SOME FEW OBSERVATIONS BY THE COMMITTEE of ESTATES OF PARLIAMENT UPON THE DECLARATION OF THE GENERAL ASSEMBLY Of the last of July EDINBVRGH Printed by Evan Tyler Printer to the Kings most Excellent Majestie 1648. EDINBURGH 10. August 1648. THE Committee of Estates Ordains and Commands this Paper of their Observations upon the Declaration of the Generall Assembly to be printed and published And do seriously recommend to and require the Committees of War in the severall Shires and the Magistrates within Burgh to take exact course that with all diligence after it come to their hands it may be read upon the Lords Day at the Parish Kirk doors in the hearing of the Parishoners And that some of each Committee and Magistrates be appointed to see it done And published at all other places needfull within their severall Bounds and Jurisdictions ARCH PRIMEROSE Some few OBSERVATIONS made by the Committee of Estates of Parliament Upon the DECLARATION of the Generall Assembly of the last of June 1648. ALbeit the Offers of the Commmittee of Estates for securing of Religion hath not been accepted by the Generall Assembly at the suggestion of some dis-affected Persons Yet the Committee Resolves never to leave Persuing of their Duties for Preserving the same according to the Solemn League and Covenant But least by their filence they should seem to be satisfyed with the Papers presented to them by the Assembly the last day of July Entituled A DECLARATION c. of the 21. of July They thought fit to return for the present a very few short OBSERVATIONS thereupon Intending to emit a large Narrative of the Reasons and necessities of the present Engagement of this Kingdom in a War against the Sectaries in England wherein as they will Vindicate themselves from encroaching in any sort upon the Liberties of the Kirk So they resolve to assert and maintain the just power of the Civil Magistrate against all usurpation whatsoever All the Arguments brought to prove the Sinfulnesse and Unlawfulnesse of this Engagement are reduced in the Assemblies Declaration to four Classes 1. From these places of holy Scripture wherein the Wars of Gods people are called VVars of the Lord and that all things should be done to the Glory of God 2. From these places which discharge Association with the Canaanites Idolaters and wicked men 3. From these places wherein we have the example of the people of God seeking reparation by Treaty before they engaged in a War 4. From these places wherein Breach of Covenant is condemned for a great Sinne procuring Nationall Judgements To the first we Answer by acknowledging and beleeving that all the Wars of the People of God should be the Wars of God undertaken at the Command of these who have lawfull authority under God as were the Wars by the command of Moses Joshua the Judges and Kings of Judah And as undertaken by warrant from Gods Vicegerents So for an honest Cause for the glory of God But where as it is assumed that this Engagement is not such we deny it Because it hath the warrant of lawfull Authority The Estates of Parliament And the Cause being honest to do a Duty commanded of God to our Prince God is glorified by doing that Duty The releeving of our King out of Prison is a duty John 18 36. If my Kingdom sayes our Lord were of this VVorld then would my Servants fight that I should not be delivered to the Jews Our Lord suppones it was a common Dutie that Subjects should fight to preveen the captivity of their King And if a Warre be lawfull to preveen captivity Is it not lawfull to deliver him from that base captivity are we lesse obliged in dutie to our Native Prince then Abraham to his kinsman Lot who engaged in a Warre for rescuing him notwithstanding Lot had associated himself in Warre with wicked men The Sodomites Gen. 14. Are we lesse obliged then David and his associates to their captive wives who engaged in Warre for their freedom 1. Sam. 30. As for the duty of honour for performance whereof we have engaged our selves We beleeve it is a dutie commanded by God himself in the fifth Command Pro. 24.22.1 Ep. Pet. 2.16.17 We are forbidden to use our Christian liberty as a Clock to maliciousnesse for withholding or withdrawing Dutie Yea Pagans by the light of Nature reading the law of Nature which is from the God of Nature do use all honour to their Kings Yea holy Samuel undoubtedly zealous of Gods Honour notwithstanding he knew certainly by Divine Revelation that God had rejected Saul yet honoured him before the People 1 Sam. 15.30.31 To the second Classe of Arguments against associations with Malignants We answer 1. These places wherein association with the Canaanites is forbidden proves not the point for they were destinated to destruction Deut. 7.2 that Gods People might have that Countrey promised of old for their peculiar habitation We hope none pretend such a warrant for destroying all who differ in Religion from them That they alone may dwell in the Land or if any be of that judgement Let him speak it out in time 2. It would be considered that confidence and trust in these worldly helps are forbidden Did not the Generally Assembly in the year 1585. supplicate King James of happy Memory as is mentioned in the Assembly 1642 to command his Ambassador then going to England to deal with the Queen that there might be a bond of Union betwixt them and other Christian Princes professing the true Religion for the defence thereof against the persecution of Papists joyned in League by the bloody Decree of Trent And who doubts but many of these protestant Princes were Lutherians Did our fathers wrong in taking help from England then under Prelates and using the Service Book To withstand the French Persecution 3. There is a great difference in joyning with Strangers idolaters as the Kings of Judah sometimes did And Subjects obliged in a common Dutie living under one King 4. We declare as may be seen in our Declaration To this Kingdom and in our Answer to the Petitions of Presbyteries and Synods that we will associate with none but such as will engage themselves to be faithfull in the Ends of the Covenant and who do so cannot be reputed Malignants that is Popish and Prelaticall unlesse they be false Hypocrites And if at any time they manifest their falshood by their works in obstructing or opposing the Ends of the Covenant we have declared that through Gods assistance we shall do our uttermost endeavours to suppresse them To the third because there hath been no Treaty That is denied Because our Commissioners did for a long time represent wrongs and seek reparation as is mentioned in their Papers given into the Parliament of England and approven in this Parliament also a Messenger with our just and necessary Demands was sent to the Houses in April last yet by the prevalency of Sectaries no satisfaction is returned thereunto To the
fourth Classe of Arguments taken from the Breach of Covenant We grant that breach of Covenant is a great sin and pains needs not be taken for proving that which none denies But that by this Engagement as it is represented in our Declaration The Covenant is broken in all the Articles thereof Is more then can be well proven The breach of the first Article is instanced by an induction of three particulars quarrelling the doctrine of Ministers the disorders committed by the Souldiery in time of Divine Worship and the not answering the Petitions of Presbyteries and Synods Therefore we maintain not the Doctrine Worship and Government of the Church To the 1. Instance we answer neither Parliament nor Committee of Estates hath quarrelled any Ministers doctrine and though they should quarrel any in an orderly way for seditious doctrine were it any breach of Covenant for we are not bound to maintain any such doctrine but rather to censure according to several Laws of this Kingdom the Abetters thereof as disturbers of the publique peace Some Ministers have been conveened before us and challenged for seditious practises if any quarrell this we conceive they break Covenant which bindes them to maintain and not to quarrell the undoubted Priviledges of Parliament to judge by themselves or their Deputies all persons in causes Civill or Criminall To that we say no more but it is and shall be our hearts desire that all the Ministers of the Land may be alwayes able to say as Paul Act. 24 12. They found me not raising up the people neither in the Synagogue nor in the City To the second instance We answer Disorders in time of Divine worship are not owned by us When they are represented to us and duely instructed to have been such we shall according to justice censure them Disorders committed by some in England and lately in this Kingdom were never used as an Argument to prove the unlawfulnesse of these engagements And we wish there had been the like search in former times who knowes but it might have preveened insolencies and disorders at this time To the third we answer We did take pains and used all lawfull means to give satisfaction to their Desires It seems strange to us they should be both Petitioners and Judges of their own Petitions Yea suppose That For an uncontroverted Truth which is in question to wit That all your desires were just If our not granting all your desires infer We maintain not the Government of the Church May not we with as much reason in our sense conclude That the refusing of the just desire of the Committee of Estates given in by the Earl of Glencairn for granting us the space but of two or three dayes to propone our just exceptions against the proceedings of the late Commission of the Kirk before that the Assembly should approve their proceedings As also the refusing of that pious and lawfull desire of the Army for Ministers May we not conclude That this is not a course to maintain the just Authority of our Civill Government Wee wonder how any can carp at the limitation to maintain Doctrine c. as it is established by Law unlesse some would have us to maintain some innovations in Doctrine Worship or Government though not yet established by Law It appears also not to consist with ordinary charity to carpe at our harmlesse acknowledgement of the Kings goodnesse in establishing the Work of Reformation here yet we say far lesse then hath been acknowledged by the Assembly 1639 in their Letter of thanks to the Kings Majestie To the instances of breach in their second Article of the Covenant We answer to the first That the desire of the Queens return can be no breach of the Covenant unlesse the Covenant obliged us to remove the Queen and our Covenant dissolves not the Covenant of Marriage Withall Wee wish there may be no greater encouragements given to Sectaries to expect their long laboured for Toleration then Wee have or ever shal give either to the Popish or Prelatical party to hope for favour or connivence from us to their Idolatry and Superstition To the second Instance for breach of the second Article We desire our Answer to the 1. Argument may be repeated 2. Doing of a necessary and timeous duty to our King is a duty acceptable to God who commands it and will be a mean blessed of God for enclining the Kings heart from the sense of our loyall Endeavours to his duty for securing Religion These were our old Principles according to Gods Word from the which by his Grace We shall not depart To wit That as evil may not be done that good may come of it So must we not omit necessary duties for fear of bad consequents This is in Gods hand and the other is required at our hands As it is president presumption to do evil that good may come of it So it argues both disobedience to and distrust of God to omit duties for fear of consequents The Generall Assembly knows there is a difference betwixt a consequent in respect of Order of time and of causalitie The Honour and Freedom given by God to our first Parent in the State of Innocencie As it was not the Cause of his abuse of both which followed in time So the giving of both was Tree of all blame Besides we have declared we will not put in his hands any such Power whereby Religion or the Covenant may be endangered 13. pag. Declaration To the branch of the third Article in the first instance We answer That breach of Priviledge of Parliament and prejudice to the liberty of the Subject should be best known to Us who are both Parliament men and Subjects sensible of our own Libertie We desire it to be considered if the Kings Majestie should give his consent to an Ordinance for Toleration of Errours would not this greatly prejudice Religion in such a case were it not good He had a negative voice It is well known That Ordinance had been past into a Law if his Majesty had not refused it To the second Instance we grant the Civill power is subordinate to the good of Religion and it is a great sin in Kings to do otherwise but if Kings fail in Religion and in all things obey not Christs Ordinance that therefore their Subjects are not tied to obedience in things lawfull Is against Scripture The practise of the Jewish Church and the Confessions of Faith of all Reformed Churches To the breach of the fourth Article We desire our Answer to the second Argument be repeated To the breach of the fifth Article in taking the Frontier Towns in England We Answer there being a necessitie of engagement in War as we have shown and having certainly understood that a party of Sectaries declared Enemies to Religion King Kingdoms were to seize upon these Towns the very law of Nature that in necessity teacheth self-preservation by laying hold on these weapons whereof Enemies would
make use for our destruction allows it in such an exigent As the Kingdom of England hath experience of our Fidelity in rendring up to them the Town of Newcastle wherein we secured our selves for a time in our first Expedition So we intend and declare that after Religion King and Kingdoms are secured from that prevalent party of Sectaries we shall with the same fidelity render up these Frontier Towns what we have done consists well with the large Treaty betwixt the Kingdoms which we intend to keep inviolable on our Parts That Treatie was with the Kingdom of England but not with Sectaries Whereas it is insinuated the Parliament of England hath offered a Treaty We answer The Parliament and Wee who are authorised by them are onely Judges If their Answer be satisfactory And the truth is neither first nor last have they nor Wee received any satisfaction to the necessary demands of this Kingdom Nor so much as a Treaty offered to Us thereupon To the Breach of the 6th Article In our assisting or defending these that are not in the Covenant And that we will by this Engagement set our selves against faithful Covenanters in that Kingdom who wil never Consent that the King be brought to or neer London with Honour Freedom and Safety before he secure Religion To the 1. We Answer as before to the second Argument And with all desire it be considered That although we be quarrelled for assisting those that have not taken the Covenant yet no notice is taken so far as we know in any Church Judicatory of these perfidious Country-men who have gone to that Army of Sectaries under the Command of Lambert To the second We answer We expect better things of the faithfull Covenanters in England seeing the Parliament there in 1647. did invite the King to come to London with Honour Freedom and Safety which had been performed had they not been over-awed by the Army To the second instance for Breach of the 6. Article We answer We divide not from our first Principles but prosecute the same Ends of the Covenant Bare human Assertions prove little or nothing Wee have not withdrawn from any that adhere to publick Principles But if any walking upon private principles have separate from us They themselves know best they went from us because they were not of us Whereas much is spoken anent the probabilitie of light and judgement in the greatest part of the Ministers ' condemning this Engagement as sinfull and unlawfull Wee Answer the Argument is but humane and Popular and not from Scripture unlesse your infallibilitie could be demonstrated from the Word of God Such an Argument if admitted will prove Implicite Faith which if we should give to the word of man were indeed a Breach of our Covenant Let us also offer to your considerations our thought anent breach of Covenant if we had not Engaged I. Are Wee not bound by the 1. Article To endeavour the Reformation in Religion in the Kingdoms of England and Ireland If we should sit still and behold Sectaries defacing Religion that were far from endeavouring a Reformation there II. Are we not obliged by the 2d Article To endeavour the extirpation of Schisme and Heresie But to fold our hands and sleep in security while the Evil One sowes the Tares Is this to endeavour the extirpation No it is to give way to the rooting and spreading of Errour III. In the 3d. Artile we are obliged to maintain the Priviledges of Parliament and Liberties of the Subjects as also the Kings Person and just power in the preservation c. If we sit still Is not the Parliament overawed by an Army of Sectaries And to do nothing is a virtuall complying with Sectaries and strengthening of their hands Are we not bound according to the explanation in the Assembly 1639. to assist and maintain in every case which may concern His Honour If we do nothing for His Honour and Relief from that base and disgracefull Imprisonment Are we not guilty of Breach of Covenant and of that Duty we owe to our King by our Allegience which is not weakened but strengthened by the Covenant as is many times professed in our Declarations IIII. In the 4th Article we are obliged to discover and bring to triall and punishment Incendiaries Malignants c. As Malignants have been punished So are we not bound to bring Sectaries great hinderers of the work to condigne punishment Our Covenant binds us to endeavour for this V. In the 5th We are bound to preserve the Peace betwixt the Kingdoms and to set our selves against the wilfull opposers thereof either it must be avowed that the Army of Sectaries is no Enemy to the Peace of these United Kingdoms which we think none will professe or it cannot be denied but we fail if we oppose them not by an Engagement in War As the Church doth oppose them in their Ecclesiastick way VI. In the 6th We are bound to defend all that enter into this Covenant In the pursuing thereof but if we should lie by and suffer the faithful Covenanters in England to be still borne down by that Army of Sectaties Were not this a Breach of Covenant Wee desire these things to be considered impartially without prejudice of Self-opinions in judgement of Self-interest in Association which are the two moates that hinder the understanding to discern Truth in the simplicitie thereof FINIS