SOME PAPERS OF THE COMMISSIONERS OF SCOTLAND Given in lately to the Houses of PARLIAMENT Concerning the PROPOSITIONS OF Peace LONDON Printed for Robert Bostock dwelling at the signe of the Kings Head in Pauls Church-yard April 11. 1646. To the Reader Judicious and good Reader THe drawing up of Propositions for Peace to be sent unto the King for a long time hath taken up the thoughts and pains of those who sit at the stern and helm of affairs The delay of sending the Propositions of late hath busied the phancies and tongues of most men who do make it at this time the ordinary Theme of their discourses which every one frameth right or wrong as he is carried by interest but chiefly and mainly as he is lead by information reasoning to and fro he layeth the cause of the thus delaying to send Propositions to His Majesty upon those whom he thinks and giveth out to be the let Now seeing the great mistake of many well-minded men in this Point who taking things at the second hand without being able to dive to the bottome and ground of affairs shut at rovers and do not attain the mark For the better information of all those who love Truth and that faithful men with constancy to the Principles whereunto we are all sworn by our solemn Covenant and tyed to by divers Treaties Agreements and Results after so many debates conferences and mature deliberation be no more thus misunderstod as they are by some namely by those who are so much concerned to know the truth and consequently to reject the sinistrous reports raised and spred abroad against honesty integrity with constant faithfulnesse to the glory of God and good of his People I having clearly understood from very good intelligence the cause in hand do set it down here truely and simply as it is revera without any disguisement by stating the question otherwayes then it is indeed or by colouring it with affected words which I here present unto thee judicious Reader heartily for thy satisfaction with the Copy of three Papers given into the Houses of Parliament by the Commissioners of Scotland which the last day fell into my hands I pray thee to take in good part this weak expression for the publike good from him who constantly prayeth for the welfare of Jerusalem and wisheth thee to live in it happily and prosperously Adieu The state of the Question concerning the Propositions of Peace THe Commissioners of Scotland have for nine Moneths ever since the twentieth of Iune last pressed the sending of the former Propositions agreed upon between the Kingdomes presented to the King at Oxford and whereof the most materiall were afterward debated upon at Vxbridge The Houses of Parliament upon the sixth of August last in answer to the Scottish Commissioners declare That Propositions shall be sent speedily but that they intend to make some alterations After nine Moneths the Houses deliver to the Scots Commissioners upon the last of February some new Propositions The Commissioners of Scotland upon the 16. of Marchs deliver in their Answer to these Propositions wherein they observe that all the omissions additions or alteration made in the former Propositions are in those things which concerne the joynt interest and union of the Kingdoms Upon the 26. of March the Houses appoint a Committee to debate with the Scottish Commissioners concerning the differences which are chiefly these 1 Concerning Religion The Houses make a generall Proposition desiring the King to assent to what they have or shall agree upon concerning Reformation of Religion and concerning Uniformity in Religion as the two Kingdoms shall agree The Commissioners desire to know the particulars that after so long consultation of the Divines of both Kingdoms they may with knowledge and assurance consent to that Proposition it was answered the Houses had not resolved what particulars to send And the Commissioners of Scotland deny to consent till they be acquainted with the Particulars and take them into consideration 2 Concerning the Militia The Commissioners desire the former Proposition agreed upon between the Kingdomes and debated at Vxbridge to be sent especially because it doth neerly unite the Kingdomes The Houses in their new Propositions will have the Militia of the Kingdomes setled severally each Kingdome by it selfe apart The Commissioners desire such a conjunction at least as both may upon occasion joyne together for suppressing insurrections and opposing forraigne invasions The Houses will have the Militia setled in themselves from time to time without any limitation and not only the King but his Posterity and the Crowne excluded in time comming The Commissioners conceive it necessary that for the security of the Kingdomes the Militia should be so setled as the King may have no power to make these Kingdomes twice miserable but that this being a case extraordinary it should onely be for a time and as upon the one part they thinke it most dangerous that the Militia should after expiration of that time be setled in the King alone so they hold it very unsafe That the fundamentall Lawes of the Kingdom should be altered and the Crown for ever excluded from all interest right whatsoever but after expiration of such a time as shall be agreed upon the ordering of the Militia may be by King and Parliament according to the many Declarations of both Kingdomes See Collection of Remonst pag. 207 208. 728 729 730. c. and particularly of the Houses of Parliament who affirme it to be by the constitution and fundamentall Lawes of the Kingdome in King and Parliament together and onely in cases extraordinary when the King failes in his Duty the Parliament alone to provide for the security of the Kingdome 3 Concerning Ireland The Houses alleadge that the trans-actions between the Kingdomes made at Edenburgh 28. November 1643. are no Treaty The Commissioners make it appeare that it is a Treaty for that the English Commissioners had power to Treat agree and conclude Articles are drawn up and agreed unto which the Houses ratifie and confirme in their Votes of the ninth of March and eleaventh of Aprill 1643. In the same Votcs calling it a Treaty And Scotland performes their part of the Treaty makes their Army stay and advance to them a hundreth thousand pounds sterling at the desire of England who then because of their low condition were not able to send them any releife and now the Houses make question to perform their part of the Treaty to Scotland Lastly The difference is concerning foure Propositions formerly agreed upon between the Kingdomes and omitted by the Houses in their new Propositions They are 1. The Proposition that Peace and Warre shall not be made without consent of both Kingdomes 2. For education of the Kings Children by consent of both Kingdomes 3. For disbanding the Armies by consent of both Kingdomes 4. For an Act of oblivion by consent of both The Commissioners desire that either the Propositions concerning Religion the Militia
to make them twice miserable wherein we are ready most heartily to concurre So doe we thinke it is not their intention to divest the King his posterity and Crowne for all time coming of all power right and interest in the matter of Militia so as although they be never so willing to follow the advise of their Parliaments yet they shall for ever be incapable and in no time comming be admitted to joyne with the Parliaments for ressisting their enemies and protecting their Subjects the apprehension whereof may prolong the Kings answer and hinder his consent and as may easily be collected from the debates at Vxbridg may be interpreted to be a fundamentall alteration of the Government contrary to the resolutions and declarations of both Kingdomes and not so agreeable to the Covenant may be made use of by our adversaries for such an occasion of quarrelling as they never had before may be made a meane to bring the common cause and our cariage into contempt used by our enemies as a motive for provoking foreigne Princes and States to engage in a war against us both parts were provided for in the former Proposition upon the one part the exercise and execution of the Militia was not to be in the power of the King yet upon the other part were the Commissioners in whose hands it was to be trusted to have their Commission from King and Parliament and it was condescended upon at Vxbridge that the time should be limited to seven yeares and after expiration of that terme to be setled and exercised in such manner as his Majesty and the Parliaments of both Kingdomes respective should thinke fit but by this new Proposition the whole power is to be setled in the two houses of Parliament and the Crown altogether excluded from all interest in the Militia for ever which therefore requireth a new consideration There is another thing which we professe doth very much affect us that wheras in the large Treaty of Peace a Commission for preservation of the peace then setled between the kingdomes was judged most necessary and was mutually agreed upon and accordingly in pursuance thereof Commissioners were appointed by the Parliament of Scotland to whom the Houses of Parliament upon several occasions made their addresses to good purpose and whereas in the former Propositions severall Articles were set downe with mutuall consent for conserving the peace firmely and inviolably for all time to come yet in this new Proposition although the danger be no lesse and the necessity no lesse urgent there is not so much as mention made of any meane to be used or course to be taken for conserving the peace between the Kingdomes and betwixt the King and either of them but all passed in silence All which necessary considerations we offer to the wisdome of the honourable Houses that they may continue in their resolution to send the former Propositions as they were proposed at Vxbridge which will be free of debate are more likely to be obtained of the Kings Majesty and will serve more for the peace and good correspondence of the Kindomes especially that the conservation of peace for the future may be provided for To the 19. and 20. Propositions we doe agree To the 21. Proposition we do agree with this addition The like for the Kingdome of Scotland concerning the nomination of the Lords of the Privie Councell Lords of Session and Exchequer Officers of State and Justice Generall in such manner as the Estates in Parliament shall thinke fit The Proposition concerning the education marriage and choosing of the Tutors and Governours of the Kings children by consent of both Kingdomes is omitted in these new Propositions The Proposition concerning the making of peace or war with foreigne Princes and States with advice and consent of both Kingdomes is also omitted in these Propositions The Proposition concerning the disbanding the Armies by consent of both Kingdomes is likewise omitted The Proposition for passing an act of oblivion in the Parliaments of both Kingdomes is omitted Wee desire that the Proposition concerning the City of London as also the Propositions concerning Delinquents may be speedily delivered unto us that they may be dispatched with the rest Upon the whole matter If the houses of Parliament shall thinke fit for the present to send only the three Propositions concerning Religion the Militia and Ireland as they were proposed at Vxbridge we do agree But if they think fit that more Propositions be sent at this time we do desire that all the Propositions which concerne the joynt interest of both Kingdomes and are omitted in the new Propositions may be sent likewise although we are of the judgement that every particular and circumstance of the Propositions is not of so great importance to these Kingdomes as peace and warre should depend thereupon Having thus freely in such brotherly manner as the matter of peace doth require expressed our sense of the Propositions delivered unto us if there be any mistake on our part or if there be any point wherein the honourable Houses are not satisfied we are most willing and ready to give and receive all brotherly satisfaction by conference or otherwise in such manner as shall be judgeed most behovefull and expeditious and to give testimony of our true and earnest desires and readinesse to concurre with the honourable Houses in all such things as upon a friendly debate shall be found conduceable for procuring setling and propagating such a peace as we all desire for our common happinesse March 16. 1646. It is not unknown to the Honourable Houses of Parliament how long a time we have waited here in patience and silence for the setling of Church-government according to the Covenant and we our selves know for which we have many witnesses at home in the Church of Scotland how zealous we have been of the honour of the Parliament in this matter what hath been our care and industry to perswade and assure that although hope deferred might make the hearts of many to faint yet when the desire should come it would be a tree of life And that we were not to judge of the modell of Church-government in the Church of England and of uniformity with the Church of Scotland by some praevious and particular Ordinances of Parliament which were but parts of the building but were to expect the last Ordinance which would supply the defects of the former and by rearing up the whole house in proportion and beauty would in the end give to every judicious eye and zealous heart a full satisfaction We doe also with thankfulnesse acknowledge and remember the zeale of the honourable Houses in removing the Book of Common-prayer in abolishing Episcopall government and in other parts of of Reformation and that in the time of their greatest troubles and dangers which maketh their work the more acceptable to God and all good men Yet are we at this time necessitated by our Covenant our common interest and
publique trust to make remonstrance of two things most materiall and of greatest consequence One is that through the long delay of the setling of the true Government of the Church Heresies and Sects are so multiplied and Schism hath so much prevailed that if there be not in time a powerful remedy provided this Church after so many miseries of a bloody and long lasting War will be in worse case then the former was from which it was taken for a great happinesse to be delivered And 〈◊〉 Church of Scotland after their many sufferings in this Kingdom and at home in greater danger then it was in from the Prelates here whose usurpation was the beginning of all our calamities and vexation The Honourable Houses may be pleased to call to minde that in the large Treaty of the date March 10. 1641 the Commissioners of Scotland from the sense of the troubles of that Church arising from the Prelates of the Church of England did by many Arguments presse Unity in Religion and Uniformity of Church-Government in the three Kingdoms Unto which from the King Parliament joyntly a comfortable and hopeful answer was returned for obtaining their desire Thereafter in the yeer 1642 the General Assembly of the Church of Scotland seconded and assisted by the Lords of Secret Councel Did upon the same grounds renew the same desire And received from the Parliament of England not onely a Profession of their great contentment in the motion proposed with many thanks But also a large approbation of the motives upon which it was urged which were The more strict Union of both Kingdoms More safe easie and comfortable Government of his Majesty And both to himself and people more free communion in all holy exercise and duties of Worship More constant security of Religion against the bloody practices of Papists and deceitful Errors of other Sectaries More profitable use of the Ministry in drawing them from unpleasant and unprofitable Controversies to the pressing of Mortification and to Treatises of true Piety and Practical Divinity The making of way to the relief and deliverance of the poor afflicted Churches abroad c. All which are expressed in their Declaration and Resolution in answer to the Declaration of the General Assembly Together with a sad Complaint that the miserable Estate of this Church and Kingdom was not able to endure any longer delay And a desire that some godly and learned Divines might be sent from the Church of Scotland whereby the so-much-desired Unity and Uniformity might be obtained In the end the mutual and joynt desires of both Kingdoms were concluded and crowned with a Solemn League and Covenant now translated in other Tongues and known thorowout all Christendom which was taken as for other good ends so for endeavouring the neerest Conjunction and Uniformity in Religion and Church-Government and the extirpation of Heresie and Schism All which considered we may be bold to say without Preface or Apologie which about the like purpose the Houses of Parliament in that their Declaration judged unnecessary that it would be the sin and shame of the Church of England And the sorrow of all the Reformed Churches particularly of the Church of Scotland if after so many preparations and so Solemn League and Covenant is entred into for endeavouring the neerest Conjunction and Uniformity in Religion and Church-Goverhment and the extirpation of Heresie and Schism Not onely all sorts of Blasphemies Heresies and Sects which are now multiplied and Liberty of conscience which is pleaded for should have place But Unity and Uniformity in Religion which is so much preached and written against should be sleighted and the Covenant it self wrested and perverted to speak that which it never intended and which did not enter into any mans minde in the beginning Such a violence as the holy Scripture it self hath suffered from perverse and heretical spirits And this Church after so long a time further from Uniformity amongst themselves and with other Reformed Churches then they were at first when it was judged so necessary Against these so dangerous and destructive evils we earnestly desire the Honourable Houses to provide effectual remedy And we pray God so to blesse their endeavours that the ruine of Religion in both Kingdoms with the horrid consequences thereof which is the work of Satan and his instruments contrary to the Work of God and his Servants may while there is yet hope be wisely and speedily prevented The other material Point which we desire to offer is concerning the late Ordinance of Parliament 14 March 1645 with the Directions Aug. 19. 1645 which in discharge of their duty to God in pursuance of the Covenant and in thankfulnesse to God for his mercies They have after long consultation resolved upon And wherein there be divers evidences of the Piety and Wisedom of the Honorable Houses For which not onely the Church of England but the Church of Scotland and all the Reformed Churches have cause to blesse the Lord Yet it being acknowledged that there may be need of Supplements and Additions and haply also of alterations in some things And it being supposed that the advice of the Assembly of Divines wherein we have been assistant is had thereunto And we being entrusted by the Church of Scotland in matters that concern them so neerly upon their common Interest We have taken the freedom to present our thoughts concerning some particulars contained in the Ordinance First concerning the Subordination of the Assemblies of the Church to the Parliament We make no question but the Parliament is superiour to all the Assemblies of the Church in Place Dignity Honour and earthly power That Civil powers are the Vicegerents of God on earth And that Ministers are onely Servants and Ambassadours And that the Magistrate is Custos utriusque tabulae and may by his authority compel the Ministers and Assemblies of the Church to perform the duties which Christ requires of them Like as the Ministers are bound to render a reason and account of their proceedings to the Civil Powers with all humility and reverence We do onely desire that without diminution of or derogation unto the right and just power of the Parliament or Civil Magistrate the expression of Subordination may be altered Because it may suppose contrary to the meaning of the Parliament that the relation of one Church-assembly to another and of the Assemblies to the Parliament and of appeals of one to another are of the same kinde and in the same line as if the Civil power were not onely about matters of the Church and Religion But were formally Ecclesiastical and to be exercised Ecclesiastically Because some may interpret it to be such an Headship and Supremacy in the Church as sometimes was in the Pope and hath been retained in substance in this Kingdom As the fountain of the high-Commission and foundation of other corruptions contrary to the judgement of all such as have sought after further Reformation And because it is against