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
Scotland and left no Forces in this Kingdome to oppose the Parliament that the Army here should have been instantly disbanded And could never have expected that the Kings Majesty to whom the Parliaments of both Kingdomes were to make their addresses for a safe and well-grounded peace should have been taken away by the Army against his will and still kept in their power to be carryed whether they please or forced to flye for safety If Scotland had apprehended that the least injury or violence would have been committed against his Majesties Royall Person or Monarchicall Government Nay if they had not received assurance from the Houses to the contrary certainly all the threatnings or allurements in the world could never have perswaded them to have parted with the King till all Armies had been disbanded and the peace of the Kingdomes setled It was our brotherly confidence in the Houses who are our fellow Subjects and the assurance we had from them that made us leave the King with them And their care of him and duty to him ought to be such as neither his Majesty nor we have cause to repent it And this we could not but declare to assert the truth and vindicate the honour and reputation of our Nation for out Loyalty hath ever been is and shall be dearer unto us then our lives and fortunes And the candor and integrity of all our Actions is a sufficient confutation of all the calumnyes and aspersions which malice or envie can forge against us We finde also these Propositions omitted viz. the Proposition for confirming the Ordinances concerning the calling and sitting of the Assembly of Divines the Proposition for Reformation of Religion in England and Ireland according to the Covenant And the Proposition for setling Unity and Uniformity in matters of Religion between the Churches of God in both Kingdomes according to the Covenant In place of all which we finde nothing but a meer shadow of Presbyteriall Government an externall Form of Discipline without life or power and a liberty granted for all sorts of Service and Worship of God and for the Exercise of all such Religious Duties and Ordinances as every person shall please and his own erroneous conscience shall dictate unto him for there is no other rule prescribed which opens a doore to Atheism to all Religions and to that which by abuse of the name is called liberty of conscience being indeed liberty of errour scandall schism heresy dishonouring God opposing the truth hindering Reformation and seducing others So in place of Uniformity in Religion which by Covenant both Kingdomes have sworn to endeavour there is here desired to be setled a vast difformity or multi-formity of Heresies and Sects which if the Lord in his mercy shall not prevent may produce the ruine of Religion in both Kingdomes which we have just reason to feare as for other reasons so when we consider the Declaration of the Houses of Parliament speaking of the design of the Popish and Prelaticall Faction to alter Religion in this Island of whom they say first Page 492. collection of Declar they resolved to impose a Popish Service-Book upon Scotland for well they know the same fate attended both Kingdoms and Religion could not be altered in the one without the other And in Answer to the Scots Declaration pag. 601. Whensoever the design to root out Religion shall be perfected in either Nation it will easily be accomplished in the other Religion being the band and foundation of the safety and happinesse of both And in August 1643. the English Commissioners declare to the Kingdome of Scotland that they are commanded by their instructions to put their brethren of Scotland in minde that the Popish and Prelaticall Faction that began with them about the yeare 1638 and 1639 and then intended to make way to the ruine of the Kingdome of England by theirs have not abated any part of their malice toward the Nation and Church of Scotland nor at all departed from their design of corrupting and altering Religion through the whole Island though they have inverted the manner of their proceeding conceiving now that they have an easier way to destroy them if they may first prevaile over the Parliament and Kingdome of England In which respect it is the desire of both Houses that the two Nations may be strictly Vnited c. And in another paper it is declared that what corruptions take root in the Church and Kingdome of England English Commissioners August 16â—3 will quickly spread their venome and infection into the Neighbour Church of Scotland Wherefore we cannot dissent from this Proposition And according to the trust reposed in us represent our just exceptions against it And first of all we think it very strange That the Houses of Parliament should desire an Act of Parliament to bee made for establishing Presbyterian Government and in the very same Proposition desire that it may bee Enacted that none shall obey that Act of Parliament but such as shall please to doe it 2. We observe that however it is pretended that Presbyterian Government is desired to be established as the Government of the Church of England yet it is only in effect a Liberty granted to all such as of their own accord will joyn in Presbyteriall Government and so amounts to no more then a Toleration of it 3. That this toleration of Presbyterian Government is many wayes limited as in the time for which it is to endure being only to the end of the next Session of Parliament after the end of this present Session which perhaps may be not above six Moneths And the Ministers and Elders are appointed by Ordinance of Parliament to exclude from the Sacrament only such Persons as the Houses have thought fit and no others though it be against their consciences so to do They are bounded with severall restrictions in their Meetings and Assemblyes and are not allowed the use and exercise of all the Ordinances appointed by the Word of God so as Liberty of Conscience is denied to them and granted to others For 4. An unlimited toleration for the time of endurance matter of worship and exercise of all Ordinances is expresly granted to all the Sectaries of the time whether they be Anabaptists Antinomians Arminians Familists Erastians Brownists Separatists Libertines or Independents yea it extends to those Nullifidians the Seekers to the new Sect of Shakers and divers others By all which the very foundation of Church and State is shaken and neare to be overthrown 5. The toleration here desired to be established is of that capacity and latitude as it may admit of many vile and grosse errours which have been condemned and cast out of the Church in former times and may be revived in England as if errours and heresies were of so precious a nature that men should be encouraged by Law to enquire after them and invited to maintaine them 6. This toleration is not only to the persons of those
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
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
reasons for the equity and expediencie of our desires But without a Treaty or giving reasons for asserting the lawfulness and expediency of the Propositions to be presented they may be esteemed Impositions 4. The King may have some just desires to move for the Crown and for himself As that he may have his Revenues and that he may be restored to his Royal Government which may be done with greater honor and satisfaction to him by a personal Treaty then otherwise 5. A personal Treaty with the King is the best way to beget a mutual confidence between Him and his Parliament It is the best way to cleer his doubts and to remove all difficulties and it is the absolute best way for giving and receiving mutual satisfaction 6. We cannot expect that his Majesty wil grant in terminis whatsoever Propositions shal be sent unto him nor can every thing in the Propositions be of that importance as that the not granting of it ought to hinder a Peace Neither wil the Houses of Parliament give ful power to their Commissioners to make alterations in the Propositions as they shal see cause upon debate Wherefore a personal Treaty with his Majesty at London is the most probable and expeditious way to remove or reconcile all differences There is one common obiection wherewith many are possessed and prejudiced against a personal Treaty with the King and his coming to London That his presence may breed division and continue our troubles And that when his Majesty desired to come hither from Oxford with freedome and safety it was thought unfit and denyed by the Houses and the Commissioners from Scotland But that argument now hath no force at all For the case of affairs the Kings condition and ours which were given for Reasons in that Answer to his Majesty are quite altered from what they were then Then the King had Armies in the fields he had Garrisons and strong holds to return to Now he hath none of these And his Maiesty offers a ful security against all hostility or danger can be expected from him by granting to the Houses the power of the Militia by Sea and Land during his Raign as is expressed in his Maiesties late Message from Caresbrook Castle And for a further answer we desire the Houses to remember that Reply to his Maiesties Message of the 11 of September 1642. Where after mention of their chief grievances they say All this notwithstanding as we never gave your Majestie any just cause of withdrawing your self from your great Councell So it hath ever bin and shal be far from as to give any impediment to your return Or to neglect any proper means of curing the distempers of the Kingdom and closing the dangerous breaches betwixt your Majesty and your Parliament according to the great trust which lyeth upon us And if your Majesty shal now be pleased to come back to your Parliament without your Forces We shal be ready to secure your Royal Person Crown and Dignity with our lives and fortunes Your presence in this great Councel being the only means of any Treaty betwixt your Majesty and them with hope of success And if they were esteemed Enemies to the Parliament and the Peace of the Kingdoms who advised the King to withdraw from his Parliament What estimation wil the world have of them who after such a Declaration wil not suffer him to return to his Parliament when he offers to cast himself into their Arms If so kind an offer shal be refused and the King driven to despair it is to be feared these Kingdoms shal be involved into greater difficulties then ever And therefore we do hold that the admitting the King to come to London with Honor Freedom and Safety and granting of a personal Treaty with his Maiesty upon such Propositions as shal be agreed upon by advice and consent of both Kingdoms is the most probable and only best means with hope of success for setling a wel-grounded Peace Having spoken of the readiâ—â—t means to obtain a just and lasting peace We shal next fall upon the Consideration of the Propositions which are to be the Foundation of our peace And the most compendious and succâ—â—â—t way to a good agreement and unanimous Resolution upon them is in the first place to consider and remove our differences which are chiefly 〈◊〉 Religion the Interest of the Crown and in the Union and Joynt Conceâ—â—ment of the Kingdoms We shall begin with that of Religion which for the incomparable Excellence thereof although it be amongst the last of these new Propositions deserves the preference It is the primum quarite the unum necessarium We ought to build the House of God before our own The Law of piety and true policy doth require that Religion which rendreth to God his due have the precedency And therefore upon debate before we went to the Treaty at Vxbridg it was agreed betwixt the houses and us that the Propositions of Religion should be in the first place and first Treated and Agreed upon before any Agreement upon any other Proposition And his Maiesty in his late Message from Caresbrook Castle begins at Religion as the best and chiefest Foundation for Peace Wherefore if this changing of the former Order and Method of the Propositions be only their Error to whom the reviewing of the Propositions was committed And if the Houses have not faln away from their first Zeal We desire that it may be rectified and the former Method keeped And so we come to the matter of the Propositions The material differences and alterations concerning Religion may be branched into the Errour of Omission and Deficiency and into that of Commission and Excess That which is left out is no less then the Solemn League and Covenant And shal the Covenant which is as Solemn a vow as Creatures on Earth could make to God in Heaven and the greatest tye betwixt men on Earth to which the most high and dreadful Name of the Lord God Almighty was interposed be offered up in a Sacrifice and buryed in the ashes of Oblivion Shal our Covenant for the Preservation and Reformation of Religion for the honor and happyness of the King and the peace and safety of the three Kingdoms and for the maintenance and defence of the Laws and true publick Liberties of these Kingdoms which was declared by both Kingdoms to be a fit and most Excellent means to acquire the favour of God towards both and likewise to Unite them and by uniting to strengthen them against the common Enemies of the true Reformed Religion and the Peace and Prosperity of these Kingdoms and which in all former Propositions was desired to be established be now dâ—leâ—ed as unworthy to take room amongst these new Propositions Shal the Covenant which both Houses did recommend to the Assembly of Divines to make a Declaration to all sorts of persons to take it as that which they judged not only Lawful but exceeding expedient and necessary for
all that wish wel to Religion the King and Kingdom to ioyn in and to be a singular pledg of Gods gracious goodness to all the three Kingdoms we say shal that Covenant be layd aside Shal our mutual and solemn League and Covenant subscribed by the Parliaments of both Kingdoms by the Assembly of Divines by the City of London and which not only they but all Scotland and many thousands in England and Ireland with hands lifted up to the most high God did swear That they shal not suffer themselves directly or indirectly by whatsoever combination perswasion or terror to be divided and withdrawn from that blessed union and conjunction whether to make defection to the contrary part or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdoms and honor of the King but shal all the days of their lives zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever and that they shal do all this as in the sight of God Shal that Covenant even with those that took it be already out of date and not so much as remembred amongst the Propositâ—ons of Peace Yea it is not so much as mentioned in these new Propositions except in the 7 Qualification of the 14 Proposition where it is only made a hook to catch some into the Notion of Delinquency But perhaps there it escaped the Revisers of the Propositions who in all other places have exploded it It is answered by some that by one of the Propositions it is craved that an act of Parliament be passed declaring the Kings approbation of the making of the Treaties between the Kingdoms of Scotland and England in which Treaties there is mention made of the Covenant And therefore it is not necessary to desire a particular Confirmation and Establishment of the Covenant To which it is briefly Replyed first that there is no Proposition for passing any Act of Parliament to confirm the Treaties between the Kingdoms as was desired in all former Propositions but these words are purposely changed and in place thereof there is only desired An Act Declaring the Kings approbation of the making of the Treaties which in effect is no more then an act of Indempnity for making the Treaties and not an Act for confirmation and establishing of the Treaties themselves and those things which are expressed and transacted in them 2. Suppose there were an Act of Parliament passed for approbation of the Treaties between the Kingdoms in general which is not in these Propositions Yet such a generality would not be understood to be extended to the confirmation of the Covenant unless the particular Articles of the Treaty and the Covenant were expresly inserted because there was an express Proposition amongst the former that an Act of Parliament be passed in both Kingdoms for confirming and taking the Covenant which being now left out of the new Propositions without mentioning the Covenant cannot but he interpreted as a receding from the Covenant and the approbation and confirmation of the Treaties in generall after deleting the Covenant out of the Propositions would only be understood of the remaining Articles of the Treaties Therefore if there be not an intention to relinquish the Covenant Let us not be ashamed to avow it and insert the confirming of it as one of the chiefe and expresse desires of our Propositions Let us give testimony and beare witnesse to the truth and not deny it remembring that whosoever shall give testimony to Christ and his truth by confessing him before Men Math. 10 3â—.33 he will also confesse them before his Father which is in heaven And whosoever will deny him before Men them will he deny before his Father which is in heaven And seeing the Covenant was the soverain and only meanes of recovering these embroiled bleeding Kingdomes when the Houses were at their lowest ebbe and desired the Kingdome of Scotland Declarat delivered in Scotland Iuly 164â— to consider with what difficulties miseries and distractions they were enforced daily to wrestle even for the life and being both of Church and State Surely the despising refusing and casting aside that remedy would be the height of ingratitude must render the disease much more desperate and turn our former mutuall confidence into mutuall diffidence And therfore we desire that the Houses upon better consideration will still adhere to the Covenant and insert it among the Propositions And whereas the Kings aversnesse from the Covenant may be objected and that the desiring to have it confirmed may be a hinderance to peace We answer If the omitting of the Covenant in these Propositions doth really proceed from that principle that the Houses are desirous to please the King and to remove all obstructions that may hinder a peace We doe very much wonder that they are so liberall in the matters of God and so tenacious in what concernes themselves in all differences betwixt his Majesty and them in things Civill which may farre better be dispenced with But to answer the strength of the Objection We say That the Covenant being for the preservation and Reformation of Religion and for the true honour and happinesse of the King and his Posterity and for the peace and safety of his Kingdomes Whatever be the difference of his Majesties judgement We have just cause to insist to crave his Royall assent to it And the Kings heart is in the hands of God to turn it as the rivers of waters whither he pleaseth And although the King should deny it yet we ought to performe our duty And when his Majesty shall be convinced that our intentions in entring into this Covenant were and are pious and loyall and that our Actions doe evidence that we intend no injury to his Royall Person to wrong his Government nor to diminish his just power We hope God will incline his heart to give just satisfaction concerning the Covenant And though his Majesty shall not come the full length of our desires yet we must never depart from the Covenant nor leave off by all just wayes to promote it or desist from endeavouring by all lawfull meanes to procure his Majesties assent unto it But we desire that we may be rightly understood in this and not misconstrued as if our zeale for the Covenant did abate or diminish at all from our Loyalty and duty to the King for the Covenant doth not lessen or limit our allegeance as some would falsely slander it and those who sincerely and loyally took it or that upon difference of his Majesties judgement and not comming the full length of our desires in every thing he should be kept in prison or that Armes should be kept up now when the Warre is ended to burthen the Subjects and force the King to grant what they please to demand We were confident when our Army returned to
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