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A92615 Some papers of the Commissioners of Scotland given in lately to the Houses of Parliament, concerning the propositions of peace.; Proceedings. 1646 Scotland. Convention of Estates.; Buchanan, David, 1595?-1652?; England and Wales. Parliament. Proceedings. 1646. 1646 (1646) Wing S1346; Thomason E333_1; ESTC R200741 15,543 31

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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
the same in their votes of the 11th of April Concerning the command in chiefe these words were agreed upon That the Earle of Leven Lord Generall of the Scottish forces in Ireland being now by the votes of both houses agreed to be commander in chiefe over all the forces as well Brittish as Scotts according to the fourth Article of the result of the Committee of both kingdomes passed both houses be desired with all convenient speed by the advice of the said Committees to nominate and appoint a Commander in chiefe under his Excellency over the said forces to reside with them upon the place Concerning the managing of the warre it is agreed upon in these words That Committees be nominated and appointed by the joynt advice of both Kingdomes of such numbers and qualities as shal be by them agreed on to be sent with all convenient speed to reside with the said forces enabled with full and ample instructions by the joynt advice of both Kingdoms for regulating of the said forces and the better carrying on of that war And both these Articles were delivered in at the Treaty at Uxbridge and desired to be confirmed That according to these Articles Committees are now in Ireland from both Kingdoms for mannaging of the war That these Articles of the 28 of Novemb. 1643. are likewise ratified in the Parliament of Scotland and registred as a Treaty That the houses of Parliament in their votes of the 9 of March do in approbation of the sixth Article acknowledge it to be a Treaty That the votes of the 9 of March by direction of the houses were delivered unto us as their consent to the Articles of the said Treaty of the 28 of November and the houses in their Letter of the 25 of May did acquaint the Parliament of Scotland that they had ratified and confirmed the severall Treaties made and agreed between their Commissioners and the Convention of Estates of Scotland And that it was their desire the same might be done by the Parliament of Scotland which they did accordingly That these Articles were agreed upon between the Kingdomes when the Parliaments Army in Munster revolted from them and when the Scottish Army in Vlster had sent agents to the Convention of Estates of Scotland to declare that by reason of their extreame wants and sufferings occasioned by the want of their pay and necessary maintenance due by the Parliament of England they were resolved to leave that Kingdome whereby it would have been wholly lost to the Parliament of England if the Kingdome of Scotland had not interposed and by taxing great sums of money upon the Kingdome of Scotland and levying provisions had raised considerable supplies and sent them over for the present subsistence of the Scottish Army untill the Parliament of England should be able to send them further supplies which both Houses doe acknowledge in their said Letter of the 25 of May to the Parliament of Scotland and doe return their hearty thanks to the Kingdome of Scotland for their care of that Army and the great charge they have been at for their reliefe with provisions and money for their necessary subsistence Those Articles being treated upon by Committees of both Kingdomes both in Scotland and England being ratified by the Parliaments of both Kingdomes and by both acknowledged to be a Treaty presented with the Propositions of peace and debated at Vxbridge and having as much if not more of the formalities of a Treaty then the first Treaty concerning the sending of the Scottish Army into Ireland we desire this Treaty may be inserted with the other Treaties in this Proposition it being most reasonable the Treaty made and conditions agreed on for the continuance of that starved Army in Ireland should be of as great force and as well observed as the Treaty made for sending them over into Ireland As to the former part of the 14 Proposition we desire it may stand as formerly for the reasons above expressed And as to the later part now added we desire that all the Articles concerning the setling of Religion in this Kingdome may be extended to Ireland according to the Covenant The 15 Proposition concerning Delinquents we have not received To the 16 and 17 Propositions we do agree In the 18 Proposition we find so materiall differences from that which was formerly agreed upon concerning the Militia as may be matter of long debate what may be most conducible to the security of both Kingdomes and so retard the sending of the Propositions and loose the present opportunity of obtaining his Majesties consent before he be engaged in some other design which may be a ruine to himselfe and a matter of new trouble to these Kingdomes We desire it may be considered that the former Propositions according to the interest of both Kingdomes did settle a power in Commissioners of both Kingdoms for resisting all foraigne invasions and for suppressing of all forces raised within either of the said Kingdoms to the disturbance of their peace By which there was no place left either to arbitrary power or to any mistake or jealousie that could be raised or fomented between the Kingdoms or to any project of Incendiaries to divide the King from any of his Kingdomes or one Kingdome from another And we see no reason why that which at the framing of these Propositions was esteemed as a great service and a firme foundation of unity and mutuall confidence betwixt the Kingdomes should now be altered the reasons for preventing thereof being as strong as ever And this new Proposition containes nothing that may prevent those so great and obvious inconveniences but seems rather to argue a diffidence and jealousie to the weakning of that mutuall confidence which was laid by the former Propositions Further this new Proposition doth not provide how the Militia shall be ordered and disposed in the Intervals of Parliament although in another case by the 21 Proposition concerning the nomination of the Deputy or chief Governour of Ireland the Chancellor or Lord Keeper Lord Treasurer and other Officers and ministers of England and Ireland it is provided that in the Intervals of Parliament they shall be nominated by a Committee of Parliament And if it be intended that in like manner the Militia be ordered in the intervals of Parliament by a Committee of Parliament there is no objection can be made against the former Proposition for setling the Militia in Commissioners which will not be as full against setling thereof in a Committee for by the former Propositions the Commissioners were alterable from time to time by the Houses and to receive and observe their directions and instructions Wee conceive also as the honourable Houses upon consideration of the manifold troubles and distractions in these times have wisely and necessarily resolved for the safety and security of these Kingdoms so to settle the Militia as the King although he were willing be not able by involving them again into a bloudy warre
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