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A79719 The declaration of the Commission of the General Assembly, to this whole Kirk and kingdom of Scotland of the fifth of May: concerning the present publike proceedings towards an engagement in warre, so farre as religion is therein concerned. Together with their desires and petitions to the Honourable Court of Parliament, the Parliaments answers. Their humble returnes and representations, and other papers that may give full and cleare information in the matter. Church of Scotland. General Assembly. Commission.; England and Wales. Parliament. 1648 (1648) Wing C4216A; Thomason E461_2; ESTC R29223 54,894 68

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humble desires whereupon the same day we were invited to a new conference with some of their Lordships which did not produce the wished effect and satisfaction which we were waiting for Upon the 28. of March we received the Parliaments answers to our eight Desires which leaving us still unsatisfied did occasion our humble Representation of March 29. whereunto we received no other answer but a desire of Parliament sent us the next day for a conference upon our said Desires and the parliaments answer thereunto and also upon the state of the Question and whole matter But as we were willing to conferre upon our 8 desires and the unsatisfactorinesse of the parliaments answers thereunto so till we should receive a cleer and reall satisfaction to these our desires we Declined a Conference upon the state of a Question for Warre for the Grounds and reasons expressed in our paper of the 30 of March and did accordingly give order to those of our number appointed to conferre But the power given to the Committee of Parliament containing nothing of further satisfaction to be give to our desires that their Conference after some time spent in debates proved no lesse ineffectuall then the former two Upon the 11 April It was Ordered by the Parliament that the demand concerning Religion thought fit by their Lordships to be sent to the Parliament of England should be communicated unto us whereunto we returned an answer by our Paper of the 13. of that moneth And that we might leave no meanes unessayed for satisfaction in those particulars wherein most part of the Provincial Synods hath joyned with us in supplications to the Parliament without which many others as well as our selves could not be satisfied in conscience to concurre in the Engagement We did by our Petition of the 18. further insist with their Lordships in all humility and earnestnesse for satisfaction to our desires and to be cleared upon the whole matter Unto all which we have received no other answers for the satisfaction of our consciences but the Paper delivered in to us from the Parliament upon the 20. of April together with their Lordships Declaration unto which we were remitted for satisfaction in most things we had desired But how great reason we have to be still unsatisfied will appeare by our Answer to their Lordships paper of the 20. of April and by our humble Representation upon the Declaration it selfe expressing more fully our sense of the whole matter and although we might have justly desired some weeks for deliberation about an Answer to so large and so premeditate a Declaration concerning things of so high a nature yet we made much haste that our Representation thereupon was fully agreed and concluded among us upon the eight day after we received the Declaration it selfe If the Honourable Estates of Parliament had been pleased to delay the sending away of their demands to England and the publishing their Declaration to this Kingdom till they had received and considered our Humble Representation thereupon We know not but it might have by the blessing of God conduced much to the preventing of great and sad inconveniences But now their Lordships Declaration being emitted as it is we have too much cause to feare that the Malignant party shall make use of it to the ensnaring of many unlesse timous warning and information be given them For our part it hath been our endeavour which we are confident is desired with us by all the well-affected both in Church and State that there may be no rupture in this Nation but a firme union and conjunction upon the first principles and grounds of engaging in this cause And as we have not been tenacious of words but of things nor of any other things but such as highly concerne the glory of God solemn Covenants and the good safety and security of Religion so we shall be blamelesse before God Angels and men of all the evils distractions and confusions which may follow upon or be occasioned by the not satisfying of so just and necessary desires And now for the result of the whole busines As we were before and still are ready to consent and agree to the engaging acting in war if we were satisfyed in our consciences concerning the grounds of undertaking and the means and ways of prosecuting the same and concerning the other particulars contained in our Papers presented to the Parliament So not being satisfyed in those and looking upon the war as it is now stated matters standing as they do and the whole complex businesse taken together We cannot but with all dutifull respect honour both to his Majesty and to the Estates of Parlia plainly dissent and differ from the same being so far from a cleer satisfaction in our consciences concerning the lawfulnesse and necessity of a War upon the grounds and in the manner expressed in the Declaration of Parliament that contrariwise we are cleerly perswaded in our consciences it is an engagement of most dangerous consequence to the true reformed Religion both in Doctrine Discipline Worship ond Government prejudiciall to the due interest and liberty of the Kirk favourable and advantagious to the Popish Prelaticall and Malignant party inconsistent with the union of the Kingdom and the satisfaction of the Presbyterian party in England and therefore contrary to the Word of God to the Solemn Covenants first Principles and publique Professions of this Kirk and Kingdom and a remedy worse then the disease and a course whereupon we cannot expect a blessing from God For which reasons expressed more fully and particularly in our Representation upon the late Declaration of Parliament we cannot in our consciences allow either Ministers in their places and callings or any others whatsoever to concurre and cooperate in the Engagement but trust that all that have in them true tendernesse of conscience and tremble at the Word of God will by his grace and assistance keep themselvs unspotted and free in this busines and will choose affliction rather then iniquity and take their hazard of suffering rather then of sin believing that the wrath of man shall turne to the praise of God and the remainder of wrath He will restrain We know there is much zeale pretended for the ends of the Covenant uniformity of Religion suppression of Sectaries and the like But the more pretence be made of Religious ends the Malignant designes varnished and painted therewith are unto God and good men so much the more hatefull Doth the same fountain send forth both sweet water and bitter Or how can true zeale against Sectaries lodge in one breast with zeal for Malignants Besides if Religion and the Glory of God be now chiefly aimed at what meaneth the refusing of that satisfaction and security which hath been desired for Religion And if there be such zeal against Sectaries in the Engagement what meant it that not long ago when the dangers of the true Reformed Religion in this Kirk from the prevalent party
c. Which appeareth to be very strange the like whereof we beare not to have been practised in any Christian Commonwealth and cannot stand with the Word of God for although the persons of men are subject to your Majesty and Civill Judges when they offend against your Lawes yet matters Ecclesiasticall and concerning conscience no Christian Prince can justly claime nor ever claimed to himselfe such power to judge Seeing the Prince in this behalf is a member of the Kirke and Jesus Christ onely the head who onely hath power to give Laws in matters of Conscience and so said the godly Ambrose Imperator bonus intra Ecclesiam non supra Ecclesiam est And to confound the Jurisdiction Civill and Ecclesiasticall is that thing wherein men of all good Judgements have justly found foult with in the Pope of Rome which claimeth to himselfe the power of both the swords which is as great a fault to a Civill Magistrate to claim and usurp and especially to judge upon Doctrine Errors and Heresies he not being placed in Ecclesiasticall function to interpret the Scriptures the warrants hereof out of the word of God we are likewise to bring forth Hereunto we shall adde a passage out of the recantation of Mr. Patricke Adamson subscribed with his hand before famous witnesses and exhibit to the Synod of Fyffe the passage is this There are contained in that second Act of Parliament divers others false intentions for to defame the Ministrie and to bring the Kirke of God in hatred and envy with their Prince and Nobility burdening and accusing the Ministers falsly of Sedition and other crimes whereof they were innocent as likewise it is written in the same Act and Declaration thereof that Soveraign and Supream power pertaineth to the King in matters Ecclesiastical which is worthy to be condemned not to be contained among Christian Acts where the power of the word is to be extolled above all the power of Princes and to be brought under subjection to the same The words of the second Printed Act cited or the third unprinted so Farre as concerneth the purpose of the Letter we find to be thus That none of his Lieges nor Subjects presume or take upon band to impugne the dignity and the Authority of the said three Estates or to seeke or procure the innovation or diminution of the Power and Authority of the same three estates or any of them in time comming under the paine of Treason These words we humbly conceive as they relate to the constitution of Parliament made of the three Estates and to the Authority thereof being in that manner constituted not to the obedience of their particular Acts so if they be urged and pressed according to the meaning and intention of the Act before declared they will conclude under Treason all who impugne the Power and Authority of Bishops Abbots and Pryors as the third Estate of Parliament To the conclusion of the Letter wee shall need to say but little having already in other papers expressed our selves fully concerning the unsatisfactorines of their Lordships Declaration and the unlawfulnesse of the present engagement Which although it bee pretended to be the same cause for which this Kingdome hath don and suffered so much yet if it be remembred that the Kirks desires for the point of Religion are not granted that the wel-affected who were most zealous in the cause from the beginning are generally against this engagement that it is carried on by such as wer for the most part dis-affected to the Cause in the beginning and were against the former expeditions that the Publick affaires are intrusted into many new hands such as we cannot be confident of These and the like considerations will quickly make it appear that the cause is not the same but hugely different from what it was and that the same grounds and principles which made us Active in furthering the former expeditions hinder us from furthering this A. Ker. Edinb 10. Junii 1648. The Humble Advice and Petition of the Commissioners of the Generall Assembly To the Honourable Estates of Parliament WHile wee were about preparing of our thoughts concerning the unsatisfactorinesse of a paper communicated unto us from your Lordships upon Wednesday being a draught of an Answer from the Parliament ot the severall Petitions of Presbyteries Synods and Shires tendered to them There was a motion made unto us from your Lordships by the Lord Ley and the Lord of Armstoun to wave a particular return unto that Paper seeing it was not to be looked upon as the sense or mind of the Parliament in respect that before the Parliament had taken it into debate or consideration they did think fit to communicate it to this Commission and withall to desire that the Commissioners would be pleased to tender unto the Parliament their advise concerning the security of Religion in answer to the severall Petitions presented to the Parliament of late from Synods Presbyteries and Shires Unto which motion we make this humble returne For the first part of the motion We are resolved to lay aside the consideration of that Paper and to make no Representation of our thoughts thereupon if your Lordships be pleased to make no further use thereof As for the other part of the motion calling for our advise concerning an Answer to the Petitions presented from severall Shires Presbyteries and Synods unto the Parliament Although we humbly conceive your Honours may clearly perceive what is our judgment by our Papers presented to your Lordships from time to time yet being required we shall againe faithfully and freely tender this our humble advise Wee call to record the searcher of all hearts the Judge of the world that our not concurring with your Lordships proceedings hitherto hath not flowed from want of zeal against Sectaries for the suppression of whom and for the advancement of the work of Reformation we are ready to hazzard all in a lawfull way Nor from any remissenesse in that which concernes his Majesties true Honour and happinesse and the preservation of Monarchical Government in him and his posterity nor from any want of tendernesse of the priviledges of Parliament nor from want of Simpathie with our afflicted and oppressed Brethren in England nor from partiall or sinistrous respect to any party or person whatsoever within the Kingdome But from meen tendernesse in point of security of Religion and the Union between the Kingdoms and from the unsatisfactorinesse of the grounds of your Lordships Declaration as hath beene expressed more at lengthen our Representation Notwithstanding your Lordships to our very great griefe have proceeded to a Levie whereby heavy burdens and pressures have been laid upon many faithfull Covenanters most forward in all former expeditions and averse from this onely for want of satisfaction concerning the necessity and lawfullnesse thereof promised in your Lordships late Declaration but not as yet performed It is therefore our humble advice that the above-mentioned Petitions being so just