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A92525 The ansvver of the Commissioners of the kingdome of Scotland, to both Houses of Parliament, upon the new propositions of peace, and the foure bills to be sent to his Majestie. Scotland. Parliament. 1647 (1647) Wing S1180; Thomason E421_2; ESTC R203503 26,529 32

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have the force of a Law And although we will rather professe ignorantiam facti juris alieni then take upon us to judge of the Laws of another Kingdom yet it seems to be very cleer and evident by the practice and usage of all times by the Parliaments own Declarations and to be consonant to reason and law that the King without the Houses of Parliament or the Houses of Parliament without the King cannot enact any Laws but both joyntly And therefore the Lawes are sometimes called the Kings Laws sometimes the Lawes of the Land and Acts of Parliament And the form or Acts of Parliament sometimes begin with the word Concissinus or Statuit R●x And of later times Lawes and Statutes begin as ●ing enacted by the King with the consent and advice of the Lord Commons All which do in port the Kings power and consent as to the ma●i●● of Laws So that there can be no Law made and have the force of a Law without the King which likewise is cleer by the expressions of to Kings answers L● Roy de Vene Le Roy S●avisera so as it is c●●t from the words of assent when Statutes are made and from the words of dissent that the Kings power in the making of Laws is one of the chiefest jewels of the Crown and an essentiall part of Soveraignty And if the King had no power nor consent in making of Laws he would be lesse then a ●ubject Sometimes the Kings denyall had been better then his assent to the desires of the Houses of Parliament as when Kings have assented to the taking away the reading of Scripture from the Laity as Henry the Eight did or to introduce Popery as Queen Mary And since neither Kings nor Parliaments have the judgement of infallibility it must certainly be the best where Lawes are made with consent both of King and Parliament which is the strongest bulwark of the peoples liberty and supporter of the Kings authority And the King being King over divers Nations this form of constitution where neither the King without his Parliament nor the Parliament without the King can make Laws is a good and sure security to preserve his Kingdomes in peace from injuring one another and to protect the subjects from injury amongst themselves The Houses of Parliament pag. 710 of the Exact collection of Remonstrances and Declarations answering an argument against the Kings passing the Bill of the Militia make this Reply If we had said as wee did not that the King had been bound to passe all Bils that should be offered to him by both Houses of Parliament without any limitation or qualification of reason or justice yet such a supposition as this could not fall upon a Parliament much lesse that a King were obliged for to grant it And page 727 Wee did and do say that the soveraign power doth reside in the King and both Houses of Parliament and that his Majesties negative voice doth not import a liberty for his Majestie to deny any thing as he pleaseth though never so requisite and necessary for the Kingdom and yet we did not nor do say that such Bils as his Majestie is bound both in conscience justice to passe shall notwithstanding be law without his consent so far are we from taking away his negative voice Wherefore the power in making Laws even according to the Parliaments own Declarations cannot be taken away from the King and he required to assent to all such Laws as the Houses shall think fit according to the Preface of these new Propositions without a change of the Constitution and fundamentall Government os the Kingdom Concerning the power of the Militia Wee do desire and shall be willing to agre that it may be so setled as neither the King nor any other be able to disturb or infringe the peace now to be agreed upon And wee think that in his Message from Caresbrook-Castle he hath offered that which should be very satisfactory But that the King his posterity and the Crown should for ever be divested of all power and ●ight of the Militia is different from our judgements For if the Crown have no power of the Militia how can they be able to resist their enemies and the enemies of the Kingdom protect their subjects or keep freindship or correspondence with their Allies All Kings by their Royall office and Oath of Coronation are obliged to protect their Laws and subjects It were strange then to seclude the Crown for ever from the Power of doing that which by the oath of Coronation they are obliged to perform and the obedience whereunto falleth within the oath of Allegeance And certainly if the King and His posterity shall have no power in making Laws nor in the Militia it roots up the strongest foundation of honour and safety which the Crown affords and will be interpreted in the eyes of the world to be a wresting of the Scepter and Sword out of their hands It is very far from our desires that Monarchy should be at the absolute height of an Arbitrary and tyrannicall power Neither desire we Just Monarchicall power to be wronged and rendred contemptible But to have such a golden Mediocrity as they may be able to protect their subjects and oppose their enemies according to the fundamentall Laws and ancient constitution of the Kingdom Before the last propositions were sent to his Majesty at Newcastle both in verball debates and in our writings wee did shew That we were unsatisfied concerning severall particulars contained in those propositions particularly when we did consent that the power and exercise of the Militia should be setled in the houses of Parliament for a time wee did it with this provision that it were understood to be without prejudice to the right and interest of the Crown And that the King and His posterity be not totally excluded and rendred incapable to protect their subjects and oppose the enemies of the Kingdoms And farther when wee gave way to the sending of those Propositions wee did declare it to be our judgement that divers things craved therein were such as peace or warre ought not to depend upon the grant or refusall of them We ever did and must still hold it as a good rule in the making of a peace that the more moderate and reasonable our de●●●e●●e wee may expect the firmer peace Wherefore as in the difference betwixt the King and the Parliament wee think it very unjust to exclude the King from his Just power in the Militia so when we look upon the Liberty of the subject we think neither King nor Parliament ought to keep up an Army in the field when the warre is ended to the vaste expence and utter impoverishing of the people the trained Bands of the Kingdom which may be made use of with litttle charge and the forces which may be kept in some chief Garrisons being sufficient to suppresse any commotion or disturbance that is likely to
Sectaries and their families but gives a full liberty to set up their professions in any fit and convenient places that so Scandals Heresies Schismes and new Religions may grow in their kinds and also multiply in the number of Professours and Disciples as if there were not enough already 7. Though it seemeth that a provision is made that this indulgence shall not extend to the toleration of Antitrinitarians Arrians and Antiscripturists yet there is no more expressed but that this indulgence shall not extend to tolerate the Printing Publishing or Preaching such blasphemies and errours as they do maintain against God the Holy Trinity and the Scriptures They are not made lyable to any penalty and suppose penalties were imposed upon them for Printing Publishing or Preaching those errours yet they are by this Proposition left to a full liberty to maintain them in private to reason and dispute that there is no God that Christ is but an Impostor that there is no such thing as the Holy Ghost that the Scriptures are but like other writings blaspheming at their pleasure and seducing others to their opinions in secret All which and much more according to this Proposition may not be questioned and so in reality though not in pretext they shall be tolerated as well as others 8. Al protane and wicked persons are left at liberty by this toleration to doe what they please For they are not obliged to be subject to any Discipline or Government and so neither the duties of the first nor second table of the Law of God shall be observed but all sort of impiety and works of darknesse shall abound and such as hate the sincere worship of God in the Church may have the most unlawfull and wicked meetings elsewhere under a profession of religious exercises or Ordinances We might adde more exceptions against this Proposition But these we trust may suffice to make any that is but a little indued with the light of the Gospell and hath any love to the truth for to detest and abhorre such a toleration And now we desire the Houses of Parliament to remember their Remonstrance of the State of the Kingdome of the 15 of December 1642. where they resent it as a great injury that any should infuse into the people that they meane to leave every man to his own judgement and fancy for the service and worship of God and do declare that it is farre from their purpose and desire to let loose the golden reynes of Discipline and Government in the Church to leave private persons or particular Congregations to take up what kinde of divine service they please and hold it requisite that there should be throughout the whole Realme a conformity to that Order which the Laws enjoyne according to the word of God How consonant this toleration is to that Declaration we leave it to the Houses of Parliament and all wise men to consider and whether the danger of the true reformed Religion in these Kingdomes be not greater now then before the taking of the Covenant yea or since Christian Religion came first into this Island when toleration of all Religions the name of Popery only excepted is desired by the Houses of Parliament to be established by Law and the very Principles and Fundamentals of faith which under Prelacy yea under Popery it selfe were generally received as uncontroverted are now by many Sectaries of this time either oppugned or called in question There are divers other passages in the Declarations and Ordinances of both Houses to the same purpose but here we shall only mention one or two In particular we would have the Houses call to minde their Declaration and answer to the Lords of his Majesties Secret Counsell of Scotland and the generall Assembly of the Church of that Kingdome in the yeare 1642. where besides other expressions they use these words We acknowledge it an act of love to us and Wisdome for the good of both Churches for which we are thankefull both to God and them that our Brethren of Scotland have bestowed their serious thoughts and earnest desires for Vnity of Religion that in all his Majesties Dominions there might be one confession of faith one Directory for worship one publick Catechisme and one forme of Church Government And although it will hardly be obtained punctually and exactly unlesse some way might be found for a mutuall communication and conjunction of Counsell and debate in frameing that one forme yet both intending the same and proceeding by the same rule of Gods word and guided by the same Spirit we hope by Gods assistance to be so directed that we may cast out whatsoever is offensive to God or justly displeasing to any neighbour Church And so farre agree with our Brethren of Scotland and other reformed Churches in all substantiall parts of Doctrine Worship and Discipline that both we and they may enjoy those advantages and conveniences which are mentioned by them in this their answer In the more strict Vnion of both Kingdomes more safe easy and comfortable Government of his Majesty and both to himselfe and co●le more free communion in all holy exercises and dutyes of worship more constant security of Religion against the bloody practises of Papists and deceitfull errours of other Sectaries And having there made known their resolution to take away the Government by Bishops they desire some godly and learned Divines of that Church to bee sent to the Assembly of Divines here whereby an uniformity in form of Church Government may bee obtayned and one Confession of Faith one Directory and one Catechism may be setled in all the three Kingdomes Which desire was afterwards renewed to their Commissioners sent to Scotland and in end the mutuall and joynt desires of both Kingdomes were crowned with a solemne League and Covenant as for other ends so for endeavouring the nearest conjunction and uniformity in al these and for extirpation of Heresy and Schisme These foure yeares past the labours of many learned and godly Divines of both Kingdomes thereunto appointed have been spent in framing a Directory for worship which was long since approved and received in both Kingdomes a Confession of Faith a form of Church Government and Catechising all which have been presented to both Houses and some progresse was made therein toward the establishing of them till of late they were laid aside The Houses not many months since did appoint a solemn Fast and day of Humiliation to be kept throughout the whole kingdome because of the growth of Heresies Blasphemies and Schism The words of the Ordinance are these We the Lords and Commons assembled in the Parliament of England having entred into a solemn Covenant to endeavour sincerely really and constantly the reformation of Religion in Doctrine Discipline and Worship And the extirpation of Popery superstation heresie schisme prophanesse and whatsoever shall be found contrary to sound doctrine and the power of godlinesse And having found the presence of God wonderfully assisting us