PAPERS, DELIVERED IN BY THE COMMISSIONERS OF THE kingdom OF SCOTLAND AT LONDON, To the Honourable Houses of the PARLIAMENT OF ENGLAND: Containing 

1. Their Answer upon the whole Propositions of Peace.  
2. Containing Reasons touching the Militia.  
3. Containing the Citations of several passages out of the Declarations of the said Honourable Houses concerning the Militia, and uniformity in Religion.  
4. Containing Reasons why the Result of the Committee of both Kingdoms at Edinburgh 28 November 1643 is a treaty.    
Printed at EDINBURGH By Order of the COMMITTEE of ESTATES by Evan tiler His Majesties Printer. 1646.   

THE FIRST PAPER Delivered in to the Houses of Parliament by the Commissioners of SCOTLAND: Containing their Answer to the whole Propositions of Peace.  
HAving considered the Answer of the Honourable Houses assembled in Parliament, of the tenth of April, to our last Paper of the sixth of April: and having to our former paper of the sixteenth of March( expressing our consent to a great part of the Propositions of Peace, agreed upon by both Houses, together with our dissent in some Particulars, with the reasons thereof, unto which we desired satisfaction) received no other Answer, but that the Houses thought fit to adhere to their former resolutions; And again to desire our concurrence for the sending of them to the King. Wee have resolved by this our Reply, to give all possible satisfaction to the Honourable Houses of Parliament, for the happy ending of this unnatural and unhappy war, and that we may leave this kingdom in Peace, and our Armies, Garrisons, and ourselves may return in Peace and with Comfort to our Homes and Habitations.  
Wee do both of us profess an earnest desire of Peace, and for care of the speedy sending of Propositions to the King: And wee do believe, that the Parliament may be sufficiently persuaded of the sincerity of our Desires, if they may be pleased, either to remember for how long a time, how frequently, and how instantly wee have pressed this Point, and have not yet received all the Propositions which they desire to bee sent; Or to consider the sufferings of the kingdom of Scotland abroad and at home, since they first gave their assistance to this kingdom, from which they long to be delivered by an honourable and happy Peace; and might have been long since delivered, if it could have agreed with their Covenant, Treaties, and Declarations for the good of their Brethren: Or to call to mind how much wee have urged, that the former Propositions of Uxbridge agreed upon by both kingdoms, might be sent to His majesty, from our just apprehension of the difficulties which might arise from the new Propositions; And which we have represented in conference to a Committee of both Houses, with the reasons of our different judgements in some particulars, conceived by us to be very material, and important for the good of both Kingdoms.  
Wee have no delight to busy ourselves, or to be meddlers in matters impertinent for us, there be some things which properly concern the kingdom of England, their Rights, laws and Liberties, which wee desire no more to meddle with, then with the Rights, laws, and Liberties of other kingdoms, and according to our Covenant, will not only consent unto, but endeavour the preservation of them, as England by the like Obligation is bound to consent unto, and preserve ours. But there be other matters, which either 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 Kings majesty, to our own native Kingdom, and to our Brethren, Our common concernment and interest cannot be denied: Were this difference and diversity rightly apprehended, it might free both the Parliament and us from the obloquys and imputations of such undiscerning spirits, as notwithstanding our Covenant Treaties, and engagements, have no other thoughts of the concernments of the two kingdoms, then they had before they entred into this Union and Conjunction.  
Wee did not intend by our Paper of the sixth of April, that the resolutions of the Houses should be subjected to the Debates and Alterations of a Committee to be joined with us: Nor were we so far mistaken, as to conceive that both kingdoms are bound to a joint advice and judgement, in the preparing and moulding of each one of the Propositions: But because no Cessation, Pacification, or Agreement whatsoever for Peace, is to be made by either kingdom, without the mutual advice and consent of both, we conceive that one kingdom may not sand Propositions to the King, or finally determine upon Propositions to bee sent for Peace, without the advice as well as consent of the other: For we believe the Cessation, Pacification, and Agreement mentioned in the Treaty, doth not only consist in the last Formality, or Solemnity of Peace-making, but also, and chiefly in the material Propositions and Foundation, upon which the Peace is finally to be concluded; which once being proposed, and agreed unto by his majesty, there can be no more question of Pacification or Agreement, but ipso facto, a Peace doth necessary ensue: For as hath been clearly acknowledged in our late Letters to the King, the granting of the Propositions to bee sent is the effectual means to give satisfaction and security, especially if desired, and granted by way of Bill, which was unto us the final security in the year 1641. Also the Peace is to be settled between the kingdoms, as well as between them and his majesty: And in our letter of the the 13. of January to the King wee have both declared, That Propositions from both kingdoms were to bee sent to His majesty, and that this was the only way for attaining a happy and well grounded Peace. To this joint Advice and Consent in the Propositions to be sent, wee conceive both kingdoms are bound by Covenant, which runneth all along upon their joint Endeavours, for Union against all dividing and separating ways; especially for Union and Uniformity in the matter of Religion, as the chiefest, both Ground and Result of their other Conjunction. This joint Advice and Consent hath been the constant and continual practise of both Kingdoms, in all their Treaties, Demands, Answers, and Resolutions concerning Peace, ever since their mutual Engagement; and particularly in framing and sending the former Propositions, as the joint desires of both kingdoms, united by Covenant for the common safety of both. Against this just course, His Majesties Commissioners in the Treaty at Uxbridge, endeavoured to divide the desires of the kingdoms, which was then apprehended, resisted, and rejected by the Commissioners of Parliament, and by the Houses themselves, as a dangerous and destructive motion: Nor would the Parliament of England have been satisfied with the proceedings of the kingdom of Scotland, their Army, or Commissioners, if they had sent Propositions of Peace to the King for themselves: Only alleging for themselves, that although they had sent Propositions of Peace to His majesty, to obtain His grant thereof, yet they never intended to conclude the Peace without Consent of their Brethren. In this therefore we refer ourselves to the common Rule and Principle of Equity received amongst all men.  
Wee might heer have observed the difference between Pacification and Agreement whatsoever, betwixt Advice and Consent, and what these do import, in the 3. and 9. Articles of the same Treaty; and might have added many other reasons, upon which wee will not now insist, but do earnestly desire and expect, that the Honourable Houses in their wisdom, and from their Love of Peace, will find out ways for removing( in a Brotherly manner) the differences of Judgement about the Propositions to be sent, That our reason being satisfied, we may all agree as well in the means as in the end.  
Concerning the Preface, Title, and Conclusion of the Propositions, The matter of Fact doth not answer our desires, which are in Reference to Propositions to be sent from both kingdoms, and not in reference to any Act depending in the Houses of Parliament, the nature whereof is such as cannot provide for the security of both kingdoms, as was more fully expressed in our Paper of the fourteenth of August 1645: In answer whereunto the Houses of Parliament in their votes of the eighteen of that month, did resolve to sand Propositions and bills to His majesty, wee do therefore desire the Houses may agree to the sending of the Preface, Title, and Conclusion of the former Propositions, or at least, that they may be to that sense.  
As to the four lines in the front of the Propositions delivered unto us, It is true that the distance of the writing of them to the first Proposition, made us to conceive them to bee no part of that Proposition, but a Preface to the whole; nor could the matter of these lines led us to another interpretation thereof: But since they are intended by the Houses as an introduction to the first Proposition, wee do agree that there bee an introduction; only wee desire it may bee considered, that the words as they now stand, do hold forth, That both kingdoms were necessitated to undertake this war for their own defence; whereas the kingdom of Scotland did engage with their Brethren of England, and undertake this war for the ends expressed in the Covenant, before which the invasion of Scotland was only looked upon as a probable consequent, if the Malignant Party had prevailed in England: we do therefore offer these, or the like expressions, for an introduction to the first Proposition.  
Whereas both kingdoms now united by solemn League and Covenant, have been necessitated to undertake, and prosecute a just and lawful war: Or whereas both Houses of Parliament have been necessitated to undertake a war in their just and lawful Defence, and afterwards both kingdoms united by solemn League and Covenant, were engaged for the ends therein expressed to prosecute the same.  
The Introduction to the first Proposition being thus altered, and these words [ Parliament of that kingdom] added to these words [ The Convention of Estates] as is already consented unto by the Houses. Wee do agree to the first, second, third, and fourth Propositions. Concerning the fifth and sixth Propositions; As the matter of Religion, by reason of the necessity and incomparable excellency thereof, deserveth the first place, and before all other matters to bee considered; So hath it been always in all our undertakings the prime and chiefest of our intentions and desires, and in all our actions and sufferings our greatest Comfort and Encouragement; and which being established according to the Covenant, we are very confident to give and receive satisfaction in all other matters, and without which the Church and kingdom of Scotland, having been from the corruption of this fountain overwhelmed with a deluge of miseries, although they had all things beside, cannot bee satisfied, nor think themselves secured: And we confess, that it is to us, and to that Church and kingdom no small matter of sorrow, that after so solemn a Covenant, and so many Protestations and Declarations, the Reformation of Religion should so long stick, and bee so much obstructed in this kingdom, which wee hoped in the beginning, when both kingdoms entred in Covenant, should long before this time have been not only established here, but propagated also to other Nations, groaning under, or in danger of the yoke of Antichristian Tyranny; and which upon the appearing of the light, and the new dawnings of the day in this iceland, were beginning to lift up their heads, in expectation of their deliverance and comfort.  
Wee do therefore desire particularly and explicitly, to know the Articles of Reformation, and Uniformity of Church-government, contained under the general Propositions; all of them after much debate, being long since offered by the Assembly of Divines unto, and a great part of them resolved upon by, both Houses, which may also within a short time resolve upon the remnant. By this mean wee shall proceed the more distinctly and assuredly, and these Articles formed up in a model, may be considered and granted by the King with the clearer knowledge, which is very necessary, not only in other Propositions, which are framed as particularly as may be, but also and especially in the matter of Religion.  
This was the Course approved and observed at the Treaty at Uxbridge, where so much as was at that time prepared for settling Religion was presented. If wee should without the knowledge of particulars rest upon the general Proposition, Peace might bee settled without the setting of Religion, except in so far as by the Kings consent, the Power of Reformation is to be in the Houses, and Uniformity of Religion is placed in the Parliaments of both kingdoms, which doth not answer our Covenant, binding both kingdoms to the exercise of their Power, by their Endeavours, in the particulars therein specified. Nor will this general give satisfaction to any of the Reformed Churches, especially to the Church of Scotland: Nor will it be able to cure the present Distempers of Religion in the Church of England, which call for a present Reformation, nor secure them or us from altering of that which is already ordained, nor be any recompense of the many labours and sufferings, and the much expense of Treasure and blood in this Cause.  
Having perused the several Ordinances, Directions, and Votes of the Honourable Houses concerning Church-government delivered unto us, which wee conceive will be the matter of the Propositions of Religion, and in this sense only wee speak to them. Wee do agree to the direction for the present election of Elders, to the subordination of congregational, classical, provincial, and national Assemblies, and to the Direction concerning the members of which they are constitute, and the times of their meeting: Only wee desire, That no godly Minister bee excluded from being a Member of the classical Presbytery, nor any godly Minister having lawful Commission, from being a member of the provincial and national Assemblies, and there being the greater need of their presence and assistance in such Assemblies, that there be no Ruling Elders to join with, and assist them. And wee desire that a fixed time bee appointed for the ordinary meeting of the national Assembly, with Power to the Parliament to summon them when they please, and with Liberty to the Church to meet oftener, if there shall be necessary Cause; the ordinary meeting thereof being most necessary for preserving Truth and Unity in the whole Church. Against the Errors that may arise and multiply in the Church, and against the Divisions and Differences that may distracted the inferior Assemblies of the Church, and for receiving and determining appeals from provincial Assemblies, which otherwise will be infinite, and lie over without determination, and the exigence of Religion sometimes being such, that it will require an extraordinary meeting; Wee agree to the Rules and Direction concerning Supsension from the Sacrament of the Lords Supper, in cases of Ignorance and scandal: Only we desire that the congregational Elderships may have power to judge in cases of scandal not enumerated, with liberty to the Person grieved to appeal as in other Reformed Churches. This wee conceive to bee a Power no more arbitrary in this Church then in them who are limited by the rules expressed in Scripture, and do exercise this their power with such moderation, as is a Comfort, Help, and strengthening of Civil Authority. The appointing of provincial Commissioners, such as are appointed in the Ordinance, will minister Occasion to such Debates and Disputes in this and other Churches, as will bee very unpleasant to Parliaments and Civil Powers, will make a great disconformity betwixt this and other Churches, and a present Rent and Division in this Church is such a mixture in Church Government, as hath not been heard of in any Church before this time, may prove a foundation of a new Episcopacy, or of a High-Commission; and the Work may be better done by the Assemblies of Ministers and Ruling Elders, who have this in their ecclesiastical Charge, and will be no less tender of the Honour of the Parliament, by whose laws they live and are protected, and as able and willing to give just satisfaction to the People, whose Consciences and Conversation are best known unto them, as any other persons whatsoever. Concerning the Supsension of the Ministers themselves, although scandal in them deserveth double censure, yet wee conceive it to bee most agreeable, that they have their Censure from the classical, or other Superior Assemblies of the Church, where there bee Ministers to judge them. Wee do also agree to the Ordinance of Ordination of Ministers, only wee desire it may bee provided that it stand in force for all time to come: And therefore it may bee considered, whether the two last paragraphs of the Ordinance do not belong to the Ordination, which was extraordinary, and pro Tempore.  
There bee other matters contained in the Ordinances, of which some are touched by the Commissioners of the Church of Scotland in their late Remonstrance, March 26. given in to the Houses, such as the manner of Subordination of the Assemblies of the Church to the Parliament, so much subject to mistake the seeming exemption of some sorts of persons from the just censures of the Church, the ministering the Sacrament to some persons, against the Conscience of the ministry and Eldership: Concerning public Repentance, to be only before the Elderships and such like, which may bee taken into consideration, and with small labour and alteration bee determined, to the great satisfaction of many. As for the remnant, concerning the perpetual Officers of the Church, and their Offices, The Order and Power of Church Assemblies, The Order of public Repentance, and of proceeding to Excommunication and Absolution, wee desire they may bee agreed upon according to the Covenant, and Advice of the Divines of both Kingdoms, long since offered to both Houses: which being done, they may bee presently drawn in a Method, and formed up in a model of Church-government in three dayes, to the quieting the mindes of all the Godly, concerning the particular meaning of both kingdoms in the matter of Religion, to the great content of the reformed Churches, and which will both make us distinctly to know what wee demand, and sand to the King, and that He may know what He doth grant.  
Concerning the Clause for ratifying the Acts of the Convention of Estates and Parliament of Scotland, alleged to be set down in too general terms. The chief thing we desire in that Article, is, That the Convention of Estates and Parliament may be ratified, because the Authority of them hath been questioned by the King. And it may bee remembered, that wee did hearty join with the Houses, in denying to treat with His majesty, until he acknowledged this Parliament. As for the Acts of the Convention and Parliament, the most material of them are for levying Men and Money, for the assistance of this kingdom, and the kingdom of Ireland, and our own Defence at home against those Rebels that invaded us for our engaging in this Cause: of which Acts wee are willing to deliver in a List to the Houses.  
As concerning future Acts, although that was agreed to in the former Propositions, yet that all Scruples may be removed, wee shall add this restriction[ And to such other Acts for raising of Money, for payment of the public Debts and Damages of the kingdom and other public Uses, and for disposing of Delinquents Estates, as shall bee hereafter agreed on by the Estates of Parliament] Upon which Considerations we are confident the Houses will rest satisfied with the equity of our Desires concerning this Clause, which being added, we do agree to the 7, 8, 9, 10, 11, and 12 Propositions.  
As to the difference about the 13. Proposition, we hope we made it sufficiently appear to the Committee of both Houses, That the transactions at Edinburgh 28 November 1643 are a Treaty: It being evident from the credentiall Letters given to the Commissioners of both Houses, That they had full and ample power to Treat, agree, and conclude, Articles being mutually agreed upon, to satisfy the demands of a starved Army, and by their stay to preserve a Kingdom from ruin. These Articles being confirmed by the Houses, and the Votes of the Houses delivered, as their consent to that Treaty; And the Kingdom of Scotland desired thereupon to co-operate with them for the stay of that Army, great supplies of Moneys and Provisions being advanced upon that Agreement by the Kingdom of Scotland, and thanks returned to them for the same by the Houses: Also assurance given by their Letters, that they had ratified the several Treaties between the Kingdoms: In all which, we trust the Houses will receive satisfaction from the Reasons given at the Conference, and other grounds since discovered, which we have thought fit to set down in a Paper annexed: And if any further scruples or doubts shall arise, which have not been answered, we are so far persuaded of the truth and reality of that Treaty, as we are confident to clear and remove them upon a friendly debate.  
We have hitherto debated whether that agreement made at Edinburgh 28 November be a Treaty or not; But no considerations have yet been offered what Inconvenience there might be to the affairs of Ireland, by reason of any particular in that agreement, wherein as the kingdom of Scotland must be careful of the good and security of their Forces in Ireland, so will they be always tender of what may be for the good of the affairs of the Crown of England; and thereby manifest that they have no other ends before them, but the unanimous and effectual prosecution of that War, which shall be no sooner ended nor the Army satisfied and dismissed, but they will with all readiness and cheerfulness recall their Forces out of that Kingdom.  
As to the first part of the 14. Proposition, we desire it may stand as formerly, for the Reasons afore-mentioned: And as to the last part, we still desire that all the Articles concerning the settling of Religion in this Kingdom may be extended to Ireland, because we are bound by our Covenant to endeavour Reformation in the Church of Ireland, and to bring the Churches of God in the three Kingdoms to the nearest Conjunction and Uniformity in Religion; and because the name of Protestant Religion is so general, as many Sects and Heresies make claim unto it.  
The 15. Proposition we have not yet received.  
The 16. and 17. Propositions are agreed upon.  
As to the 18. Proposition, we desire that the Militia may be so firmly settled, as neither the King nor any other be able to disturb or infringe the Peace now to be agreed upon: And although it be our judgement, that the former Propositions are a more firm security for conserving the Peace, and a stronger Band of Unity betwixt the Kingdoms then the new, and are therefore desirous the Houses would be pleased to sand the former; which being granted by his majesty, we think the Militia perfectly secured, and that the War should not be continued by insisting upon the new Propositions: Yet lest our disagreement herein with the Houses, should be a hindrance to the sending of Propositions, That we may testify how desirous we are, so far as in us lies, to give the Houses satisfaction, And how much we value the speedy settling of the Peace of these kingdoms above our own interest; Provided that it be understood to be without prejudice to the right and interest of the Crown, which we understand to be conjoined with the respective Parliaments in the Militia of both Kingdoms, and not to be absolutely in the King himself, And that the King and his posterity be not totally excluded, and rendered incapable to concur with their Parliaments, for protecting of their Subjects, and opposing the enemies of the Kingdoms; And provided, that it be without prejudice to the several Treaties between the Kingdoms: We do consent that the power, exercise, and managing of the Militia in each Kingdom, be settled in the Parliaments of either Kingdoms respectively, for the space of such a time as shall be mutually agreed upon; And after expiration of that Term, That the Militia be settled and exercised, in such manner, and by such ways and means as shall be agreed upon by his majesty and the Parliaments of either Kingdom respectively, whereby the power of the Militia of England and Ireland, which by the former Propositions was in Commissioners of both Kingdoms, will be in the Houses of Parliament: The people will be secured from all apprehensions of danger, by reason of the late Troubles; And the King, who is one of the three Estates of the Kingdom, will not be for ever excluded from that just power and interest in the Militia by which he may concur with the Parliament in defence of the Kingdom. And the Propositions for the Militia being thus qualified, we do agree to the 18. Proposition, and the two first branches thereof. To the third branch of the Militia, for conjoining the Forces of both Kingdoms, We cannot agree; In regard as it is now conceived, it may import( as we declared at the conference) that after the Peace is settled one of the Kingdoms may sand Forces into the other, without the advice and consent of that Kingdom to which they are sent. And further, it is defective, in that there is no provision made therein for joining the Forces of the two Kingdoms in the Intervals of Parliament. We do therefore desire in stead thereof, in pursuance of the large Treaty, and according to the Votes of both Houses of the 26 of March, concerning the Conservation of the peace to be settled betwixt the Kingdoms, That Commissioners be nominated by both Houses of Parliament, of persons of known integrity, and such as both Kingdoms may confided in, for their faithfulness to Religion, and peace of the Kingdoms, who may have the power expressed in the large Treaty for that Peace, and who may meet as a joint Committee with the Conservers of the peace to be nominated and appointed by the Estates of the Parliament of Scotland, and have power to do as followeth.  
1. To preserve the Peace betwixt the Kingdoms and the King, and every one of them.  
2. To prevent the violation of the Articles of Peace, or any troubles arising in the Kingdoms by breach of the said Articles, And to hear and determine all differences that may occasion the same, according to the Treaties; And to do further, according as they shall respectively receive Instructions from the Estates of the Parliament of Scotland, and the Houses of the Parliament of England for the time, mutually to be agreed upon, and after expiration of that term, from his majesty and the Estates of the Parliament of Scotland, and the Houses of the Parliament of England respectively.  
3. To conjoin the Forces of both Kingdoms to resist all foreign Invasions, and suppress any Forces raised within any of the Kingdoms, to the disturbance of the public Peace of the Kingdoms or any of them, by any authority under the Great seal, or other Warrant whatsoever, without the consent of the Estates of the Parliament of Scotland, or their respective Commissioners in the Intervals of Parliament.  
And for the full security of these Kingdoms, as well from foreign Troubles as intestine Insurrections; We desire, according to the Proposition formerly agreed upon between the Kingdoms, The making and concluding of Peace or War, The making of a Truce or Cessation, or any Treaties for the same with foreign Princes and States, May be with the advice and consent of the Parliaments of both Kingdoms of Scotland and England, or in the Intervals of Parliament, the Commissioners for Conservation of the peace, and not otherwise. This is ordinary, and universally observed in all mutual Leagues that are both offensive and defensive, though there be not a Covenant between them, which is the strictest tie of all others. It is also most necessary for the Peace of these Kingdoms, because War made or denounced by any one of the Kingdoms against a foreign Nation, doth make both Nations by reason of their union under one Head and sovereign, to be liable to the Inconveniences of the War both by Sea and Land; and therefore it ought to be done by the advice and consent of both: Or the Kingdom making or denouncing War to a foreign Nation, without the consent of the other, would be obliged to keep the other free from damage, and refound what loss the other shall sustain thereby. And whereas both Houses have been pleased to alter the ways and means agreed upon between the Kingdoms in the former 17 Proposition, concerning the communication of their Councells: And whereas their Lordships have offered in their Answer to our Paper of the 6 of April to give their consent, that such Propositions should be presented to the King as we conceived to be for the good and security of the Kingdom of Scotland, In regard of the great advantage which a Kingdom enjoyeth by the royal presence and ordinary Residence of their sovereign with them; And the great loss and prejudice which the other Kingdom doth sustain through their absence, by their not understanding the disposition of their people or condition of their affairs, but from the Informations of others entrusted by the Kingdom; besides many other prejudices, better felt by the Kingdom of Scotland, then can by us be here expressed.  
Wee do therefore earnestly desire the consent of the Honourable Houses, for sending to His majesty a Proposition, That the King and the Prince, and after them their Heires and Successors, shall at least one year of three reside in Scotland, where they may personally discharge that duty they owe to the Subjects of that kingdom, where Conscience cannot allow them to bee always non-residents, nor the welfare of the kingdom dispense with their constant absence.  
Upon the like causes and grounds, Wee desite the Honourable Houses to concur with us in a desire to His majesty, That in all places of Trust, and Offices about the King, queen, and Prince, and rest of his royal Children, The equal half, or at least the third part, may be of the Scottish Nation, lest by time they become strangers, each unto other, which must needs produce inconveniencies: And this we trust will not bee interpnted as the casting in of any Let or hindrance to retard the Propositions; Sith the Honourable Houses have given us so good Hopes of their Consent, without debate, to such Propositions as we conceive to bee conducible for the good and security of the kingdom of Scotland.  
Concerning the 19. Proposition: Seeing by Gods providence both Nations are in one iceland, speak One and the same Language, profess One and the same Religion, are united under the same Head and Monarch, and are now more firmly joined by their late solemn League and Covenant: and it being already agreed upon between the Honourable Houses and us in this Proposition, That His Majesties assent shal be desired to what the two kingdoms shall agree upon, in prosecution of the Articles of the large Treaty which are not finished. We do earnestly desire the Honourable Houses to agree unto these Articles, so far as shall bee insisted upon by the kingdom of Scotland, which will be a Testimony of the Affection and Brotherly kindness of this kingdom to their Brethren, who did so cheerfully and seasonablely come in for their help and assistance.  
The 20 and 21. Propositions are agreed upon.  
As for the four omitted Propositions which concern the joint interest of both kingdoms, Wee desire they may bee sent with the other Propositions to His majesty for His consent, These being of greater concernment to the kingdoms, then other Propositions which are desired to be sent at this time; Some of them are so necessary as a peace cannot be settled without them; As in particular, the disbanding of Armies, without which the Kingdom of Scotland cannot have peace, there being still a body of Rebells by Commission from His Majesty in the Mountaines of Scotland which do infest the kingdom, The Act of oblivion also is the very Bond of Peace.  
Having this expressed our sense upon the whole Propositions, both in our condiscension and consent, and in our discent and difference, which hath not proceeded from our presuming to be Judges of what may properly belong to the good of the kingdom of England, but we conceive is grounded upon, and warranted by the Covenant, Treaties, & Declarations of both Kingdoms, as will appear by the annexed Papers: We desire that such of the Propositions as the kingdom of Scotland is concerned in, may be so framed, as that we may give our full consent to the sending of them: Or otherwise, as we did formerly offer for ourselves, We desire to hear from the Houses such overtures and expedients, as may determine our differences, and stand with our Covenant, Treaties, and Declarations: If this our Desire be accepted, as our Hope is, the Propositions may bee speedily sent; Otherwise it is apparent, the stop is not in us; And we shall wish it may be seriously laid to heart, what a lamentable close it will bee of a successful war, wherein both Kingdoms have been deeply engaged by so Sacred and solemn a Covenant; Either to make no peace, or to make a divided peace without establishing of Religion, which is that which was principally intended, and promiseth the greatest blessing from the God of truth and Peace, the Author of our union, and great Master of this his own work, wherein his Hand hath been manifestly seen until this day.   

THE SECOND PAPER, Delivered in to the Houses of Parliament by the Commissioners of SCOTLAND: Containing Reasons touching the MILITIA.  
COncerning the Militia, wee do with all willingness and alacrity agree, that it bee settled, as may bee most for the security of both kingdoms, that the King, nor no other be ever able to disturb nor infringe the Peace, nor involve us in a new War: But wee conceive the former Propositions concerning the Militia should stand, and bee sent to the King, rather then the new, as they are now altered: And there be two principal Grounds which move us to be of this judgement; One is, That the settling of the Militia according to the former Propositions, is a great deal better for the Security, Safety, and Unity of both kingdoms, for the which wee gave many Reasons in our Debates and Answers to several Objections, which heer wee need not to repeat, seeing out of our earnest desire of Peace, we are willing to satisfy the Houses in that point. The other is, from what may bee justly objected by His majesty against it; for which we do offer to your Lordships consideration some few reasons of many that might bee given, hoping no man will take any exception, nor mistake us for what wee propound for the Right and Interest of the Crown, and of the kingdoms in the Crown upon this Subject: For 1. Wee may without Vanity aver, That as the kingdom of Scotland did not flatter His majesty, when he was in the height of His Power; so now when the King is at His lowest ebb, they will make Conscience not to take away what they conceive to bee that just royal Power and Authority, which both Nations by their allegiance and Covenant aclowledge to bee in the Crown, for the Defence and Preservation of the true Religion, and Liberties of the kingdoms, and which they are obliged therein to maintain. 2. That our Debates are only from these grounds, and for no other end, and that wee do not speak of extraordinary cases, and extreme dangers of the kingdom, when ordinary remedies are refused, Ubi salus Populi Lex suprema, as in the time and case of this war, wherein a Parliament should provide for the safety of the kingdom. Neither do wee speak to deny any present means of full security of these kingdoms, from new and after-blasts of this late storm, which wee all grant, and are most ready by all lawful and possible ways to secure: But we speak of the ordinary and constant Government of the kingdom and Militia thereof, after a settled and solid Peace. 3. That wee neither did, nor intend to debate for the Power of the Militia to bee in the Crown alone, as the Kings Declarations and Commissioners at Uxbridge did contend, and which hath been one of the causes of all these unhappy Troubles; but that it may bee jointly in the Kings majesty, and the two Houses of the Parliament, who make up the three Estates of the kingdom, and who are entrusted with the supreme Power and Government thereof, as the Parliaments Declarations from time to time, and their Commissioners at Uxbridge did contest; and from whom jointly no danger or trouble can be feared, or apprehended by, or to the Kingdom, especially seeing we concur to the suspending the execution and exercise of that power in the King, for such a definite time as shall be agreed upon.  
Having thus prefaced and stated the Question, which wee desire to be remembered throughout all the Debate, albeit we do not repeat it in every place, wee conceive for the reasons in our former Paper, and these other after following, That the King, His Posterity, and the Crown, should not for all time coming be divested of all Power, Right, and Interest in the matter of the Militia, so as( although they were never so willing to follow the advice of their Parliaments, yet) they shall for ever bee made incapable, and in no time coming bee admitted to join with their Parliaments, for resisting their Enemies, and the Enemies of the kingdom, and protecting their Subjects.  
That by the fundamental laws, and constant Practise of the most legal and best regulated kingdoms, and by the laws and Practise of these kingdoms declared to the world by the Honourable Houses, the power of war and the Militia, is placed in the King and Parliaments, and is so acknowledged by all that writ upon this Subject for Parliaments, which is directly contrary to this new Proposition, by which the whole power of the Militia is solely placed in the Houses of Parliament, and the Crown excluded for ever.  
That in the Petitions, Messages, and Declarations sent to the King, emitted to the Kingdom, and to all the World, we have professed that no more was sought concerning the Militia, but that it might be entrusted to such Persons, as the Parliament should nominate or approve, & might confided in, for their affection and fidelity to Religion and the kingdom, without diminution of the Kings Authority or just ●ower; And that His Majesties granting Commission to su●● Persons, was a sufficient Security for the Safety of His Person, Honour, crown, and Authority. And for preventing all jealousies betwixt Him and His People, and preventing all fears and Dangers of the kingdoms, and the mischievous designs of their Enemies. And for better remembrance, wee shall offer herewith in the annexed Paper, some particulars set down in their former Declarations, whereof the most part were sent to Scotland to inform them of the quarrel, and engage them therein, and their intentious and professions, to preserve and defend the Kings Person and Authority, in the preservation and defence of the true Religion and Liberties of the kingdoms( That the world may bear witness with our Consciences of our Loyalty, and that wee have no thoughts or intentions to diminish His Majesties just Power and greatness) was used as a special Argument, to persuade Scotland to join with England in this war; And is a part of the third Article of our Covenant, by which wee are likewise bound in the same Article, mutually to preserve the Rights and privileges of the Parliament; and wee do conceive, that what God, the fundamental laws and practices of the Kingdom, and our Covenant have conjoined, should not be divided. And now to exclude the King and His Posterity for ever( as may be evidently collected from the Treaty at Uxbridge) will be understood to bee an alteration of the fundamental Government, contrary to the former Resolutions and Declarations of both kingdoms, and not agreeable to our Covenant.  
The settling of the Militia according to the new Proposition, may disable the Crown from ever performing that duty, which all Kings by their royal Office, and Oath of Coronation are obliged to perform, and their Subjects by their oath of allegiance bound to assist, for the Protection of their Subjects and the Laws, and opposing their enemies, and keeping friendship and correspondance with their allies.  
That the two kingdoms being by Gods providence happily now United, and conjoined in the crown by loyal Subjection and allegiance to one sovereign and Head, as is expressed in the large Treaty 1641. And this Union by our Protestation, our Oath of Parliament, the fifth Article of the Covenant, being to be maintained and perpetuated to Posterity, we desire not by our consent to loose so strong a link of that Golden chain between the Kingdoms, Especially seeing this in one age or other may bee used by a secluded crown, as a mean and a motive to engage in trouble these Nations now separated in their Militia, which we are bound to foresee and prevent; Yea, even in any one of the Kingdoms, The Kings Posterity reflecting on the power of their Predecessors, may bee soon incited to endeavour by new Stirs to regain it, whereas the power remaining in them with the advice of their Parliaments, may preserve the kingdoms in peace, quo equiorem eo firmiorem Pacem, we may expect to us and our Posterity after us.  
In our Paper of the 20 of February at Uxbridge, the power of the war in Ireland is acknowledged to bee in the Crown radically, and the execution of it by a power derived from it, exercised by others: And hath not the Crown the like power concerning war in England as in Ireland? Yea, this is also acknowledged in the Paper of the 22. of February at Uxbridge, concerning the Militia of England and Scotland; and that it is no otherwise to bee exercised then by Authority from His majesty and both Houses of the Parliament of England, and the Estates of the Parliament of Scotland respectively. Whosoever will red that Paper, and withall remember the Kings Declarations, albeit he were vanquished and made Prisoner, to quit His Life and Estate both, before he thus uncrowned the Crown, and deposed His Posterity, as pag. 313, 314, 316, 320, 321, 380. and in many other places He doth profess, may easily judge if this bee the fittest way for a speedy and durable Peace, which with Truth is the Sum of all our Desires.  
To our former reasons, The Committee of both Houses did give the subsequent Answers and Arguments, for their adhering to the new Proposition concerning the Militia, which wee set down according to our best remembrance, but in case of any forgetfulness or mistake, shall be most ready to rectify and satisfy the same.  
A. That the safety and security of England depends upon the settling of the Militia, and therefore next to Religion, is that which they have most reason to stick upon, and crave satisfaction in it, that which the Houses upon so mature deliberation have thought fit for themselves, and the security of this kingdom, ought not to be contradicted by us; and that it seems very hard, that another kingdom should dignosce that for which this Kingdom hath smarted, and been at so much expense, and to desire that the Power should be put into that Hand which hath wounded them, and from whom they have sustained so great misery.  
R. To which it was and is replied, Wee do aclowledge that a firm Peace is next to Truth to be preferred to all other things: And our most earnest Desire is, that it may bee speedily obtained, but a just and equal Peace is the best and most durable. The former Propositions were upon long and mature deliberation of both Kingdoms agreed unto; and seeing Scotland hath suffered( according to their measure and proportion) no less then England, and hath engaged for them and with them in the danger, and are subject to the like for the future, wee have the same interest in the remedy, and cannot bee thought to wrong England, when wee are as tender of them as of ourselves, for both Nations have been wounded with the same Hand, and should therefore have the same cure. It is very far from our thoughts to desire that the Power of the Militia may be in the Kings Hand alone who hath wounded us, but that it may bee in the King and Parliament jointly, and that the exercise and managing of it bee only by the advice of the Parliaments: And as these hands jointly did never wound, so they cannot but secure the Peace of the kingdom, and was all that ever of before was craved by themselves for their perfect security. Likeas, it seems to conduce most for the securing the Peace between the kingdoms, that the Militia of either bee in the King and Parliament jointly, because then they both must be engaged before there be any trouble between the Nations, whereas otherwise the one might do it.  
A. That they have not disputed such tender Points with us, although we have done as much in Scotland, and that they know their own Laws best, and that none should judge of them, or can interpret them but themselves.  
R. Wee aclowledge that the Points which are in Debate are very tender, and do wish that the Differences between the King and His Kingdoms had never come to such a height, as to bring so tender points in dispute; and the more tender they are, we desire they may be the more tenderly handled, that wee never knew of any such thing done in Scotland, and that we were most tender of the Kings Power and Authority in the time of our greatest Differences, and are most willing to concur in all ways for the security of this kingdom, which we crave for the security of Scotland: That we know and aclowledge the Independency of the kingdoms, except upon God and their sovereign, as is more fully expressed in the entry of the large Treaty, and that wee do not take upon us to judge of, or interpret their Laws, but may without any offence or presumption remember them of what they have declared to us, to be according to their fundamental laws, and original Constitution of the Government of this Kingdom, and wherein the interest of both Kingdoms for Religion and the King( upon the grounds of our Covenant, and Declarations to the King and kingdom, and to all the World) is common, we ought to be satisfied in our Judgements and Consciences, in what wee are to consent unto, especially that nothing be contrary unto our common engagements and Declarations.  
A. That their Declarations were framed, published, and made use of, as their affairs stood then: But after so much bloodshed by the King, and so much expense of this kingdom, they may alter these Declarations now.  
R. Their former Declarations being made during the same war, cannot bee so easily altered, in respect of the Subjectand Nature of them, many of them being promis●ory and declaratory to all the World, and not without deep attestations of the Name of God, and some of them particulary to the kingdom of Scotland, that they would never seek nor take that or the like power from the Crown, and that no trouble or success should ever change their resolutions, which was a chief motive and argument of Scotlands engaging with them in the war.  
A. That in the new Proposition for the Militia there is freedom and Power to join such forces of both kingdoms, as either kingdom shall think fit, which doth secure both against foreign invasion or intestine war, and if there bee any inconvenience in the form, as it is conceived in the Proposition, it may be remedied.  
R. That clause of sending such Forces as the Houses of Parliament shall think fit to join with the Forces of Scotland, as it is expressed in the Proposition, is a prejudice rather then advantage to either Kingdom, importing a power to sand Forces unto the other, without their own desire or consent: And the mending of the form of it will not be so good a security, either to keep the Kingdoms joined, or prevent War, as the former Propositions was.  
A. That the King will have interest and power with Commissioners, and may tempt them more easily then he can do the Houses of Parliament, Commissioners cannot be so limited, but they will be easily tempted, if Monarchy be kept at such a height, as we propose.  
R. Though the King may have power with Commissioners, yet there is a remedy provided in the Proposition, that the Commissioners shall be comptable to the Houses, and alterable whensoever they please. And although the power which was formerly in the Commissioners were put in the Houses, Yet it should be so done, as not to take away the whole power from the Crown, and the remedy in the Intervals; And may be without dividing the two Kingdoms in the conjunction of their councils and Forces: And the King and Crown so secluded, will have more power to engage Kingdoms so divided in a War, then if the former Proposition shall stand. We desire not Monarchy to be at a height of absolute sovereignty, nor of an Arbitrary and Tyrannicall 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, by the advice of their Parliaments, to protect their Subjects and oppose their Enemies, accordingly as is settled by the fundamental Laws and ancient Constitution of this Kingdom, Declared to all the world by the honourable Houses.  
A. That the putting the power of the Militia in the Houses doth not wrong the King more, or disagree from our Covenant, then to have it put in Commissioners; And seeing we did assent that by the former Propositions the Militia should be put in Commissioners, Why do we now disassent to have the same put in the Houses.  
R. 1. That Proposition was then conceived with a conjunction of the Kingdoms; This, by separating them, leaves them more open to temptations from a secluded Crown. 2. The right and power of disposing the Militia, being controverted between the King and the Houses, the putting of the exercise and managing thereof in Commissioners, who were to have their Commission and power from the King and Parliament, was a clear acknowledgement( as is confessed by your Paper of the 22 of February at Uxbridge) and a legal establishment( as it is called by the Parliament in their Declaration pag. 710) that the right and power of the Militia was in the King and Parliament jointly, and the Commissioners were as a third confident Person entrusted by both; and that course had been at most, but a suspending the exercise and execution of that power for a time necessary for our security: But if upon contestation of right, the King shall aclowledge the whole power of the Militia to be onely in the two Houses of Parliament, or renounce his right unto them, the crown will be excluded for ever. And it was professed in the Debate, to be intended to take the right, power, and interest itself from the Crown, until the Parliament shall be pleased to restore it, upon experience of the carriage of the Crown, which certainly never had any miscarriage, whatsoever may be the fault of any Person entrusted therewith for his time, but it is the Original and fundamental security of the Kingdom.  
A. There was no time limited in the former Propositions, which did limit the endurance of the Militia, And therefore there ought to be no limitation of time in the new Proposition, since there was none in the former: and the one is no more against the Covenant then the other.  
R. The former was sent as a Proposition to be Treated upon by Commissioners on both sides, and the time in the former Proposition was indefinite, and so was not terminate to any time, long or short: And upon debate at the Treaty at Uxbridge( after consultation with the Houses) the time was limited to seven yeers: But by the new Proposition( whereunto a positive answer is desired to be craved without any Treaty, yea mention made of incorporating it with the rest in one Bill) the continuance of the Militia in the Houses is made perpetual; and so not onely exclusive of the present exercise, but of the perpetual right of the crown. This distinction between the Right and the Exercise, the Power and the Execution of it, the abolition of the one, and suspension of the other, is set down in your first Remonstrance pag. 17. admitted by the King 249. and renewed by your Commissioners at Uxbridge, pag. 120.  
A. That although the time for the continuance of the Militia in the Proposition be perpetual, yet the Parliament can limit the time when they please, and may give the King enlargement of power: That the prefixing a time to the Militia will give occasion to prepare plots of trouble against that time.  
R. What they may do, may not be done: But it is our present duty and obligation, not to take away and diminish his just power and authority. After the expiring of the prefixed time, the power of the Militia is not to be ordered, but as the King with consent of the Houses of Parliament, shall think fit; nor can he dispose of it any way without consent of the Houses, which we desire may still be so, but would not have the crown totally excluded from the Militia, and rendered incapable for ever to join in the disposing of it with the Houses of Parliament, Especially seeing the perpetual exclusion of of the crown from the Militia, is not necessary for, but prejudicial to, our security, because the residence of the Supreme power( both for making and protecting of Laws) in the crown and Parliament, hath ever been the original, fundamental, and the perpetual security of the Kingdoms: and neither the one nor the other can be taken away totally and finally, without a total and final change of the Government itself.  
A. That for the right and just interest of the Crown, none will be more tender then the English, but that the King hath no right but for the good of the Kingdom, And since they conceive, that it is better to have the Militia in the Houses, the King can have no right to it. Although the power of the Militia had been in the King, yet when that power is abused, it may and should be suspended, and may be restored when the Parliament shall think fit.  
R. The King and kingdom are relata, And as the good of the kingdom is the good of the King, so is the good of the King, the good of the kingdom. And because both the Kings Authority, and the privileges of the Parliament are for the good of the kingdom( which cannot have the Being or foreseeing of a kingdom without the crown, nor a crown without the Sword and sceptre) therefore have we Promised, Protested, and sworn, to maintain, Preserve, and Defend both the one and the other, which is another thing then to obey mutable laws, whereof there is not one word in our Protestations and Covenants for that very same cause of their mutability. And we do not desire, that the right of the Militia be onely in the King; But that it may remain in the King and Parliament, according to the fundamental laws and practise of the kingdom, And that it bee managed and exercised in such a way as may be best for the security of both. Although the execution and exercise of the power in any Person, may be suspended for a time when it is abused, and the limitation of it is necessary for the security of the kingdom, yet the right cannot bee totally taken away, and the crown deprived of it for ever.  
A. Judgement of Courts is without the King, and yet the King is not wronged, that although the King be not personally in His Parliament, yet he is virtually.  
R. Judgement of Courts and their Power is derived from King and Parliament, and there is not so much of Power granted to bee in the King, in the point of the Militia, and the judgement of Courts is but of particular cases between Person and Person, but the Power of the Militia is a general and universal Power, for the safety of King and kingdom; and therefore the Power of it is both in King and Parliament, to protect as well as to make Laws. After the enacting of the Proposition, he can bee no more esteemed to bee virtually nor actually there, concerning that whereabout he is declared to have no virtue nor power, but divested of all right and interest, as heer in the matter of the Militia.  
A. The King contends that no Law in Scotland is valide without the touch of the sceptre, yet we are not pleading for the Kings right therein.  
R. There is no such Law, far less a fundamental Law in Scotland, and least of all any Declaration of the Parliament of that kingdom for it, upon a contest between the King and them, as all these are in this case now in Debate of the Kings Right of the Militia, declared to be as essential to His Crown, as the other is but a Ceremony, and that not usual, nor in debate.  
A. That Returns should not bee made against England upon their former Declarations, as if they were Obligations, whereas they were alterable at pleasure, that Arguments were urged with as great instance, as at Uxbridge for the Crown.  
R. Our Preface and State of the Question answers the last part abundantly and cleareth, that we are now debating for that, which all the Declarations of the Parliament, & their commissioners at Uxbridge did pled for, to wit, That the Militia be jointly in the Crown and the Parliament, and we still oppose that which we opposed at Uxbridge, the power of the Militia to be in the King alone: And what we speak for the Crown, is out of Conscience of our Covenant with God, and public Declarations to the World, for the good of both Kingdoms, and from no other Motive, nor for any other End; And so we should bee as zealous and tender as any, who may do the same thing or the contrary, from other principles and for other ends. But in Answer to the first Part, That we do not take upon us to judge of your Laws, but of the Declarations made to the World, and made to us in a special manner, that we might judge of them, believe them, and engage in the war accordingly, which we having done, and suffered so much thereby, cannot in reason admit them to bee so alterable at pleasure, because that the Houses therein  told us, they would live and die in that quarrel, that they declared the same to other Nations, that they conjured all who had Christianity or Charity to believe them, that many times they attested the Name of God to the truth of their expressions, and sincerity of those their intentions, That they declared this was the greatest Obligation, That a Christian, and most solemn public faith, that a State or Parliament could give; That no Christian or Brother could misbeleeve a Parliament, so declaring, so protesting, and so swearing; That no trouble or success should change their resolutions; That they made these Declarations to deceive none, but to undeceive all men, lest they should be deceived by the contrary aspersions. And as the Honourable Houses do expect, that their Declarations for the future shall bee embraced, trusted, and restend upon; so wee doubt not they will tender the Authority, and Credit of their former Declarations, which if they should bee violated( as God forbid, and wee trust will bee far from their thoughts) the Houses in their wisdom will foresee what influence and reflection this might have upon their present and following Declarations, the former being of as great Authority, and confirmed with as high Asseverations as any of the future are like to bee; So that wee cannot believe that ever the wisdom, Piety, Loyalty, Integrity, faithfulness, and Constancy of the Houourable Houses, will ever suffer them to comply, or join issue with any such Principles, or Intentions of any Parties or Persons( whatsoever they be) as tend to the introducing of an Arbitrary Alterability of so real Dueties, founded upon so firm foundations, in relation to God, this Church and State, and Union of the kingdoms, and of so solemn Declarations, backed with such Attestations and Oaths, upon any motives or changes whatsoever, which are no good Interpreters of former Covenants and Declarations: All which Reasons, Answers, and replies, with the annexed Papers of some particular Citations, out of the exact Collection of the Declarations of the Honourable Houses, wee offer unto their serious Consideration.   

THE THIRD PAPER, Delivered in to the Houses of Parliament by the Commissioners of SCOTLAND: Containing the Citations of several Passages out of the several Declarations of the Houses, concerning the MILITIA, and Uniformity in Religion.  
COncerning the Militia, we desire the following Passages to be considered, as they are cited out of the Declarations made by the Honourable Houses, and published to the World, in the exact Collection of Remonstrances, &c. by Order of the House of Commons; wherein our Intention is only to show the grounds of our Scruples, the reasons of our former Debates, and the motives of our Confidence, that the Honourable Houses will rest satisfied with what wee have now offered; and wee desire that no other Inference or Construction bee put upon our Papers and Citations, especially sith wee are most ready and willing upon Information, to rectify any mistake, explain our meaning, and so far as is in our Power to prevent misunderstandings.  
Pag. 59. Pag. 65. Pag. 80. Containeth three Petitions of the Honourable Houses to the King, to put the Forces and the Militia of the kingdom into the hands of such Persons as the Parliament might confided in, and as should bee recommended to His majesty by both Houses: And pag. 73. containeth the Names of the Persons recommended by the Houses to His majesty. The same, and no more was craved from His Majesty, in the Treaty at Oxford, 1643.  
Pag. 89.( in regard His majesty did not grant their Petitions) Containeth the Ordinance of both Houses, for ordering the Militia, giving power to such and such to suppress all Rebellions, Insurrections, and Invasions, according as they shall receive Directions by His Majesties Authority, signified by both Houses of Parliament unto them, &c.  
Pag. 93. pag. 95. pag. 96. pag. 100. Especially pag. 112. pag. 172. and 173. containeth the justification of that Ordinance, as obliging the Lieges by the fundamental Laws of the kingdom, in the case of extreme danger found by the Parliament, and His Majesties refusal to consent to the remedy thereof; and in all these votes this is made an extraordinary case, distinct from the ordinary Government, which is further cleared by the resolution of the Question, how to understand the Laws concerning the Militia, published pag. 150.  
Pag. 126. and pag. 158, and 159. The Kings Majesty complaineth, that He could not in Honour nor Justice consent unto it, because they thereby exclude Him from any Power or Authority in the disposition and execution of the Militia together with them, and that for a time utterly unlimited. It is answered by the Honourable Houses( beside the limitation of the time to two or three years) pag. 206. that there is nothing in the body of the Ordinance that excludes His royal Authority, in the disposing or execution of it; but only it is provided, that it should be signified by both Houses of Parliament, as that Channel through which it will be best derived, and most certainly to those ends for which it is intended; and let all the World judge whether they have not reason to insist upon it, that the strength of the kingdom should rather be ordered, according to the direction or advice of the Great counsel of the Land, equally entrusted by the King and by the kingdom, then that the safety of the King, Parliament and kingdom should be left at the devotion of a few unknown counsellors, many of them not entrusted at all by the King in any public way, nor at all confided in by the Kingdom.  
And pag. 701. But a trust cannot bee recalled or destroyed at pleasure. Wee say so too; and that wee have neither destroyed nor invaded that of His Majesties, because we directed it in the right way, and to the right ends.  
Pag. 155. and 167. and pag. 437. the Kings majesty urgeth, and presseth the Statute, Anno 11. Hen. 7. cap. 1. That the Subjects by the duty( or Oath) of allegiance are bound to serve the Prince in His wars, for the defence of Him and the Land, against every Rebellion, Power, and Might reared against Him: And Statute 11. Hen. 7. cap. 18. That every Subject by the duty of allegiance, is bound to assist the King at all seasons, when need shall require, and several other laws there cited. The Parliament in their Answers, pag. 280 and 725. and 729. granteth it to be duty of allegiance to serve the King in wars, for the defence of Him and of the Land, but not in wars against the Land, or the Parliament, the representative body thereof.  
Pag. 268. In the Kings Oath of Coronation, He promiseth justas Leges, ac Consuetudines per Eum esse protegendas: And pag. 290. he argueth, Can it be imagined that He should be bound by Oath to pass such laws( and such a Law is the Bill they brought to us of the Militia) as should put the Power wherewith he is trusted, out of Himself, in the hands of other men, and divest and disable Him of all possible Power to perform the great business of the Oath, which is to protect them: If we give away all our Power, or if it bee taken from us, we can not protect any man; And what discharge would it be for us, either before God or man( when our good Subjects, whom God and the Law hath committed to our charge, shall bee worryed and spoiled) to say that we trusted others to protect them, that is, To do that duty for us, which is essentially and inseparably our own.  
Whereunto the Parliament answereth, pag. 710. For that Argument taken from the matter of His Oath, that it cannot bee meant that the King should be thereby obliged to divest Himself of a Power to protect His Subjects, which is the great business of that Oath: If He 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 and Justice, yet such a supposition as this could not fall upon a Parliament, as if they could desire such a thing, much less that a King were obliged for to grant it: But how unproperly this is applied to our Bill concerning the Militia, wee leave it to every man for to judge, when they shall consider how necessary, how just, and how reasonable that Bill was, and how much they mistake the way and the manner wherein His majesty is to protect His Subjects, that have advised Him to deny that Bill, and to set up a Commission of Array, so destructive to Liberty, and to the propriety of the Subject, was it not necessary that the kingdom should be put unto a posture of Defence: On all hands it is agreed, the People petitioned for it, the Parliament maketh it a ground of their Ordinance; The King maketh it a ground of His Commissions, all the Question is concerning the way, and wee shall make it good; That the main Point wherein His majesty differed from us in the Bill concerning the Militia, was this, That wee desired the Power of the Militia should bee put into the hands of Persons approved by His majesty, and both Houses, to be answerable to the Law for discharge of their dueties; and His majesty would not admit of it, unless He might bee Judge, both of the time when, the cause why, and the manner how, that Power should bee exercised, and that in His own Person out of His Courts, for in them he might have called them to an account for not doing, or doing what they should have done or not have done: and if it is by the Law, and by the Courts of Justice, judging of the Law, and by the Militia, to maintain the proceedings in them according to Law, that His majesty is to protect His Subjects: Our Bill for the Militia was so far from divesting Him of that Power, that it did give Him a Power( which He had not legally before) to command the whole Militia of the Kingdom in an orderly and effectual way; and all these to whom it was committed to obey and assist Him, in the Protection of all His good Subjects, in their Persons and Estates, according to Law: And pag. 715. as concerning making of laws, so of the commanding of the Militia. The Parliament argueth, To what end a trust in the King, and His Oath to perform this trust, if it might bee done otherwise? But yet that in discharge thereof, the King ought to attribute much to the judgement of His Parliament: It were strange then for ever to servile the Crown from doing that( by the advice of Parliament) which falleth within the Oath of Coronation, and the Obedience whereunto falleth within the Oath of allegiance.  
Pag. 301. renewed in 368, 369, 370, &c. The King urgeth several Statutes, especially the seventh year of King Edward the first. The Parliament affirmeth, That to the King it belongeth, and His Part it is by His royal Seigneory straightly to defend wearing of arms, and all other forces against the Peace, at all times when it shall please Him, and to punish him that shall do contrary, according to the laws and Usages of the Realm; And hereunto all Subjects are bound to aid the King as their sovereign Lord, at all occasions when need shall bee. The Parliament answereth hereunto as followeth, pag. 303. and 304. That neither the Statute 7. Edward 1. therein vouchsafe, nor any other Law in this kingdom doth restrain or make voided the Ordinance agreed upon by both Houses of Parliament, for the ordering and disposing the Militia of the kingdom, in this time of extreme and imminent danger, nor expose His Majesties Subjects to any punishment for obeying the same, notwithstanding that His majesty hath refused to give His Consent to that Ordinance, but ought to bee obeied by the fundamental laws of this kingdom, &c. For that the Question is not whether it belong to the King or not to restrain such force; but if the King shall refuse to discharge that duty and Trust, whether there is not a Power in the two Houses to provide for the safety of the Parliament, and Peace of the Kingdom, which is the end for which the Ordinance concerning the Militia was made; and being agreeable to the scope and purpose of the Law, cannot in reason be adjudged to be contrary to it: For although the Law do confirm it to bee in the King,( and pag. 727. the Law hath placed in His Person the power to protect all other persons, and pag. 908. they promise to Him Subjection, as the correlate of His Protection of them, which the Houses craves from Him) and the Declaration of the Parliament upon the Treaty at Oxford, 1643 acknowledgeth the same; yet it doth not exclude those in whom the Law hath placed a Power for that purpose, as in the Courts of Justice, that Sheriffs and other Officers and Ministers of these Courts, and as their Power is derived from the King by His Patents, yet it cannot bee restrained by His Majesties Command, much less the Parliament, because the Authority thereof is of an higher and more eminent nature then any of those Courts.  
It is acknowledged that the King is fountain of Justice and Protection, but the acts of Justice and protection are not exercised in his own person, nor depend upon his pleasure, but by his Courts, and by his Ministers, who must do their duty therein, though the King in his own person should forbid them: and therefore if judgements should be given by them against the Kings will and personal command, yet are they the Kings judgements.  
Pag. 207. The Parliament being often urged by his majesty to show him their fundamental Laws which warranted them to settle the Militia in the case of extreme danger and his refusal, they set down their Votes, and the fundamental Law warranting the same, as followeth. That in this case of extreme danger and his Majesties refusal, the Ordinance of Parliament agreed upon by both Houses for the Militia, doth oblige the people, and ought to be obeied by the fundamental Laws of this Kingdom: For it doth appear that there is no colour of this Tax, that we go about to introduce a new Law, much less to exercis ean arbitrary power, but indeed to prevent it; for this Law is as old as the Kingdom; That the Kingdom must not be without a means to preserve itself; Which that it may be done without confusion, This nation hath entrusted certain hands with a power to provide in an orderly and regular way, for the good and safety of the whole, which power by the constitution of this Kingdom, is in his majesty, and in his Parliament together. Yet since the Prince being but one person, is more subject to accidents of nature and chance, whereby the Common-wealth may be deprived of the fruit of that trust which was in part imposed in him: in cases of such necessity, that the Kingdom may not be enforced to return to its first Principles, & every man left to do what is right in his own eyes, without either guide or Rule, The wisdom of this State hath entrusted the Houses of Parliament with a power to supply what shall be wanting on the part of the Prince; As is evident by the constant custom and practise thereof, In cases of Non-age, natural disability, and captivity; and the like reason doth and must hold for the exercise of the same power, in such cases where the royal trust cannot be, or is not discharged, and that the kingdom runs an evident and imminent danger thereby, which danger having been declared by the Lords and Commons in Parliament, there needs not the authority of any person or Court to affirm, nor is it in the power of any person or Court to revoke the judgement.  
By the fundamental Law, frame, and constitution of the Kingdom, the ordinary government is settled and entrusted to the King and Parliament, and cannot be changed without the subverting the fundamental Laws. And that onely in extraordinary cases of extreme danger, and the Kings incapacity or refusal to discharge his trust, The Houses pro salute populi, cujus salus lex suprema, may direct, and dispose of the Militia. But by the last Proposition, the extraordinary case becometh the ordinary Government,( to wit, perpetual, and in the time of peace) and that which was since the foundation of this Kingdom, the ordinary Government, is not to be so much as an extraordinary case.  
The King in many of his Declarations, and for instance Pag. 298. urgeth, that hereby the Houses desired not onely the ruin of his person, but of monarchy itself, which was more then ever was offered to any of his Predecessors, &c. The Parliament in their Duply hereto Pag. 730. justly set down what followeth, as a doctrine which deserves to be branded with the marks of perpetual scorn and indignation, viz.  
That the representative body of the whole Kingdom is a faction of Malignant, schismatical, and ambitious Persons, whose design is and always hath been to alter the whole frame of Government both of Church and State, and to subject both King and People to their lawless and arbitrary Power and Government, and that they design the ruin of His Majesties Person, and of Monarchy itself; and consequently that they are Traitors, and all the kingdom with them,( for their act is the act of the whole kingdom) and whether their punishment and ruin may not also involve the whole kingdom in conclusion, and reduce it into the condition of a conquered Nation, No man can tell, but Experience sheweth us, that success often draweth men not onely beyond their Professions, but also many times beyond their first Intentions.  
And in many other places the Parliament answereth this aspersion, and giveth assurances to the contrary both to His majesty and to the world, as pag. 100. that as they behoved upon His Majesties refusal to settle the Militia, to secure and preserve His majesty and the kingdoms from extreme danger; so they still resolve to keep themselves within the bounds of faithfulness and allegiance to His Majesties sacred Person and Crown: And ibidem they say thus, Whereas Your majesty is pleased to say, That for Your Residence near the Parliament, You wish it might bee so Safe and Honourable, that You had no cause to absent yourself from Whitehall. This wee take as the greatest breach of the privilege of Parliament that can bee offered, as the heaviest misery to yourself, and imputation upon us that can bee imagined, and the most mischievous effect of evil counsels: It roots up the strongest foundation of the Safety and Honour which your Crown affords; It seems as much as may bee to cast upon the Parliament such a charge as is inconsistent with the nature of that Great council, being the Body whereof Your majesty is the Head: It strikes at the very being both of King and Parliament, depriving Your majesty in Your own Apprehension of their Fidelity, and them of Your Protection, which are the mutual Bonds and Supports of Government and Subjection.  
Wee have according to Your Majesties Desire laid our hand upon our hearts, wee have asked ourselves in the strictest examination of our consciences, wee have searched our affections, our thoughts, considered our actions, and wee can find none that can give Your majesty any just occasion to absent yourself from Whitehall, and the Parliament, But that You may with more Honour and Safety continue there then in any other place.  
Pag. 195. At the entry of their Declaration, May 19. the infinite Mercy and Providence of God, hath been abundantly manifested since the beginning of this Parliament, in great variety of Protections and Blessings, whereby He hath not only delivered us from many wicked Plots and designs; which if they had taken effect, would have brought ruin upon this kingdom: But out of those attempts hath produced divers evident and remarkable Advantages to the furtherance of these services, which wee have been desirous to perform to our sovereign the King, and to this Church and State, in providing for the public peace and prosperity of His majesty, and all His Realms, which in the presence of the same Al-seeing Deity, we protest to have been, and still to be the only end of all our councils and Endeavours, wherein wee have resolved to continue freed and enlarged from all private aims, personal respects, or passions whatsoever.  
Pag. 203, 204. Wee are resolved, The gracious favour of His majesty expressed in that Bill, for the continuance of this Parliament, and the advantage and security which wee have thereby, from being dissolved, shall not encourage us to do any thing, which otherwise had not been fit to have been done; and wee are ready to make it good before all the world, that although His majesty hath passed many Bills very advantageous for the Subject, yet in none of them have wee bereaved His majesty of any just, necessary, or profitable prerogative of the Crown.  
Wee so earnestly desire His Majesties return to London, that upon it wee conceive depends the very safety and being of both His kingdoms; and therefore we must protest, that as for the time past, neither the Government of London, nor the Laws of the Land, have lost their life or force for His Security: so for the future we shall be ready to say or do any thing, that may stand with the duty or Honour of a Parliament, which may raise a mutual confidence betwixt His majesty and us, as wee do wish, and as the affairs of this kingdom do require.  
Pag. 281. We shall conclude, That although these wicked councillors about His majesty, have presumed under His Majesties Name, to put that dishonour and affront upon both Houses of Parliament, as to make them the countenancers of Treason, enough to have dissolved all the bonds and sinews of mutual confidence betwixt His majesty and His Parliament( of whom the maxim of the Law is, that a dishonourable thing ought not to bee imagined of them) yet we doubt not, but it shall in the end appear before all the World, that our endeavours have been most hearty and sincere for the Maintenance of the true Protestant Religion, the Kings Just prerogative, the laws and Liberties of the Land, and the privileges of Parliament, In which endeavours by the grace of God we will still persist, though we should perish in the work, which if it should be, it is much to bee feared; That, Religion, laws, Liberties, and Parliaments, would not be long-lived after us.  
Pag. 307. Your Majesties most humble and faithful Subjects having nothing in their thoughts & desires, more precious and of higher esteem( next to the immediate Honour and Service of God) then the just and faithful performance of their duty to your Majesty and this kingdom, &c.  
Whereas pag. 282. The King allegeth some speeches in the Houses to the prejudice of the royal Branches, The Parliament fully answereth pag. 696. this, and although they would persuade His Majesty, that there is little confidence to bee placed in our modesty and duty; Yet as God is witness of our thoughts, so shall our actions, witness to all the World, That to the honour of Religion, and of those that are most zealous in it( so much strike at by the contrivers of that Declaration under odious names) wee shall suffer more from, and for our sovereign, then we hope, God will ever permit the malice of wicked Councellors to put us to. And though the happiness of this and all kingdoms dependeth chiefly upon God, yet wee aclowledge, that it doth so mainly depend upon His Majesty, and the royal Branches of that Root, That as we have heretofore, so we shall hereafter esteem no Hazard too great, no reproach too vile, but that we shall willingly go through the one, and undergo the other; That we and the whole kingdom may enjoy that happiness, which we cannot in an Ordinary way of providence expect from any other fountain, or streams then those from whence( were the poison of evil council once removed from about them) wee doubt not but wee and the whole kingdom should bee satisfied most abundantly.  
Pag. 728. We never suffered that word of deposing the King to go out of our mouths, nor the thing to enter in our thoughts, nor can it be collected out of any thing we have said. And now for the Propositions wherewith we are said to assault His majesty, and endeavour to divest Him of all his royal rights and dignities; We doubt not but we shall make it appear to all the World that what may seem highest in our Propositions, hath been in effect asked and obtained by our predecessors before us, and by our Nieghbours beside us, and that we have more reason to ask it and to obtain it, then either the one or the other, and yet to testify to all the World how much wee desire peace, and to avoid the miseries and confusion of a civill war, wee have not, nor shall insist upon any thing, but what we hold necessary for preservation of the safety and peace of the kingdom, and for the security of our Religion and Liberties, and these good laws which we already have, and hope farther to obtain by the frequent meeting and free sitting of Parliaments: And as we have been careful to decline all appearance of any private respects in them to ourselves; So wee having the Honour of God, and of His Majesty, and the Peace, freedom and Prosperity of this kingdom, chiefly before our eyes in these our Propositions and in all our actions, we rest assured, that both God and Man will abhor and abominate that monstrous and most injurious charge laid upon the representative body of this Kingdom, of designing the ruin not only of his Majesties person, but of monarchy itself. And we appeal to all the World, whether worse words then these can bee given? And whether wee may not justly expect the worst actions that the malice and power of the Malignant Party about His Majesty can produce.  
Pag. 750. GOD who sees our innocency, and that we have no aims, but at his glory, and the public good, will( we hope) free your Majesty from these destructive Councells, who labour to maintain their own power by Blood and Rapine: And bless our endeavour, who seek nothing but to procure and establish the Honourable Peace and safety of your majesty and kingdoms, upon the sure foundation of Religion and Justice.  
The Declarations after mentioned were sent from the Parliament of England to the kingdom of Scotland, to inform them of the true state of the quarrel and cause of the war, and to persuade them to engage with them therein, which they did accordingly.  
The King by His Letter of the 20 of May, 1642. to the council of Scotland, declared His great sufferings from His Parliament, and that he was only maintaining His Authority, &c. as is inserted in the pag. 255. Thereupon the Parliament emitts a Declaration, and sends it to Scotland, assuring them by Protestation, that His Majesties sufferings come not from any intention or action of theirs, who endeavour with all fidelity to procure the happiness of His majesty and of His kingdom: And that they should do their best endeavours to promote the Honour, Wealth, and Prosperity of Scotland( because of our great affection and respect to them at that time, upon believing their Declarations) and preserve their Union, & c. 〈◇〉 pag. 330.  
In August 1643. The Parliament sends down Colonel Pickering to the general Assembly, with a Declaration to them, showing, that they thought fit to sand them a copy of their Supplication to His majesty,( wherewith he brought also other Declarations, and gave them to the Lords of the Secret counsel, and Conservators of Peace) That, that Church and kingdom( whereunto they are tied by so many and so near bonds, both civil and spiritual) may see that the like mind is now in them, that formerly appeared to be in the Nation; and that they were tender of blood, and zealous for a reformation of Church and State, which if not interrupted by war, they would settle, to the increase of His Majesties Honour and State, the peace and prosperity of this kingdom; and especially to the glory of God, by the advancement of the true Religion, and such a reformation of the Church, as shall bee most agreeable to Gods Word: Out of all which there will also result a most firm and stable Union between the two kingdoms, which according to our Protestation we shall by all good ways and means, upon all occasions, labour to preserve and maintain.  
The Supplication which he brought, was that which was sent after nomination of my Lord Essex general, pag. 465. having that expression, That he would return to His Parliament, and harken to their faithful Advices, and humble Petitions, which should only bee for advancing Religion, His own royal Honour and Safety, the preservation of our laws and Liberties; and they should punish and prevent all tumultuous and seditious actions, speeches and writings, which might give him any just cause of distance, or apprehension of danger, from which public aims and resolutions, no sinister or private respect shall ever make them decline; That they should settle the Militia by a Bill, in such a way as shall bee honourable and safe for His majesty, most agreeable to the duty of Parliament, and effectual for the good of the kingdom, that the security thereof bee not for its destruction; with which if His Majesties Counsels and Courses shall concur, we doubt not but we shall quickly make it appear to the world, by the most eminent effects of love and duty, That His Majesties Personal safety, royal Honour and greatness are much dearer to us then our lives and fortunes, which wee do most hearty dedicate, and shall most willingly employ, for the support and maintenance thereof. They again repeat the same, pag. 509. as the firm and constant resolution, to witness their unshaken and constant loyalty; and that they would make Him and His Posterity as much beloved at home, and feared abroad, as any Prince that ever swayed this sceptre.  
They renew and enlarge the same in their Petition, the 11. of September, pag. 587. and offers to His majesty, security, honour, service, obedience, support, and other effects of an humble, loyal, and faithful Subjection; and seek nothing, but that our Religion, Liberty, Peace of the kingdom, and Safety of the Parliament may bee secured from the open violence and cunning practices of the wicked party; and as wee never gave Your majesty any just cause of withdrawing yourself from Your Great council, so it hath ever been, and shall ever be far from us, to give any impediment to Your Majesties 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 lies 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 in none of our desires to Your Majesty shall we be swayed by any particular mans advantage, but shall give a clear testimony to Your majesty and the whole World, That in all things done by us, we faithfully intend the good of Your Majesty, and of Your kingdoms, and that we will not bee delivered from this end, by any private or self respects whatsoever.  
again they renew the same, pag. 618. showing that they have for the just and necessary defence for the Protestant Religion, of Your Majesties Person, Crown and Dignity, of the laws, and Liberties of this kingdom, and the privileges and Power of Parliament; Taken up arms and appointed and authorised Robert earl of Essex to bee captain general, wherein if Your majesty please to yield to our most humble and earnest desires, We do in the presence of Almighty God profess, that we will receive Your majesty with all Honour, yield you all due obedience and subjection, and faithfully endeavour to secure Your Person and Estate from all dangers, and to the uttermost of our power, to procure and establish to yourself and Your People, all the blessings of a glorious and happy reign.  
He delivered also the Votes of the 12 of July, pag. 457. of raising an Army for the safety of the Kings Person, defence of the Parliament, and preserving Religion, laws, Lives, and Peace of the Kingdom, and to die and live with the earl of Essex in that Cause, and the former Petition appointed to be framed.  
He delivered likewise the Declarations, pag. 458. wherein the Parliament expresseth, that in all their endeavours, they intend wholly the advancement of His Majesties Honour and Safety, And the regainment of the ancient( though of late yeares much invaded) Rights, laws, and Liberties, being the Birth-right of the Subjects of this Land, and settling of the true Protestant Religion( the glory of their Nation) in Peace and Purity.  
He delivered the Declaration, pag. 461. concerning the distractions of the kingdom( wherein the King breaking his Declarations is challenged) they desire all mens assistance in this necessary defensive war, And that they shall in all their proceedings manifest, they are carried by no respects but of the public good; That alteration of Religion is the main end of their Enemies, which will draw on loss of Liberty, and subversion of Law; so it rests only, Whether freeborn English-men will adhere to King and Parliament, or to the King seduced by jesuits and Cavaliers.  
In their reply to the King, pag. 473. they show the reason why they took into their custody the Town of Hull, the Magazine and Navy, passed the Ordinance of the Militia, and made preparation of Armies, was for the security of Religion, the safety of His Majesties Person, of the kingdom and Parliament, all which they did see in evident and imminent danger, from which when they shall bee secured, and that the forces of the kingdom shall not bee used to the destruction thereof, They shall then bee ready to withdraw the garrison out of Hull, to deliver the Magazine and Navy, And settle the Militia by Bill, in such a way, as shall be Honourable and Sa fefor His majesty, most agreeable to the duty of Parliament, and effectual for the good of the kingdom, as they have professed in their late Petition: And as for the laying down of arms, when the causes which moved them to provide for the defence of His majesty, the kingdom and Parliament, shall be taken away, they shall very willingly and cheerfully forbear any farther preparations, and lay down their force already raised.  
He delivered also the Declaration, pag. 491. giving an account to the World of the Justice of their proceedings, and to warn them all to concur, They complain, that the design of their Enemies is, to alter the constitution and frame of this Government both in Church and State: That they begun with Scotland by the Service Book; For well they knew the same fate attended both kingdoms; And Religion could not be altered in the one, without altering it in the other, and Religion is there called The life of our lives.  
And seeing now the Question is so clearly stated: They invite all to assist for the preservation of Religion, the King and ourselves, And that it appeareth that it is neither Hull, nor Magazine, nor Militia, which are grounds of the war, whereupon they conclude their account to the World, That they the Lords and Commons were resolved to expose their Lives and Fortunes for Maintenance of the true Religion, the Kings Person, Honour and Estate, privileges of Parliament, and Right and Liberties of Subjects, and for prevention of alteration of Religion; And requireth all who have sense of piety, Honour, or Compasson, to help a distressed State, especially such as have taken the Protestation, and are bound in this same duty with us unto their God, their King and country, to come to their assistance, This being the true Cause for which we raise an Army under the earl of Essex, with whom wee will live and die in this quarrel. This is sent to Scotland with colonel Pickering, is red to the general Assembly, Lords of council, and Conservators of Peace, and believed there.  
In all the Letters and Declarations from the Conservators of Peace in Scotland, there is a clear evidence of our earnest pressing Unity in Religion and Peace, with all respect and tenderness to His Majesties Authority, and the Subjects Liberty. And the Parliament of England the 20. of October 1642. doth answer, that they were willing to concur in all good ways for the Kings Honour and happiness, and Unity between the kingdoms: And generally in all Declarations of the Houses sent to Scotland, They express their desire for uniformity, and preservation of His Majesties Authority.  
Pag. 663. The Declaration and Protestation of the Lords and Commons to this Kingdom, and to the whole World, October 22. 1642. We, in presence of Almighty God, for the satisfaction of our consciences, and the discharge of our great trust, protest and declare, That no private passion or respect, or evil intention to His Majesties Person, no design to the prejudice of his just Honour and Authority, engaged us to take arms and raise Forces, And wee have always desired from our souls, manifested in our Proceedings, Petitions, and Remonstrances to His Majesty, professed our loyalty and obedience to his crown, readiness and resolution to defend his Person and support his Estate, with our lives and fortunes to the uttermost of our power.  
They remember a petition sent, pag. 587. Wherein they profess in the sight of Almighty God, which is the strongest obligation that any Christian, and the most solemn public Faith, which any such State as a Parliament can give: That we would receive him with all Honour, yield him all true obedience and subjection, and defend his Person and Estate; That in this cause and defence thereof, they expect the concurrence of Scotland, according to the Act of Pacification: And which safety of Religion, laws, and Liberties, We do here again profess before the everliving God, to be the chief end of all our Councells, and Resolutions, without any intention or desire to hurt or injure his Majesty, either in his Person or just Power. This Declaration was sent to the Conservators of Peace, with their safe conduct, and delivered by colonel Pickering unto them.  
In the Declaration to the World, pag. 657. sent to Scotland concerning the allegations, That the Army is raised to murder or depose the King; wee hoped any that professed the name of a Christian, could not have so little Charity as to raise such a scandal, especially when they must needs know the Protestation taken by every member of both Houses, whereby they promise in presence of Almighty GOD, to defend His Majesties Person: The Promise and Protestation made by the members of both Houses, upon the nomination of the general to live and die with him, wherein is expressed, That this Army was raised for the defence of the Kings Person; Our earnest addresses and humble petitions to His Majesty, to remove his royal Person from that Army, A request inconsistent with any purpose to offer the least violence to his Person, which hath and ever shall be dear unto us: That their Religion and Liberties being secured unto them, they shall willingly disband. To the imputation of their intention to change the Government, they answer, That the Army is raised for the Lands necessary preservation.  
The Declaration to the Estates of Holland, pag. 635. declareth the question between the King and Parliament, Is not whether he shall enjoy the same Prerogative and Power, which hath belonged to our former Kings, His royal Predecessors; But whether that Prerogative and Power shall bee used to our defence or ruin, and we expect nothing from Him but security and protection from those mischievouous designs multiplied against them.  
But above all, remember the Declaration, 7. November, pag. 737. directed and sent to the kingdom of Scotland, and delivered to that State by Colonel Pickering, mentioning, that Scotland had lovingly invited them to a nearer and higher degree of Union, in matters of Religion, and Church Government, which we have most willingly and affectually embraced, and intend to pursue: And though we seek nothing from his majesty, that may diminish his just authority or honour, and have by many humble Petitions endeavoured to put an end to this unnatural war and combustion, and to procure His protection and security, for our Religion, Liberties and Persons( according to that great trust His majesty is bound to by the laws of the Land) and shall continue to renew our Petitions in that kind, wee are necessitated to stand upon our just defence, and to seek the speedy and powerful assiance of our Brethren, according to the Act of Pacification, common duty of Christianity, and particular Interest of their own Nation, which would produce preservation of Religion, Honour, Safety, and Peace to His majesty and Subjects, and a more strict conjunction of the councils, designs, and Endeavours of both Nations, for the relief of the reformed Churches: All which we did believe, and desire to see observed, and did not believe the Kings Answer thereunto, immediately sent to Scotland against them, as intending to countenance Sects and schisms, and to subvert His royal Authority.  
Wee could city to your Lordships as many of our Declarations to the same sense, which wee aclowledge as obligatory, and so need not to repeat them.  
But that which sticks most with us, are the Oaths taken, first separatim by both these Nations, and then conjunctim in the last solemn League and Covenant between the Kingdoms.  
Wee need neither set down our first Covenant, nor the Protestation which is so short, clear, and known to all, viz. To defend and maintain, according to the duty of my allegiance, His Majesties royal Person, Honour, and State, &c. and in all just and honourable ways, to preserve the Union and Peace between the Kingdoms, and neither for hope, fear, or other respect relinquish the promise, vow, and Protestation, which whosoever would not take, was voted to be unfit to bear office in Church or State, whereunto our Oath of Parliament is parallel almost in iisdem verbis.  
Concerning the late solemn League and Covenant, wee may not forget the Act of the general Assembly of Scotland, and of the Convention of Estates, 17 August, 1643. approving of the first draft of it, as the most powerful mean, by the blessing of God, for settling and preserving the true Protestant Religion, with perfect Peace in His Majesties Dominions, and propagating the same to other Nations, and for establishing his majesties Throne to all Ages and Generations, and recommending it in these terms to the kingdom of England; and which is most fully twice or thrice expressed in their Declaration, then sent to the Houses, and in their Answer to the Divines.  
Like as the two Acts of the Commissioners of the Assembly, and Committee of Estates, in October, 1643. approving the same( after the return therof from England) in the same terms, and appoint it so to be sworn and subscribed: Whereupon the Covenant having these Acts prefixed, was subscribed and sworn in a most solemn manner by the Commissioners of both Kingdoms, at Edinburgh, and one principal so subscribed, Delivered by us to the English Commissioners, and another from them to us, to be keeped in retentis.  
Likewise the Ordinance of the Honourable Houses, for the subscribing of the Covenant, prefixed an Exhortation, and therein affirmeth.  
For what is there almost in this Covenant, which was not for substance either expressed, or manifestly included in that solemn Protestation of May 5. 1641. wherein the whole kingdom stands engaged until this day: The sinful neglect whereof doth( as we may justly fear) open a floodgate, the more to let in all these calamities upon the kingdom, and cast upon it a necessity of renewing Covenant, and of entering into this.  
If it bee pleaded, That this Covenant crosseth the oaths of Supremacy and allegiance, there can be nothing further from Truth; for this Covenant binds all, and more strongly engageth them to preserve and defend the Kings Majesties Person and Authority, in the Preservation and Defence of the true Religion, and Liberties of the kingdoms.  
The Covenant itself, both in the Title and in the Preamble, setteth down the three main Motives, Dueties, and Ends thereof, whereof the second is the Honour and happiness of the King and His Posterity.  
In the third Article, wee shall with the same sincerity, reality, and constancy in our several vocations, endeavour with our Estates and Lives, mutually to preserve the Rights and privileges of the Parliaments and the Liberties of the kingdoms, And to preserve and defend the Kings Majesties Person and Authority, in the preservation and defence of the true Religion and Liberties of the kingdoms. That the world may bear witness with our consciences of our loyalty, and that we have no thoughts or intentions to diminish His Majesties just Power and greatness.  
In the fourth, we shall discover evil instruments, by hindering the reformation of Religion, dividing the King from his people, or one of the kingdoms from another, or making any parties among the people contrary to this League and Covenant.  
In the fifth, And whereas the happiness of a blessed peace between these kingdoms, Denied in former times to our Progenitors, is by the good providence of God granted unto us, and hath been lately concluded and settled by both Parliaments; Wee shall each one of us according to our power and interest, endeavour that they may remain conjoined in a firm Peace and Union to all posterity, And that justice may be done upon the wilful opposers thereof, in manner expressed in the precedent Articles.  
Now this firm Union between them settled by both Parliaments, and to bee continued by that Article; as also by the Protestation before mentioned, and our Oath of Parliament, is expressed in the Act of Pacification in the large Treaty, in his verbis, That the great blessing of a constant and friendly Conjunction of the two kingdoms, now united by allegiance and loyal Subjection, to one sovereign and Head, may be firmly observed, and continued to all posterity.  
In the sixth Article wee may not make defection to the contrary part, or give ourselves to a detestable indifferency or neutrality in this cause, which so much concerneth the Glory of God, good of the kingdoms, and Honour of the King, but all our dayes zealously and constantly promote it against all opposition and impediments; all which we shall do as in the fight of God, and perform all Dueties we owe to God and man, and make this Covenant in the presence of Almighty God the Searcher of all hearts, with a true intention to perform the same, as we shall answer at the great Day.  
Wee cannot but remember the first Article of the Treaty between the kingdoms, viz. It is agreed and concluded, that the Covenant represented to the Convention of Estates, and general Assembly of Scotland, and sent to both Houses of the Parliament of England, in the same form as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland, and allowed by the Committee of Estates, and Committee of the general Assembly, be sworn and subscribed by both Kingdoms, as a most near tie and conjunction betwixt them, for their mutual defence against the Papist and prelatical Faction, and their Adherents in both kingdoms, and for pursuance of the ends expressed in the Covenant; and that the rest of the Articles are expressly conceived to be in pursuance of the ends expressed in the said Covenant. And the eighth Article, That no Cessation, nor any Pacification or Agreement for Peace whatsoever, shall bee made for either kingdom, or their arms, without the mutual Advice or Consent of both kingdoms, or their Committees( by virtue whereof wee debated these Propositions with your Lordships) is in pursuance of the same ends. And the ninth Article containeth the public Faith of the kingdom of Scotland, That neither our entrance into, nor continuance in the kingdom of England shall bee made use of( wee hope no more by others then by us) to any other ends then are expressed in the Covenant and Articles of this Treaty; And that all matters of Difference shall bee determined by the mutual Advice and Consent of both kingdoms, or their Committees: upon the Covenant and Treaty, the kingdom of Scotland sending in their Army for your Assistance, emitted to the world a Declaration of their Intentions in that war, showing their three Motives, three Dueties, and three Ends, comform to the Covenant, and planting it as their Motto on all their Banners and Colours, Covenant for Religion, Crown, and kingdoms, inserting it in their Commission to the Lord General, their Directions through the Counties, and Articles of War, and the Military Oath taken by all the Army; Desiring no otherwise a Blessing upon their Endeavours, then as they shall bee directed to the pursuance of their Ends, inserted in the Title of the Covenant, assuring that the War is not against His majesty, but that the Wicked being removed, a good understanding may bee established betwixt His majesty and His People, remembering our public Faith, given in the ninth of April; And assuring, that their pious, loyal, and faithful Desires being obtained, wee should most willingly return, esteeming it our greatest happiness, that Truth with Peace be established in all His Majesties Dominions.  
As wee a part, so both the kingdoms together joined in Arms emitted their joint public Declaration to the world to the same effect; and with many the like Expressions, founding the War on the Covenant, calling it The Cause and quarrel of God, and ending with a notable Close, viz. Wee have after long and grave Consultation resolved and decreed never to lay down Arms, till Truth and Peace by the Blessing of GOD bee settled in this iceland upon a firm foundation, for the present and future Generations, which shall bee esteemed of us an abundant reward of all that wee can do or suffer in this Cause.  

Concerning Uniformity in Religion.  
IN August 1642. The Parliament sends down Colonel Pickering to the General Assembly with a Declaration to them, showing they thought fit to sand them a copy of their Supplication to his majesty, wherewith he brought also other Declarations, and gave them to the Lords of Secret council and Conservers of Peace, that that Church and Kingdom( whereunto they are tied by so many and so near bonds both Civil and spiritual) may see that the like mind is now in them, that formerly appeared to be in that Nation, and that they were tender of blood, and zealous for a Reformation of Church and State, which if not interrupted by War, they would settle to the increase of his Majesties honor and State, the Peace and prosperity of this Kingdom, and specially to the glory of God, by the advancement of the true Religion, and such a Reformation of the Church, as shall be most agreeable to Gods Word: Out of all which there will also most undoubtedly result, a most firm and stable Union betwixt the two Kingdoms, which according to our Protestation we shall by all good means and ways upon all occasions labour to preserve and maintain.  
Pag. 792. In their Declaration giving an account to the world of the Justice of their proceedings, they complain that the design of their Enemies is to alter the constitution and frame of this Government, both in Church and State: And that when they conceived the way to be sufficiently prepared, They at last resolved to put on their Master-piece in Scotland, in imposing upon them a Popish Service-Book, for well they knew the same fate attended both Kingdoms, and Religion could not be altered in the one without the other. Ibidem. Religion is called the life of their lives.  
Pag. 595. The Declaration of the General Assembly of the Kirk of Scotland, sent in an answer to a Declaration from the Parliament of England to them, Sheweth, That the hearts of the godly are grieved, That contrary to their Prayers, and the Professions both of King and Parliament, the Reformation of Religion moveth so slowly, That it ought first of all to be intended and endeavoured, and that when supreme providence giveth opportunity, no other work can prosper, or success be durable in the hand of his servants, if it be not apprehended and with all reverence and faithfulness improved: And who knoweth but the Lord hath now some controversy with England, which will not be removed, till first and before all, the Worship of his Name and Government of his House, be settled according to his own will: This Uniformity they conceive to be most acceptable to God, the surest mean to preserve a solid Peace, without which it can never be expected, and a way to prevent all Heresies and Sects who rent asunder the bowels of Kirk and Kingdom. And the Lords of Secret council joined with the Assembly in these their desires.  
Pag. 600. & deinceps. The Parliament( in their Declaration sent in Answer to a former of ours, thanks the Kirk and Kingdom of Scotland for their desires of Unity in Religion and Uniformity in Church Government in his Majesties three Kingdoms, Sheweth, That whensoever Religion is subverted or changed in the one, it will easily be accomplished in the other, And desires that we may mutually rejoice in one anothers happiness, and yield his majesty such a faithful subjection as may be honourable to himself, comfortable to his people, and advantageous to the Reformed Churches abroad: Declareth, that they have ever made it their chiefest aim, The Reformation of Church Government and Discipline, and though they find interruptions and opposition in the prosecution and accomplishment thereof, yet they take our deliverance as a pledge of theirs, hopeful that God will perfect their designs and endeavours of a full Reformation in all matters appertaining to Religion, And acknowledging that this is the greatest honour and Service which God receives from his people, the surest foundation of Glory, strength, and happiness which he bestows upon any Nation, the best mean to preserve from Sects and Heresies; and to Unite these two Nations: Acknowledgeth our serious thoughts and earnest desires for such an Unity in Religion, as that in all his Majesties Dominions there might be one Confession of Faith, one Directory of Worship, one public catechism, and one form of Church Government, to be an act of Love to them, and of Wisdom to the good of both Churches, for which they are thankful to God and us: And although it will hardly be punctually and exactly obtained, unless some way be found for a mutual communication and conjunction of Counsels and Debates, in framing that one Form; Yet both intending the same end, proceeding by the same rule of Gods Word, and guided by the same Spirit, They hope by Gods assistance to be so directed, as to cast out whatsoever is offensive to God, or justly displeasing to any Neighbour Church, and so far to agree with their Brethren of Scotland and other Reformed Churches in all substantial parts of Doctrine, Worship, and Discipline, as both they and we may enjoy all these advantages and conveniences mentioned by us in our last Declaration, viz. In 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 Exercises and duties of Worship, more constant security of Religion, against the bloody practices of Papists, and deceitful errors of other Sectaries: They give us hearty thanks for our faithful and affectionate desires of this so great an advantage for them, And declares that we need not make any apology for the same. They further declare, that they are to consult with Godly and Learned Divines, for such a Church-Government as may be most agreeable to Gods holy Word, most apt to procure and conserve the peace of the Church at home, and an happy Union with the Church of Scotland, and other Reformed Churches abroad; And for that effect, do desire us to sand some Godly and Learned Divines of our Church to that Assembly of theirs, whereby an Uniformity in Form of Church Government may be obtained, and thereby a more easy passage made to the settling of one Confession of Faith, one Directory of public Worship, and one catechism in all the three Kingdoms, which they hope( through Gods blessing) will have such an effect in all his Majesties Dominions, as will much advance the honour and Service of God, enlarge the greatness, power, and glory of the King, confirm the peace, security, and prosperity of all his good Subjects, make way to the relief and deliverance of the poor afflicted Churches abroad, and will tend to the ruin Antichrist.  
In all the Letters and Declarations of the Conservers of the Peace, there is a clear evidence of our earnest pressing Unity in Religion and Peace, with all respect and tenderness to his Majesties authority and the Subjects Liberty, And the Parliament of England answers 20 October, That they were willing to concur in all good ways for the Kings Honour and happiness, and Unity and Amity between the Kingdoms, Likeas in all their Declarations they express their desires for Uniformity in Religion and preservation of his Majesties authority.  
Pag. 659. The Parliament in their public Declaration emitted to the world after the battle of Keinton, sent to Scotland, and given by Colonel Pickering in Answer to the Kings Objection, That they countenance Brownists and Anabaptists; They affirm it to be false and groundless: And, that if his majesty had not denied his consent to the Bill for an Assembly of Divines, they had long since manifested to the world, by a well settled Reformation, their utter dislike of brownism and anabaptism: But they declare it is one of the Stratagems of the prelatical and Malignant party, to interrupt them in the means to settle Church Government, that by delay thereof they may stir up Factions and Divisions amongst the people, who having not the Rule before them, are apt to run several ways, and so to impute the Errors and indiscreet carriage of a few persons unto the Parliament: But God( they hope) in his good time, will unmask their Plots and confounded their devices.  
Pag. 840. The like Objection is made by the King in his Answer to the Londoners Petition, where it is asked, If the cherishing and countenancing of Brownists and Anabaptists, and all manner of Sectaries, be the way to defend and maintain the true Protestant Religion, And pag. 845. M. Pimme in his Speech to the Citizens of London, in name, and by command of the Parliament answers that Objection amongst others, By denying that the Honourable Houses do give any such countenance to Sectaries, of any kind whatsoever, and that no such thing can be proved, and retorteth the Argument upon his Majesties keeping of Papists in his army. And pag. 442. the King gives direction to his Judges to stop the over-hasty growth of anabaptism and other schisms. They declare pag. 19. of their Remonstrance, That it is far from their desires and intentions to let loose the reins of Discipline and Church Government, to let private persons or particular Congregations take up what form of Worship they please, but do hold it requisite that there should be throughout the whole Realm, a conformity to that order which the Law enjoins, according to the Word of God.  
But above all, let the Declaration directed and sent to the Kingdom of Scotland 7. Novem. 1642. and delivered to that State by Colonel Pickering, be remembered; mentioning, That Scotland had lovingly invited them to a nearer and higher degree of Union in matters concerning Religion and Church Government, which they have most willingly and affectionately embraced, and intend to pursue, declaring also that a great cause and incentive of the Malice of the prelatical and Malignant party against them, proceeds from the design they have to hinder the Reformation of the ecclesiastical Government in this Kingdom, so much longed for by all the true Lovers of the Protestant Religion: And therefore against such their malice and power, they implore the speedy and powerful assistance of their Brethren of Scotland, according to the late Act of Pacification, Common duty of Christianity, and the particular interests of their own Kingdom, which assistance they hope shall produce the preservation of Religion, the honour, safety, and peace of his majesty and all his Subjects, and a more strict conjunction of the Counsels, designs, and Endeavours of both Nations, for the comfort and relief of the Reformed Churches beyond Sea. All which we did believe, and desire to be performed, And did not believe the Kings Answer thereunto immediately sent to Scotland against them, as intending to countenance Sects and schisms, and to subvert his royal authority.  
In August 1643. The English Commissioners in their first Proposition desire some from our Assembly to be sent to England, to perfect that work of Reformation of Church Government, and aclowledge that what corruptions take root in England will quickly spread their venom and infection to the Neighbour Church of Scotland, and to engage us, they press our interest( although now it is urged by some that we have none) that they were appointed to consult with us concerning such things as might conduce to their Reformation, and their so much desired conjunction with the Church of Scotland.  
The Parliaments Declaration given in by their Commissioners acknowledgeth our Christian Zeal and Love in our Endeavours for the necessary Reformation of their Church Government and more near Union of both Churches: And that the two Honourable Houses fully concur with us in these pious intentions, for accomplishment whereof they had called an Assembly and sent down Commissioners, desiring us to give them credit in all things they propose, They call it the cause of God, and show that we cannot enjoy Religion, Peace, and Liberty, if they be sub●erted in England, the Commissioners invite us to be instruments of a glorious Reformation in England, that God had put in the hearts of both, desires of a nearer Union in Church Government, and for defence against the common Enemies, That God would make use of this opportunity, to knit them both to himself, and each to other in a most strict and durable Union, And thereby the more firmly to establish Truth and Peace in both Nations.  
The same is repeated in their Paper to the Convention of Estates, that the design of subverting Religion was the same, but mutata methodo, That they would secure us from the Invasion of the Irish Rebels, That they needed not Arguments to invite us to their assistance, Since now the Honourable Houses have so fully declared by what they have done, and what they are desirous to do, that the true State of the Cause and quarrel is Religion: In Reformation whereof they are so forward and zealous, as there is nothing expressed in our former or latter Declarations, which they have not seriously taken to heart, and seriously endeavoured to effect, that so the two Kingdoms might be brought to a nearer conjunction in form of Church Government, Directory, Confession, and catechism, and utter extirpation of prelacy. The most effectual and ready mean whereunto, is now conceived to be the stricter Union and League between the Nations and our assistance of England by an Army.  
And in the Letter from the Assembly of Divines by order of the House of Commons, they call it twice the Cause of Religion, thanketh us for our desires of Uniformity, and imports their laying out a Discipline most agreeable to Gods Word, most apt to preserve the Peace of the Church at home, and nearer agreement with the Church of Scotland, and other Reformed Churches, that so to the utmost of their power, they may exalt him who is the onely Lord, over his Church, his own house, in all his offices, and present the Church as a chased Virgin unto Christ. They mention the Oath of Assembly concerning Discipline, viz. What they conceive most to the glory of God, and good and peace of his Church, and clears the freedom of Assembly to serve their consciences.  
The Assemblies Answer to the Parliament, desires that it may be more and more cleared, Religion to be the true state of the differences in England, and to be uncessantly prosecute first and above all things, Giving no sleep to their eyes, no slumber to their eye-lids, until it be settled; and twice or thrice mentioneth their three Motives, and three ends of Covenant, whereunto they desired the Parliaments concurrence, And so they writ to the King, And so in their Answer to the Assembly of Divines and Ministers of England, both for Uniformity and the Kings Authority.    

THE fourth PAPER Delivered in to the Houses OF PARLIAMENT BY THE COMMISSIONERS OF SCOTLAND: Containing their Reasons, Why the RESULT of the Committee of both kingdoms at EDINBURGH 28. Novemb. 1643. is a TREATY.  
COncerning the difference about the Treaty at Edinburgh 28 November 1643. for the better understanding of the whole business, we shall speak of these heads. First, of the state and condition of affairs before, and at the time of the making of this Treaty. Secondly, of the powers to make this Treaty. Thirdly, of the Treaty and the conditions thereof. Fourthly, of the confirmation of this Treaty, and the performance thereof. And fifthly, we shall answer the Objections that are alleged why this is not a Treaty.  
Concerning the state of affairs before the making of the Treaty, it was this, The kingdom of Scotland, according to an agreement made with the kingdom of England, the 4 of january 1642. and the Treaty of the 6 August. 1642. sent over an Army into ulster in Ireland, for suppressing the rebellion in that kingdom, where they had not long continued, but troubles did arise in this kingdom, upon the occasion of the difference between the King and his Parliament; whereby the supplies promised for entertainment of that Army were withdrawn for the maintenance of the war here, and the Scottish Army was driven to so great extremities, that hundreds of them were starved for want of bread, as hath been formerly represented to the Houses. About the month of july 1643. the enemies power prevailing so far in England, as they were possessed of the most part of the kingdom, the Houses of Parliament did resolve, and accordingly sent Commissioners into the kingdom of Scotland, to Treat concerning the sending of an Army into England, for assistance of their Brethren in England, as also to Treat concerning the Scottish Army in Ireland, gave them credentiall Letters to the Estates of Scotland, with ample power to negotiate, treat, and conclude, and desired the kingdom of Scotland to give them full credit in what they should propound. The English Commissioners, at first desired the removal of the Scottish Army, because the Houses of Parliament had found themselves unable to support the charges of that war: But not long after their arrival, general mayor Monro acquaints the kingdom of Scotland with the state of affairs in Ireland, sends over the Letters directed to him from the Lord Lieutenant, and Lord Justices of Ireland, requiring him to agree to the Cessation, and declareth his inability to resist the English and Irish, joined together, especially when he wanted the means of subsistence.  
Further, the Scottish Army sends Commissioners into Scotland to represent their wants, the necessity of providing a speedy supply of a considerable sum of Money and Victuals, for their present subsistence, without which they would bee constrained to come away. And these supplies being granted, that as a necessary mean for prosecution of the War, the English Army having revolted from the Parliament, the British Forces( who except a very few, are all of the Scottish Nation) might be joined with them under one command in chief, for opposing the Cessation. Likewise many thousands of the Inhabitants did petition the Estates of Scotland for the same purpose, and declared that they would be constrained to desert the country, if the Scottish Army were forced to remove: All which being communicated to the English Commissioners, they dispatched away to the Houses, and in the mean time wrote to general mayor Monro, encouraging him to withstand the Cessation, and showing that they were sent from the Parliament of England, and had power to treat and conclude in such things as concerned that Army, and to give good satisfaction to the desires of their Commissioners sent to the Convention of Estates.  
The Houses of Parliament in September 1643. being acquainted with the state of affairs in Ireland, findeth necessary to continue the Scottish Army in Ireland, and in their instructions of the first of November, appoint their Commissioners to make known to their Brethren of Scotland the Votes of both Houses, declaring the Cessation in Ireland destructive to the Protestant Religion, dishonourable to the English Nation, and prejudicial to the interest of the three kingdoms; and further, appoint them to make known that it was the resolution of both Houses to oppose to the utmost the said Cessation, and to encourage, so faras lies in their power, all those Forces Scottish and British, for the utter subduing of those Rebels, and the preventing of setting up Popery in that kingdom: and in particular for encouragement of the Scottish Army, that they will hasten away with all speed the 60000. l. promised, the 10000. suits of clothes, and other necessaries. These directions being returned, and the Agents sent from the Army, being sensible of the great straights and imminent dangers the Army was in, do instantly press a speedy agreement to their demands, and present advance of a considerable sum of money and quantity of victuals, without which they will not undertake to stay. And having been disappointed for 16. or 17. moneths together of any supply from England, they altogether decline to Treat with the English Commissioners, but will have the engagement of the Kingdom of Scotland for whatsoever is promised them. And upon the other part the English Commissioners will not Treat with the Army, but with the Committee of Estates, and earnestly press their concurrence in giving satisfaction to the demands of the Army, and persuading them to stay. These who seriously considered the affairs of Scotland, how great an Army they were to sand into England, and what danger the kingdom, so much weakened of Forces, would be exposed to( whereof since they have sad experience) did incline to the bringing of that Army out of Ireland,( some Garrisons excepted, according to the first desires of the English Commissioners communicated to the States and Army) and so to make up a part of the army to be sent into England, which would lessen the charge and expense of the levy of the Foot by the half, and make us stronger at home for suppressing any insurrection, and defending ourselves from any invasion that should happen. Also the Army was more desirous to come into England where they had hopes of subsistence, then continue in Ireland where they had experience of very great want. But when it was considered, that if Scotland did not presently interpose for the stay of their Army, in all probability, the kingdom of Ireland would be resigned into the hands of the Rebels, and the remainder of the well affencted in that kingdom exposed to their cruelty. The Estates of Scotland being immediately before joined in Covenant for so good ends with their Brethren of England, and to drown their peace in the sea of Englands war, resolved to decline no hazard or danger whatsoever in prosecution of this cause. And( though then free) did engage themselves for a present supply of money and victuals to enable the stay of that army, till the kingdom of England should sand further supplies for their subsistence.  
Concerning the powers for making of this Treaty, the Committee of Estates of Scotland had full and ample power to Treat, agree, and conclude in all things concerning that Army: And that no doubt may remain here,( if any be) it was the same Committee that did authorize the Covenant and Treaty for England, and had a general power concerning the whole affairs of the kingdom.  
As to the powers of the Commissioners for the Parliament of England, they had credentiall Letters, signed by the two Speakers in the name of the two Houses of Parliament: Which Letters say, That the Houses had given their Commissioners ample power to negotiate, treat, and conclude; and do desire the kingdom of Scotland to believe whatsoever they should propound. And again, the Houses in their answer to the kingdom of Scotland, sent by Master Meldrum, say, That they have enabled their Commissioners with ample instructions in their names to treat, agree, and conclude all Questions, Doubts, and Demands concerning the arrear and future pay of that army, and the continuance or removal of the same. And( although we are not obliged to inquire after their particular instructions, when their power in general is so ample) they have by their instructions express power for settling the accounts of that army; concerning the proportion of the supplies to bee sent to them, and the time of payment is left to their judgement: Concerning the managing of the War in Ireland, they are expressly authorised, presently to settle the same to be done by the joint advice of Committees of both kingdoms, for preventing the evils and mischiefs that else might fall out, and are onely to make known to the Houses what they do, which is required at the hands of all that are entrusted by any Prince or State, bee their power never so great. And of this power the Commissioners of the Houses did not make the strict use, but agreed upon an alternative, leaving it to the Election of the Houses of Parliament which to choose, the stay of the army in Ireland, upon performance of the Conditions they were appointed to offer; or let the army come from thence to bee a part of the Scottish Army that was to be sent into England. And what could the kingdom of Scotland do more then this? What was in their own power to determine as they pleased for the interest and good of their own affairs, they leave it to the determination of their Brethren to choose either of the two, as they thought most conducible for the affairs of England.  
As to the Treaty and conditions thereof, the Estates of the kingdom of Scotland, and the Commssioners of the Parliament of England, having taken into consideration the dangerous estate of the Affairs of Ireland, and the demands of the Scottish Army, to be forthwith transported out of Ireland, or otherwise if they be desired to stay, that they may have a considerable supply of money, and other necessaries presently furnished unto them, assurance given for their future pay, the British joined with them, and a course settled for managing the war.  
They agree upon 7. Articles, which may be drawn into three heads: First, that the army shall stay in Ireland till the first of February, and to enable them, there shall be presently advanced by the Committee of Estates and the English Commissioners 10000. suits of clothes, 10000. pair of shoes, 10000. bolls of meal, and 10000. l. in money, and the accounts of the army shall bee presently made up and concluded. 2. They agree upon an alternative, That betwixt and the first of February, 50000. l. shall be really payed and delivered to the army, that assurance and security shall be given for their future monthly pay, That he who commands in chief over the Scottish army, by joint advice of both kingdoms, shall command the rest of the British forces in Ireland, and that the war shal be managed by the joint advice of Committees of both kingdoms: and in this case the army shall be obliged to stay, but in case these conditions shall not be really performed, that then the army shall be transported upon the Parliament of Englands charge to such parts of England as they shall receive orders for from the General of the Scottish Army, and shalbe maintained according to the same establishment as shall be appointed for the Scottish army, and the Parliament of England to stand still obliged for their whole arrears according to the Treatle of the 6. of August.  
It was agreed, that whether they stay in Ireland or come from thence, 5000. arms should be sent unto them.  
The first and last of these are agreed upon without any reservation, and the second is agreed on by way of alternative, leaving it to the election of the Parliament of England, which they should think fit to choose, yet so as by this treaty they are positively obliged to the performance of one of the two, wherein the words of the Treaty are very emphatic, when upon a narrative of the former extremities of the Army, it says, It is therefore now agreed, &c. The conditions are mutual, the kingdom of Scotland persuades the Army to stay upon such and such conditions, whom they might have made use of for their own service; and further, they become surety for England that these conditions shall bee performed. The Army thereupon engage themselves, and according to the custom observed in that kingdom in the like cases, enact themselves to stay according to the conditions and terms agreed upon, and a copy of the Act was delivered to the English Commissioners upon the other part, as was demanded by the Army, and offered by the Houses of Parliament: the kingdom of Scotland is interested in the managing of the war during the stay of their Army, and such course is settled as may enable them to prosecute the war according to the Covenant. This is all the new obligation on Englands part, as for the supply of moneys and other necessaries in this particular, the agreement is made much for Englands advantage; for whereas they were obliged by a former treaty for present payment of the whole arrears, the Army is persuaded for the present to accept of the 5. or 6. part of their arrears, and that not to bee paid till two months after the treaty. This is the sum of the agreement wherein Scotland, formerly bound by no such condition either to England or to the Army, now engage themselves to both and for both, upon conditions reciprocally to be performed by the kingdom of England; Here is a quid pro quo, and what thing essential to a treaty is deficient, Obligatio oritur ex contractu, vel quasi, contractus ex consensu reliteris, verbis, and all these are here, nay, what formality is wanting, for this Treaty is signed by the Clerks of both kingdoms, and ratified by the Parliaments of both respectively: It hath al the names that can be desired, for it is called by the Houses a Result, an Agreement, a Treaty, A transaction between the Kingdoms, and if there were any formality wanting, whereunto we did not look so narrowly, nor stand upon, after such a Covenant, & our engagements to stand and fall with this kingdom; the less Ceremony in such an exigent there was the more confidence, and consequently there ought to be the stricter performance, ubi majorsides ibistrictior observantia, and it is to be considered, that in Treaties between Nations, formalities are different, and as there is no law of Nations concerning formalities and circumstances of Treaties, so there is no agreement or constant practise about them between these kingdoms in particular.  
Before wee speak of the confirmation and performance of this treaty we shall premise two things. First, that propositions were framed by the Committee of Estates of Scotland and the Commissioners of both Houses, the 25. August 1643. concerning the sending of an Army into England, in the preamble of which, it is expressly set down, that these propositions were to be certified with all convenient speed to the two Houses of the Parliament of England, and the Convention of Estates of Scotland, to bee respectivelie taken into their considerations, and proceeded with as they shall find cause, which expressions are not set down in the preamble of these Articles of the 28. November, 1643. Onely because there is an alternative in the Treaty, therefore they are to be presented to the Houses who had power to make choice of the stay of the Army, or of their removal at the first of February, according to the respective conditions mentioned in the Treaty, but are positively obliged to the Election of one of two, as may appear by these words, ( It is agreed, and it is now agreed) prefixed to the several articles, which is not done in the propositions of the 25 of August. Secondly, that upon the 22. of january 1642. the Commissioners of the kingdom of Scotland then residing here, having received a Proposition from the Committee of both Houses for transporting to Ireland 2500. men then on foot in Scotland, declared they had no instructions so to do till the closure of the Treaty, but were content to offer some propositions to the Houses of Parliament, which being granted, they would represent the desires of the Houses to the council of Scotland; and upon the 24. of january, these propositions being presented to the Houses, they did agree unto them, and upon the 26. and 27. of january, they were approved by his majesty: these were only Propositions, and propositions to be presented to the council of Scotland, yet after they were consented unto by the council of Scotland, it was an obligatory agreement between the kingdoms. We now come to the confirmation of this Treaty, which being agreed upon at Edinburgh, and signed by the Clerks of the Committees of both kingdoms; The English Commissioners upon the 30. of November, dispatch away the same to the Houses, with a Letter, wherein they show the dangerous estate of Ireland, and that in case of the coming away of the Scottish Army, that kingdom would be resigned up into the hands of the Rebels, that the Parliament had enabled them to promise, but not to perform, or words to that sense: and the Committee of the Estates of Scotland gave instructions to their Commissioners, about that time repairing to London, to desire the Parliament of England to confirm that Treaty, and speedily to perform the conditions therein agreed upon; and accordingly the Commissioners of Scotland so soon as they come to London, and a Committee was appointed by the Houses to Treat with them, gave in a Paper upon the 17. of February, to be presented to the Houses for that purpose; and upon the 9. of March, both Houses confirmed the 1, 2, 4, 6, and 7. Articles, whereof that of the managing of the war is one, and in ratifying of the 6. Article, the Houses do expressly call it a Treaty. Further, the Houses in answer to the Paper of the Commissioners of the kingdom of Scotland, appoint the Committees of both Houses, to deliver these Votes of the 9. of March, as their consent to the 1, 2, 4, 6, and 7. Articles of the Result of the Committees of both kingdoms, which was done accordingly. Concerning the 3, and 5. Articles they return this answer, That the extremities and wants of this kingdom were so great, as though they used their endeavours to provide, that 10000. l. present, and 50000. l. in February, yet it was not come in, but they hoped within some short time to do it. And because in this case the Scottish Army was not obliged to stay, as is agreed upon expressly in the 5. Article: for preventing their coming away, the Houses do desire the kingdom of Scotland to co-operate with them so far as lieth in their power, to keep the said Army in Ireland, for the prosecution of the war against the bloody Rebels: And do promise, That so far as is possible for the Parliament of England to do for the speedy providing of the 60000. l. and settling of a course for their future pay, they will apply themselves thereunto with all readiness and care: in the mean time the 50000. l. not being payed to the Army at February, according to the agreement: The Army gathers together the Ships, and Barks in those parts, presently to transport themselves; and before it was possible for the kingdom of Scotland to give any stop, three of the Regiments landed in Scotland, in a very mutinous posture, with intention to levy moneys upon the kingdom of Scotland for payment of their arrears. And on the other hand there were great grievances amongst the people, by reason of the great taxes and burdens laid upon them, for raising and maintaining the Army sent into England, and for relief of the Army in Ireland, and particularly by reason of the Excise, which being a thing which wanted the practise of former times, and onely for the maintenance of Armies in other kingdoms, occasioned no small disturbance amongst the people, as the Commissioners of the Parliament can bear witness. But notwithstanding all these difficulties( whereof we hope the Honourable Houses will never be forgetful) The Estates of Scotland being very desirous, so far as was in their power, to co-operate with the Parliament of England for the stay of that army, forthwith gave power to their Committees( a thing very unusual in that kingdom, even in the greatest exigents) to call before them all persons that were able of themselves, or by their credit, to lend or raise moneys, and to require and ordain them to lend or give security for such sums of money as they conceived to be proportionable to their estates. And with power to these Committees, in case of refusal, to take such course with them, as in so urgent a necessity they should think fit, to make them advance moneys, as is before expressed. And by this means a considerable proportion of moneys and provision was forthwith sent to Ireland to move them to stay, which they did accordingly. About the beginning of April, by the report of Master trail, and Letters from Scotland, these things were made known to the Houses, and that the army had thereupon condescended to stay, notwithstanding they had received no supply from England for 20. moneths together. This was also recapitulated in a Paper of the 3. of April by the Commissioners of Scotland, who upon these considerations, press the further resolution of the Houses about the 3. and 5. Articles of the Result of 28. of November, showing that they had no power to do any more or otherwise then was therein agreed: and withall desiring the Houses, in case any emergent necessity of business here should interrupt the accomplishment thereof, to declare the resolution according to the 5. Article of the Result, and in a Paper of the 6. of April, the Commissioners of the kingdom of Scotland do positively desire the Houses to take into consideration the present supply and future subsistence of that army, or of transporting and disposing of them otherwise to the good of both kingdoms, and of giving their last resolution concerning the one or the other, to the Convention of Estates and to the Army, now after four moneths attendance upon their answer, since the conditions were agreed upon at Edinburgh, whereupon the Houses on the 11. of April, resolve and promise, That by the 15. of May, 30000. l. should bee provided, and the remainder thereof by the last of june: and say it is that whereupon the army may depend, and for the future maintenance of the Scottish and British Forces, that 4000. l. should be payed monthly to the Scottish Army, and the like sum monthly to the British Forces, and the surplusage due to the Scottish Forces, according to the Treaty over and above the said 4000. l. monthly, to be secured to them upon the public Faith. Concerning the Commander in chief; they declare that the earl of leaven is Commander in chief of the British, as well as Scots, according to the 4. Article of the Result of the Committees of both kingdoms, passed both Houses, which they mention in these Votes, as the ground obliging them in that particular, and desire his Excellence to appoint a Commander in chief in his absence: and for the managing of the war, they resolve that Committees be nominated, and appointed by the joint advice of both kingdoms to reside on the place for regulation of these Forces, and better carrying on of that war.  
Further, upon the 25. of May, the honourable Houses of Parliament wrote a letter to the Parliament of Scotland, acquainted them that they had ratified and confirmed the several Treaties made and agreed between their Commissioners and the Estates of Scotland, and it is their desire the same may be done by the Parliament of Scotland. Also they profess themselves, very sensible of the great wants and extremities which the Scottish army in Ireland hath born with much patience, occasioned by the manifold distractions and great necessities of this kingdom, 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: They likewise in that letter make known what they have done in pursuance of their resolutions of the 11. of April, and promise performance of the rest according to the said resolutions, by all which it is most clear and evident, that the Houses did choose the first part of the alternative concerning the stay of the Army, whereas if they had seasonably chosen the last part concerning their transport, the kingdom of Scotland had been free of a great burden of entertaining that army in Ireland, and needed not to have been at the charge of raising so many foot to bring into England. We come now to answer the objections, which as at the debate we desired to know, if we repeated them faithfully, so if there be any mistake now we shall upon information be ready to rectify the same.  
It is objected from the preamble of this treaty, that these were only propositions to be presented to the Houses, and so onely preparatory for their resolution, without any obligation of a treaty.  
To which we answer. That the reason of this was because the treaty consisted of an alternative, and it was left to the Houses to choose the one part of the alternative or the other, with the conditions therein expressed, but in all other things the treaty was then fully agreed upon, as may appear by comparing them with the propositions of the 25. of August, in the preamble of which it is clearly expressed, that the Parliament of England, or convention of Estates, may alter or change them as they shall find cause: but there is no such expression in the preamble of these, onely it is said they were agreed upon to be presented to the Houses, and these not as naked propositions, but as particulars already agreed to by their Commissioners, as is prefixed to the Articles, to the end they might thee confirmed: Only this was left free, that the Houses might make election of one part of the Alternative, and that it is not also to bee presented to the convention of Estates or Parliament of Scotland, is as clear, for that the Committee of Estates did not reserve a power to determine concerning the stay or removal of the Army, but left the same to the Houses of Parliament, upon the conditions expressed in the agreement, and therefore did finally conclude for their part upon the whole, the exigent being such as would not admit of a delay, till the meeting of the Parliament in May following, because things were presently to be performed in matter of supply and accounts, to persuade the stay of the Army till the first of February: And there was also a necessity of giving satisfaction to the Army presently, what should be their conditions, if they should be desired to stay after the first of February, and what should bee their conditions if they came away, which were then agreed upon by both kingdoms: Onely concerning the alternative there was no determination for the present on Englands part, it being at the desire of the Commissioners left to the election of the Houses. And whereas it was affirmed that these Articles were not obligatory, we leave it to the Houses and all understanding men to judge, whether this could have given any satisfaction to the Army to stay, or the kingdom of Scotland to engage, if it had been then said unto them by the Commissioners of the Parliament of England, We will make an agreement with you, but it must not be obligatory but alterable at the pleasure of the Parliament of England. But for a further answer, consider the propositions of the 24. of january 1642. these were onely propositions, and propositions to be presented to the council of Scotland alone, the Houses having already agreed, and the Commissioners of Scotland having declared they had no power in that particular, yet we believe there is none will say that after the council of Scotland had also agreed to these propositions, notwithstanding their consent, they were not obliged to sand the 2500 men into Ireland, or when Scotland had performed their part, that the kingdom of England was not obliged to perform the conditions agreed unto on their part, but might alter them at their pleasure; And how much more ought this agreement to be observed where nothing essential to a treaty, nor any necessary formality is wanting, seeing also the propositions of the 25. of August, that were unquestionably alterable by the Houses, are after confirmation esteemed a Treaty obligatory, and not alterable at pleasure of one of the parties, which we conceive to be essential to all Treaties made between Nations, or contracts between persons, &c. they being primo libertatis said postea necessitatis, free before consent, but not after, neither can it make any material difference, that the propositions of the 25. of August, were afterward signed by the Commissioners of both kingdoms, the authority being all one whether they be subscribed by Commissioners or Clerks of the Parliament of both kingdoms: for the agreement the 24. of january 1642. and the Treaty concerning the sending the Scottish Army into Ireland 6. August 1642. are only signed by the Clerks of the two Parliaments respectively.  
But says the opponent, It is acknowledged to bee a Treaty between the kingdoms, and to bee an agreement between the Kingdoms, but not a Treaty with such and such formalities, it is a Treaty in one sense, but not in such a sense as the other Treaties; they are obligatory, and this is not.  
1. This seems to us very strange Doctrine, since there is no law of Nations nor constant practise or custom between these Kingdoms, concerning the formalities of a Treaty, we never understood such a distinction of Treaties and agreement between Kingdoms before, as some obligatory and some not; and to tell us now, and never till now, two yeares and a half after the agreement, and after Scotland hath performed their part of it, that this is not a Treaty in that sense that other Treaties are; Whatsoever be the mindes of private persons, we trust it will be very far from the Honourable Houses of Parliament to approve of such a distinction: And how ever it may relish with some now, it would have been very evil rhetoric, the 28. of November 1643. to persuade the Scots Army to stay in Ireland, or the kingdom of Scotland to engage for their entertainment, to say in plain English, there are divers senses and divers natures of Treaties, some that are not, and some that are alterable at pleasure, of one of the parties, and that after their own confirmation and performance made by the other party. 2. Another objection was, that they are of the nature of Ordinances, and contain nothing which may imply the construction of a Treaty.  
To which we answer. 1. That the votes of the 9. of March, were delivered unto us by the appointment of both houses as their consent to the Articles of the Result and Treaty of the Committee of both kingdoms 28. of November 1643. and the Kingdom of Scotland is thereupon desired by the Houses to co-operate with them so far as was in their power, for stay of that Army in Ireland. 2. These Articles are ratified as things past of the same date. 3. The Committee of the Estates of Scotland are therein made undertakers and advancers of moneys and provisions, who can no way come under the power of an ordinance of the Houses of Parliament. 4. The votes of the 11. of April, do mention the Result of the 28. of November, passed both Houses as the foundation and obligation upon which they are grounded, and suppose it were an Ordinance, it being made to satisfy another Nation engaged in an agreement at their desire, and to answer the demands of an Army of strangers, whom they had taken on in their service, and for 20. monthes together left destitute of all manner of supply, we hope the Houses will not judge such an Ordinance alterable at pleasure. 5. We have no other confirmation of the propositions of the 24. of january, nor of the treaty of the 6. of August, but the votes of the Houses in the same manner.  
2 It was objected that in the propositions of peace formerly agreed on, all the Treaties are enumerated together and desired to be confirmed, and this Treaty is not there enumerated, but is name as an Ordinance.  
We answer. That at the framing of the propositions it was conceived inconvenient to present that whole Treaty to the King, because it would lay open too much to our enemies the wants and distresses of that Army, and in particular, it was conceived, not necessary to desire ratification of that part which looked to the time past, but onely what related to the future, which was mainly the Article concerning the Command in chief, and managing of the war. And it being agreed upon in the 17. proposition that the Militia of the kingdoms should be settled in Commissioners of both kingdoms, and that as a joint Committee, they should have power to order the war of Ireland, according to the ordinance of the 11. of April,( which is founded upon the result of the 28. of November, as is therein expressed) And further, to order the Militia, and conserve the peace of the kingdom of Ireland, this was judged equivalent to the enumeration of it, amongst the other Treaties, and carried this further advantage with it, That it did avoid the inconveniences afore mentioned. This was the true reason of the omitting of it in that place, and provided that the 17. proposition may stand as formerly, we shall not desire this Treaty to be expressed any other ways, or in any other place: and why any mistake of expression in us, who did not then make such a difference( as now we have cause to do) betwixt a Treaty and an Ordinance, or votes reciting the substance thereof, and in the body of it mentioning the Treaty as the obligation on which it was founded, should be urged as an argument to prove this no Treaty, we cannot understand, sith the Houses of Parliament do allege that they are not only not obliged to expressions made in these propositions, but also may, and also have changed the most material things in these Propositions. Certainly if one of the kingdoms be not obliged to the matter or form of these Propositions, the other is not. But that it may sufficiently appear to the Honourable Houses, that wee have no other thoughts now then we had then, and so far as we know, was then also the mind of the Houses themselves: We desire that our Paper of the 28. of October, 1644. may be perused, which was delivered into the Houses immediately upon the concluding of the Propositions, and before they were sent to Oxford, wherein wee desire, that according to the 6. Article of the Treaty at Edinburgh 28. November, 1643. confirmed by the Houses in their Votes of the 9. of March, there be sent over to Carickfergus 5000. arms, for the use of the Scottish army, and an answer thereunto, the House of Commons do call it, The Treaty at Edinburgh, the 28. November, since confirmed by the Houses in their Votes of the 9. of March, and upon that reference the Committee of both Houses having conferred with us, and reported their opinions, both Houses gave order for furnishing of those Armies accordingly.  
4. Objection was, That the kingdom of Scotland did call from Ireland some of that Army for their own assistance.  
To this wee answer. 1. That when the Houses of Parliament desired the kingdom of Scotland to sand an Army into England for their assistance, their Commissioners gave in a Paper to the Convention of Estates in these words, [ And for the better encouragement of the kingdom of Scotland to this necessary and so much desired union, we are by both Houses of Parliament authorised to assure their Brethren, That if they shall be amnoyed or endangered by any Force or army, either from England, or from any other place, the Lords and Commons in England will assist them with a proportionable strength of Horse and Foot, to what their Brethren shall now afford them to bee sent into Scotland for the defence of that kingdom, and they will maintain a guard of Ships at their own charge upon the coasts of Scotland, for the securing of that kingdom from the invasion of the Irish Rebels, or other enemies, during such time as the Scottish army shall be employed in the defence of the kingdom of England.] And though this was particularly agreed upon by Treaty, yet it is well known to the Houses of Parliament that this was not performed, which considered, wee trust they will have a good construction of the calling away a small number from that Army, for their own necessary defence against a far greater number of Irish Rebels.  
1 It is provided by the large Treaty between the kingdoms, that in case any Armies be levied or neighbours wronged, as the kingdom of Scotland was in a great measure, by those barbarous Irish subjects of the crown of England, The Estates of the country by which it was done, are obliged to pursue, take, and punish the offenders with all rigour. And in case any of the subjects of any of the kingdoms shall rise in arms, or make war against the kingdom or subjects thereof, without consent of the Parliament of that kingdom whereof they are subjects, or upon which they do depend( which is expressed, because of Irelands dependence on England, under the which, it is agreed in that treaty to bee comprehended in all the Articles thereof) that they shall be held and demaind as Traitors to the Estate whereof they are subjects; and that State or kingdom is bound, and gives their public Faith to concur with the other to repress them, and if England was bound to sand Forces forsuppressing these Rebells, we might with far greater reason recall some of our own Forces to oppose those very enemies whom they were sent into Ireland to pursue.  
3. They were useless in Ireland, by reason supplies were not sent them according to the Treaty, to enable them for service there, and were better employed in delivering Scotland from those who had invaded that kingdom, for no other quarrel but for the assistance sent unto England, and in preventing an invasion of England, which the late earl of Montrose and the Irish Rebels professed and declared to be their main intention and design.  
A 5. Objection was, That the Committee of both Houses were appointed to Treat with the Scottish Commissioners here, about the ascertaining the entertainment of the Scottish Army in England; this was a Treaty, but what was done by the Committee of both Houses was not obligatory. We answer. That the Committee of both Houses had no power to Treat, agree and conclude, but only to Treat and report; yea, they were expressly limited not to make a Result, but appointed to report their opinions, with the reasons of the Scottish Commissioners apart: and where there is no power to make a Result, certainly there can be no Treaty; also the case is wholly different, as may be made easily appear, but because this argument was not insisted upon, wee shall insist on the entering of it.  
A 6. Objection was, That the Houses did delay the Ratification of the 3. and 5. Articles, and when they gave their resolution upon them, they varied the dayes for payment of the moneys, and did not ratify the 5. Article, as it was presented.  
Wee cannot see where the strength of this argument lieth, unless it be to commend the readiness of the kingdom of Sctoland, who in the interim furnished moneys and provisions to that army, and the patience of the Army, who notwithstanding all their former sufferings, did wait for these supplies so long after the time agreed upon in the Treaty. Concerning the not ratifying of the 5. Article, as it was presented, we are forced again to remember that which seems to be forgotten all along the debate, That there is an Alternative in the 5. Article, and the Houses could not ratify both parts of the Alternative, which are directly opposite, whereof the one doth concern their stay, the other their removal.  
A 7. Objection was, That there was no stipulation on Scotlands part, for by the treaty the 6. of August, the Scottish Army was obliged to stay in Ireland, and if the conditions be not mutual, and stipulatory, the whole foundation of this treaty is taken away.  
For answer. We desire it may be considered, that the Army, according to the Treaty, was to be monthly payed, and they were not obliged to stay till they were starved, though such were the patience of many of them. But which removes it beyond all exception or scruple the army had then, for about 16. moneths received no supplies from England,( which wee believe no age can parallel) and the Parliament of England, according to their instructions in july 1643. had declared, their own troubles did so increase, that they were not able to maintain them, and therefore desired the Estates of Scotland to withdraw them from Ireland, except a few to bee left for Garrisons, and offered all means in the power of the Houses for satisfying their Arrears, according to the Treaty the 6. August. Now being thus disengaged by the Parliament of England in August, and the Army thereupon willing to come away, they were not obliged to stay, when afterwards upon no●ice of the Revolt of the Parliaments Forces, and making a Cessation with the Irish Rebels, their stay was found necessary, and desired by England: Neither was the kingdom of Scotland at all obliged to entertain that Army, nor to sand them supplies, as they did engage themselves to do by this second Treaty, at the desire of the Parliament of England.  
It was lastly objected, That these Articles were of a divers nature, six of them are obligatory, as being grounded upon the Treaty of the 6. of August, but that concerning the managing of the war is of another nature, having no quid pro quo, neither was it the cause of the stay of the Army, and therefore not obligatory, and though the whole Articles were obligatory, yet the kingdom of England failing in performance to Scotland, the kingdom of Scotland was free to break on the other side, and there is an end of the Treaty.  
This of all other appears to be most strange, for it makes no difference between a Treaty and Common discourse, if one kingdom break to another, suppose it were in the least cirumstance, the other kingdom is by this tenet set at liberty to break in the whole, and so the Treaty to be for ever dissolved, as if it had never been. To this we shall answer no further, but that this argument makes a Treaty( which is a thing most sacred and inviolable to be kept between kingdoms) to be of such a nature as either kingdom may dissolve it at pleasure, without any reparation to be had, or account to be sought by the other, and consequently there is not, nor cannot be any obligatory Treaty between the kingdoms. To the first part of the Argument, that six of the Articles are obligatory and one is not. We answer, that by the Treaty of the 6. of August, the Parliament of England was obliged to pay the whole arrears of the Army, extending then to above three hundreth thousand pounds sterling, as may appear by the accounts signed, and concluded by the English Commissioners immediately after this Treaty, 28. Novemb. 1643. And in this new Treaty the Army was content for that present to accept of the 5. or 6. part of their arrears, and because they had been so often disappointed of what was promised them, they demanded this further security, That the kingdom of Scotland might be surety for Englands performance, which they had not in the Treaty of the 6. of August, some of these Articles are not at all mentioned in the Treaty of the 6. of August, as the 6. and 7. Articles, and the rest, though they may have the same matter with some Articles of the Treaty of the 6. of August, yet are they agreed upon in a different manner: And that it may appear that the 4. Article of this Treaty concerning the Command in chief, and managing of the war, is not altogether now, as this Objection seems to hold forth, we desire it may be remembered, that in the 3. Article of the Propositions of the 24. of january, 1642. it is agreed, That if it shall be thought fit that any Regiments or troops of ulster shall join with the Scots Forces, that they shall receive Orders from the Commander of the Scottish Forces, and in the 9. Article of the Treaty of the 6. of August, it is agreed that the inhabitants of all towns and villages in Ireland, where the Scottish army shall be, the Country people shall rise and concur with them, when the Commanders of the Scottish Army shall think fit for the service, and shall receive Orders and directions from them, and in the 10. Article of that Treaty, if the Scottish army shall join with any other Forces in Ireland, The general of the Scottish army, shall onely Cede to the Kings Lieutenant, his deputy, or any other who shall have the chief government of that kingdom, derived from the crown of England, and otherwise, the general of the Scottish army is to precede, and have the Command of all others: and when this Treaty was made, there was no other mean left for preserving that kingdom from utter ruin, but to join with the Scottish and British Forces under one Command for opposing the Cessation. And it is to be considered, that whereas by the which Article of the Treaty 6. of August, the prosecution of the war of Ireland by the Scottish army, is left to the judgement of the Commanders of the Scottish Army, as they shall think most expedient for the honour of the King, and crown of England, and only in the case of conjunction with the Kings Lieutenant, or Deputy by authority from the crown of England, they are to receive instructions from them in an honourable way, to whom he is onely to Cede, and to precede all others. By this new Treaty, the Commanders of the Scottish Army, subject themselves to the orders and directions of a Committe of both kingdoms, whereby their power is so far diminished and limited which it was not before. Also, this is onely to continue during the war, and is at an end, how soon a peace is settled, or that the Scottish army shall be satisfied and dismissed, whereof we shall be hearty content. Whereas it is said, there is not a quid pro quo, that hath been answered formerly, the stay of an Army after it hath been starved 16. monthes to save a kingdom, is a quid pro quo, the kingdom of Scotland, their sending supplies to that Army, is a quid pro quo, and for that which is said, that in the 5. Article it is expressed, that in case the 50000. l. be not paid in February, the Army would not stay. And therefore, the condition of the money was the cause of their stay, and not the condition for the managing of the war: It is no consequence, for it was expressly demanded by the army, and they would not stay so much, as to the first of February, without the conjunction of the British Forces, in manner aforesaid, because of the strength of the enemy, and therefore it was expressly agreed upon in the 4. Article, and that their stay is mainlie pitched upon the payment of the money, the reason is clear, because the mean of their subsistence is the primary condition, and necessary presupposed, as the cause sine quo non, to which the conjunction of the Forces and managing of the war is but secondary, and without it altogether unprofitable. And to conclude the whole debate, we desire it may be observed, that whereas by the Votes of the Houses it was appointed, that the Committee of both Houses should make it appear to us, that the transactions at Edinburgh 28. November, 1643. was no Treaty: It was acknowledged in the debates on Saturday, the 28. of March last, that these transactions were an agreement between the kingdoms, and a Treaty between the kingdoms, but not a treaty in such a sense as other Treaties that are obligatory: and in the debates on Monday following, it was acknowledged to be obligatory in some, but not in all the Articles thereof. To which we make this answer. That the Commissioners of the Houses of Parliament, had a general power to Treat, agree, and conclude, and in their Credentiall Letters given by the Houses to their Commissioners, there is no such distinction. 2. When the English Commissioners agree with the Estates of Scotland, they make no such distinction, nor is there any such distinction of divers natures or senses in the Articles, as they are set down and agreed on, nor can they admit of any other interpretation then is expressed in the Articles themselves. 3. There is no such distinction made, when these Articles are ratified and confirmed by the Houses: Had any such distinction been made known before the agreement, the time of the agreement, or the time of the confirmation( which without the clear expression of it, could never be apprehended by the kingdom of Scotland) there had been some colour for such an objection: but the Articles being agreed on by Commissioners, having full and ample power, the agreement being granted upon demands of an army, left at liberty to come away, and upon the offers and promises of the Houses, there being mutual conditions between the two kingdoms, and conditions being performed on Scotlands part, being ratified by the Houses, called by them, an Agreement, A treaty, an Assurance, that upon which the Army might depend, and the Votes of the Houses delivered to us, as their consent to this treaty. The kingdom of Scotland being thereupon desired by the Houses to co-operate for the stay of the Army, and a Letter being written from the Houses to the Parliament of Scotland, acquainting them that they had ratified the several Treaties between the kingdoms, we having still demanded the performance of it, as a Treaty confirmed by the Houses, and no exception made, but still acknowledged as a Treaty till now. Upon these considerations wee are confident the honourable Houses will never deny it to bee a Treaty, wherein we are the more confirmed, that the Committee of both Houses, having taken a day to answer our arguments, and after that another, made no reply, wee having also at the close of the debate offered to their Lordships; That if they had any further scruples or doubts, we were ready and confident to give them satisfaction, and withall desired, that if any other papers were made use of, concerning this business then we had seen, they might be Communicated unto us, that nothing might be wanting which might give the honourable Houses full satisfaction.  
FINIS.