the same in their votes of the 11th of April Concerning the command in chiefe these words were agreed upon That the Earle of Leven Lord Generall of the Scottish forces in Ireland being now by the votes of both houses agreed to be commander in chiefe over all the forces as well Brittish as Scotts according to the fourth Article of the result of the Committee of both kingdomes passed both houses be desired with all convenient speed by the advice of the said Committees to nominate and appoint a Commander in chiefe under his Excellency over the said forces to reside with them upon the place Concerning the managing of the warre it is agreed upon in these words That Committees be nominated and appointed by the joynt advice of both Kingdomes of such numbers and qualities as shal be by them agreed on to be sent with all convenient speed to reside with the said forces enabled with full and ample instructions by the joynt advice of both Kingdoms for regulating of the said forces and the better carrying on of that war And both these Articles were delivered in at the Treaty at Uxbridge and desired to be confirmed That according to these Articles Committees are now in Ireland from both Kingdoms for mannaging of the war That these Articles of the 28 of Novemb. 1643. are likewise ratified in the Parliament of Scotland and registred as a Treaty That the houses of Parliament in their votes of the 9 of March do in approbation of the sixth Article acknowledge it to be a Treaty That the votes of the 9 of March by direction of the houses were delivered unto us as their consent to the Articles of the said Treaty of the 28 of November and the houses in their Letter of the 25 of May did acquaint the Parliament of Scotland that they had ratified and confirmed the severall Treaties made and agreed between their Commissioners and the Convention of Estates of Scotland And that it was their desire the same might be done by the Parliament of Scotland which they did accordingly That these Articles were agreed upon between the Kingdomes when the Parliaments Army in Munster revolted from them and when the Scottish Army in Vlster had sent agents to the Convention of Estates of Scotland to declare that by reason of their extreame wants and sufferings occasioned by the want of their pay and necessary maintenance due by the Parliament of England they were resolved to leave that Kingdome whereby it would have been wholly lost to the Parliament of England if the Kingdome of Scotland had not interposed and by taxing great sums of money upon the Kingdome of Scotland and levying provisions had raised considerable supplies and sent them over for the present subsistence of the Scottish Army untill the Parliament of England should be able to send them further supplies which both Houses doe acknowledge in their said Letter of the 25 of May to the Parliament of Scotland and doe return their hearty thanks to the Kingdome of Scotland for their care of that Army and the great charge they have been at for their reliefe with provisions and money for their necessary subsistence Those Articles being treated upon by Committees of both Kingdomes both in Scotland and England being ratified by the Parliaments of both Kingdomes and by both acknowledged to be a Treaty presented with the Propositions of peace and debated at Vxbridge and having as much if not more of the formalities of a Treaty then the first Treaty concerning the sending of the Scottish Army into Ireland we desire this Treaty may be inserted with the other Treaties in this Proposition it being most reasonable the Treaty made and conditions agreed on for the continuance of that starved Army in Ireland should be of as great force and as well observed as the Treaty made for sending them over into Ireland As to the former part of the 14 Proposition we desire it may stand as formerly for the reasons above expressed And as to the later part now added we desire that all the Articles concerning the setling of Religion in this Kingdome may be extended to Ireland according to the Covenant The 15 Proposition concerning Delinquents we have not received To the 16 and 17 Propositions we do agree In the 18 Proposition we find so materiall differences from that which was formerly agreed upon concerning the Militia as may be matter of long debate what may be most conducible to the security of both Kingdomes and so retard the sending of the Propositions and loose the present opportunity of obtaining his Majesties consent before he be engaged in some other design which may be a ruine to himselfe and a matter of new trouble to these Kingdomes We desire it may be considered that the former Propositions according to the interest of both Kingdomes did settle a power in Commissioners of both Kingdoms for resisting all foraigne invasions and for suppressing of all forces raised within either of the said Kingdoms to the disturbance of their peace By which there was no place left either to arbitrary power or to any mistake or jealousie that could be raised or fomented between the Kingdoms or to any project of Incendiaries to divide the King from any of his Kingdomes or one Kingdome from another And we see no reason why that which at the framing of these Propositions was esteemed as a great service and a firme foundation of unity and mutuall confidence betwixt the Kingdomes should now be altered the reasons for preventing thereof being as strong as ever And this new Proposition containes nothing that may prevent those so great and obvious inconveniences but seems rather to argue a diffidence and jealousie to the weakning of that mutuall confidence which was laid by the former Propositions Further this new Proposition doth not provide how the Militia shall be ordered and disposed in the Intervals of Parliament although in another case by the 21 Proposition concerning the nomination of the Deputy or chief Governour of Ireland the Chancellor or Lord Keeper Lord Treasurer and other Officers and ministers of England and Ireland it is provided that in the Intervals of Parliament they shall be nominated by a Committee of Parliament And if it be intended that in like manner the Militia be ordered in the intervals of Parliament by a Committee of Parliament there is no objection can be made against the former Proposition for setling the Militia in Commissioners which will not be as full against setling thereof in a Committee for by the former Propositions the Commissioners were alterable from time to time by the Houses and to receive and observe their directions and instructions Wee conceive also as the honourable Houses upon consideration of the manifold troubles and distractions in these times have wisely and necessarily resolved for the safety and security of these Kingdoms so to settle the Militia as the King although he were willing be not able by involving them again into a bloudy warre
to make them twice miserable wherein we are ready most heartily to concurre So doe we thinke it is not their intention to divest the King his posterity and Crowne for all time coming of all power right and interest in the matter of Militia so as although they be never so willing to follow the advise of their Parliaments yet they shall for ever be incapable and in no time comming be admitted to joyne with the Parliaments for ressisting their enemies and protecting their Subjects the apprehension whereof may prolong the Kings answer and hinder his consent and as may easily be collected from the debates at Vxbridg may be interpreted to be a fundamentall alteration of the Government contrary to the resolutions and declarations of both Kingdomes and not so agreeable to the Covenant may be made use of by our adversaries for such an occasion of quarrelling as they never had before may be made a meane to bring the common cause and our cariage into contempt used by our enemies as a motive for provoking foreigne Princes and States to engage in a war against us both parts were provided for in the former Proposition upon the one part the exercise and execution of the Militia was not to be in the power of the King yet upon the other part were the Commissioners in whose hands it was to be trusted to have their Commission from King and Parliament and it was condescended upon at Vxbridge that the time should be limited to seven yeares and after expiration of that terme to be setled and exercised in such manner as his Majesty and the Parliaments of both Kingdomes respective should thinke fit but by this new Proposition the whole power is to be setled in the two houses of Parliament and the Crown altogether excluded from all interest in the Militia for ever which therefore requireth a new consideration There is another thing which we professe doth very much affect us that wheras in the large Treaty of Peace a Commission for preservation of the peace then setled between the kingdomes was judged most necessary and was mutually agreed upon and accordingly in pursuance thereof Commissioners were appointed by the Parliament of Scotland to whom the Houses of Parliament upon several occasions made their addresses to good purpose and whereas in the former Propositions severall Articles were set downe with mutuall consent for conserving the peace firmely and inviolably for all time to come yet in this new Proposition although the danger be no lesse and the necessity no lesse urgent there is not so much as mention made of any meane to be used or course to be taken for conserving the peace between the Kingdomes and betwixt the King and either of them but all passed in silence All which necessary considerations we offer to the wisdome of the honourable Houses that they may continue in their resolution to send the former Propositions as they were proposed at Vxbridge which will be free of debate are more likely to be obtained of the Kings Majesty and will serve more for the peace and good correspondence of the Kindomes especially that the conservation of peace for the future may be provided for To the 19. and 20. Propositions we doe agree To the 21. Proposition we do agree with this addition The like for the Kingdome of Scotland concerning the nomination of the Lords of the Privie Councell Lords of Session and Exchequer Officers of State and Justice Generall in such manner as the Estates in Parliament shall thinke fit The Proposition concerning the education marriage and choosing of the Tutors and Governours of the Kings children by consent of both Kingdomes is omitted in these new Propositions The Proposition concerning the making of peace or war with foreigne Princes and States with advice and consent of both Kingdomes is also omitted in these Propositions The Proposition concerning the disbanding the Armies by consent of both Kingdomes is likewise omitted The Proposition for passing an act of oblivion in the Parliaments of both Kingdomes is omitted Wee desire that the Proposition concerning the City of London as also the Propositions concerning Delinquents may be speedily delivered unto us that they may be dispatched with the rest Upon the whole matter If the houses of Parliament shall thinke fit for the present to send only the three Propositions concerning Religion the Militia and Ireland as they were proposed at Vxbridge we do agree But if they think fit that more Propositions be sent at this time we do desire that all the Propositions which concerne the joynt interest of both Kingdomes and are omitted in the new Propositions may be sent likewise although we are of the judgement that every particular and circumstance of the Propositions is not of so great importance to these Kingdomes as peace and warre should depend thereupon Having thus freely in such brotherly manner as the matter of peace doth require expressed our sense of the Propositions delivered unto us if there be any mistake on our part or if there be any point wherein the honourable Houses are not satisfied we are most willing and ready to give and receive all brotherly satisfaction by conference or otherwise in such manner as shall be judgeed most behovefull and expeditious and to give testimony of our true and earnest desires and readinesse to concurre with the honourable Houses in all such things as upon a friendly debate shall be found conduceable for procuring setling and propagating such a peace as we all desire for our common happinesse March 16. 1646. It is not unknown to the Honourable Houses of Parliament how long a time we have waited here in patience and silence for the setling of Church-government according to the Covenant and we our selves know for which we have many witnesses at home in the Church of Scotland how zealous we have been of the honour of the Parliament in this matter what hath been our care and industry to perswade and assure that although hope deferred might make the hearts of many to faint yet when the desire should come it would be a tree of life And that we were not to judge of the modell of Church-government in the Church of England and of uniformity with the Church of Scotland by some praevious and particular Ordinances of Parliament which were but parts of the building but were to expect the last Ordinance which would supply the defects of the former and by rearing up the whole house in proportion and beauty would in the end give to every judicious eye and zealous heart a full satisfaction We doe also with thankfulnesse acknowledge and remember the zeale of the honourable Houses in removing the Book of Common-prayer in abolishing Episcopall government and in other parts of of Reformation and that in the time of their greatest troubles and dangers which maketh their work the more acceptable to God and all good men Yet are we at this time necessitated by our Covenant our common interest and
SOME PAPERS OF THE COMMISSIONERS OF SCOTLAND Given in lately to the Houses of PARLIAMENT Concerning the PROPOSITIONS OF Peace LONDON Printed for Robert Bostock dwelling at the signe of the Kings Head in Pauls Church-yard April 11. 1646. To the Reader Judicious and good Reader THe drawing up of Propositions for Peace to be sent unto the King for a long time hath taken up the thoughts and pains of those who sit at the stern and helm of affairs The delay of sending the Propositions of late hath busied the phancies and tongues of most men who do make it at this time the ordinary Theme of their discourses which every one frameth right or wrong as he is carried by interest but chiefly and mainly as he is lead by information reasoning to and fro he layeth the cause of the thus delaying to send Propositions to His Majesty upon those whom he thinks and giveth out to be the let Now seeing the great mistake of many well-minded men in this Point who taking things at the second hand without being able to dive to the bottome and ground of affairs shut at rovers and do not attain the mark For the better information of all those who love Truth and that faithful men with constancy to the Principles whereunto we are all sworn by our solemn Covenant and tyed to by divers Treaties Agreements and Results after so many debates conferences and mature deliberation be no more thus misunderstod as they are by some namely by those who are so much concerned to know the truth and consequently to reject the sinistrous reports raised and spred abroad against honesty integrity with constant faithfulnesse to the glory of God and good of his People I having clearly understood from very good intelligence the cause in hand do set it down here truely and simply as it is revera without any disguisement by stating the question otherwayes then it is indeed or by colouring it with affected words which I here present unto thee judicious Reader heartily for thy satisfaction with the Copy of three Papers given into the Houses of Parliament by the Commissioners of Scotland which the last day fell into my hands I pray thee to take in good part this weak expression for the publike good from him who constantly prayeth for the welfare of Jerusalem and wisheth thee to live in it happily and prosperously Adieu The state of the Question concerning the Propositions of Peace THe Commissioners of Scotland have for nine Moneths ever since the twentieth of Iune last pressed the sending of the former Propositions agreed upon between the Kingdomes presented to the King at Oxford and whereof the most materiall were afterward debated upon at Vxbridge The Houses of Parliament upon the sixth of August last in answer to the Scottish Commissioners declare That Propositions shall be sent speedily but that they intend to make some alterations After nine Moneths the Houses deliver to the Scots Commissioners upon the last of February some new Propositions The Commissioners of Scotland upon the 16. of Marchs deliver in their Answer to these Propositions wherein they observe that all the omissions additions or alteration made in the former Propositions are in those things which concerne the joynt interest and union of the Kingdoms Upon the 26. of March the Houses appoint a Committee to debate with the Scottish Commissioners concerning the differences which are chiefly these 1 Concerning Religion The Houses make a generall Proposition desiring the King to assent to what they have or shall agree upon concerning Reformation of Religion and concerning Uniformity in Religion as the two Kingdoms shall agree The Commissioners desire to know the particulars that after so long consultation of the Divines of both Kingdoms they may with knowledge and assurance consent to that Proposition it was answered the Houses had not resolved what particulars to send And the Commissioners of Scotland deny to consent till they be acquainted with the Particulars and take them into consideration 2 Concerning the Militia The Commissioners desire the former Proposition agreed upon between the Kingdomes and debated at Vxbridge to be sent especially because it doth neerly unite the Kingdomes The Houses in their new Propositions will have the Militia of the Kingdomes setled severally each Kingdome by it selfe apart The Commissioners desire such a conjunction at least as both may upon occasion joyne together for suppressing insurrections and opposing forraigne invasions The Houses will have the Militia setled in themselves from time to time without any limitation and not only the King but his Posterity and the Crowne excluded in time comming The Commissioners conceive it necessary that for the security of the Kingdomes the Militia should be so setled as the King may have no power to make these Kingdomes twice miserable but that this being a case extraordinary it should onely be for a time and as upon the one part they thinke it most dangerous that the Militia should after expiration of that time be setled in the King alone so they hold it very unsafe That the fundamentall Lawes of the Kingdom should be altered and the Crown for ever excluded from all interest right whatsoever but after expiration of such a time as shall be agreed upon the ordering of the Militia may be by King and Parliament according to the many Declarations of both Kingdomes See Collection of Remonst pag. 207 208. 728 729 730. c. and particularly of the Houses of Parliament who affirme it to be by the constitution and fundamentall Lawes of the Kingdome in King and Parliament together and onely in cases extraordinary when the King failes in his Duty the Parliament alone to provide for the security of the Kingdome 3 Concerning Ireland The Houses alleadge that the trans-actions between the Kingdomes made at Edenburgh 28. November 1643. are no Treaty The Commissioners make it appeare that it is a Treaty for that the English Commissioners had power to Treat agree and conclude Articles are drawn up and agreed unto which the Houses ratifie and confirme in their Votes of the ninth of March and eleaventh of Aprill 1643. In the same Votcs calling it a Treaty And Scotland performes their part of the Treaty makes their Army stay and advance to them a hundreth thousand pounds sterling at the desire of England who then because of their low condition were not able to send them any releife and now the Houses make question to perform their part of the Treaty to Scotland Lastly The difference is concerning foure Propositions formerly agreed upon between the Kingdomes and omitted by the Houses in their new Propositions They are 1. The Proposition that Peace and Warre shall not be made without consent of both Kingdomes 2. For education of the Kings Children by consent of both Kingdomes 3. For disbanding the Armies by consent of both Kingdomes 4. For an Act of oblivion by consent of both The Commissioners desire that either the Propositions concerning Religion the Militia