Predecessours 1589. doe most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell To enjoyne by act of Councell that this Confession and Covenant which as a testimony of our fidelitie to God and loyaltie to our King wee have subscribed Be subscribed by all his Majesties subjects of what rank and quality soever The act of Councell containing the answer of the Supplication abovewritten at Edinburgh August 30. 1639. THE which day in presence of the Lord Commissioner and Lords of Privy Councell compeered personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Dowglas of Caveris Knight Sir Henry Wood of Bonitown Knight John Smyth Burgesse of Edinburgh Master Robert Barclay Provest of Irwing Master Alexander Hendersoun Minister at Edinburgh and Master Archibald Johnstoun Clerke to the Generall Assembly and in name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privy Councell the petition above-written Wee the Generall assembly considering with all humble c. which being heard read considered by the saids Lords they have ordained ordain the same to be insert registrat in the books of privy Councell and according to the desire thereof ordaine the said Confession and Covenant to be subscribed in time coming by all his Majesties Subjects of this Kingdome of what rank and qualitie soever The same day his Majesties Commissioner after his entry in the assembly delivered himself by word to this meaning We have received the supplication of the Assembly desiring that the Covenant may receive the force of an act of Councel to be subscribed by all his Majesties subjects We have found the desire so fair and reasonable that wee conceived our selves bound in duety to grant the same thereupon have made an act of Councell to that effect There rests now the act of assembly concerning which I am so fully satisfied my self that I come now as his Majesties Commissioner to consent fully unto it and am most willing that it be enacted here in this Assembly to oblidge all his Majesties subjects to subscribe the said Covenant with the assemblies explanation And because there is a third thing also desired my subscription as the Kings Commissioner unto the Covenant this I must do with a declaration in writ As a subject I will subscribe as strictly as any other man with the assemblies declaration but as his Majesties Commissioner I must prefixe to my subscription the declaration following of which no Scottish subject shal have the benefit no not my selfe as Earle of Traquair The declaration of his Majesties Commissioner concerning the subscribing of the Covenant SEing this Assembly according to the laudable forme custome heretofore keeped in the like cases hath in a humble and dutifull way supplicat to us his Majesties Commissioner the Lords of his Majesties most honorable privy Councell that the Covenant with the explanation of the assembly might be subscribed to that effect that all the subjects of this Kingdome by act of Councell bee required to doe the same And that therein for vindicating themselves from all suspitions of disloyaltie or derogating from the greatnes and authority of our dread Soveraigne have therwith added a clause whereby this Covenant is declared one in substance with that which was subscribed by his Majesties Father of blessed memory 1580.1581.1590 and often since renewed Therfore I as his Majesties Commissioner for the full satisfaction of the subject and for settling a perfect peace in Church and Kingdome doe according to my foresaid declaration and subscription subjoyned to the act of this assembly of the date the 17. of this instant Allow and consent that the Covenant be subscribed throughout all this Kingdome In witnes whereof I have subscribed the premisses The Lord Commissioner his Declaration concerning the act of the assembly August 17. I John Earle of Traquair his Majesties Commissioner in this present assembly do in his Majesties name declare that not withstanding of his Majesties owne inclination and many other grave and weightie considerations Yet such is his Majesties incomparable goodnes that for settling the present distractions and giving full satisfaction to the Subjects he doeth allow Likeas I his Majesties Commissioner doe consent to the foresaid act and have subscribed the premisses The Lord Commissioner his declaration concerning practises outwith the Kingdome contrary to the premisses IT is alwayes hereby declared by me his Majesties Commissioner that the practise of the premisses prohibited within this Kirk and Kingdome outwith the Kingdome of Scotland shal neither bind nor inferre censure against the practises outwith the Kingdome This last declaration was not approven by the assembly and therefore was insert in the Register onely recitative as was then declared when his Majesties Commissioner required that it might be put upon record The act of the assembly or daining by Ecclesiasticall authority the Covenant to be subscribed THE assembly considering the great happinesse which may flow from a full and perfect union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majesty and amongst our selves Having by our great oath declared the uprightnesse and loyaltie of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell to enjoyne by Act of Councell all the Lieges in time coming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyaltie to our King We have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell have granted the desire of our Supplication Ordaining by civill authority all his Majesties Lieges in time coming to subscribe the said Covenant that our union may be the more full and perfect Wee by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the heads and clauses thereof And ordaines of new under all Ecclesiastick censure That all Masters of Universities Colledges and Schooles All Schollers at the passing of their degrees All persons suspect of Papistrie or any other errour And finally all the members of this Kirk and Kingdome Subscribe the same with these words prefixed to their subscription The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five Articles of Perth The government of the Kirk by Bishops The civill places and power of Kirkmen upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk Wee subscribe according to the determination foresaid And ordaine the Covenant with this Declaration to be insert in the Registers of the Assembly of this Kirk General Provincial Presbyteriall ad perpetuam rei memoriam And in all humility supplicates his
seen betwixt the declaration which was made by us in the Parliament-house and that which was printed by his Majesties authority we mean not escapes of the Printer but willfull errours of the Author that no man may any more be ignorant how far the King there and the Kingdome here are abused we suppose the Reader to be honest and judicious that we need not insist in exponing the causes why such and such parts of our Declaration are left out and therfore will content our selves to describe the words and clauses which are past over in a smal Character The Declaration of the Estates of Parliament concerning the prorogation of the Parliament c. WE Noblemen Barons and Burgesses Commissioners of shyres and Burrowes conveined in this suprcame Court of Parliament by his Majesties solemne indiction and holden by John Earle of Traquair his Majesties high Commissioner do with all dutifull and loyall respect unto the Kings most Excellent Majesty and with our best affections to the preservation of the Body of this Kingdome which we now represent make known that where contrary to the malignant disposition and the wicked devises and practises of some of our disnatured Countreymen and their complices his Majesties face did not only begin to shine upon us to the calming of all these tempests and troubles which were at fiâ—st raised by their own inventions and innovations of Religion but his Majesty did also with advise of the Counsâ—llours of both Kingdoms declare and assure that it was his Royall will and pleasure for afterward That all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliament and other inferiour judicatories established by Law which was and is the summe of our whole desires and therfore was pleased to indict a free Generall Assembly to be conveined at Edinburgh the 12 of August for setling the peace of the Kirk and a Parliament to be holden 26. August for ratifying the constitutions of the Assembly and for setling such other things as may conduce for the peace and good of the Kingdome And because his Majesty could not be present in his own Royall person which was our earnest desire and had been our great delight It pleased his Majesty so far to tender the minds of his well meaning subjects as to promise unto them a Commissioner instructed with full power to bring matters to a finall conclusion both in Assembly and Parliament against all fears offrustration and jealousies of prorogation or delayes And forsameekle as John Earle of Traquair his Majesties Commissioner honoured with a most ample Commission according to his Majesties Royall word having closed the Assembly and having sitten with us in Parliament a very long time for debating and preparing such articles as were to bee presented in face of Parliament doth now take upon him and that without the consent of the Estates and without any offence on their part who have endeavoured in all their proceedings to witnesse their loyaltie to the King and duety to his Grace as representing his Majesties sacred person to prorogate the Parliament upon a private warrant procured by sinister information against his Majesties publick Patent under the Great Seale and that upon pretence of a clause in the Commission under the quarter Seal which was only for fencing continuing of the Courttill the down-sitting of the Parliament and that even by representation of the Estates who now being present themselves cannot be represented by Commissioners but doe directly dis-assent which warrant is now expyred in it self and is not renewed under the quarter Seal whereby hee doth heavily offend all his Majesties good Subjects and indanger the peace of the whole Kingdome for which he must be lyable to his Majesties Royall animadversion and to the censure of the Parliament this being a new and unusuall way withour precedent in this Kingdome contrary to his Majesties honour so farre ingaged for present ratifying of the acts of the Kirk contrary to the Lawes Liberties and perpetuall practice of the Kingdome by which all continuations of Parliament once called conveened and begun to sit have ever been made with expresse consent of the Estates as may bee seen in the reigne of K. Jam. 6. Q. Mary K. Jam. 5. K. Jam. 4. K. Jam. 3. K. Jam. 2. K. Jam. 1. and so forth upward in all the printed and written Records of Parliament contrair to the publick peace both of the Kirk and Kingdome which by reason of the present condition therof and the great confusion like to ensue cannot endure so long delay and which is to the advantage of our malicious adversaries who for their own ends are uncessantly seeking all occasions by dividing betwixt the King and the Kingdome to bring both to utter ruine and desolation THEREFORE Wee the Estates of Parliament out of our zeale to acquite our selves according to our place both to the Kings Majesty whose honour at all times but especially conveined in Parliament we ought to have in high estimation and to the Kingdome which we represent and whose Liberties shall never be prostitute nor vilâ—fied by us are constrained in this extremity to manifâ—st and declare to all men who shall hear of our proceeding that as we have not given the least cause or smallest occasion of this unexpected and unexemplified prorogation So we judge and know the same to bee contrair to the constitution and practises of all preceeding Parliaments contrair to the Liberties of this free and ancient Kingdome and very repugnant to his Majesties Royall intentions promises and gracious expressions in the articles of the late pacification which we trust will be no sooner presented to his Majesties equitable consideration but the adversaries who have informed against us shall be driven from his Majesties presence and receive their deserved recompence of reward And wee doe further declare that any prorogation made by the Commissioners Grace alone without consent of the Parliament by himselfe or any Commissioner in his name or under the quarter Seal or by the Lords of the Councell who have no power at all in matter of the Parliament during the sitting thereof shall be ineffectuall and of no force at all to hinder the lawfull proceedings of the Subjects and the doers thereof to be censurable in Parliament And farther we declare that the Commissioner his nomination of the articles by himself his calling together these articles and commanding them to sit continually and proceed notwithstanding their day lie protestations to the contrair his keeping frequent Sessions of Councell and determining causes in Councell during the time of the Session in Parliament his calling down and calling up of money enduring the Session of the Parliament without consent of the Estates of Parliament notwithstanding that the Parliament had taken the money to their consideration and had purpose to have given their advice for a determination there-anent his frequent prorogating the ryding of the Parliament without consent of the Estates or mentioning
of Truth to enter in dispute but if our adversaries show not themselves more learned in their arguments nor they prove skilled in our Kirk-government and History which are the grounds of their vehement exhortation to their Northern brethren they will be found to have given but words in stead of substance As our adversaries have risen thus upon the one hand against our abjuration of Episcopacy by averring it to be of divine authority that the contradiction in the point of Kirk-government may be plain and strong So do they upon the other hand with all immanity and bar barousnesse against all our treaties and intreaties constrain our poore Countreymen and women in England and Ireland to sweare oaths whereof some covertly and other expressely carry an abjuration of the Oath and Covenant of Scotland as damnable and treasonable although it was sworne at first by the King himself that then was and is now again subscribed by his Majesties Commissioner in his name and with his consent ordained to be subscribed by Subjects of all ranks throughout the Kingdome and therefore may as well he called a Royall as a Popular Covenant What impiety this is against God and what provocation of his Justice what a snare it is to many poore soules how great dishonour is hereby done to Royall authority by had counsellours and wicked ministers and how farre it is from procuring cheerfull obedience or tying the hearts of people to Soveraignitie wee leave to be considered and heartily wish that a more wise a more conscionable and a more effectuall course may be taken for settling the peace of the Kingdome The words of the Oath which hath been ministred lately to be signed and sworne by some of our sea faring men and by them produced before us we have set downe and thereafter shall go on to the proceedings of our Commissioners sent to England I A. B. one of his Majesties Subjects in the Kingdome of Scotland doe by these presents signe with my hand upon my great oath as I shal be answerable to God upon my Salvation and Condemnation testifie and declare that CHARLES by the grace of God King of Great Britain France and Ireland Defender of the Faith is may Soveraigne Lord And that next unto Almighty GOD and his Sonne CHRIST IESUS He is over all persons within his Majesties Kingdomes and Dominions and in all causes as well Ecclesiasticall as Civill supreame Governour To whom his Heires and Successours I am bound in duty and alleageance to all obedience if it were to the losse of my life estate and fortunes doe hereby abjure all combinations Covenants and Bands that can bee pretended upon pretext of Religion or Liberty of the Kingdome and specially the damnable and treasonable Covenant commonly called the popular Covenant so much magnified now in Scotland and do promise never to take Armes against his Majesty his heirs and successours offensive or defensive but to abide constant in alleageance duety and obedience which I professe Almighty GOD hath tyed me to and to do the uttermost of my power against all oppositions whatsomever for rain or home bred So help me God The proceedings of the Commissioners sent from the Parliament of SCOTLAND To the KING SO soone as our Commissioners got presence and had the honour to kisse his Majesties hand they did in all humility represent to his Majestie how grievous it was to his Majesties good Subjects of that his ancient and native Kingdome that their loyaltie should bee called in question or that their proceeding should be traduced as trinching upon his Majesties authoritie or as contrare to the Laws And craved a publick hearing before his Majesties Councel of both Kingdomes for clearing of the justnesse and lawfulnesse of their proceedings and vindicating them from those unjust aspersions laid upon them by sinister information and that relation made publickly by the Earle of Traquair before the whole Councel of England to their prejudice And did likewise deliver to his Majestie a thanksgiving from the generall Assembly containing a supplication for ratifying the conclusions thereof upon the 20 of Februarie 1640. The King commanded that what ever they had to remonstrat or petition to him they would present the same in write And that he would signifie his pleasure to them by the Earle of Traquair whereupon they gave in the remonstrance or supplication following MOST SACRED SOVERAIGNE BEing sent here from the Parliament of Scotland humbly to remonstrat that no earthly thing could be more grievous to them then that their loyaltie should be called in question or that any such hard impressions should bee given to your Majestie against their proceedings as trinching upon your Majesties sacred person and inviolable authoritie as not warranted by the fundamentall Laws and laudable practises of your Majesties ancient and native Kingdome or as contrare to the promises remonstrances which were made to your Majestie by your humble and faithfull Subjects in the truth of their hearts and were in the same sense graciously accepted by your Majestie And seeing your Majestie hath out of your goodnesse and justice kept one ear for us and would not give place to the suggestions and obliquies of any till the reasons of our proceedings and demands were made known from our selves who are allowed by your Majesties Royall warrant to come here for that end Therefore we humbly crave that your Majestie out of your fatherly care and tender compassion of your native Subjects may bee graciously pleased to grant us a full hearing and to call such as are here of the Councel of both Kingdomes that before your Majestie and them your Majesties Subjects may be vindicat from these aspersions and imputations wherewith we hear they are charged and that we may clear that the desires and proceedings of the Parliament are so agreeable to the fundamentall Laws and practise of that Kingdome and to the articles of pacification as may merit approbation at the throne of your Majesties justice and procure your Majesties royall commandments for the proceeding of the Parliament that by the mutuall embracement of Religion and justice the peace of the Kirk and Kingdome whose distressed estate and condition can hardly admit delay may be established and the love and chearfull obedience of your Majesties Subjects confirmed and increased And lest by occasion of that relation which was publickly made by the Earle of Traquair before your Majestie and your Councel any prejudicat thought may be harboured in your Majesties royall heart and if any hard impressions be given against your Subjects unheard the same may bee disludged Wee humbly crave that we may have that relation in the same terms and as it was then delivered under his hand which since it is sought that wee may bee the more able to give all respective satisfaction to your Majesties royall and just commandments we hope will not be refused And having once the permission and happinesse in publick to clear the loyaltie of your Majesties
conveened together and sent for the Advocat who assured them that there was not nor should not bee any such thing but that the act should be conceived in so clear terms that it should not be possible to draw in under any part thereof a power to the Lords of Exchecquer to dispute let be to decyde in heretable rights And as the Subjects heretable rights and infeftments are by this act saved from being decyded or annulled by incompetent judges so your Majestie is no wayes prejudged thereby seeing the Lords of Session who by the laws of that Kingdome are proper and competent judges of heretable rights and infeftments may and will decyde any questions which may concerne your Majestie the nature tenor and validitie of any heretable right After reading and debateing of the former answers and agitation anent the Earle of Traquaires carriage in Parliament in refusing these things therein till whereunto he had consented in the Generall Assembly Especially that act of Assembly of the date the 17. of August whereby Episcopacie and the civill power and places of Kirkmen was condemned as contrary to the Confession of faith and constitutions of that Church And declared to be unlawfull and removed out of that Church and Kingdome and all the subjects by act of the Assembly with the Commissioners consent ordained to subscryve the Confession of faith with the Assemblies explanation Our Commissioners as they at the closure of all their hearings did humbly crave That his Majestie would be graciously pleased to command the Parliament to proceed and ratifie the conclusions of the Assembly and passe such other acts as were necessar for establishing Religion and the peace of that Kingdome And did require that his Majestie would signifie his pleasure concerning the desires of the Parliament and did urge their dispatch showing his Majestie the danger and prejudices which might result from delay But his Majestie commanded them to attend his time and leasure and appointed the 23. of March for the next hearing And that all farther propositions and demands which were to be made to them would be given in to them in writ that they might answere the same against that time Vpon the 20. day of the foresaid moneth of March about six a clock at night The Earle of Traquair sent to our Commissioners these propositions following PRotestation against the Thesaurer and privie seales precedencie That their giving way to the Thesaurer and privie seal should not prejudge them of their right The act anent the constitution of the Parliament in time coming being by the articles remitted to his Majestie to be considered till the next Parliament was thereafter questioned by some of the Nobilitie and Barons who orged the same to be brought in in open Parliament without any such reference Article craving every Commissioner of the Shyres to have a severall voice Article craving the Parliament to choose their owne Clerke or to have two of every Estate joyned with the Register and that all acts voiced in Parliament be immediatly subscryved by two of every Estate Article for every Estates choosing of their owne Lords of articles Act discharging proxies Article against the book intituled a large Declaration Commissioners of Shyres to give a roll of freeholders out of which the Justices of peace are to bee chosen Act anent the disorders of the North. Articles craving the Councell to be subalterne and censurable by the Parliament No patent of Nobilitie to be granted to any but such as have Ten thousand markes of yearely Land rent No taxation to be granted but in plain Parliament Act of pacification Article craving particular Commissions of Justiciarie and leiveteinandrie to be discharged Article in favours of Sheriffes and Stewards onely to be obliged to produce horning for the taxation Patent of making powder to be discharged Act discharging remissions for slaughter and theft but upon satisfaction to the partie Act discharging protections Act of common relief Article craving the act 1633. ordaining that confirmations and infeftments of Ward-lands shall not prejudge the Kings Waird to be repealed Act discharging the duetie payed to the Conservatour upon the coale Article craving the ammunition and armes brought in since the beginning of these troubles to be free of custome Article anent the election of the president of the Session and admission of the Judges presented by his Majestie Act craving Statesmen being Noblemen to have but one voyce His Majesties warrant for Master William Hay his deputation in his fathers place opposed by the rest of the Clerkes Vpon the 23. day of March the subsequent answers were presented to his Majestie by our Commissioners to these former propositions viz THe protestation made by some Noblemen that their giving way to the present Thesaurer and privie Seales precedencie should not prejudge them of their right Carries the reason of the protestation in it self Because in Law and practise it is usuall to any who conceive themselves prejudged even in these things where acts of Parliament passes against them To protest multo magis in such a case as this is it lawfull for them to protest That their giving way to that which they conceive hath no Law for it should not prejudge their right which is onely craved prout de Jure The act anent the constitution of the Parliament remitted by the articles to be considered by your Majestie till the next Parliament was questioned and urged that the same might bee brought in open Parliament without any such reference for diverse reasons First because in that act there was a clause craving it might be enacted that there should bee stataria parliamenta once in two or three yeares at least at which clause of the act so soon as it was understood by the proponers and ingivers thereof that your Majestie might conceive the same to derogat from the freedome of your royall power of indicting Parliaments when your Majestie pleased They did passe from that part and clause of the act And albeit it may easily bee demonstrat from the prejudice which your Majesties ancient and native Kingdome susteines through want of your royall and personall presence and their living at so farre a distance from the place of your Majesties residence how requisite it is that there bee frequent Parliaments holden in that Kingdome yet lest the desires of your Majesties subjects might seeme in any wayes to trench upon your authoritie they did passe from that part of their desire and did onely insist that there might bee a right constitution of the Parliament and that an act might be past for rescinding and repealing of such former acts of Parliaments as repugne the acts and conclusions of the Assembly which is conceived to be so absolutelie necessar as there neither can be a valide Parliament without the same nor can the acts and conclusions of the generall Assembly be ratified which to refuse were both contrar to the principall end for which the Parliament was indicted and against your Majesties royall
of that article or act craving the Councell to be subalterne and censurable by the Parliament Is from the warrant of former Lawes cited in the act it self wherein there is no more craved but that the former acts of Parliament against leasing makers and makers of division betwixt the King and his Subjects may bee revived And that the Councell and Session may bee comptable to your Majestie and the Parliament for any injustice shall happen to bee committed by them Where it is alledged there was one article That no taxation should bee granted but in plaine Parliament we remember of no such article or motion proponed As concerning the act of pacification The warrant and ground thereof flowes from the humble petitions and remonstrances of your Majesties Subjects wherein they did cleare their loyaltie and made offer of their civill and duetifull obedience to your Majestie And which by their humble supplication to your Majesties Commissioner and Lords of Councell and to the Estates of Parliament insert and registrat in the records thereof They have againe solemnely renewed And from your Majesties favour in condescending to the articles of pacification wherein your Majesty was graciously pleased That an act of pacification or oblivion should be past And in the narrative of the Act it selfe there is one humble and thankfull acknowledgement of your Majesties goodnes and Justice and is drawne up in such termes as was conceived might best expresse your Majesties fatherly care and goodnesse toward your ancient and native Kingdome without wronging the true and loyall meaning and intention of your Majesties Subjects And as for the body and legall part of the act the same was after much debating framed with advyce of Lawyers and consented unto by the parties chiefly interessed As to that article anent particular commissions of Justiciarie and Lievtennandrie all which was intended or desired thereby was That the abuses of these commissions might be in all humilitie represented to your Majestie by your Commissioner And that your Majestie might be graciously pleased to grant the like commissions onely upon weightie and necessar causes and to endure onely during the time of necessitie and the ingivers of the act was content to have it reformed that way As concerning that act given in for sheriffes and stewards craving that they might only be oblidged to produce hornings for the taxation It is not a new desire but that which hath been craved by them in diverse former Parliaments And they think that production of horning against the persons lyable in payment should bee an exoneration to them because they alledge they want many of the casualities and benefices which Sheriffes had of old by vertue of their office As concerning the proposition which was made anent the patent for making of powder All that wee remember was craved by the in-givers of that article was that in respect the Earle of Linlithgowes patent was voyde by a clause irritant in his patent whereby he was oblidged to keep the Works going and which are now decayed and the Countrey frustrate of the benefit and profit which might have accressed to them through that commoditie That therefore it might be allowed to any who were most fit and able to undergo the worke to make powder As concerning the act given in for discharge of remissions for murther slaughter theft but upon satisfaction to the partie All that was intended or craved thereby was onely That the heavie prejudices redounding to the Countrey by remissions purchased upon misinformation might be by supplication presented to your Majesties consideration That by your Majesties goodnesse and justice the like inconveniences in time coming may be prevented As for that act craving discharge of protections there was nothing craved thereby but the reviving of two former acts of Parliament viz the 47. act Parl. 11. and 13. act of the 23. Parl. K. Ja. 6. without any derogation to your Majesties power or authoritie which was done with the Commissioners consent Likeas it was recommended to him to represent the same to your Majestie with the reasons thereof The reason of the act of common reliefe is Because as the blessings of Religion and peace which from your Majesties happy governement and fatherly affection to your Majesties ancient and native Kingdome especially at this troublesome time are common benefites whereof every good subject ought to be sensible So is it agreeable with reason and justice that according to their interest every one may contribute a proportionall part of the charges which hath been spent for so good ends and the ordinar cause for which taxations are granted are ad relevationem imperii ob conservationem libertatis ac dignitatis ac religionis vel ob utilitatem communem subditorum wherefrom albeit some be averse yet the consent and voices of the most part should oblige for these ends whereunto your Majesties consent and royall authoritie is humbly craved to be added that the same may flow from your Majesties goodnesse and Justice and have execution to inferre payment thereof seeing the whole Commissioners of Shyres and Burrowes and the whole Nobilitie very few excepted are content freely and willingly to make offer of their proportionall part thereof As for that article craving the act 1633. ordaining that confirmations and infeftments of Waird lands shall not prejudge the Kings Waird to bee repealed There was no dispute nor conclusion made there-anent in articles neither as we remember was it craved by that article that the act 1633. bee repealed simply but that the meaning of that act may be explained and interpreted As for the article or act anent the duetic payed to the conservatour upon coale The same is craved to bee discharged by the coal-masters because it was an unlawfull exaction which he had no warrant to exact by his gift which was instructed in articles by production of his gift whereupon the act was past in articles The desire craving ammunition and armes brought in to be custome-free is warranted in Law in so farre as the commodities either expected or imported for the particular use of Noblemen Barons and Free-holders which are for their owne use and not to be sold againe are by act of Parliament declared to be custome-free As concerning the article anent the election of the President of the Session and admission of the Judges presented by his Majesty There was no new thing craved thereby but the ratifying and approving of the 39. act Par. 6. K. Ja. 6. 1579. And that allanerly in so farre as concernes the freedome of election to be made by the Senatours of the Colledge of Justice of the president thereof without any other clause of the said act Neither doth the act given in beare any thing concerning the admission of any other Judges presented by your Majestie As for that article anent Statesmen being Noblemen to have but one voice we remember nothing of any such question As to the last proposition Concerning the opposition made by the rest of
the Clerks against Master William Hayes deputation in his fathers place The Commissioner to whom they did produce their reasons in writ can best give an accompt thereof And albeit wee have in obedience to your Majesties commandement according to our bound duetie shown the reasons why these propositions whereof your Majestie hath taken notice as prejudiciall to your authoritie were demanded yet many of these propositions are of so small moment being onely and me erely about the interest of privat persons as they are of no publick concernement de minimis non curat lex Nor doth the Parliament stick upon these or any other articles of that kind any farder nor as they have cleare warrant of Law and as your Majestie and Estates shall find them convenient for the good of your Subjects But the humble and earnest desire of your Majesties Parliament is That seeing wee have showne your Majestie their humble desires and reasons of their demands your Majestie may bee graciously pleased to command the Parliament to proceede and ratifie the conclusions of the Assemblie and passe such acts as are necessar for establishing of Religion and for the good and peace of the Kingdome according to the articles of pacification That by the mutuall embracement of Religion and Justice under your Majesties happie government Trueth and peace may kisse one another and the joy and chearefull obedience of your Majesties Subjects may bee encreased After the deliverie and reading of which answers and answering all objections which were proponed by his Majestie or those of the Committee thereupon which our Commissioners immediatly after their parting with his Majestie did put in writ They declared that they had according to their Instructions with honest and willing hearts performed that charge which was laid upon them and did show his Majestie how much Religion and that whole Kingdome did suffer by delayes And that it would please his Majestie to give them their dispatch that they might returne to those that sent them who are longing much for the returne of his Majesties gracious answer Being thereafter removed and within the space of halfe an houre called in The Kings Majestie said That hee could not now appoint them any time for dispatch But that his Majestie would take his owne time to consider of their answers and would then make his farther pleasure knowne to them AFter that our Commissioners had thus acted their part faithfully in what was committed to them by us demanded of them by the King and could be expected from them by others This Declaration cometh forth under his Majesties name which may make his Majesties pleasure knowne to them and no more but known they being shut up and one of the Noblemen put in prison upon some pretensions of our powerfull enemies which what they are shall appear afterward so that they are deprived not onely of the benefit of further hearing but of all libertie to just fie themselves and their proceedings A necessitie therefore is laid upon us to compare the Proceedings with the Declaration that if there be any demands accusations or objections as we beleeve there bee few or none which have not been proponed to them they may now be examined by us and satisfied First concerning the forme of electing the articles nothing can be said by us which can so satisfie the minds of such as are not acquainted with this difficulty as the article it self as it was conceived which yet with other particulars of this kinde we are constrained to spare lest these papers grow to a greater bignesse then wee intended for the article is disjunctive that either the whole Parliament or each estate by themselves severally shall choose the articles And therefore although it were proven by some practicks that every Estate did not choose their ovn articles but that they were chosen by the whole Parliament this doth not militat against us but falleth into the other part of the disjunction contained in the article We holding this constantly that neither by the records of Parliament which are keeped up from us and unto which we appeal nor so farre as we can learne of old Noblemen who have assisted in Parliament for many years by the testimonies of Parliamentarie men in the yeare 1609. and 1612. specified in the Declaration pag. 21. or any other year before 1617 can it be showne that the forme used since the year 1617. had place in the election of the articles it was introduced with the Prelats and must go forth with them again it being impossible that Bishops having no place in Parliament by vertue of the act of Assembly and of his Majesties Declaration promising to confirme the acts of the Assembly can have any place in the articles And therefore that it was necessarie that the election of the articles should be altered unto the forme used before 1617. even when Prelats had voice in Parliament which can neither reflex upon his Majesties royall authoritie nor upon the internall life or externall lustre and glorie of the high court of Parliament What is objected for the power of the articles Declaration pag. 21. is so clearly and fully answered by our Commissioners pag. 19 20 21. that nothing more Nothing can belong to them by vertue of any preceeding act of Parliament or by the nature of the thing it self which is to be a preparatory committee for the Parliament that shall by us be denyed although it must be confessed that it belongeth properly to the Parliament to determine their power as in their wisedome they shall finde convenient Concerning the constitution of the Parliament it was necessar that it should suffer also some alteration but that was accidentall and by inevitable consequence following upon the act of the Assembly and subscription of the Covenant by his Majesties Commissioner and upon his Majesties irrevocable Declaration which can never bee interpreted to have any affinitie with Treason spoken of in the Declaration except we will say that the Kings Majestie and the whole Estates of Parliament who have full and uncontrolable power to make and abolish laws can runne themselves in the guiltinesse of that crime upon changing of their own laws and customes the fear is greater that acts of Parliament made for the advantage and advancement of Prelats against the Confession of Faith and Covenant of God and against many protestations of the Kirkbe Laes-Majestie divine to be repented of lest it pull down upon us the wrath threatned this day Acts of rescission or repealing are so necessar that it were not onely an incongruitie but a repugnance to make a new act and withall to suffer former acts ordaining the contrarie to stand in vigour and not to abolish them but the cause of quarrelling is in the matter of this act of rescission which cannot be remeeded except by rescinding of the act of Assembly of the Confession of faith and Covenant and of his Majesties Declaration which wee trust shall never be repented of since it
in the acts of prorogation the consent of the articles although it was done by their advice are contrary to the Liberties of this Kingdome freedome and custome of Parliament and that they be no preparatives practiques nor prejudices in time coming against us or our successours But because we know that the eyes of the world are upon us that Declarations have beene made and published against us and malice is prompted for her obloquies and waiteth on with open mouth to snatch at the smallest shadow of dis-obedience dis-service or dis respect to his Majesties commandements that our proceedings may bee made odious to such as know not the way how these commandements are procured from his Majestie nor how they are made knowne and intimat to us And doe as little consider that wee are not now private subjects but a sitting Parliament what Nationall prejudices we have sustained in time past by mis-information and what is the present case of the Kingdome Wee therefore declare that whatsoever by the example of our predecessours in the like cases of necessitie by his Majesties indiction and by the articles of pacification we might doe lawfully in sitting still and which in this extreame necessity were justifiable not onely before so just a King but to the faces of our adversaries yet out of our most reverent regard and humble desire to render not onely all reall demonstrations of civill obedience but to put farre from us all shew or appearance of what may give his Majestie the least discontent We have resolved for the present onely to make remonstrances to his Majestie of the reasons of our propositions and proceedings in this Parliament and how necessary it is that without delay a speedy course be taken for the preservation of the Kirk and Kingdome from the evills which the enemies of our Religion the Kings honour and of our peace do project and long for And in expectation of his Majesties gracious answer to these our humble Remonstrances that some of each estate having power from the whole body of the Parliament remaine still here at Edinburgh to attend the returne of his Majesties gracious answer to our humble and just demands farther to remonstrat our humble desires to his Majestie upon all occasions That heereby it may be made most manifest against all contradiction that it was never our intention to deny his Majestie any part of that civill and temporall obedience which is due to all Kings from their Subjects and from us to our dread Soveraigne after a speciall manner but meerely to preserve our Religion and the Liberties of the Kingdome without which Religion cannot continue long in safetie And if it shall happen which God forbid that after wee have made our Remonstrances and to the uttermost of our power and duetie used all lawfull means for his Majesties information that our malicious enemies who are not considerable shall by their suggestions and lies prevaile against the informations and generall declarations of a whole Kingdome We take God and men to witnesse that wee are free of the outrages and insolencies that may be committed in the mean time And that it shall bee to us no imputation that we are constrained to take such courses as may best secure the Kirk and Kingdome from the extremity of confusion and misery Which Declaration above written wee the Estates of Parliament require the Clerk to insert in the records thereof and grant extracts thereof under his hand and subscription This is the just copie of the Declaration produced and read in the utter house of Parliament upon the 18 day of December 1639 According where unto the Nobilitie nominated and appointed the Earles of Lothian and Dalhoussie the Lords Yester Balmerinoch Cranstoune and Naper The Barons nominate the Commissioners of the three Lothianes Fyfe and Tweddell The Borrows nominate the Commissioners of Edinburgh Linlithgow Stirling Hadingtoune Dumbar to attend here at Edinburgh the returne of his Majesties gracious answer to their humble Remonstrances Sic subscribitur Alex. Gibsone BEtwixt the prorogation of the Parliament and the sending of our last Commissioners three points are touched in the Declaration One that the Earl of Dumfermling and the Lord Lowdoun were sent with Commission from the Parliament to make their remonstrance to his Majestie but were not admitted to his presence and were commanded to returne because they were not licenced or warranted by the Commissioner and had not acquainted him with their propositions Although it be of verity that the Commissioner had showen to diverse of the members of the Parliament his Majesties own warrant for the coming of some to his Majesties presence which to them seemed more sufficient and of greater authority then any thing they could have from himself and why might not they have some things to propone or to complain of upon the Commissioner to his Majestie which was not sitting to acquaint him with that his Majestie in his fatherly affection which cannot be transmitted to another might judge between him and them It was in his Majesties power to give such answer to their propositions as seemed good in his own royal wisedom but to comand them who had not bin sent without his Majesties warrant to return unheard after so long a journey was more then could have been expected or suspected by a Kingdome conveened in Parliament by his Majesties authoritie The second is that the Earle of Traquair at his coming made a large and exact representation to the Councel of England 〈◊〉 he most considerable matters proponed in Parliament of the largenes of his relation wee doubt not but how exact it was our adversaries can best discover who had taught him before so to say his lesson in publick as might serve most for the ends intended by them especially to animat England against us for which they have set their wits since the treatie of peace to make all means whereof this was a powerfull one to cooperat The third is the judgement of the Lords of his Majesties councel of England to reduce us to our duetie by force rather then to give way to our demands Of which we say no further but that it was the sentence of a Councel and of the Councel of England against a Parliament and the Parliament of another Kingdome That it was pâ—â—â—â—unced upon the hearing of the relation of one man a new creature and but of yesterday against a whole free Kingdome of ancient Nobles Barons and others whose Commissioners two Noblemen were even now barred from hearing and presence and that it was in a matter of warre and peace which might ingage both the Kingdomes then which nothing could be more important for the present generation and for the posterity In Councel is stability but this is found not by precipitation but after many dayes agitation when the matters debated are more then ordinarie and such as it may be fall not to be considered once in many ages To us we confesse it seemed incredible at
fatherly compassion of his subjects who esteem no earthly thing more grievous to them then that their loyaltie to his Majestie should be called in question and their proceedings traduced may be pleased to allow you that favour to cleare them in publick before his Counsellours of both Kingdomes from these unjust imputations without acknowledging them as a Judicatory which you must alwayes decline You shall be earnest with his Majestie for obtaining a short day to be assigned for the sitting downe of our Parliament not onely for remeiding these great evils formerly knowne but also the confusion wherein the Subjects are cast by the copper-money lately coyned going at so high a rate far above the intrinsick value which being called down and up by the Councell within the space of eight dayes is made so questionable that scarce will any receive it till order be taken therewith That for such desires and motions as were made in articles and which the Commissioner required might be communicat with the King before the Parliament should determine thereof his Majestie being now acquainted therewith by his Commissioner may return the signification of his Royall pleasure there-anent lest the proceedings of the Parliament by reason thereof be longer delayed You shall beseech his Majestie with all earnestnesse in our names to bee pleased to trust no mis-report of our desires and actions till first he be pleased to communicate to us the Informations he hath received against us that so we may either clear the same or take the readiest way to give his Majesty all lawful satisfaction which may prevent all mistakings in time comming Seeing by the articles of pacification his Majesty was pleased to appoint a Parliament for removing the distractions and setling a perfect peace in this Kirk and Kingdome you shall therefore demonstrate many of these acts and over-tures presented to the articles whereat exception was taken were so absolutely necessar for that end as neither the causes could bee removed nor remedies applyed without them You shall remonstrate to his Majesty how that contrary to the articles of pacification whereby all things should have bin put in the like cōdition they were in before the late troubles The Castle of Edinburgh which had no greater number then 24. or 30. men allowed for keeping thereof is now furnished with six or seven score souldiers who have victuals provyded and laid in for a 12. month potpieces garnets fire-works and all other hostile furniture not fit for defence but for harming the Towne of Edinburgh notwithstanding the present Captaine professed hee desired no greater number of men then 60. for performing all dueties in keeping that place And that the Castle of Dumbartan is furnished in like manner and manned with Englishmen contrary to our acts of Parliament To answere the objections which either are proponed or which wee conceive can be proponed against the acts and proceedings of the Parliament according to the particular answers you have for that effect You are earnestly and humbly to intreat that the Kings Majesty having heard his Commissioner and you to the full may be graciously pleased to appoint the Parliament without any longer delay to sit down and determine all the articles given in to the Lords and others of articles whether they were past or referred or not past and to ratifie the conclusions of the late Assembly and for setling all such other things as may conduce to the publick peace and good of this Kingdome according to the articles of pacification and his Majesties Commission under the Great Seale And if any new propositions or challenges which were not proponed before and which may deepely concerne our businesse and whereof you have not any ground or warrant to make answer in your Instructions and Informations and which may necessarily require advice and answer from us before your returne in that you shall write or send to the Commissioners appointed by the Parliament to remaine at Edinburgh as you finde convenient to crave farder advice and instruction there-anent Seeing upon the relation of our proceedings wee heare there is a Parliament appointed to be in England which wee have this long time earnestly wished for as the remedy of many evills both for his Majesties good and the peace of the Dominions wee are confident they shall consider the estate of our businesse albeit wee and our Lawes are independant and different from them as they are from us wee are able to cleare to all who shall inquire in our actions and demands that they are agreeable to the Lawes and Liberties of our Kingdome and the duety of loyall Subjects and that wee never had nor have any intention to wrong his Majesties Princely power or lawfull authoritie nor with-draw our selves from that civill and temporall obedience which is due from us to our dread Soveraigne but meerly to preserve our Religion and Liberties of our Kingdome without which Religion cannot long continue in safetie You are to deale earnestly with his Majesty and humbly to beg at his hands that you may be quickly dispatched back againe that you may bee at home in Scotland betwixt and the 25. day of March next to come Sic subscribitur Lothian Dalhousie Balmerino Napeir Dundas of that Ilk Wachtoun Thomas Myrtoune of Kambo William Rig Sir David Murrey Sir George Stirling of Keir John Smith for Edinburgh Thomas Bruce for Sterling James Glen for Linlithgow Another particular is mentioned in the Declaration pag. 46. The neglect of a Ceremony and complement witnessing in our Commissioners the sense of his Majesties Grace and goodnesse in hearing them who had no power to accomodat affaires which how it was wee know not but his Majestie knoweth well that the Scottish Nation glorieth more in kindnesse and realities then in expressions by word or gesture they might also have interpreted a thanksgiving at that time when they were so serious to have been a losse or interruption in businesse or have feared the aspersion of glossing faining flattering which hath been put upon us before And it may bee that their sense was the lesse because they conceived their instructions to be full As they were obliged to the example of the Lord Marquesse of Hammiltoun named here for this good office so are we all longing for the happy time when our hearts shall be so far affected with the sense of his Majesties grace and goodnesse that our Supplications may bee turned in thanksgiving to God and the King our troubles into a firme peace and all our clamours and complaints into acclamations of joy at which time there shall be no want of Ceremonie thansgiving or gratulation from the whole Nation The third is That the answers of our Commissioners were impertinent c. pag. 47. And that the Lords of the English Councell were of opinion that our Commissioners ought not to bee heard till they should acknowledge that the Supreame magistrate must have authoritie to call and dissolve Assemblies and to have a negatiue voice
Commissioners subscription is declared to be one and the same with that of 1580. which giveth no warrant to such actions as ours are Where fiâ—st we desire it to be known universally that the Earle of Traquair his Majesties Commissioner did subscribe the Confession of Faith and Covenant with the explanation of the Assembly First in the house of Parliament in presence of the Lords of articles Septemb 6. both as Commissioner with the declaration made in the Assembly to be prefixed to his subscription and as Traquair simplie as other subjects have done Next that he subscribed the Covenant in the new house of Exchecquer as a Counsellour with other prime Lords of Counsell Roxburgh Lawderdaile Southesk and many others and that without any Declaration at all even the Marques of Huntlie shew his desire to subscribe with others but that he would have done it with protestation of his liberty outwith the Kingdome which the Ministers who were present to take the oath and subscription of the Lords could not admit But neither his Lordship nor any other pretended any scruple either in Religion or civill obedience to the King against their subscription so that neither in the Assembly nor in the Parliament-meeting of the articles nor at the Councell Table was there any suspition of treasonable combination against the King from this subscription Secondly if both that of the 1580. and this of 1638. be one then certainly this hath no more then that and that hath no lesse then this Neither is there any other difference of the one from the other but as was expressed in our Protestation Septemb. 22. 1638. such as is of a march stone hid in the ground and uncovered c. for this end and for giving full satisfaction to authority these words Wee have sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion c. but also that wee shall concurre with our friends and familiars in quiet manner or in armes as wee shall be required of his Majesty his Councell or any having his authority in every cause that may concerne his Majesties honour according to the Lawes of this Kingdome and the duetie of good Subjects c. are insert in the Supplication of the Generall Assembly first part of this representation pag. 48. Our third objection is That the demands proponed by us in Parliament are but matters in fieri which is so praegnant that it cannot be answered if it be considered as it was modestly proponed and very truly exponed by our Commissioners in their proceedings pag. 45 46. for many demands may be made to the articles which may be rejected by them and many things may be concluded in articles to be proponed to the Parliament which in face of Parliament being disputed may be judged inconvenient Demands are not definitions nor propositions to be accompted conclusions Things done by men must be in fieri before they be in facto esse every conception cometh not to the rypenesse to be a birth BY that which we have said we believe we are free before and in the Assembly and Parliament of insolencies and the heavy censures of Rebellion and Treason which are so ordinarily and at every other word thundered out that they are become the lesse formidable unto us who desire that all our actions and proceedings in this cause may be seen in their own colours and who are supported with this inward testimony that we fear God and still honour the King although nothing can proceed from us which will please our adversaries except we will follow their rules which are not unlike those of the Jesuits found at Padua when they were expelled the territory of Venice One of them was that men should take heed that they presse or inculcat not too much the Grace of God Another was that men must beleeve the Hierarchicall Church although it tell us that that is black which our ey judgeth to be white Vnto which we may adde the third invented by Ignatius Loyola of blinde obedience which we have no mind to practise because it is repugnant to the essence of the vertue of obedience which proceedeth from knowledge and election We intreat our adversaries to shew us in good earnest and not by way of railing In what sense have we incurred the censure of Rebellion and Treason in the Assembly as is alledged pag. 52. The Assembly was conveened by his Majesties authority countenanced from the beginning to the end by his Majesties high Commissioner all things were done with high respect to the Kings Majestie and with frequent prayers for his happines Nothing was put in deliberation till it was first proponed to his Majesties Commissioner nor any thing determined without his advice consent and approbation all was done in that order and decencie which this Nation out of use of Assemblies through the tiranny of Prelats usurping the jurisdiction of the Kirk could attain unto at the first or second time and all was closed with rejoycing in God and with many praises and prayers for the King under whose Majestie the Commissioner also had his own part And yet in the Assembly we must be guilty of Rebellion and Treason We cannot be mooved to think but the mitre of an usurping Prelat by the authority of a Nationall Councell may be thrown to the ground without the violation or smallest touch of the Crown or Scepter of Imperiall Majesty because we deny both the Tenets of the Romanists One that the temporall power of Princes is directly subordinat and subject unto persons Ecclesiasticall as having all power given them of God Another of such of them as are touched with a little shame that the temporall authority doeth not reside in persons Ecclesiasticall but is given unto them indirectly as necessar for the Spirituall which is but a shift and a difference of words what then should our judgment be of unlawfull and usurping prelats and popâ—lâ—ngs may be easily known by others or if need were made known by our selves if this were not a digression onely this much we intended that to dethrone a prelat and to over-turn prelacie we judge it no Treason against the King And so we come to the answer of the third part of the Declaration touching our faults since the Parliament Not three or foure but Ten transgressions and exorbitancies are here libelled against us The first three are the provyding of men munition and moneyes for our own defence which in us who are the Estates of a free Kingdome is held lawfull by the Law of God and Nature by our acts of Parliament by the practise of other reformed Kirks by the testimony of famous Divines by the assistance contributed by our own Princes to other Kirks and States invaded and distressed and we adde by the judgment of many amongst our selves who in the beginning of our troubles and before the late pacification had about this their own scruples wherein since considering what is done in England for