SOME PAPERS OF THE COMMISSIONERS OF SCOTLAND, Given in lately to the Houses of PARLIAMENT, Concerning the PROPOSITIONS OF Peace. LONDON, Printed for Robert Bostock, dwelling at the sign of the King's Head in Paul's Churchyard. April 11. 1646. To the Reader. Judicious and good Reader, THe drawing up of Propositions for Peace to be sent unto the King, for a long time hath taken up the thoughts and pains of those who sit at the stern and helm of affairs. The delay of sending the Propositions, of late hath busied the fancies and tongues of most men, who do make it at this time the ordinary Theme of their discourses, which every one frameth right or wrong as he is carried by interest, but chief and mainly as he is lead by information, reasoning to and fro, he layeth the cause of the thus delaying to send Propositions to His Majesty, upon those whom he thinks and giveth out to be the let. Now, seeing the great mistake of many well-minded men in this Point, who taking things at the second hand, without being able to dive to the bottom and ground of affairs, shut at rovers and do not attain the mark; For the better information of all those who love Truth; and that faithful men with constancy to the Principles whereunto we are all sworn by our solemn Covenant, and tied to by divers Treaties, Agreements, and Results, after so many debates, conferences, and mature deliberation, be no more thus misunderstod, as they are by some, namely by those who are so much concerned to know the truth; and consequently to reject the sinistrous reports, raised and spread abroad against honesty, integrity, with constant faithfulness to the glory of God and good of his People: I having clearly understood from very good intelligence the cause in hand, do set it down here truly and simply as it is revera, without any disguisement by stating the question otherways then it is indeed, or by colouring it with affected words; which I here present unto thee, judicious Reader, hearty for thy satisfaction; with the Copy of three Papers given into the Houses of Parliament by the Commissioners of Scotland, which the last day fell into my hands; I pray thee to take in good part this weak expression for the public good from him who constantly prayeth for the welfare of Jerusalem, and wisheth thee to live in it happily and prosperously, Adieu. The state of the Question concerning the Propositions of Peace. THe Commissioners of Scotland have for nine Months, ever since the twentieth of june last, pressed the sending of the former Propositions agreed upon between the Kingdoms, presented to the King at Oxford, and whereof the most material were afterward debated upon at Uxbridge. The Houses of Parliament upon the sixth of August last, in answer to the Scottish Commissioners declare, That Propositions shall be sent speedily, but that they intent to make some alterations. After nine Months the Houses deliver to the Scots Commissioners upon the last of February some new Propositions. The Commissioners of Scotland upon the 16. of Marches deliver in their Answer to these Propositions, wherein they observe, that all the omissions, additions, or alteration made in the former Propositions, are in those things which concern the joint interest and union of the Kingdoms. Upon the 26. of March the Houses appoint a Committee to debate with the Scottish Commissioners concerning the differences, which are chief these: 1 Concerning Religion; The Houses make a general Proposition, desiring the King to assent to what they have, or shall agree upon concerning Reformation of Religion, and concerning Uniformity in Religion, as the two Kingdoms shall agree. The Commissioners desire to know the particulars, that after so long consultation of the Divines of both Kingdoms, they may with knowledge and assurance consent to that Proposition; it was answered, the Houses had not resolved what particulars to send: And the Commissioners of Scotland deny to consent till they be acquainted with the Particulars, and take them into consideration. 2 Concerning the Militia, The Commissioners desire the former Proposition agreed upon between the Kingdoms, and debated at Uxbridge to be sent, especially because it doth nearly unite the Kingdoms. The Houses in their new Propositions will have the Militia of the Kingdoms settled severally, each Kingdom by itself apart. The Commissioners desire such a conjunction at least, as both may upon occasion join together for suppressing insurrections, and opposing foreign invasions. The Houses will have the Militia settled in themselves from time to time without any limitation, and not only the King, but his Posterity and the Crown excluded in time coming. The Commissioners conceive it necessary, that for the security of the Kingdoms the Militia should be so settled as the King may have no power to make these Kingdoms twice miserable, but that this being a case extraordinary, it should only be for a time; and as upon the one part, they think it most dangerous, that the Militia should after expiration of that time be settled in the King alone, so they hold it very unsafe, That the fundamental Laws of the Kingdom should be altered, and the Crown for ever excluded from all interest & right whatsoever; but after expiration of such a time as shall be agreed upon, the ordering of the Militia may be by King and Parliament, according to the many Declarations of both Kingdoms, See Collection of Remonst. pag. 207, 208. 728, 729, 730. etc. and particularly of the Houses of Parliament, who affirm it to be by the constitution and fundamental Laws of the Kingdom in King and Parliament together, and only in cases extraordinary, when the King fails in his Duty, the Parliament alone to provide for the security of the Kingdom. 3 Concerning Ireland; The Houses allege, that the transactions between the Kingdoms made at Edinburgh, 28. November 1643. are no Treaty. The Commissioners make it appear that it is a Treaty, for that the English Commissioners had power to Treat, agree, and conclude; Articles are drawn up and agreed unto, which the Houses ratify and confirm in their Votes of the ninth of March, and eleaventh of April, 1643. In the same Votcs calling it a Treaty: And Scotland performs their part of the Treaty, makes their Army stay and advance to them a hundreth thousand pounds sterling, at the desire of England, who then because of their low condition were not able to send them any relief; and now the Houses make question to perform their part of the Treaty to Scotland. Lastly, The difference is concerning four Propositions formerly agreed upon between the Kingdoms, and omitted by the Houses in their new Propositions. They are: 1. The Proposition that Peace and War shall not be made without consent of both Kingdoms. 2. For education of the King's Children by consent of both Kingdoms 3. For disbanding the Armies by consent of both Kingdoms. 4. For an Act of oblivion by consent of both. The Commissioners desire, that either the Propositions concerning Religion, the Militia, and Ireland, be sent alone as was done at Uxbridge, or if more be sent, That these Propositions which concern the joint interest of both Kingdoms may also be sent when others of less moment are sent. When the Committee of both Houses, and the Commissioners had debated upon all these differences, the Commissioners expected that both should have joined their endeavours to find out expedients for removing these differences, and so come to a speedy agreement. But the Committee of both Houses, Declared they had no power to consent to the alteration of the least circumstance, though they were convinced in reason; whereupon the Commissioners gave in a Paper, desiring the Houses to enlarge the power of the Committee. Some Papers of the Commissioners of Scotland, given in lately to the Houses of PARLIAMENT: Concerning the Propositions of Peace. OUr earnest desires to have Religion settled in this Kingdom according to the Covenant, and to have both Kingdoms delivered from their present troubles and pressures, and established in a firm and happy peace, that we ourselves and our Army might return to our own Native Country with comfort and contentment; moved us these nine Months passed often and earnestly to press, That the Propositions formerly agreed upon by the two Kingdoms might be sent to his Majesty, and the Answer of the Honourable Houses seven months since; showing their resolution to send Propositions to his Majesty for such a Peace, hath moved us extremely to long for them. Upon the 28. of February we received some of the Propositions, which your Lordship's desire to be sent, and in answer to our Paper of the second of this instant March, expressing our desire to know whether these were all the Propositions desired to be sent, or if we were to expect any other. It was returned upon the fourth of March, that these were all, except such as concern Delinquents, and the City, which were speedily to be delivered unto us. In the Propositions which we have received we cannot but observe, That the most material additions, omissions, and alterations as they are expressed in the Paper wherein the difference consists, betwixt these and the Propositions formerly agreed upon, do trench upon the joint interest of both Kingdoms, and tend to the leusing of the Bonds, and weakening of the sinews of our happy Union: which were not only notable Pledges and Evidences of reciprocal kindness for the time, to the discouragement of the common Enemy, but were also powerful means for conserving and perpetuating our common Peace, and Brotherly Amity for all Generations to come, to the despairing of all our Enemies, ever to prevail by their plots or attempts against these so nearly and firmly united Kingdoms. This could not but be a matter of resentment and unspeakable grief unto us, and to the Kingdom of Scotland, had we not grounds of assurance of the intention of both Houses to the contrary; both from the inviolable League and Covenant, wherein we have all sworn, to endeavour that thesc Kingdoms may remain conjoined in a firm Peace and Union to all posterity, and from their Letter of the 13. of November, 1645. to the Parliament of Scotland, expressing their desire of a nearer union, and conjunction between the Kingdoms: We come therefore to the particular consideration of the Propositions. We do first of all desire, That the Preface, Title, and conclusion of the Propositions may be the same as formerly, or to that sense. In the first Article we desire these words [the Parliament of that Kingdom] to be added after these words [convention of Estates in Scotland] and we do agree to the first, second, third, and fourth Propositions. To the fifth and sixth Propositions, We desire to see what the Houses have already agreed upon concerning Religion, and then we shall give in our Answer about these Propositions. To the 7, 8, 9, 10, 11, and 12. Propositions we do agree, the clause set down in the 11. Article of the former Propositions, and omitted in these, concerning the ratifying the Acts of the Convention of Estates and Parliament of Scotland, being added to the 12. Proposition. The Treaty at Edinburgh the 28. of Nou. 1643. which was comprehended in the former Proposition agreed upon between the Kingdoms, is excluded by these words in this new 13. Proposition [And whereunto they are obliged by the afaresaid Treaties] for the Kingdoms were not obliged by any of the former Treaties to make a subsequent Treaty, and therefore we desire the said Treaty of the 28. of Nou. 1643. together with the Ordinances of the 9 of March, and the 11. of April, ratifying the same, may be expressed in the Proposition, for which we offer the Reasons following: The Commissioners of the Parliament of England received particular instructions from the two Houses to treat with the Kingdom of Scotland, concerning the maintenance of the Scottish Army in Ireland, and ordering thereof in such manner as might best conduce to the prosecution of that War according to the ends expressed in the Covenant. And by their instructions communicated to the Convention of Estates of Scotland, according to the direction of the Houses, they are expressly authorized to settle upon some course with the Kingdom of Scotland, to manage the War by the joint advice of the Committees of both Kingdoms, and to prevent the evils and mischiefs that else might fall out for want of the same. According to these instructions seven Articles are mutually agreed upon at Edinburgh the 28. of Novemb. 1643. by a Committee of both Kingdoms, after advising with the Agents and Officers sent from the Scottish Army, and serious debates, and mature deliberation upon the whole matter between the Committees of both Kingdoms, as is acknowledged in the preface of the Treaty. In the fourth Article of that Treaty two things are agreed on: 1. That he who doth or shall command in chief over the Scottish Army, by joint consent of both Kingdoms, shall also command the rest of the British Forces in Ireland. 2. For the managing of that War, and prosecuting the ends expressed in the Covenant, that the same be done by joint advice with the Committees of both Kingdoms. These Articles being agreed upon were transmitted to the Houses of Parliament, and six of them ratified and approved in the Votes of both Houses of the ninth of March, and eleaventh of April. In the Votes of the ninth of March, the fourth Article concerning the Command in chief, and the managing of the War, with the joint advice of both Kingdoms, is verbatim ratified by the Houses, and was presented at Uxbridge to be confirmed by the King. The Commissioners of Scotland having received instructions from the Estates of Parliament for the perfecting of this Treaty, and the two Houses having referred the same to the consideration of the Committee of both Kingdoms, After a free debate, and full deliberation the third and fourth Articles of the Treaty at Edinburgh were agreed upon and perfected by them, and reported to both Houses, who ratified and approved the same in their votes of the 11th of April. Concerning the command in chief, these words were agreed upon, That the Earl of Leven Lord General of the Scottish forces in Ireland being now by the votes of both houses agreed to be commander in chief over all the forces, as well British as scott's, according to the fourth Article of the result of the Committee of both kingdoms passed both houses, be desired with all convenient speed by the advice of the said Committees, to nominate and appoint a Commander in chief under his Excellency over the said forces to reside with them upon the place. Concerning the managing of the war, it is agreed upon in these words, That Committees be nominated and appointed by the joint advice of both Kingdoms of such numbers and qualities as shall be by them agreed on, to be sent with all convenient speed to reside with the said forces, & enabled with full and ample instructions by the joint advice of both Kingdoms, for regulating of the said forces, and the better carrying on of that war. And both these Articles were delivered in at the Treaty at Uxbridge, and desired to be confirmed. That according to these Articles, Committees are now in Ireland from both Kingdoms for managing of the war. That these Articles of the 28 of Novemb. 1643. are likewise ratified in the Parliament of Scotland, and registered as a Treaty. That the houses of Parliament in their votes of the 9 of March do in approbation of the sixth Article acknowledge it to be a Treaty. That the votes of the 9 of March by direction of the houses were delivered unto us, as their consent to the Articles of the said Treaty of the 28 of November, and the houses in their Letter of the 25 of May did acquaint the Parliament of Scotland that they had ratified and confirmed the several Treaties made and agreed between their Commissioners, and the Convention of Estates of Scotland: And that it was their desire the same might be done by the Parliament of Scotland, which they did accordingly. That these Articles were agreed upon between the Kingdoms when the Parliaments Army in Munster revolted from them, and when the Scottish Army in Ulster, had sent agents to the Convention of Estates of Scotland to declare, that by reason of their extreme wants and sufferings occasioned by the want of their pay and necessary maintenance, due by the Parliament of England, they were resolved to leave that Kingdom, whereby it would have been wholly lost to the Parliament of England, if the Kingdom of Scotland had not interposed, and by taxing great sums of money upon the Kingdom of Scotland, and levying provisions, had raised considerable supplies, and sent them over for the present subsistence of the Scottish Army, until the Parliament of England should be able to send them further supplies; which both Houses do acknowledge in their said Letter of the 25 of May to the Parliament of Scotland, and do return their hearty thanks to the Kingdom of Scotland, for their care of that Army, and the great charge they have been at for their relief with provisions and money for their necessary subsistence. Those Articles being treated upon by Committees of both Kingdoms, both in Scotland and England, being ratified by the Parliaments of both Kingdoms, and by both acknowledged to be a Treaty; presented with the Propositions of peace, and debated at Uxbridge, and having as much if not more of the formalities of a Treaty then the first Treaty concerning the sending of the Scottish Army into Ireland: we desire this Treaty may be inserted with the other Treaties in this Proposition, it being most reasonable the Treaty made and conditions agreed on for the continuance of that starved Army in Ireland, should be of as great force and as well observed, as the Treaty made for sending them over into Ireland. As to the former part of the 14 Proposition, we desire it may stand as formerly, for the reasons above expressed: And as to the later part now added, we desire that all the Articles concerning the settling of Religion in this Kingdom may be extended to Ireland, according to the Covenant. The 15 Proposition concerning Delinquents we have not received. To the 16 and 17 Propositions we do agree. In the 18 Proposition, we find so material differences from that which was formerly agreed upon concerning the Militia, as may be matter of long debate what may be most conducible to the security of both Kingdoms, and so retard the sending of the Propositions and lose the present opportunity of obtaining his Majesty's consent before he be engaged in some other design which may be a ruin to himself, and a matter of new trouble to these Kingdoms. We desire it may be considered, that the former Propositions, according to the interest of both Kingdoms, did settle a power in Commissioners of both Kingdoms for resisting all foreign invasions, and for suppressing of all forces raised within either of the said Kingdoms, to the disturbance of their peace; By which there was no place left either to arbitrary power, or to any mistake or jealousy that could be raised or fomented between the Kingdoms; or to any project of Incendiaries, to divide the King from any of his Kingdoms, or one Kingdom from another. And we see no reason why that which at the framing of these Propositions, was esteemed as a great service and a firm foundation of unity and mutual confidence betwixt the Kingdoms, should now be altered, the reasons for preventing thereof being as strong as ever. And this new Proposition contains nothing that may prevent those so great and obvious inconveniences, but seems rather to argue a diffidence and jealousy to the weakening of that mutual confidence which was laid by the former Propositions. Further, this new Proposition doth not provide how the Militia shall be ordered and disposed in the Intervals of Parliament, although in another case by the 21 Proposition concerning the nomination of the Deputy or chief Governor of Ireland the Chancellor or Lord Keeper, Lord Treasurer, and other Officers and ministers of England and Ireland, it is provided that in the Intervals of Parliament they shall be nominated by a Committee of Parliament. And if it be intended that in like manner the Militia be ordered in the intervals of Parliament by a Committee of Parliament, there is no objection can be made against the former Proposition, for settling the Militia in Commissioners, which will not be as full against settling thereof in a Committee, for by the former Propositions the Commissioners were alterable from time to time by the Houses, and to receive and observe their directions and instructions. We conceive also, as the honourable Houses upon consideration of the manifold troubles and distractions in these times, have wisely and necessarily resolved for the safety and security of these Kingdoms, so to settle the Militia, as the King although he were willing be not able by involving them again into a bloody war, to make them twice miserable wherein we are ready most hearty to concur: So do we think, it is not their intention, to divest the King his posterity and Crown for all time coming, of all power, right, and interest in the matter of Militia, so as although they be never so willing to follow the advice of their Parliaments, yet they shall for ever be incapable, and in no time coming be admitted to join with the Parliaments, for ressisting their enemies, and protecting their Subjects; the apprehension whereof, may prolong the King's answer and hinder his consent, and (as may easily be collected from the debates at uxbridg) may be interpreted to be a fundamental alteration of the Government, contrary to the resolutions and declarations of both Kingdoms, and not so agreeable to the Covenant; may be made use of by our adversaries, for such an occasion of quarrelling, as they never had before, may be made a mean to bring the common cause and our carriage into contempt, & used by our enemies as a motive for provoking foreign Princes and States to engage in a war against us; both parts were provided for in the former Proposition upon the one part the exercise and execution of the Militia was not to be in the power of the King, yet upon the other part were the Commissioners in whose hands it was to be trusted, to have their Commission from King and Parliament, and it was condescended upon at Uxbridge, that the time should be limited to seven years, and after expiration of that term to be settled and exercised in such manner as his Majesty and the Parliaments of both Kingdom's respective should think fit, but by this new Proposition the whole power is to be settled in the two houses of Parliament, and the Crown altogether excluded from all interest in the Militia for ever, which therefore requireth a new consideration. There is another thing which we profess doth very much affect us, that whereas in the large Treaty of Peace, a Commission for preservation of the peace then settled between the kingdoms was judged most necessary, and was mutually agreed upon, and accordingly in pursuance thereof, Commissioners were appointed by the Parliament of Scotland, to whom the Houses of Parliament upon several occasions made their addresses to good purpose, and whereas in the former Propositions, several Articles were set down with mutual consent for conserving the peace, firmly and inviolably for all time to come, yet in this new Proposition although the danger be no less, and the necessity no less urgent, there is not so much as mention made of any mean to be used or course to be taken for conserving the peace between the Kingdoms, and betwixt the King and either of them, but all passed in silence; All which necessary considerations we offer to the wisdom of the honourable Houses, that they may continue in their resolution to send the former Propositions as they were proposed at Uxbridge, which will be free of debate, are more likely to be obtained of the King's Majesty, and will serve more for the peace and good correspondence of the Kingdoms, especially that the conservation of peace for the future may be provided for. To the 19 and 20. Propositions we do agree. To the 21. Proposition we do agree with this addition. The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council, Lords of Session, and Exchequer Officers of State and Justice General, in such manner as the Estates in Parliament shall think fit. The Proposition concerning the education, marriage, and choosing of the Tutors and Governors of the King's children by consent of both Kingdoms, is omitted in these new Propositions. The Proposition concerning the making of peace or war with foreign Princes and States, with advice and consent of both Kingdoms, is also omitted in these Propositions. The Proposition concerning the disbanding the Armies by consent of both Kingdoms is likewise omitted. The Proposition for passing an act of oblivion in the Parliaments of both Kingdoms is omitted. We desire that the Proposition concerning the City of London, as also the Propositions concerning Delinquents, may be speedily delivered unto us that they may be dispatched with the rest. Upon the whole matter, If the houses of Parliament shall think fit for the present, to send only the three Propositions, concerning Religion, the Militia, and Ireland, as they were proposed at Uxbridge we do agree. But if they think fit that more Propositions be sent at this time, we do desire that all the Propositions which concern the joint interest of both Kingdoms, and are omitted in the new Propositions, may be sent likewise, although we are of the judgement that every particular, and circumstance of the Propositions, is not of so great importance to these Kingdoms as peace and war should depend thereupon. Having thus freely in such brotherly manner as the matter of peace doth require expressed our sense of the Propositions delivered unto us; if there be any mistake on our part, or if there be any point wherein the honourable Houses are not satisfied, we are most willing and ready to give and receive all brotherly satisfaction, by conference or otherwise in such manner as shall be judgeed most behooveful and expeditious, and to give testimony of our true and earnest desires, and readiness to concur with the honourable Houses in all such things as upon a friendly debate, shall be found conducible for procuring, settling and propagating such a peace, as we all desire for our common happiness. March, 16. 1646. It is not unknown to the Honourable Houses of Parliament, how long a time we have waited here in patience and silence for the settling of Church-government according to the Covenant, and we ourselves know (for which we have many witnesses, at home in the Church of Scotland) how zealous we have been of the honour of the Parliament in this matter; what hath been our care and industry to persuade and assure, that although hope deferred might make the hearts of many to faint, yet when the desire should come, it would be a tree of life; And that we were not to judge of the model of Church-government in the Church of England, and of uniformity with the Church of Scotland, by some praevious and particular Ordinances of Parliament which were but parts of the building, but were to expect the last Ordinance, which would supply the defects of the former, and by rearing up the whole house in proportion and beauty, would in the end give to every judicious eye and zealous heart a full satisfaction. We do also with thankfulness acknowledge and remember the zeal of the honourable Houses, in removing the Book of Common-prayer, in abolishing Episcopal government, and in other parts of of Reformation, and that in the time of their greatest troubles and dangers, which maketh their work the more acceptable to God and all good men; Yet are we at this time necessitated by our Covenant, our common interest, and public trust, to make remonstrance of two things most material and of greatest consequence: One is, that through the long delay of the settling of the true Government of the Church, Heresies and Sects are so multiplied, and Schism hath so much prevailed, that if there be not in time a powerful remedy provided, this Church after so many miseries of a bloody and long lasting War, will be in worse case than the former was, from which it was taken for a great happiness to be delivered; And 〈◊〉 Church of Scotland, after their many sufferings in this Kingdom and at home, in greater danger than it was in from the Prelates here, whose usurpation was the beginning of all our calamities and vexation. The Honourable Houses may be pleased to call to mind, that in the large Treaty of the date March 10. 1641; the Commissioners of Scotland, from the sense of the troubles of that Church, arising from the Prelates of the Church of England, did by many Arguments press Unity in Religion, and Uniformity of Church-Government, in the three Kingdoms, Unto which from the King & Parliament jointly, a comfortable and hopeful answer was returned for obtaining their desire. Thereafter in the year 1642, the General Assembly of the Church of Scotland, seconded and assisted by the Lords of Secret Council, Did upon the same grounds renew the same desire, And received from the Parliament of England, not only a Profession of their great contentment in the motion proposed, with many thanks, But also a large approbation of the motives upon which it was urged, which were; The more strict Union of both Kingdoms; More safe, easy, and comfortable Government of his Majesty, And both to himself and people more free communion in all holy exercise and duties of Worship; More constant security of Religion against the bloody practices of Papists and deceitful Errors of other Sectaries; More profitable use of the Ministry, in drawing them from unpleasant and unprofitable Controversies, to the pressing of Mortification, and to Treatises of true Piety and Practical Divinity; The making of way to the relief and deliverance of the poor afflicted Churches abroad, etc. All which are expressed in their Declaration and Resolution, in answer to the Declaration of the General Assembly, Together with a sad Complaint, that the miserable Estate of this Church and Kingdom, was not able to endure any longer delay, And a desire that some godly and learned Divines might be sent from the Church of Scotland, whereby the so-much-desired Unity and Uniformity might be obtained. In the end, the mutual and joint desires of both Kingdoms were concluded, and crowned with a Solemn League and Covenant, now translated in other Tongues, and known throughout all Christendom; which was taken, as for other good ends, so for endeavouring the nearest Conjunction and Uniformity in Religion and Church-Government, and the extirpation of Heresy and Schism. All which considered, we may be bold to say without Preface or Apology (which about the like purpose the Houses of Parliament in that their Declaration judged unnecessary) that it would be the sin and shame of the Church of England, And the sorrow of all the Reformed Churches, particularly of the Church of Scotland, if after so many preparations, and so Solemn League and Covenant is entered into, for endeavouring the nearest Conjunction and Uniformity in Religion and Church-Goverhment, and the extirpation of Heresy and Schism; Not only all sorts of Blasphemies, Heresies and Sects which are now multiplied, and Liberty of conscience which is pleaded for, should have place; But Unity and Uniformity in Religion, which is so much preached and written against, should be slighted, and the Covenant itself wrested and perverted to speak that which it never intended, and which did not enter into any man's mind in the beginning, Such a violence as the holy Scripture itself hath suffered from perverse and heretical spirits; And this Church after so long a time further from Uniformity amongst themselves and with other Reformed Churches, than they were at first when it was judged so necessary. Against these so dangerous and destructive evils, we earnestly desire the Honourable Houses to provide effectual remedy, And we pray God so to bless their endeavours, that the ruin of Religion in both Kingdoms, with the horrid consequences thereof, which is the work of Satan and his instruments, contrary to the Work of God and his Servants, may while there is yet hope, be wisely and speedily prevented. The other material Point which we desire to offer, is concerning the late Ordinance of Parliament, 14 March 1645, with the Directions, Aug. 19 1645; which in discharge of their duty to God, in pursuance of the Covenant, and in thankfulness to God for his mercies, They have after long consultation resolved upon; And wherein there be divers evidences of the Piety and Wisdom of the Honourable Houses, For which not only the Church of England, but the Church of Scotland, and all the Reformed Churches, have cause to bless the Lord; Yet it being acknowledged, that there may be need of Supplements and Additions, and haply also of alterations in some things, And it being supposed that the advice of the Assembly of Divines, wherein we have been assistant, is had thereunto, And we being entrusted by the Church of Scotland, in matters that concern them so nearly upon their common Interest: We have taken the freedom to present our thoughts concerning some particulars contained in the Ordinance. First, concerning the Subordination of the Assemblies of the Church to the Parliament: We make no question but the Parliament is superior to all the Assemblies of the Church in Place, Dignity, Honour, and earthly power; That Civil powers are the Vicegerents of God on earth, And that Ministers are only Servants and Ambassadors; And that the Magistrate is Custos utriusque tabulae, and may by his authority compel the Ministers and Assemblies of the Church, to perform the duties which Christ requires of them: Like as the Ministers are bound to render a reason and account of their proceed to the Civil Powers with all humility and reverence. We do only desire, that without diminution of, or derogation unto the right and just power of the Parliament or Civil Magistrate, the expression of Subordination may be altered; Because it may suppose (contrary to the meaning of the Parliament) that the relation of one Church-assembly to another, and of the Assemblies to the Parliament, and of appeals of one to another, are of the same kind and in the same line, as if the Civil power were not only about matters of the Church and Religion, But were formally Ecclesiastical, and to be exercised Ecclesiastically; Because some may interpret it to be such an Headship and Supremacy in the Church, as sometimes was in the Pope, and hath been retained in substance in this Kingdom, As the fountain of the high-Commission, and foundation of other corruptions, contrary to the judgement of all such as have sought after further Reformation; And because it is against the Doctrine and Profession of the Reformed Churches, which next unto the Word of God which is the Rule, are proposed in the Covenant as the example of Reformation. Secondly, We desire the Provincial Commissioners for judging of Scandals, may be taken to further consideration, there being no warrant nor pretence for such a mixture in Church-Government from Jesus Christ, Who hath appointed his own Spiritual Officers, to whom he hath committed the keys of the Kingdom of heaven, And to whom the Reformed Churches conceive the judging of offences, and the qualification of Communicants, doth as properly and incommunicably belong, as the public Preaching of the Word and Administration of the Sacraments. Nor can it be supposed, that some few Civil men, having no calling from God, can be more able to judge of matters of this nature, than the Assemblies of the Church separated for the work of the Gospel, of which this is no small part. The same Churches, and particularly the Church of Scotland, which all this time have been in expectation of great purity and perfection of Reformation in the Church of England, may have their own jealousies and fears, that in the nature of the thing, this may be the laying of a new foundation of an High Commission or Episcopacy, upon which the superstructure afterward, although contrary to the present public intentions, may be easy, And for a new partition-wall to divide betwixt them and the Church of England, and to make a present Schism and Separation for renting the bowels of this Church. Thirdly, Concerning the meeting of the National Assembly, we acknowledge that the Supreme Magistrate, who is Guardian of both Tables and a Nurce-Father of the Church, may call a National Assembly, when in his wisdom he shall judge it necessary; and the Church is with all respect and humility to obey his call, for the good of Religion, or the Peace of the Kingdoms, when by Religion disturbed; But it is withal to be acknowledged that this power of the Magistrate is accumulative or positive, but is not a privative or destructive power: We therefore move, That the liberty which the Church hath from Christ be not restrained in cases of such extraordinary necessity, as Religion in all places hath been and may be subject unto, the safety of the Church being here the Supreme Law, and the honourable Houses of Parliament, having their liberties enlarged, will be willing to enlarge the liberties of Christ and his Servants. And we desire, that as they have in their wisdom appointed certain times for the meeting of the inferior Assemblies of the Church, they may also be pleased to appoint fixed times for the meeting of the National Assembly; otherwise what shall become of the maladministration of Provincial Synods, and of appeals from them to the National Assembly? May not Provincial Synods within a short time run into contrary opinions and practices, and presume upon a Provincial Independency to hold them without control? The Christian Churches in all ages have used this as an ordinary and necessary mean for the Uniform settling and preserving of Religion and Piety, for censuring and purging out of heresies and errors, and removing of scandals, schism, tyranny, profaneness, and such evils as by Divine Providence and prediction must be, and would bring certain destruction and desolation upon Churches, if by this powerful remedy they were not cured or prevented. There be divers other particulars in the Directions and Ordinance of Parliament, as the giving of the Sacrament to some persons against the conscience of the Ministry and Eldership, concerning public Repentance, and such like, which by conference or otherwise as shall seem good to the wisdom of the honourable Houses, we would willingly and humbly offer to be examined, and with small alteration may give great satisfaction, being confident, that our liberty in what we have expressed, will be taken in good part; Sith it is done by us in pursuance of the ends of the Covenant, wherein as the Parliament & Church of England are bound to endeavour the preservation of the Government and Discipline of the Church of Scotland, So are we bound to endeavour the Reformation of the Discipline and Government in the Church of England and Ireland according to the Word of God, and the example of the best Reformed Churches; And sigh we have not for the present, and we hope shall never have for the future, whatsoever our adversity or prosperity may be, any other intentions or desires, than we had and proposed in the beginning, when we so solemnly entered in Covenant. March 26. 1646. The honourable Houses having after nine months' deliberation framed and upon the last of February delivered unto us some of the Propositions of Peace; Upon the 16th of March we returned our Answer, in the close whereof we expressed our earnest desires and readiness to give and receive all brotherly satisfaction concerning any differences, and to concur with the Houses in all such things as upon a friendly debate should be found conducible for procuring and settling a happy Peace. Upon consideration whereof, the Houses appointed a Committee to meet with us upon the 27th of March: but when we expected that upon debate their Lordships should have concurred with us in finding out expedients for removing of all differences and reporting of the result to both Houses that we might come to a speedy agreement, they declared unto us that they had only power to argue with us, and were so strictly bound up by the Votes of the Houses punctually to adhere to every Proposition, that they had no power to consider of the alteration of the least circumstance, though only as preparatory and in order to the further consideration of the Houses. When we have seriously thought upon this way of proceeding, the Propositions being the demands of both Kingdoms to be sent in the name of both as the best means for settling a well-grounded Peace, and in regard of the joint interest which both Nations have in the matter and end of the Propositions, and according to the Treaty made between the Kingdoms, both aught to have their judgement and advice in agreeing unto, and framing of the Propositions; we cannot but insist upon our former desire, That the honourable Houses may be pleased to authorise their Committee to confer with us about the best way and means for removing of our differences, to propose expedients, and hear what shall be offered by us, and report the results to the Houses, that so we may come to a speedy agreement, which (if we shall meet with the like inclinations, as we shall bring with us, being resolved as in other things so especially in the matter of the Militia for the full security of this Kingdom as of our own, to give all possible satisfaction so far as may consist with our Covenant and public Declarations) we hope may be by God's assistance in a very short time effectuated. Whereas otherwise if we shall spend time in drawing up all our differences with the reasons thereof, to present in writing to the Houses, receive their answers, and give in replies in like manner, it must needs prove the loss of a great deal of precious time, may in this conjuncture of affairs be of very dangerous consequence to both Kingdoms, and will retard the sending of the Propositions, the dispatch whereof for many reasons, would not be longer delayed, especially since we have so often declared to the King, that they are speedily to be sent, and the granting of them will be an effectual means for giving satisfaction to both Kingdoms. This we have judged necessary for us to offer as the most expeditious way for attaining those ends, and that we might clear ourselves before God and the world, that we have neglected no mean in our power, which may procure a speedy Peace, desiring much rather to come to a speedy agreement by a friendly conference, then with loss of time to reckon up our differences in writing, although (if the posture of affairs would have admitted of delay) we should have accounted it our advantage first to have presented to the Houses in writing the reasons for the difference of our judgement in the Points controverted. Concerning the Proposition for Religion; When we were ready to have debated with the honourable Committee upon the particulars communicated unto us by direction of the Houses upon that Proposition, their Lordships did acquaint us that they knew not whether it was the intention of the Houses to send to the King the Ordinances past both Houses, or to send any other particulars, and that the Houses themselves were to be consulted herein. And therefore that the Proposition concerning Religion (the settling whereof should be and is the chiefest of the desires of both Kingdoms, and for which principally they entered in solemn League and Covenant) may with as distinct knowledge and as full assurance of the particulars as is possible, be in Name of both Kingdoms demanded of the King, and with knowledge granted by His Majesty. And that according to the joint Declaration of both Kingdoms, Truth and Peace may be established upon a sure foundation for the present and future Generations; our earnest desire is, that a Committee may be appointed with whom we may join for considering such Articles of Reformation, and Uniformity of Church-government, as are already agreed upon by both Houses, that having joint consent, they may be fit matter for the Proposition of Religion to be sent to the King's Majesty, with such other matters of Church government, as we conceive may be concluded in a day or two, they being long since offered to the Houses, and wherein there can be little difficulty, and the one and the other may be form up in a Method for a Model of Uniformity in Church-government. Without this agreement in particulars of Church-government, as well as in the Directory of Worship and Confession of Faith, we are not answerable to our Covenant; our engagements and all our labours and sufferings are in vain; the very long consultations of the Divines of both Kingdoms are fruitless; the great expectation not only of the Church of England, but of all the Reformed Churches, is frustrated; we shall not know what to answer to the Church and Kingdom of Scotland, which will not be satisfied, nor secured in their Religion with Generals; nor can we find any ground to satisfy our own reason for sending a general Proposition of Religion to the King. And therefore we still desire the honourable Houses in their wisdom to expede us of this difficulty, That the Propositions may be with all speed brought to a comfortable and harmonious conclusion. April 6. 1646. FINIS.