireland, be likewise desired in these new Propositions; And in particular, that the Confession of Faith, Directory of Worship, Form of Church-Government, and Catechising, agreed upon by the Assembly of Divines, and presented to the Houses, be established. That by Act of Parliament, effectual Course be taken for suppressing Blasphemy, Heresy, Schism, and all such scandalous Doctrines and Practices, as are contrary to the light of Nature, or to the known principles of Christianity (whether concerning Faith, Worship, or Conversation) or to the power of Godliness; or which may be destructive to Order and Government, or to the Peace of the Church or Kingdom. That the Ordinances concerning the calling and sitting of the Assembly of Divines, be desired to be confirmed by Act of Parliament, as in the former Propositions. That the Proposition for confirmation of the Treaties betwixt the Kingdoms; And all Ordinances and proceed betwixt them be expressed as in the former Propositions. And that the Treaty for the return of the Scots Army, of the Date of the 23 of Decemb. 1646. be inserted amongst the rest. That His Majesty's Assent be desired to what the two Kingdoms shall agree upon, in prosecution of the Articles of the large Treaty, which are not yet finished: And that all other things concerning joint-interest, or the Kingdom of Scotland in particular, which are omitted, be inserted, and expressed as in the former Propositions. That Armies in both Kingdoms, which were raised for preservation and Reformation of Religion, And for defence of the King's Person, and safety of the Kingdoms, be not kept up to hinder Reformation of Religion, And the King from His Government, And to be a burden to the Subjects, since the War is ended; but that they may have due satisfaction of their Arrears, and be disbanded; without which, there can be no real nor lasting Peace; That all Armies being disbanded here, speedy relief may be sent to Ireland. That an Act of Oblivion, which is the bond of Peace, be agreed upon, to be passed in the Parliaments of both Kingdoms. That the King be restored to his Rights and Revenues, and particularly that the Crown be not excluded from the power of making Laws, which is as essential to Kings, as to govern by Laws, and sway the Sceptre; Nor from the power of the Militia, without which they can neither protect their Subjects, oppose their and the Kingdom's enemies, nor keep friendship with their Allies. That there be a conclusion added to the Propositions, promising our real endeavours (as was done in the Propositions Treated upon at Uxbridge) that his Majesty may live in the splendour and glory of his Royal Progenitors, as beseemeth His Royal place and Dignity; That so all differences and troubles may end in mutual confidence and rejoicing; the King may enjoy the comfort of His Royal Consort and Children, with other contentments; And we, after so great distractions, and long continued sufferings, may reap the blessed fruits of Truth and Peace under his Government. And as it is very far from our thoughts and intentions in expressing our Differences upon the Propositions, to provoke or give offence; so we trust, that our freedom in discharge of the trust committed to us, proceeding from our zeal to Religion, Loyalty to the King, and love to Peace; shall receive a co●di● Interpretation from the Honourable Houses. And that they 〈◊〉 in their wisdom, not slight the desires of a Kingdom, ●ho 〈◊〉 the time of England's greatest danger, esteemed no 〈◊〉 too hard for their Assistance; And are now seeking nothing, but the performance of the mutual Obligements, Declarations, and Treaties between the two Kingdoms, And to prevent the dangers which may cause upon the 〈◊〉 and 〈…〉 to solemn engagements. The Houses of Parliament have frequently professed, that the chief end of their Wars was the Reformation and establishment of Religion according to the Covenant. And they have often Promised and Declared to the King and to all the World, (n●t without ●l●ep ●●esta●●● of the Name of God) that no trouble or success should ever make them wrong or diminish the power of the Crown, which were the chief mo●●●es and Arguments that endured Scotland to engage with them in this War. Let therefore that be given to God which is Gods, and to Caesar what is Caesar's; whereby it may be evident that you are not unmindful of the solemn Vows you made to God in the time of distress, for Reformation of Religion; and it may also really appear, that 〈◊〉 advantages and power which 〈◊〉 put into your hands, hath not 〈…〉 your Loyalty to the King. And according to our many professions, and near 〈…〉 ●●ally and co●●●●●ly, cherish and str●ng then the V●ion between the two Kingdoms under his Majesty, by all the Pledges of reciprocal kindness, 〈◊〉 so Religion and Righteousness may flourish, and both Kingdoms, languishing under the 〈…〉 and 〈◊〉 of an natural War, may live in 〈◊〉 pl●nty. By Command of the Commissioners for the Parliament of Scotland. IO. CHEIS●●●. WE 〈…〉 the Instructions communica●●●● unto 〈…〉 in the 〈◊〉, wherein the 〈…〉 the King, care 〈◊〉 present 〈◊〉 the 〈…〉 〈…〉 of 〈…〉 of 〈…〉 of Parliament 〈…〉, Procla 〈◊〉 〈◊〉, and 〈…〉 the Parliament to be 〈…〉 or 〈…〉 to be made; and a new Proposition for the adjournments of both Houses. To which Bills they are commanded to desire His Majesty's assent by His Letters Patents under the great Seal of England, and not otherwise. And after His Majesty's assent to those Bills, the Houses of Parliament will send a Committee of both Houses to Treat with His Majesty in the Isle of Wight upon the remainder of the new Propositions. To all which we answer; That, although there be nothing which we more passionately desire then a happy Peace, and good agreement with the King; yet we cannot agree to this way of desiring His Majesty's assent to those four Bills, before any Treaty with His Majesty upon other Propositions, it being in our judgement neither for the good of Religion, the King nor Kingdoms. And first concerning Religion, we say, that in January, 1645. it was agreed on betwixt the Houses of Parliament and us, before the Treaty at Uxbridge; That the Propositions concerning Religion the Militia, and Ireland, shall be treated upon alte●●s vicibus, beginning first with the Proposition of Religion, and that as it is of most excellency, so it is to be sought after and finally agreed upon in the first place before any final agreement the 〈◊〉 upon any of the other Propositions. We are very sure the Houses had far greater reason at that time, to look to their security, and to desire the Proposition for settling the Militia to be first agreed on, when the King had an Army in the field, than now when they have a strong Army, and he has none at all. And upon the other part the danger to Religion is now much greater them a● any time before when men in Arms are demanding a toleration of all sorts of Religions (Popery excepted.) And if first of all it should be agreed on, that the continuance of such an Army shall be settled by Law, we desire it may be equally considered, what good can be expected from a treaty upon 〈◊〉, or what hopes shall remain of settling it according to the Covenant; wherefore we cannot consent to the sending any Propositions or 〈…〉 a se●●rity for ●●●ling Peace without T●●th, which hath been acknowledged both by His Majesty, and the 〈◊〉 all former Treaties or Messages, to be the best 〈◊〉 most 〈◊〉 foundation of a lasting Peace. And we must still press that there may be a preference of those desires which are for settling 〈◊〉 and the Government of the Church: the want 〈◊〉, 〈◊〉 the 〈◊〉 of the Sects and Heresies which do multiply and in 〈◊〉 〈◊〉 daily, to the disturbance of all Order and Peace, both in Church and State. As this way is not for the good of Religion, so it cannot in reason be conceived, that it shall be acceptable to the King; for how can it be expected that he will grant those things for a personal Treaty (whereof the issue is uncertain) which he hath ever hitherto denied even to obtain a Peace (especially when after all his Majesty's earnest desires, he cannot be admitted to come to London, nor upon any terms to have a Treaty here, in respect the Houses conceive that the King's presence with them, at this time stands not with the safety and security of the Parliament and kingdom; but that the King's assent to the four Bills must be by Commission, and thereafter a Treaty upon the rest of the Propositions at the Isle of Wight (Or, can it be looked for, that He will give the whole and sole power of the Militia from himself and his Posterity, to the Houses for their security, and to be disposed of as they shall think fit, and have no security at all to himself, nor any assurrance that he shall be restored to his Rights and Government? It is much more probable, that he will think he hath already offered sufficient security in his late Message from Carisbrooke Castle of the 16. Novemb. wherein he is content that all power of the Militia be settled in the Houses of Parliament during his Reign. Neither is this way in our apprehensions for the good and safety of the Kingdoms, that an Army holding such principles as they do concerning Religion, and in relation to the settling the government and Peace of the Kingdoms, and which (without any known authority from the Parliament) hath increased their number to near the double of what they are allowed by order of Parliament, (and in their late Representation, acknowledge their supper numeraries to be about twenty thousand.) That such an Army (we say) shall be perpetually established when there are no forces to oppose the Parliament, and that the subjects shall be obliged by a Law for ever to submit to a Military power, and pay what money shall be demanded for their maintenance; whatsoever it may seem to others to be, in our sense it doth neither agree with the rules of Policy nor Safety. We did desire to see the four Bills to be presented to His Majesty (so much the rather, that from the Title of the Bill for the Militia; we perceive that it doth extend to the settling and maintaining of forces in the Town of Berwick, contrary to the large Treaty betwixt the kingdoms.) And we did represent that those Bills being assented unto by the King would be a real security, and the making an Agreement for Peace, which according to the Treaty betwixt the Kingdoms cannot be done without the mutual advice and consent of both. To which the Houses did yesterday return as their Answer, That the Privileges, Right and Custom of the Kingdom and Parliament of England, is, that Bills past both Houses to be presented to the King for His Royal assent, are not to be communicated to any other whosoever either in relation to Matter or Form, before His Answer thereunto given. And that there is nothing contained in any Article of Treaty betwixt the Kingdoms to the contrary. Whereunto we make this Reply, that the Bills mentioned in the 11. Sect. of the Propositions of Peace, presented to His Majesty at Oxford in Anno 1644. were communicated unto us, before they were sent to the King, and upon perusal of them, we did desire that nothing might be in those Bills contrary to the Covenant, or the Reformation, & Uniformity to be settled. Upon consideration whereof, the House of Commons gave us this answer: That the Reformation & Uniformity desired, is already provided for, in one of the Propositions, to which nothing contained in those Bills could be any prejudice, but should hereafter be regulated as the said Reformation and Uniformity shall be thought fit to be settled. Also the Bill for abolishing Episcopacy was communicated unto us, and afterward debated upon by his Majesty's Commissioners, and the Commissioners of both Kingdoms at Uxbridge. We thought fit to give these instances; to show, that it hath not always been the custom of both Houses not to communicate their Bills before His Majesty's Answer were given thereunto. Yet it is no ways our desire to meddle with the framing of your Laws, or advising the form of your Bills, we shall ever be tender of any just privilege of Parliament; but that it should be said that there is nothing contained in any Article of Treaty between the two Kingdoms, which requires the communication of the matter of any Bills, is to us very strange. It is agreed upon betwixt the Kingdoms, that no Cessation, nor any Pacification, or Agreement for Peace whatsoever, shall be made by either Kingdom, or the Armies of either Kingdom, without the mutual advice and consent of both Kingdoms: Suppose the Houses of Parliament should turn all their desires for peace into Bills, and should say, that those Bills cannot be communicated to the Kingdom of Scotland, either in relation to matter or form: We desire to know, and let any rational man judge, whether this were not an eluding and clear violation of the Treaty: Neither can it in this case be a satisfactory Answer, that the Houses of Parliament do only send four of the Propositions in Bills to His Majesty; for every one of the Propositions is a Proposition for peace, and an Agreement made upon any one of them is an agreement for peace. And which is much more, there are none of the Propositions which in their own nature do so immediately concern the settling of a peace, as these four Propositions; and what can be called an Agreement for peace if this be not? when the King by His assent shall justify the proceed of the Parliament in the ●●te war, and make all Oaths, Declarations, Proclamations, and other proceed against it to be void, when by Act of Parliament he shall settle the power of all Forces by Sea and Land into the Houses of Parliament, and also to raise moneys for their maintenance: when he shall consent that all Peers made, or hereafter to be made, shall not si● or vote in Parliament without conserre of both Houses, and when he shall give power to the House to adjourn at their pleasure: If then, the King's assent to those Bills be an Agreement for peace, (as we hope it cannot in reason be denied) our advice and consent ought to be had therein, before they be sent to the King, and otherwise the Treaty is violated. As we cannot agree to this way of sending these four Bills to His Majesty for His Assent before any Treaty upon the rest of the Propositions; so we are extremely unsatisfied with the matter of these new Propositions lately confiscated 〈◊〉 us; for the reasons expressed in our Answer unto them, which we do herewith deliver unto your Lordships, to be presented to both Houses of Parliament; And we do desire that they would take the whole business unto their further consideration, and that there may be a personal Treaty with His Majesty here a● 〈◊〉 upon such Propositions as shall be agreed upon, with advice and consent of both Kingdoms according to the Treaty. By Command of the Commissioners for the Parliament of Scotland. IO. CHEIS●●●. Decemb. ●7. 164●. FINIS.