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A31762 The charge of the Scottish Commissioners against Canterburie and the Lieutenant of Ireland together with their demand concerning the sixt article of the treaty : whereunto is added the Parliaments resolution about the proportion of the Scottish charges and the Scottish Commissioners thankfull acceptance thereof. Scotland. Parliament.; England and Wales. Parliament. House of Lords. 1641 (1641) Wing C2061; ESTC R11362 19,842 56

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faction it had beene possible And therefore wee may now with the greater reason and confidence presse our Demand That your Lordships the Parliament the Kingdome and the King himselfe may see us repared in our losses at the cost of that faction by whose meanes we have sustained so much dammage And which except they repent will find sorrow recompenced for our griefe Torments for our toyle and an infinite greater losse for the Temporall losses they have brought upon a whole Kingdom which was dwelling by them in Peace All the devices and doings of our common enemies were to beare downe the Truth of Religion and the just liberties of the Subjects in both Kingdomes They were confident to bring this about one of two wayes Either by blocking us up by Sea Land to constraine us to admit their will for a Law both in Kirk and policy and thus to make us a Precedent for the like miserie in England or by their Invasion of our Kingdome to compell us furiously and without order to break into England that the two Nations once entred into a bloody Warre they might fish in our troubled Waters and catch their desired Prey But as wee declared before our comming Wee trusted that God would turne their Wisedome into foolishnesse and bring their devices upon their owne Pates by our Intentions and Resolutions to come into England as among our Brethren in the most peaceable way that could stand with our safety in respect of our common Enemies to present our Petitions for setling our Peace by a Parliament in England wherein the Intentions and Actions both of our Adversaries and ours might be brought to light The Kings Majesty and the Kingdome rightly informed The Authors and Instruments of our divisions and troubles punished All the mischiefes of a Nationall and doubtfull Warre prevented and Religion and Liberty with greater Peace and Amity then ever before established against all the Craft and violence of our enemies This was our Declaration before wee set our foot into England from which our deportments since have not varied And it hath bin the Lords wonderfull doing by the wise Counsels and just proceedings of the Parliament to bring in a great part to passe and to give us lively hopes of a happy Conclusion And therefore wee will never doubt but that the Parliament in their Wisedome and Justice will provide that a proportionable part of the Cost and charges of a worke so great and so comfortable to both Nations bee borne by the Delinquents there that with the better Conscience the good People of England may sit under their owne Vines and Figtrees Refreshing themselves although upon our greater Paines and Hazard yet not altogether upon our cost and charges which we are not able to beare The Kingdome of England doth know and confesse that the Innovation of Religion and Liberties in Scotland were not the principall designe of our common Enemies but that both in the intention of the Workers whose zeale was hottest for setling their devices at home And in the Condition of the Worke making us whom they conceived to be the weaker for opposition to bee nothing else but a leading case for England And that although by the power of GOD which is made perfect in weaknesse they have found amongst us greater resistance then they did feare or either they or our selves could have apprehended Yet as it hath beene the will of God that wee should endure the heate of the day So in the Evening the pretious wages of the vindication of Religion Liberties and Lawes are to be received by both Kingdoms and will enrich wee hope to our unspeakable Joy the present Age and the Posteritie with Blessings that cannot bee vallued and which the good People of England esteeme more then Treasures of Gold and willingly would have purchased with many thousands Wee doe not plead that Conscience and Piety have moved some men to serve GOD upon their owne cost and that Justice and Equity have directed others where the Harvest hath been common to consider the paines of labouring and the charges of the Sowing yet this much may we say that had a forraine Enemy intending to reduce the whole Island into Popery made the first assault upon our weaknesse Wee nothing doubt but the Kingdome of England from their desire to preserve their Religion and Liberties would have found the way to beare with us the expense of our resistance and lawfull defence how much more being Invaded although not by England yet from England by common enemies seeking the same ends wee expect to be helped and relieved Wee will never conceive that it is either the will or the well and honour of England that wee should goe from so blessed a worke after so many grievous sufferings bearing on our backs the insupportable burdens of worldly necessities and distresses return to our countrey empty and exhausted in which the people of all Rankes Sexes and conditions have spent themselves The possessions of every man who devoted himselfe heartily to this cause are burdened not onely with his own Personall and particular expense but with the publike and common charges Of which if there bee no reliefe neither can our Kingdome have peace at home nor any more credit for Gommerce abroad Nor will it bee possible for us either to aide and assist our friends or to resist and oppose the restlesse and working wickednesse of our Enenemies The best sort will lose much of the sweetnesse of the enjoying of their Religion and Liberties and others will run such wayes and undirect courses as their desperate necessities will drive them into Wee shall be but a burthen to our selves a vexation unto others of whose strength we desire to be a considerable part and a fit subject for our Enemies to worke upon for obtaining their now disappointed but never dying desires Wee will not alledge the example of other Kingdomes where the losses of necessarie and just defence had been repaired by the other party Nor will wee remember what helpe wee have made according to our abilities to other reformed Kirks And what the Kingdome of England of old and of late hath done to Germany France and Holland Nor doe we use so many words that England may be burthened and we eased or that this should be a matter of our Covetousnesse and not of their Justice and kindnesse Justice in respect of our Adversaries who are the causes of the great misery and necessity to which wee have been brought kindnesse in the supply of our wants who have beene tender of the welfare of England as of our own that by this equality and mutuall respect both Nations may be supported in such strength and sufficiencie that wee may bee the more serviceable to his Majesty and abound in every good work both towards one another and for the comfort and reliefe of the reformed Kirks beyond the Seas that we may all blesse God and that the blessing of God may be upon us all The
THE CHARGE OF THE SCOTTISH COMMISSIONERS Against CANTERBURIE and the Lievetenant of IRELAND Together with their Demand concerning the Sixt Article of the Treaty Whereunto is added the Parliaments Resolution about the Proportion of the Scottish charges and the Scottish Commissioners thankfull acceptance thereof The Lord is knowne by the Iudgement which he executeth The wicked is snared in the workes of his owne hands London Printed for Nath. Butter 1641 The Charge of the Scottish Commissioners against the Prelate of CANTERBURY NOvations in Religion which are universally acknowledged to bee the main cause of commotions in Kingdomes and States and are knowne to bee the true cause of our present troubles were many and great beside the bookes of Ordination and Homilies 1. Some perticular alterations in matters of Religion pressed upon us without order and against Law contrary to the forme established in our Kirk 2. A new booke of Canons and Constitutions Ecclesiasticall 3. A Liturgie or booke of Common-prayer which did also carry with them many dangerous errours in matters of doctrine Of all which we chalenge the Prelate of Canterbury as the prime cause on earth And first that this Prelate wes the author and urger of some particular changes which made great disturbance amongst us wee make manifest 1. By fourteen letters subcribed W. Cant. in the space of two years to one of our pretended Bishops Bannatine wherein hee often enjoyneth him other pretended Bishops to appear in the Chappell in their whites contrary to the custome of our Kirk to his promise made to the pretended Bishop of Edinburgh at the coronatiō that none of them after that time should be pressed to weare these garments thereby moving him against his will to put them on for that time wherein he directeth him to give order for saying the English Service in the Chappel twice a day for his neglect shewing him that hee wes disappointed of the Bishopricke of Edinburgh promising him upon his greater care of these novations advancement to a better Bishoprick taxing him for his boldnesse in preaching the sound doctrine of the reformed Kirkes against Master Mitchell who had taught the errors of Arminius in the point of the extent of the merit of Christ bidding him send up a list of the names of Councellours and Senatours of the Colledge of Iustice who did not communicate in the Chappell in a forme which wes not received in our Kirke commending him when he found him obsequious to these his commands telling him that hee had moved the King the second time for the punishment of such as had not received in the chappell and wherein hee upbraideth him bitterly that in his first Synod at Aberdein hee had onely disputed against our custome of Scotland of fasting sometimes on the Lords day and presumptuously censuring our Kirk that in this we were opposite to Christianity it selfe and that amongst us there were no Canons at all More of this stuffe may be seene in the letters themselves Secondly by two papers of memoirs and instructions from the pretended Bishop of Saint Androis to the pretended Bishop of Rosse comming to this Prelate for ordering the affaires of the Kirk and Kingdome of Scotland as not onely to obtaine warrants to order the Exchequer the Privy Counsell the great Commission of Surrenders the matter of Balmerino's processe as might please our Prelates but warrants also for sitting of the High Commission Court once a week in Edinburgh and to gain from the Noblemen for the benefit of Prelates and their adherents the Abbacies of Kelso Arbroith S. Androis and Lindors and in the smallest matters to receive his comands as for taking downe Galleries and stone-walls in the Kirks of Edinburgh and Saint Androis for no other end but to make way for Altars and adoration towards the East which besides other evills made no small noise and disturbance amongst the people deprived hereby of their ordinary accommodation for publique worship The second Novation which troubled our peace wes a booke of Canons and Constitutions Ecclesiasticall obtruded upon our Kirk found by our generall assembly to be devised for establishing a tyrannicall power in the persons of our Prelates over the worship of God over the consciences liberties and goods of the people and for abolishing the whole discipline and governement of our Kirk by generall and provinciall assemblies Presbyteries and Kirk sessions which wes setled by law and in continuall practise since the time of reformation that Canterbury wes Master of this worke is manifest By a booke of Canons sent to him written upon the one side onely with the other side blanke for corrections additions and putting all in better order at his pleasure which accordingly wes done as may appeare by interlinings marginalls and filling up of the blanke page with directions sent to our Prelates and that it wes done by no other then Canterbury is evident by his Magisteriall way of prescribing and by a new copy of these Canons all written with Saint Androis owne hand precisely to a letter according to the former castigations sent backe for procuring the Kings warrant unto it which accordingly wes obtained but with an addition of some other Canons and a paper of some other corrections According to which the booke of Canons thus composed wes published in print the inspection of the bookes instructions and his letters of joy for the successe of the worke and of others letters of the Prelate of London and the Lord Sterling to the same purpose all which we are ready to exhibite will put the matter out of all debate Beside this generall there be some things more speciall worthy to be adverted unto for discovering his spirit 1. The 4. Canon of Cap. 8. for as much as no reformation in Doctrine or Discipline can be made perfect at once in any Church therefore it shall and may be lawfull for the Church of Scotland at any time to make remonstrance to his M. or his successors c. Because this Canon holdeth the doore open to more innovations he writeth to the Prelate of Rosse his privy Agent in all this worke of his great gladnesse that this Canon did stand behind the Curtaine and his great desire that this Canon may be printed fully as one that wes to be most usefull Secondly the title prefixed to these Canons by our Prelates Canons agreed upon to be proponed to the severall Synods of the Kirk of Scotland is thus changed by Canterbury Canons and constitutions Ecclesiasticall c. Ordained to be observed by the Clergy He will not have Canons to come from the authority of Synods but from the power of Prelates or from the Kings prerogative Thirdly the formidable Canon Cap. 1.3 threatning no lesse then excommunication against all such persons whosoever shall open their mouthes against any of these books proceeded not from our Prelates nor is to be found in the copy sent from them but is a thunderbolt forged in Canterburies own sire 4. Our Prelates
name of Memoriall or Oblation for no other end but that the memoriall and sacrifice of praise mentioned in it may bee understood according to the Popish meaning Bellar. de Missa lib. 2. cap. 21. Not of the spirituall sacrifice but of the oblation of the body of the Lord It seemeth to bee no great matter that without warrand of the book of England the Presbyter going from the north end of the Table shall stand during the time of consecration at such a pairt of the table where hee may with the more ease and decencie use both hands yet being tried it importeth much as that he must stand with his hinder pairts to the people representing saith Durand that which the Lord said of Moses Thou shalt see my hinder pairts Hee must have the use of both his hands not for any thing he hath to doe about the bread and wine for that may bee done at the North end of the Table and bee better seen of the people but as we are taught by the Rationalists that he may by stretching foorth his armes to represent the extension of Christ on the Crosse and that hee may the more conveniently lift up the bread and wine above his head to be seen and adored of the people who in the Rubrick of the generall Confession a little before are directed to kneel humbly on their knees that the Priests elevation so magnified in the Masse and the peoples adoration may goe together That in this posture speaking with a low voyce and muttering for sometimes hee is commanded to speake with a lowd voyce and distinctly hee bee not heard by the people which is no lesse a mocking of God and his people then if the words were spoken in an unknowne language As there is no word of all this in the English Service so doth the book in King Ed. time give to every Presbyter his liberty of gesture which yet gave such offence to Bucer the censurer of the book and even in Cassanders own judgement a man of great moderation in matters of this kinde that he calleth them Nunquam satis execrandos Missa gestus and would have them to be abhorred because they confirme to the simple and superstitious ter impiam exitialem Missae fiduciam The corporall presence of Christs body in the Sacrament is also to be found here for the words of the Masse-book serving to this purpose which are sharply censured by Bucer in King Ed. Leiturgie are not to be found in the book of England are taken in here Almighty God is incalled that of his Almighty goodnesse he may vouchsafe so to blesse and sanctifie with his Word and Spirit these gifts of bread and wine that they may bee unto us the body and bloud of Christ The change here is made a work of Gods omnipotencie the words of the Masse ut fiant nobis are translated in King Edwards booke That they may be unto us which are againe turned into Latine by Alesius Vt fiant nobis On the other pairt the expressions of the booke of England at the delivery of the Elements of feeding on Christ by faith and of eating and drinking in remembrance that Christ died for thee are utterly deleated Many evidences there bee in this pairt of the Communion of the bodily presence of Christ very agreeable to the doctrines taught by his Secretaries which this paper cannot containe They teach us that Christ is received in the Sacrament Corporaliter both objectivè and subjectivè Corpus Christi est objectum quod recipitur corpus nostrum subjectum quo recipitur The booke of England abolisheth all that may import the oblation of any unbloody Sacrifice but here we have besides the Preparatorie oblation of the Elements which is neither to be found in the book of England now nor in King Edwards booke of old the oblation of the body and bloud of Christ which Bellarmine calleth Sacrificium Laudis quia Deus per illud magnopere laudatur This also agreeth well with their late doctrine We are ready when it shall be judged convenient and we shall be desired to discover much more matters of this kind as grounds laid for missasicca or the halfe Messe The private Messe without the people Of communicating in one kind Of the Consumption by the Priest and Consummation of the Sacrifice Of receiving the Sacrament in the mouth and not in the hand c. Our Supplications were many against these Books but Canterbury procured them to be answered with terrible Proclamations Wee were constrained to use the remedy of Protestation but for our Protestations and other lawfull meanes which we used for our deliverance Canterbury procured us to be declared Rebels Traitors in all the Parish Kirks of England when we were seeking to possesse our Religion in Peace against these Devices and Novations Canterbury kindleth warre against us In all these it is known that he was although not the sole yet the Principall Agent and Adviser When by the Pacification at Berwick both Kingdomes looked for Peace and Quietnesse he spared not openly in the hearing of many often before the King and privately at the Counsell-table and the privy Iointo to speak of us as Rebels and Traitors and to speake against the Pacification as dishonourable and meet to be broken Neither did his malignancie and bitternesse ever suffer him to rest till a new warre was entred upon and all things prepared for our destruction By him was it that our Covenant approven by Nationall Assemblies subscribed by his M. Commissioner and by the Lords of his M. Counsell and by them commanded to be subscribed by all the Subjects of the Kingdome as a Testimony of our duty to God and the King by him was it still called Ungodly Damnable Treasonable by him were Oaths invented and pressed upon divers of our poore Countrey-men upon the pain of imprisonment and many miseries which were unwarrantable by Law and contrary their Nationall Oath When our Commissioners did appeare to render the reasons of our demands he spared not in the presence of the king and Committee to raile against our Nationall Assembly as not daring to appeare before the World and Kirkes abroad where himselfe and his Actions were able to endure tryall and against our just and necessary defence as the most malicious and Treasonable Contempt of Monarchicall Government that any by-gone age had heard of His hand also was at the Warrant for the restraint and imprisonment of our Commissioners sent from the Parliament warranted by the King and seeking the peace of the Kingdomes When we had by our Declarations Remonstrances Representations manifested the truth of our intentions and lawfulnesse of our Actions to all the good Subjects of the Kingdome of England when the late Parliament could not be moved to assist or enter in warre against us maintaining our Religion and Liberties Canterbury did not onely advise the breaking up of that high and honourable Court to the great griefe
should be the successe he might escape tryall and censure and his bloody designes might be put in execution against his Majesties subjects of both Kingdomes When the Kings Majesty was againe enclined to hearken to our petitions and to compose our differences in a peaceable way and the Peeres of England conveened at Yorke had as before in their great wisedome and faithfulnesse given unto his Majesties Counsels of peace yet this firebrand still smoaketh and in that honourable Assembly taketh vpon him to breath out threatnings against us as Traytors and enemies to Monarchicall government That we be sent home againe in our blood and he will whip us out of England And as these were his Speeches in the time of the treaty appointed by his Maiesty at Rippon that if it had beene possible it might have beene broken up So when a Cessation of Armes was happily agreed vpon there yet he ceaseth not but still his practises were for warre His under Officers can tell who it was that gave them Commission to draw neere in Armes beyond the Teese in the time of the treaty at Rippon The Governour of Barwicke and Carlile can shew from whom they had their warrants for their acts of Hostility after the Cessation was concluded It may be tryed how it commeth to passe that the Ports of Ireland are yet closed our Countrey-men for the Oath still kept in prison Traffique interrupted and no other face of affaires then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great Incendiarie upon these and the like offences not against particular persons but against Kingdomes and Nations may be put to a tryall and from their knowne and renowned justice may have his deserved punishment 16 Decemb. 1640. THE SCOTTISH Commissioners Demand concerning their sixt ARTICLE COncerning our Sixt demand although it hath often come to passe that these who have beene joyned by the bonds of Religion and Nature have suffered themselves to be divided about the things of this World And although our Adversaries who no lesse labor the division of the two Kingdomes then we doe all seeke Peace and follow after it as our common Happinesse doe presume that this will be the Partition wall to divide us and to make us lose all our labours taken about the former Demand Wherein by the helpe of God by his Majesties Princely goodnesse and Iustice and your Lordships noble and equall dealing We have so fully accorded to keep us from providing for a firme and weell grounded Peace by the wisdome and justice of the Parliament of England which is our greatest desire expressed in our last Demand We are still Confident that as we shall concerning this Article represent nothing but what is true Iust and Honourable to both Kingdomes So will your Lordships hearken to us and will not suffer your selves by any slanders or suggestions to be drawne out of that straight and safe way wherein yee have walked since the beginning IT is now Wee suppose knowne to all England especially to both the Honourable Houses of Parliament And by the occasion of this Treatie more particularly to your Lordships That our distresses in our Religion and Liberties were of late more pressing then We were able to beare That our Complaints and Supplications for redresse were answered at last with the terrours of an Army That after a Pacification greater Preparations were made for warre whereby many Acts of Hostilitie were done against us both by Sea and Land The Kingdome wanted administration of Iustice and Wee constrained to take Armes for our defence That we were brought to this extreame and intollerable necessity either to maintaine divers Armies upon our borders against Invasion from England or Ireland still to be deprived of the benefit of all the Courts of Iustice and not onely to maintaine so many thousands as were spoiled of their ships and goods but to want all Commerce by Sea to the vndoing of Merchants of Saylors and many others who lived by Fishing and whose callings are vpholden from hand to mouth by Sea trade Any one of which evils is able in a short time to bring the most potent Kingdome to Confusion Ruine and Desolation how much more all the three at one time combined to bring the Kingdome of Scotland to be no more a Kingdome Yet all these behoved Wee either to endure and vnder no other hope then of the perfect slavery of our selves and our posterity in our Soules lives and Meanes Or to resolve to come into England not to make Invasion nor with any purpose to fight except we were forced God is our Iudge our actions are our witnesses and England doth now acknowledge the truth against all suspitions to the contrary and against the impudent lyes of our Enemies But for our reliefe defence preservation which we could find by no other meanes when we had essayed all meanes and had at large expressed our pungent and pressing necessities to the Kingdome and Parliament of England Since therefore the war on our part wch is no other but our comming into England with a guard is defensive and all men doe acknowledge that in common equity the defendant should not be suffered to perish in his just and necessary defence but that the pursuer whether by way of Legall Processe in the time of Peace or by way of violence and unjust invasion in the time of warre ought to beare the charges of the defendant We trust that your Lordships will thinke that it is not against reason for us to demand some reparation of this kind and that the Parliament of England by whose Wisdome and Iustice wee have expected the redresse of our wrongs will take such course as both may in reason give us satisfaction may in the notable demōstration of their Iustice serve most for their owne honour Our earnestnesse in following this our Demand doth not so farre wrong our sight and make us so undiscerning as not to make a difference betweene the Kingdome and Parliament of England which did neither decerne nor set forward a Warre against us And that Prevalent faction of Prelats and Papists who have moved every stone against us and used all sorts of meanes not onely their counsells Subsidies and forces but their Kirk Canons and prayers for our utter Ruine which maketh them obnoxious to our just accusations and guilty of all the losses and wrongs which this time past wee have sustained Yet this wee desire your Lordships to consider That the Estates of the Kingdome of Scotland being assembled did endeavour by their Declarations Informations and Remonstrances and by the proceedings of their Commissioners to make knowne unto the Counsell Kingdome and Parliament of England and to forewarne them of the mischiefe intended against both Kingdomes in their Religion and Liberties by the Prelates and Papists to the end that our Invasion from England might have beene prevented if by the Prevalencie of the