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 Râ—x And of later times Lawes and Statutes begin as â—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 maâ—iâ—â— 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 Lâ— Roy de Vene Le Roy Sâ—avisera so as it is câ—â—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 â—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 â—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 deâ—â—â—eâ—â—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
the Propositions at the Isle of Wight Or can it be looked for that Hee will give the whole and sole power of the Militia from himselfe and his Posterity to the Houses for their security and to bee disposed of as they shall think fit and have no security at all to himselfe nor any assurrance that he shall be restored to his Rights and Government It is much more probable that he will thinke he hath already offered sufficient security in his late Message from Carisbrooke Castle of the 16. Novemb. wherein he is content that all power of the Militia bee setled in the Houses of Parliament during his Raigne Neither is this way in our apprehensions for the good and safety of the Kingdomes that an Army holding such principles as they do concerning Religion and in relation to the setling the government and Peace of the Kingdomes and which without any known authority from the Parliament hath increased their number to neere the double of what they are allowed by order of Parliament and in their late Representation acknowledge their super numeraries to be about twenty thousand That such an Army we say shall be perpetually established when there are no forces to oppose the Parliament and that the subjects shall bee obliged by a Law for ever to submit to a Military power and pay what moneye shall be demanded for their maintenance whatsoever it may seeme to others to bee in our sence it doth neither agree with the rules of Policy nor Safety We did desire to see the foure Bills to be presented to His Majesty so much the rather that from the Title of the Bill for the Militia we perceive that it doth extend to the setling and maintaining of forces in the Town of Barwicke contrary to the large Treaty betwixt the kingdomes And we did represent that those Bills being assented unto by the King would bee a reall security and the making an Agreement for Peace which according to the Treaty betwixt the Kingdomes cannot be done without the mutuall advice and consent of both To which the Houses did yesterday returne as their Answer That the Priviledges Right and Custome of the Kingdome and Parliament of England is that Bils past both Houses to bee presented to the King for His Royall assent are not to bee communicated to any other whosoever either in relation to Matter or Forme before His Answer thereunto given And that there is nothing contained in any Article of Treaty betwixt the Kingdomes to the contrary Whereunto we make this Reply that the Bills mentioned in the 11. Sect. of the Propositions of Peace presented to His Majesty at Oxford in Anno 1644. were communicated unto us before they were sent to the King and upon perusall of them we did desire that nothing might be in those Bils contrary to the Covenant or the Reformation Vniformity to be setled Vpon consideration wherof the House of Commons gave us this answer That the Reformation Vniformity desir'd is alredy provided for in one of the Propositions to which nothing containd in those Bils could be any prejudice but should hereafter bee regulated as the said Reformation and Vniformity shall be thought fit to be setled Also the Bil for abolishing Episcopacy was communicated unto us and afterward debated upon by his Majesties Commissioners and the Commissioners of both Kingdomes at Vxbridge Wee thought fit to give these instances to shew that it hath not alwayes been the custome of both Houses not to communicate their Bills before His Majesties Answer were given thereunto Yet it is no wayes our desire to meddle with the framing of your Lawes or advising the forme of your Bils we shall ever be tender of any just priviledge of Parliament but that it should be said that there is nothing contained in any Article of Treaty between the two Kingdoms which requires the communication of the matter of any Bils is to us very strange It is agreed upon betwixt the Kingdomes that no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdome or the Armies of either Kingdome without the mutuall advice and consent of both Kingdomes Suppose the Houses of Parliament should turne all their desires for peace into Bils and should say that those Bils cannot be communicated to the Kingdome of Scotland either in relation to matter or forme Wee desire to know and let any rationall man judge whether this were not an eluding and cleare violation of the Treaty Neither can it in this case be a satisfactory Answer that the Houses of Parliament doe only send four of the Propositions in Bils to His Majesty for every one of the Propositions is a Proposition for peace and an Agreement made upon any one of them is an agreement for peace And which is much more there are none of the Propositions which in their owne nature doe so immediatly concerne the setling of a peace as these foure Propositions and what can be called an Agreement for peace if this bee not when the King by His assent shall justifie the proceedings of the Parliament in the â—â—te warre and make all Oaths Declarations Proclamations and other proceedings against it to be void when by Act of Parliament he shall settle the power of all Forces by Sea and Land into the Houses of Parliament and also to raise monies for their maintenance when he shall consent that all Peers made or hereafter to be made shall not siâ— or vote in Parliament without conserre of both Houses and when hee shall give power to the House to adjourne at their pleasure If then the Kings assent to those Bils be an Agreement for peace as we hope it cannot in reason be deny'd our advice and consent ought to be had therein before they be sent to the King and otherwise the Treaty is violated As we cannot agree to this way of sending these foure Bills to His Majesty for His Assent before any Treaty upon the rest of the Propositions so wee are extreamly unsatisfied with the matter of these new Propositions lately conâ—â—â—cated 〈◊〉 us for the reasons expressed in our Answer unto them which we doe herewith deliver unto your Lordships to be presented to both Houses of Parliament And we doe desire that they would take the whole businesse unto their further consideration and that there may be a personall Treaty with His Majesty here a◠〈◊〉 upon such Propositions as shall be agreed upon with advice and consent of both Kingdomes according to the Treaty By Command of the Commissioners for the Parliament of Scotland IO. CHEISâ—â—â— Decemb. â—7 164â— FINIS
the Church Government by Bishops intended in the paper of the Dutch Ambassadours both in England and Ireland and to hinder the setting of it up again in the Kingdom of Scotland All which being duly considered we are extreamly sory that the Houses of Parliament should not only have given way but countenanced the Army in their medling with the setling of the peace of the Kingdom authorized Commissioners to treat with them upon Propositions of peace which we take to be the reason that these Propositions are in so many things agreeable to the Proposals of the Army especially in matters of Religion and without all question it had been more agreeable to the Treaty betwixt the Kingdoms and to former professions and proceedings that the Propositions of peace had been framed and agreed upon with advice and consent of both Kingdoms We have known the Houses of Parliament formerly look upon it as an offence of a high nature for any other then themselves to meddle in the matters of peace especially the Commanders and officers of the Army though in prime place and of great and eminent fidelity making it only proper for them to be exercised in matters of warre according as they should receive direction from the Houses And much more would the Houses have been offended if any officers of their Army should have taken upon them to offer proposals to the King for setling a peace without authority from the houses as we are informed some officers of Sir Thomas Fairfax his Army have done If the Houses of Parliament had according to our earnest desire the third of March 1644. when they modelled their Army made choice of such officers as were known to be zealous of the Reformation of Religion of that uniformity which both Kingdoms are obliged to promote and maintain and if they had also renewed their Declaration made the twentieth of September 1643. That they could not confide in such persons to have or execute place and authority in the Armies raised by them who did not approve and consent to the Covenant or if their Ordnance on the 15 of February 1644 which appointeth all officers to be imployed in Sir Thomas Fairfaxes Army to take the National league Covenant of both Kingdoms within 20 days after they were approved by the Houses had been really put in execution we are very confident it would have prevented a world of inconveniences and evils which have ensued upon the neglect thereof Wee shall not further insist on this subject neither shall we inlarge our selves upon the proceedings of the Army But we must alwayes put the Houses of Parliament in minde that our greatest strength is in a good agreement with the King and a firme Union between the Kingdomes There is left out in these Propositions the Proposition â—â—â—â—erning the City of London whereby they were to have the Government of their owne Militia and the Tower and assurance that their Forces shall not be compelled to goe out of the City for Military Service without their owne consent An Act of Parliament confirming their Charters Customes Liberties c. And an Act that all the By-Laws and Ordinances of Common-Councell made or to be made should bee as effectuall to all inâ—â—â—â—â— and purposes as if they were enacted by Authority of Parliament with liberty also for them to repeale these Ordinaunces as they shall see cause These things were formerly desired in the Propositions in behalfe of the City because of their affection forwardnesse faithfullnesse and â—ealâ— in the common cause of both Kingdomes And we conceive our selves in duty obliged to desire that this Proposition may not be omitted but presented to His Majesty for His assent Concerning the Propositions for taking away the Court of Wards and Porrest Lands from His Majesty It cannot be â—â—pected when the Houses of Parliament shal take into their consideration the glory and greatnesse wherein their Kings have 〈◊〉 that they will ever take away or diminish any part of that â—atrimony and Revenue which is necessary for supporting the Dignity of their Royall place without giving a full recompence for thâ— same Touching the Proposition for salâ— and disposall of the Lands of Deanes and Chapters c. as the Houses shall think fit We have onely this to say that we have alwayes heâ—rd those lands were reserved by the Houses for maintenance of the Miâ—â—sterie and if they should be otherwise disposed of it will 〈◊〉 a great discouragement to faithfull Pastors make their subsistâ—â—â—â—â— to depend upon the benevolence and charity of their 〈◊〉 and give occasion to the people where Ministers 〈◊〉 wanting for lacke of maintenance to follow after Sectaries and Tâ—â—â— Preachers We desire to see the Ordinances for Indemnity mentioned in the Propositions And now to conclude we shall here set downe most of our desires Which are That there may be a Personall Treaty with His Majesty at London That the Preface may be the same as in the former Propositions That the Honourable Houses according to the solemne Vowes Treaties Declarations and Engagements between the two Kingdomes would after so very long delay establish the Solemne League and Covenant and that His Majesty be desired to give His Royall Assent for confirming the same by Act of Parliament in both Kingdomes That the setling Reformation of and Vniformity in Religion according to the Covenant in England and Ireland be likewise desired in these new Propositions And in particular that the Confession of Faith Directory of Worship Forme of Church-Government and Catechising agreed upon by the Assembly of Divines and presented to the Houses be established That by Act of Parliament effectuall Course be taken for suppressing Blasphemy Heresie Schisme and all such scandalous Doctrines and Practises as are contrary to the light of Nature or to the knowne principles of Christianity whether concerning Faith Worship or Conversation or to the power of Godlinesse or which may be destructive to Order and Government or to the Peace of the Church or Kingdome That the Ordinances concerning the calling and sitting of the Assembly of Divines be desired to be confirmed by Act of Parliament as in the former Propositions That the Proposition for confirmation of the Treaties betwixt the Kingdomes And all Ordinances and proceedings betwixt them be expressed as in the former Propositions And that the Treaty for the returne of the Scots Army of the Date of the 23 of Decemb. 1646. be inserted amongst the rest That His Majesties Assent be desired to what the two Kingdomes shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished And that all other things concerning joynt-Interest or the Kingdome of Scotland in particular which are omitted be inserted and expressed as in the former Propositions That Armies in both Kingdomes which were raised for preservation and Reformation of Religion And for defence of the Kings Person and safety of the Kingdomes be not kept up to hinder Reformation of Religion And
the King from His Government And to be a burthen to the Subjects since the Warre is ended but that they may have due satisfaction of their Arreares and be disbanded without which there can be no reall nor lasting Peace That all Armies being disbanded here speedy reliefe may be sent to Ireland That an Act of Oblivion which is the bond of Peace be agreed upon to be past in the Parliaments of both Kingdomes That the King be restored to his Rights and Revenues and particularly that the Crowne be not excluded from the power of making Lawes which is as essentiall to Kings as to governe by Lawes and sway the Scepter Nor from the power of the Militia without which they can neither protect their Subjects oppose their and the Kingdomes enemies nor keep friendship with their Allyes That there be a conclusion added to the Propositions promising our reall endeavours as was done in the Propositions Treated upon at Vxbridge that his Majesty may live in the splendor and glory of his Royall Progenitors as beseemeth His Royall place and Dignity That so all differences and troubles may end in mutuall confidence and rejoycing the King may enjoy the comfort of His Royall Consort and Children with other contentments And wee after so great distractions and long continued sufferings may reap the blessed fruits of Truth and Peace under his Government And as it is very far from our thoughts and intentions in expressing our Differences upon the Propositions to provoke or give offence so we trust that our freedome in discharge of the trust committed to us proceeding from our zeale to Religion Loyalty to the King and love to Peace shall receive a coâ—diâ— Interpretation from the Honourable Houses And that they 〈◊〉 in their wisedome not slight the desires of a Kingdome â—ho 〈◊〉 the time of Englands greatest danger esteemed no 〈◊〉 too hard for their Assistance And are now seeking nothing but the performance of the mutuall Obligements Declarations and Treaties betweene the two Kingdomes And to prevent the dangers which may cause upon the 〈◊〉 and 〈…〉 to solemne engagements The Houses of Parliament have frequâ—ntly professed that the chiefe end of their Warres was the Reâ—ormaâ—ion and establishment of Religion according to the Covenant And they have often Promised and Declared to the King and to all the World nâ—t without â—lâ—ep â—â—estaâ—â—â— of the Name of God that no trouble or successe should ever make them wrong or diminish the power of the Crowne which were the chiefe moâ—â—â—es and Arguments that indured Scotland to engage with them in this Warre Let therefore that be given to God which is Gods and to Caesar what is Caesars whereby it may be evident that you are not unmindfull of the solemne Vowes you made to God in the time of distresse for Reformation of Religion and it may also really appeare that 〈◊〉 advantages and power which 〈◊〉 put into your hands hath not 〈…〉 your Loyalty to the King And according to our many professions and neare 〈…〉 â—â—ally and coâ—â—â—â—â—ly cheâ—ish and strâ—ng then the Vâ—ion between the two Kingdomes under his Majesty by all the Pledges of reciprocall kindnesse 〈◊〉 so Religion and Righteousnesse may flourish and both Kingdomes languishing under the 〈…〉 and 〈◊〉 of an naturall Warre may live in 〈◊〉 plâ—nty By Command of the Commissioners for the Parliament of Scotland IO. CHEISâ—â—â— WEE 〈…〉 the Inâ—â—râ—ctions communicaâ—â—â—â— unto 〈…〉 in the 〈◊〉 wherein the 〈…〉 the King care 〈◊〉 present 〈◊〉 the 〈…〉 〈…〉 of 〈…〉 of 〈…〉 of Parliament 〈…〉 Procla 〈◊〉 〈◊〉 and 〈…〉 the Parliament to bee 〈…〉 or 〈…〉 to bee made and a new Proposition for the adjournments of both Houses To which Bills they are commanded to desire His Majesties assent by His Letters Patents under the great Seal of England and not otherwise And after His Majesties assent to those Bils the Houses of Parliament will send a Committee of both Houses to Treate with His Majesty in the Isle of Wight upon the remainder of the new Propositions To all which wee answer That although there be nothing which we more passionately desire then a happy Peace and good agreement with the King yet we cannot agree to this way of desiring His Majestyes assent to those four Bills before any Treaty with His Majesty upon other Propositions it being in our judgment neither for the good of Religion the King nor Kingdomes And first concerning Religion we say that in January 1645. it was agreed on betwixt the Houses of Parliament and us before the Treaty at Vxbridge That the Propositions concerning Religion the Militia and Ireland shall bee treated upon alteâ—â—s vicibus beginning first with the Proposition of Religion and that as it is of most excellency so it is to bee sought after and finally agreed upon in the fi st place before any finall agreement the 〈◊〉 upon any of the other Propositions Wee are very sure the Houses had far greater reason at that time to looke to their security and to desire the Proposition for setling the Militia to be first agreed on when the King had an Army in the field then now when they have a strong Army and he has none at all And upon the other part the danger to Religion is now much greater them aâ— any time before when men in Armes are demanding a toleration of all sorts of Religions Popery excepted And if first of all it should be agreed on that the continuance of such an Army shall be setled by Law wee desire it may be equally considered what good can be expected from a treaty upon 〈◊〉 or what hopes shall remaine of setling it according to the Covenant wherefore we cannot consent to the sending any Propositions or 〈…〉 a seâ—â—rity for â—â—â—ling Peace without Tâ—â—th which hath been acknowledged both by His Majesty and the 〈◊〉 all former Treaties or Messages to bee the best 〈◊〉 most 〈◊〉 foundation of a lasting Peace And we must still presse that there may be a preference of those desires which are for setling 〈◊〉 and the Goverment of the Church the want 〈◊〉 〈◊〉 the 〈◊〉 of the Sects and Heresies which doe multiply and in 〈◊〉 〈◊〉 daily to the disturbance of all Order and Peace both in Church and State As this way is not for the good of Religion so it cannot in reason be conceived that it shall bee acceptable to the King for how can it bee expected that he will grant those things for a personall Treaty whereof the issue is uncertain which he hath ever hitherto denyed even to obtaine a Peace especially when after all his Majesties earnest desires hee cannot bee admitted to come to London nor upon any tearms to have a Treaty here in respect the Houses conceive that the Kings presence with them at this time stands not with the safety and security of the Parliament and kingdome but that the Kings assent to the four Bills must be by Commission and thereafter a Treaty upon the rest of
in this cause especially since our said engagement in pursuance of the said Covenant have thought fit lest we partake in other mens sins and therby be in danger to receive of their plagues to set forth this our deep sence of the great dishonour of God and perillous condition that this Kingdome is in through the abhominable blasphemies and damnable heresies vented and spread abroad therein tending to the subversion of the faith contempt of the Ministry and ordinances of Iesus Christ And as we are resolved to imploy and improve the utmost of our power that nothing be done or said against the truth but for the truth So we desire that both ourselves and the whole Kingdom may be deeply humbled before the Lord for that great reproach and contempt which hath been cast upon his Name and saving truthes and for that swift destruction that we may justly fear will fall upon the immortall souls of such who are or may be drawn away by giving heed to seducing spirits In the hearty and tender compassion whereof We the said Lords and Commons doe order and ordaine That Wednesday being the 10. day of March next be set apart for a day of publike humiliation for the growth and spreading of errors heresies and blasphemies to be observed in all places within the Kingdome of England Dominion of Wales and Town of Berwick and to seek God for his direction and assistance for the suppressing and preventing the same And are these the waies and meanes that the Houses of Parliament have thought upon for suppressing Errors Heresies and Blasphemies to desire that a Toleration of them may be established by a Law Is the laying of a foundation to propagate Heresie and Schisme the best way to extirpate the same Are these the fruits and effects of their solemne Fast and Humiliation Certainly God will not be mocked The Covenant doth also oblige us mutually to preserve the Authority of the supream Magistrate the priviledges of Parliaments and firm peace and union between the kingdoms to all posterity And is it not visible that many of those Sectaries with their adherents and abettors doe by their pernicious doctrine and actions offer violence to the Kings person and Authority and against the rights and priviledges of Parliament So as there is not any one Article of the Solemn League and Covenant which is not in a high degree violated by them And shall a toleration be established for all such The opposing the Covenant and Reformation of Religion the dividing betwixt the King and his people or making any faction among the people contrary to this League and Covenant were formerly the characters of our enemies and whosoever mayntayn and doe these things though they should assume to themselves the name of Saints are still to be accounted Incendiaries Malignants and evill Instruments And we are obliged by Covenant with faithfulnesse to endeavour the discovery of all such that they may bee brought to publique triall and receive condigne punishment And though it be far from our intentions that pious and peaceable men should be troubled because in every thing they cannot conform themselves to Presbyteriall Govenment for we did never oppose such an indulgence to their persons as is agreeable to the Word of God may stand with the publick peace and is not destructive to the order and Government of the Church yet wee do from our very souls abhor such a generall and vast Toleration as is expressed in the Proposition And if the Houses which God forbid shall adhere thereunto and insist that it may be established We do protest against it as that which is expresly contrary to the Word of God utterly repugnant to the solemn League and Covenant destructive to Reformation and Uniformity in Religion altogether inconsistent with the Declarations and Professions of the Houses against the Treaty between the Kingdomes directly opposite to the example and practice of all the reformed Churches and as that which will unavoidably subvert all Order and Goverment and introduce a world of confusion Our mindes are astonied and our bowels are moved within us when we think of the bitter fruits and sad consequences of such a Toleration What horrid blasphemies against God! What vile abominations What pernicious doctrine to the subversion and perdition of souls What disobedience to the Magistrate What violation of duties between persons of neerest relation What differences and divisions in Families and Congregations it will bring forth What bitter heart-burnings it will beget and perpetuate to posterity Nay it is impossible for us to expresse what infinite distraction disorder and confusion it will make both in Church and State thorowout all the three Kingdoms And therefore wee do obtest the Houses of Parliament by the solemn League and Covenant which they have made in the presence of Almighty God the searcher of all hearts with a true intention to perform the same as they shall answer at that great day when the secrets of all hearts shall be disclosed and by all the promises professions and Declarations wherewith they induced the Kingdom of Scotland to an engagement and conjunction with them in this Cauâ—â— That they do not establish such an impious Toleration as cannot but draw down the judgement of God and make a rent between the two Kingdoms united by so many tyes and relations which wee desire to cherish and strengthen and to continue to all posterity That next to Religion wherein we differ in judgement from the Propositions is concerning the interest power of the Crown We are obliged by our Covenant allegeance and the duty of Subjects not to diminish but to support the Kings just power and greatnes The question then is wherein his royall Authority and just power doth consist And we affirm and hope it cannot be denyed that regall power and authority is chiâ—fly in making and enacting Laws and in protecting and defending their subjects which are of the very essence and being of all Kings And the exercise of that power are the chief parts and duties of their royall office and function And the Scepter and Sword are the badges of that power Yet the new preface compared with other parts of these new Propositions takes away the Kings negative voice and cuts off all Royall power and righâ— in the making of Laws contrary to the constant practice of this and all other Kingdoms For the Legislative power in some Monarchies is Penes Principem solum and their Laws are called Principum placita which is the highest and most absolute kinde of Sovereignty And in other Kingdoms and Monarchies the power of making Laws is by compact between the Prince and people or according to the constitution practice and usage of the severall Kingdoms In the last the power of the King is least but best regulated where neither the King alone without his Parliament nor the Parliament without the King can make Laws and where nothing enacted by the one without the consent of the other can