Par. 4. cap. 21. Par. 6. cap. 46. Par. 7. cap. 50. Par. 8. cap. 64. Par. 13. cap. 93. Item K. Ja. 4. Par. 1. cap. 2. Par. 2. cap. 17. Par. 5. cap. 55. Item K Ja. 5. Par. 7. cap. 99. Item K. Ja. 6. Par. 1. cap. 17. Item in the unprinted acts of K. Ja. 6. Par. 5. anno 1578. Par. 7. cap. 106. Par. 8. amongst unprinted acts an 1584. Item in his 13. Par. an 1593. amongst the unprinted acts And such like in printed acts of his Par. 15. cap. 249. Par. 16. c. 9. And in the Parliament an 1633 holden by your Majesties self There is commission given in Parliament to the secret Councel and other Commissioners anent the frequent course of Dollars and base copper money by reading of which acts It is most manifest That the fynnesse weight and price of money hath been ruled and determined by your Majesties predecessours and your Majesties self with advice of Parliament neither is it meaned nor intended that your Majesties royall priviledge which hath beene and is due to your Majestie and your royall antecessours shall thereby in any fort be trinched upon nor impared The reason of that article whereby it is humbly craved that the castles of Edinburgh Dumbartan and Striviling may be intrusted onely to Natives and these to be chosen by advice of Parliament of such faithfull and honest men as do tender your Majesties honour and the safetie of the Kingdome may be seene not onely from the nature and importance of the charge but likewise from the former practise of your Majesties royall predecessours who did dispose of these castles with the speciall advice and counsell of their Parliament as is recorded in the old Registers of the Parliament 1368. Likeas fol. 83. of the old acts K. Ja. 4. It is concluded by advice and deliverance of the three Estates That Patrick Lord Haills be keeper of the castle of Edinburgh and artilerie of the same c. Item fol. 21. cap. 35. K. Ja. 6. in the old acts The three Estates ordaines the castle of Dumbar and fort of Inchkeith to be demolished and destroyed that no foundation remain thereof Likeas by diverse unprinted acts as in anno 1578. and 1585. and 1606. Your Majesties houses hath beene disposed of with advice of Parliament And not onely nationall statutes but the common law of nature and Nations do forbid the receiving of strangers to bee keepers of the strengths of a free Kingdome And when the Parliament of Scotland 1604. gave commission anent the Union with England with exception of reserving of free Monarchie and the fundamentall laws liberties and priviledges of that Kingdome Your Majesties father in his printed speech to the Parliament of England 1607 when he interprets that clause of fundamental laws declares that hee could not make Scotland a naked Province without libertie and set Garisons over it as the Spaniards do over Cicilie and Naples or govern them by Commissioners So that his Majestie in his owne interpretation doth acknowledge that the putting in of Garisons especially of strangers as of English men in the Forts and Castles of Scotland as the King of Spain puts in Cicilie and Naples or as the King of England puts English in the Forts of Ireland is a breaking of the fundamentall laws and liberties of Scotland and the using of it like a naked conquest Province like unto Cicilie Naples or Ireland And as your Majesties Subjects gave an undoubted proofe how tender their mindes are in the point of obedience to your Majesties commandements not onely in delivering of the Castles to be disposed of at your Majesties pleasure without any assurance other then their confidence in your Majesties goodnesse and justice so have they of late given a verie submisse and rare testimonie of their obedience in the humble reception of these strangers and ammunition which your Majestie was pleased to send to the Castle of Edinburgh where the honours of the Crown and Kingdome and registers are keept preferring their obedience to your Majesties cōmandment to their own safety even at this time when their ears are filled with rumors of hostill preparation against them All which makes them and us in their names humbly to supplicat and expect that your Majestie will bee graciously pleased by recalling of that Garison to free your loyall subjects of these feares and dangers who will ever be ready to hazard their lives and fortunes to do your Majestie service Neither doe they in the act which is given in to the articles arrogat or assume power by themselves to appoint keepers for your Majesties Castles but do humbly crave that your Majestie may out of your goodnesse be graciously pleased to declare for further satisfaction of your Subjects that the Captains and Commanders of your Majesties Castles may bee chosen by advice of the Estates of Parliament And that such as shall happen to be placed betwixt Parliaments may beetryed and found by your Majesties Councell to be men of such qualitie as are fit and able to undergo that charge which in the judgement of the Parliament derogats nothing from your Majesties royall power As for reasons of the act anent the judicatorie of the Exchequer we have set down some few of the many reasōs which do sufficiētly prove the equity justnes therof 1 The Session and Exchecquer are distinct judicatories and not subordinat one to another and cannot be coincident in the same object And therefore seeing the question of right and nullitie of rights is competent to be decyded by the Lords of Session by way of action or exception it is altogether incompetent to be discussed by the Lords of Exchecquer 2 The Lords of Exchecquer are incompetent judges in a declaratour of nullitie by way of action and consequently cannot annull any right by way of exception which is a more summar way And it were absurd in law seeing the subject and question is one whether proponed by way of exception or action that incompetent judges of the action they should have a more absolute and summar jurisdiction by way of exception 3 It appears by an act of Parliament not printed 1593 intituled Commission to the Exchecquer anent decyding suspensions in the Kings cause that before the said act the Exchecquer had not power to decyde in suspensions while it was given them by the Parliament farre lesse then can it be thought that they ever had or can have power to decyde in the point of heretable rights Neither doth the late act 1633 authorize the Exchecquer to decyde therein expresly And if it bee truely considered some generall words contained therein intermixt with the particular cases therein exprest should not nor cannot be extended to so high a point as the disputing and decyding of the Subjects their heretable rights Likeas at the making of the said late act the Lords of Session having heard some surmize that your Majesties Advocat was giving in such an act seven or eight of them
by a treatie of peace have found no way more certain against it then to go about to commit some foul act against them with whom they would not have the accord to stand And it hath rarely come to passe that the best Princes have been suffered by male-contents to keep the conditions of peace which they have made with their own subjects For here it is no great difficulty to foment division and to make an exulceration in the mind of Soveraignitie We will not expresse what by relation and not by conjecture but by îndicative signes we learned at that time But will onely give the causes why the fourteen select persons called for by his Majesty were not suffered to goe to Barwick Some few of the many reasons given for staying the Noblemen and others named by his Majesty from repairing at this time to the Court at Barwicke 1. HIs Majesty hath not been in use at any time of the greatest securitie to call any of his Majesties Subjects out of the Kingdome after this sort At this time then which is so full of feares to call for so many of such Noblemen without any warrant or command sent to themselves it seemes to us strange and may we not say was ever his Majesty or his Royall Father wont to do so unto us since their going to England unto this day Although his Majesties Declaration at Dunce contrair to our mind and merit did call the late Assembly a pretended Assembly our humble and loyall proceedings disorders our courses disagreeable to Monarchicall governement and did threaten us with the terrours of his Majesties wrath yet our desire is to live a quiet and peaceable life under his Majesties governement and our zeale to his Majesties honour although with some aspersion put upon our selves before the world moved us to receive them because of diverse gracious expressions related from his Majesties mouth by our Commissioners which we did gladly heare and did note diligently for our own content and that wee might be able to satisfie others and without which the articles of pacification had never served for the beginning of peace yet we now understand that all or the greater part of these verball expressions are denyed which makes our hopes to waver giveth us great cause of Jealousie and suspition and moveth us to call in question all other reports made to us from his Majesty 2. His Majestie knoweth that what is so instantly pressed at this time was none of the articles agreed upon at that time And if beside the restitution of goods the rendring of the Castles the dissolving of the Army It had then been required that those fourteen should be sent to the Camp or to Barwicke the condition had beene harder then that wee could have yeelded unto it 3. Because we cannot judge the intentions of minds and disposition of hearts but by that which we heare with our eares and doeth appeare in action We desire to be considered that all expressions of favour are put upon our adversaries they esteemed and called his Majesties good Subjects and their practises his Majesties service Upon the contrair whole volumes are spred and even since the treatie put in all hands against us not onely stuffed with such reproaches against almost the whole Kingdome and particularly against the persons now sent for That it were a dishonour to the King to have such a Kingdome and a shame to bee set over such subjects as we are descryved to bee But also containing threatnings and vowes of exemplar punishment upon such as they are reported to be That the troubles of the Northerne parts of the Kingdome are not as yet ceased That Garrisons are kept at Barwick and other places of the borders That the Castle of Edinburgh is fortified and furnished above any thing that hath been heard of at any time before That some cruell and bloody words against the Scottish Lords have been over-heard in Barwick and which we could not have beleeved but that it is testified by so many Letters sent hither That our friends and Countreymen not onely in Ireland but even now in England are not only stopped in their trade but casten in prison for the modest refusing to take oathes contrair to their oath and Covenant which they have sworne in their own Countrey a violence not used before the treatie of peace contrair to the Law of Nations to the rule of common equitie of doing that to others which we would they should doe unto us and to the articles of pacification agreed upon with his Majestie These and other the like considerations doe so work upon us that for the present except we doe against our own hearts and deny our owne sense wee cannot give way to so eminent persons to repair to Barwick which we trust his Majestie neither will interpret to be disobedience nor diffidencie since we have been all carefull to see all the conditions performed to the uttermost on our part and there is not one of that number nor of us all but shall bee ready for our owne parts to give the most ample testimony of our obedience to his Majesties commandements and of our confidence in his Majesties Justice and goodnesse as his Majestie shall really find and experience at his coming and during his abode in the Kingdome For wee are assured what hath been committed by any since the begunne pacification contrair to any of the articles thereof hath proceeded from the disposition of wicked instruments about his Majestie who are enemies of his Majesties honour and our peace and have been the authors of all our wofull divisions which we beseech the Lord to put to an end by an happy and everlasting peace The darknesse of those clouds which than threatned the storme now like to fall upon this Iland had been easily scattered by the brightnesse of his Majesties presence in his Royall person which would have been so farre from danger as the Lord is witnesse never any such treacherous intention or motion entred in our hearts that never was there a King more heartily welcomed more chearfully intertained and more universally accompanied with congratulations and acclamations of joy then his Majesty would have been if he had come and stayed in this his native Kingdome till that had been performed in Assembly and Parliament which was promised in the articles of pacification But God would not have it so And his Majesty shew to our Commissioners That weighty affairs of the Kingdome of England did call for his Majesties presence whereof he had received advertisement from the Councell of that Kingdome But that he would appoint a Commissioner in his place fully instructed for the Assembly and Parliament By all which it is apparent that neither any tumult in Edinburgh nor the not coming of the Noblemen and others called for was so much as pretended at that time to be the change of his Majesties resolution Having now represented that the Innovation of our Religion and the infringing of our
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
of the Estates No change of the value of money or coynage thereof but by advice of Parliament Book of rates to be revised by Parliament The Castles of Edinburgh Dumbarian and Stirling to be intrusted onely to Natives and these to be chosen from time to time of honest men by advice of the Estates Act anent the Judicatorie of Exchecquer Because these propositions were delivered to our Commissioners without any objection against the same or querees concerning these demands They did require that if there were any querees to be demanded of them or any objections to be made against these or any other acts and propositions given in to the articles That the same might be set down in writ Wherunto it was answered That his Majesty was to make no propositions to them but that his Majestie being informed that such motions and propositions have been made either in face of the articles or to his Commissioner hath taken notice thereof as prejudiciall to his Majesties authority And therefore required them to show the reasons why they did demand the same Vpon the 16. of March when our Commissioners did appeare before his Majesty They did present their answers in writ to the former queree and propositions in manner following viz AS our power and instructions from the Parliament doe warrant us to show that their proceedings and desires are agreeable to the Lawes and practise of the Kingdome and to the articles of pacification So we are enjoyned particularly to answer all objections which either were proponed or which they conceived could be proponed against the acts and proceedings of the Parliament And as concerning any other question which was not moved in Parliament nor is against the articles and propositions given in to them As the same did not fall within the consideration of the Parliament So neither can it come within the compasse of our instructions as that whereunto wee have warrant to answer It is also to bee understood that the propositions and acts given in to the articles are not statutes but are onely proponed and given in to them to be prepared for the Parliament That the Parliament may enact or refuse the same as they shall find them expedient or inexpedient for the good of the Church and State And as concerning the queree anent the prorogation of the Parliament we are warranted by our instructions and informations to show that the prorogation of Parliaments of that Kingdome once being conveened in plaine Parliament and having chosen articles or entred on actions hath ever been done with consent of the three Estates as may be seene in the reigne of King James 6. Queen Mary K. Ja. 5. K. Ja. 4. K. Ja. 3. K. Ja. 2. K. Ja. 1. And so forth in all the printed and written Records of Parliament And they are confident that your Majestie will be graciously pleased to keep that order and forme of prorogation of Parliaments which all your most worthie and Royall Antecessours did Neither did the Parliament expect that your Majestie who did graciously grant this Parliament for establishing of Religion ratifying the conclusions of the Assemblie and settling the peace of the Kingdome and hath accordingly given an ample power under your Majesties broad Seale pro tentione observatione Parliamenti without any power or clause of prorogation or delay would require this Parliament to be prorogued without consent of the Estates of Parliament Till these things be performed which your Majestie was graciously pleased to condescend unto Where it may be objected That a Parliament was prorogued or continued De mandato Regis It is answered That proves the denomination of the act to be taken from the King But doth nowayes prove that the act was made without consent of the Estates more then that act of Parliament of K. Ja. 2. holden at Edinburgh the 28. of June 1450. fol. 33. Bearing that the three Estates did continue the Parliament without naming the King will inferre that the Estates wanted the Kings consent For it is usuall that the denomination of acts of Parliament is taken sometimes from the King onely sometimes from the Estates and sometimes from both And that the prorogation was done by act of Parliament is enough to prove it to be done with consent of the Estates And the Letter written by K. Ja. 6. in the Parliament May 1604. To the Lord Balmerinoch his Majesties Secretary That seeing the Parliament of England was continued therefore the Estates should continue the Parliament of Scotland which they did doth evince that the Parliaments were continued with consent of the Estates And having thus according to the instructions given to us showne the Judgement of the Parliament whose Language and mind wee ought now to speak and not our own privat opinions anent the forme and order of prorogation which hath been constantly observed in all preceeding Parliaments we doe so much tender your Majesties royall power and lawfull authoritie which we have solemnely sworne never to diminish as wee neither dare nor will presume to exceed our instructions to define what your Majestie may doe in the hight of your power For to dispute à posse ad esse is both against Law and Divinity And what ever your Majestie may doe in the hight of your power we hope your Majestie will ever bee graciously pleased to rule your Subjects according to Law the continuall practice whereof we have showne in this point neither know we any former Law or practice to the contrair And if any man hath informed your Majesty or affirmed that it is otherwayes affirmanti incumbit probatio As concerning that act whereby it is craved that the power of the articles may bee defined wee have direction and information from the Parliament to show the equity lawfulnesse and expediencie of that act which may easily bee perceived from the reasons contained in the narrative of the act it selfe which brevitatis causâ is referred thereto as also from the written records and printed acts of Parliament from the nature of all Committees and from the present estate and condition of the Parliament of that Kingdome For as it is cleare by the historie of that Kingdome and the records of Parliament that there was never such a thing heard of as Lords of articles untill the time of King David Bruce So it is manifest in all the printed and written records of Parliament since that time that many Parliaments had no Lords delegat for articles at all and when there was any chosen the nomination and election of them was ever with the common consent and advice of the whole Parliament till the Parliament in anno 1617. That the Bishops took upon them to remove out of plaine Parliament to the Inner-house and choysed some out of the Noblemen the Noblemen them and they two choysed the Commissioners to be on articles of Shires and Burroughs which as it was against the first institution form of election of al preceeding articles introduced by
Subscribed with their hands At Edinburgh the first day of November 1639. By some of each Estate for themselves and as representing the rest of their number at their command and desires 1. FIrst to shew and declare that our desire anent Religion is That wee may enjoy the same according to Gods word the Confession of Faith and constitutions of the Kirk of Scotland and that all matters Ecclesiasticall shall be determined by the assemblies of the Kirk without incroatching upon the libertie priviledge and government of any other reformed Kirk 2. To shew and declare That wee never had nor have any intention to diminish his Majesties greatnes and authoritie which by the law of God and of this Kingdome and by the descent of 108 Kings wee acknowledge to be due to his Majestie neither did we ever intend to impair or withdraw our selves from civil and temporal obedience to his Majestie but in every thing to carrie our selves as becometh faithfull humble and loyall Subjects whereof we shall be ready to give reall demonstrance and proof when his Majesties service shall require the same 3. To shew how grievous it is to his Subjects That wee heare his Majestie is mis-informed and displeased with any of our proceedings The lawfulnesse and loyaltie whereof we desire ye may clear to his Majestie 4. Ye would give to his Majestie a true information of all our proceedings in the Assembly and Parliament whereof ye have the special acts and reasons for the same and justifie them against al aspersions and objections especially ye would clear they do no wayes trinch upon the Kings authoritie whereof his Majestie seems to be mis-informed 5. Ye would shew the great prejudices of this Kirk and Kingdome by continuall by-gone letts and delayes of the progresse of the Parliament and how much it may contribute to his Majesties honour the Subjects content and for procuring of heartie and chearfull obedience That the affairs of this Kirk and Kingdome may without longer delay be settled especially seeing all the Subjects desires are given in to the Parliament and articles and are such as agree with the articles of pacification without the least wronging of his Majesties authoritie or impairing of the Subjects civill and duetifull obedience 6. Ye would therefore urge after your clearing of all objections made against any of our acts and proceedings That his Majestie may bee graciously pleased to direct his Commissioner to go on in Parliament without further delay to determine all the articles by the advice of the Estates and to the ratifying of the conclusions of the late Assembly and settling 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 Seal 7. For the clearer determining of all questions ye would earnestly desire the production of the laws and records of Parliament the up-keeping whereof is contrarie to all law practique and reason 8. If the King will not condescend to give order to his Commissioner to goe on presently in Parliament for ratifying the acts of the Assembly and for determining and deciding such acts as are given in to the articles then at the least his Majesty may be graciously pleased to enjoyne the Commissioner to prorogate the Parliament in the tearmes contained in the offer made to him which ye have with you 9. And if his Majestie send for the Commissioner ye would try and advertise whom yee think fittest to bee sent from the Estates with the Commissioner to informe the Kings Majestie more fully and to procure his Majesties warrant for their up-coming for better clearing of matters and for his Majesties further satisfaction 10. Ye would be frequent and sure in your advertisements to us how our businesse goeth and what yee conceive will be fittest to be done by us here 11. Ye would remember the many grievous complaints given in to my Lord Commissioner and Lords of articles by these of this Nation who are In-dwellers in Ireland of whom oathes are exacted unwarrantable by the Lawes of the Church of Ireland as also some of this Nation have been pressed in England with the like oathes At Edinburgh 20. Jan. 1640. Instructions from the Commissioners appointed by the Estates of Parliament to make remonstrances to his Majesty of the reasons of the prepositions and proceedings in Parliament and for receiving his Majesties answers and upon the return thereof to remonstrat their humble desires to his Majesty upon all occasions given to the Earle of Dumfermeling Lord Lowdoun Sir William Douglas of Cavers and Master Robert Barclay Provest of Irwing Commissioners direct to his Majesty with the advice of the Noblemen and Commissioners of Shires and Burrows conveined for the time which are added to the former instructions granted to the said Earle of Dumfermeling and Lord Lowdoun by the Estates of Parliament Novemb. 1. 1639. SEeing the Earle of Dumfermling and Lord Lowdoun were den yed accesse to impart to his Majestie the former Instructions given to them by the Estates of Parliament and seeing upon their returne his Mejestie was petitioned to give order for proceeding of the Parliament or if his Majestie should finde it necessary for his further satisfaction to take notice of the reasons of our proceedings from some of our selves that his Majestie would give signification of his Royall pleasure here-anent and grant warrant for such as should be sent And that now his Majesty by his answer to our supplication hath allowed and given warrant that such as we think fit to send may repair to his Majesty to shew the grounds and reasons of our demands Wee have for discharging of our humble duetie according to his Majesties commandement sent you up to impart to his Majesty the former Instructions given to the Earle of Dumfermling and Lord Lowdoun To shew that our proceedings and desires are agreable to the Lawes and practises of the Kingdome and articles of pacification as you were also directed to doe by the former Instructions which when you have cleared lest verball expressions be controverted you shall give in the summe of our demands and crave the answers thereof in writ and what else shall be objected against us or replyed for our justification and that for avoyding contestation about words in time hereafter If you bee called to give answer and account to the English Committee or Councell or any other Judicatorie you would show that you are sent onely to his Majesty and discharged likeas wee doe heereby discharge you to answere to any Committe or Judicatorie who cannot meddle in matters of the Parliament of this Kingdome being independent of any but of God and the King Because wee heare that sinistrous informations and the late relation made by his Majesties Commissioner before the whole Councell of England hath given hard impressions against our proceedings whereof as we cannot but be sensible so you shall crave that his Majesty out of his tender care and
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
in them c. If their answers did give the reasons of the demands in Parliament as it may appear by their proceedings they did in so many of them as were controverted for other demands there was no just exception against them as is acknowledged Declaration Pag. 45. 47. they were not impertinent but satisfactorie although they did not satisfie our adversaries who were determined to receive no satisfaction but in the overthrow either of our Religion and Liberties or of our selves It could not in reason be expected that three or foure Commissioners should hold a Parliament there with a Committee and leave nothing to a Parliament here but an approbation of their doing This hath more in it then can be told in few words It had been good before the Councel of England had given their opinion which we beleeve was not their sentence that they had called to their remembrance that our Commissioners were sent not to give judgement but to give the reasons of our demands and that they behoved to keep themselves within the compasse of their instructions that in the time of the peace making his Majestie thought it not meet to insist in the three Querees of calling and dissolving Assemblies and of a negative voice as may be seene before in the first part of this answer pag. 13. And that his Majestie did graciously acknowledge that all matters Ecclesiasticall whereof this being understood of the Assemblies of the Kirk is one ought to be determined in the Assemblies of the Kirk according as it is determined in the late generall Assembly act August 17. of prorogating or dissolving of Parliaments and other assemblies our declaration speaketh pag. 55. What other supreame powers in the Christian world may do by their different laws constitutions and customes were long and laborous to enquire but wee shall strive to keep our own without wronging any other Kingdome either by our sentence or opinion especially in times of danger Before we come to the third part of the Declaration we meet with the answer of three objections which are supposed to be made upon our part The first is pag. 47. that his Majestie promised unto us a free Parliament and we adde that a speciall promise was made of the ratification of the acts of the Assembly in Parliament and of settling other such things as may conduce to the good and peace of the Kingdome Like as we were oblidged both by the nature of the thing it self and our promise To seek nothing but to enjoy our Religion and liberties according to the Ecclesiasticall and civil laws of the Kirk and Kingdome and not to diminish his Majesties greatnesse and authority But when the Parliament is conveened the acts of the Assembly are refused to be ratified in so far that his Majesties Commissioner refuseth to repeall and rescind such acts of Parliament as are inconsistent with the ratification of the acts of the Kirk although it cannot upon any shadow of reason be denyed that the Parliaments power and freedome consisteth in this to make and unmake laws as in their prudence shall seem convenient Other articles which were proponed as they were conceived to be for the peace and good of the Kingdome so neither in the intention of the proponers nor in their own nature and condition did they touch or trench upon his Majesties Glorie Crowne Sceptre or Power as is before made manifest they all tending either to the sensible good of the Subject or to the reforming of such abuses as do obscure his Majesties justice and goodnesse and being granted would conciliat love reverence and cheerfull obedience to his Majesties government The second objection supposed to be made by us Declaration pag. 48. is from his Majesties allowing of the Covenant and commanding of the Lord Marquesse of Hammiltoun the former high Commissioner and other his Majesties Subjects to subscribe it and from the Earle of Traquair his Majesties high Commissioner his subscription or allowance of the subscribing of the Covenant It was never in our mindes to make use of the first our reasons are extant in print against it as subtilie disappointing and destructive of our intended reformation against the late novations and against Episcopacie it self the waggoner which had brought them in and when it was subscribed by some few it was done with this expresse Declaration That they subscribe it in no other sense but that which it had in the yeare 1580 when it was at first subscribed which is found by the Assemblies of the Kirk contrarie to the Lord Marquesse his meaning quite repugnant to Episcopacie and all the attendants thereof in Kirk and State wee indeed acknowledged it to be the same in substance with that which we have subscribed of late but that by our adversaries who ever set themselves against our explanation and application thereof to the late corruptions and innovations was not acknowledged till the Assembly at Edinburgh and by some of them is still denyed what is pertinent for the clearing this question was so fully written at that time that nothing needeth now to be added Concerning the Earle of Traquair it is alleadged Declaration pag. 50. that we have no warrant for our actions for rebellious courses and treacherous combinations no man can have warrant and we detest and disclaime them from his subscription of the Covenant First because it is evinced by the petition of the Generall Assembly for subscribing of the Covenant that our subscription before this time was neither laudable nor warrantable where wee intreat the reader whosoever to make some pause and compare the words of the Supplication of the Assembly with the words of the Declaration The words of the supplication as it was presented before the Councel table standeth registrat in the books of Assembly and Councell is prefixed to many subscribed copies of the Covenant even that which was subscribed by the Commissioner and Councel and is printed supra pag. 40. ANd following the laudable example of our predecessours 1589 do most humbly supplicat your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell to injoyne by act of Councell that the Confession and Covenant which as a restimony of our fidelitie to God and loyaltie to our King wee have subscribed may be subscribed by all his Majesties Subjects The words of the Supplication as they are cited in this Declaration pag. 50. NOw following the laudable example of their predecessours they doe humbly supplicate for the same and that they may be allowed and warranted to subscribe it The cogging and cosenage is so grosse that we are forced to turn our answers in this point obvious to every ey into a complaint that any of whatsoever quality shall be suffered after this foul and falsifying way to wrong the Kings honour and the Kingdomes peace in so high a matter as is a Covenant Next our actions are said to be unwarranted because this Covenant by that which is prefixed to the
it unlawfull by the Law of God and man to call for help from God and man Is there no help nor assistance by intercession by supply of money c Is all assistance by the sword and by men Is all imploring of assistance an argument of subjection unto the assistant May not friends and equalls assist as well as superiors Shall it be thought that diverse Princes and Estates sued unto for help are all invited to be rulers and governours over one and the same people We love not shrouds nor disguisements we speak the plain truth and feare nothing so much as that truth be not known We never had intention to preferre any forrain power to our native King whom God hath set over us We love not our selves or the English Nation so little as to raise up any wall of partition between them and us The Proclamation at that time as may be seen in our last Remonstrancepag 34. was without example Great forces by sea and land were coming upon us Informations went abroad in other nations to the prejudice of us and our Cause This made us to resolve to write unto the French King apprehending that upon sinister relation his power might be used against us as may be seen in our Instruction printed in our Remonstrance pag. 37. What kind of assistance we called for whether of men or mediation may be best known by the Commentary of our Letter our Instructions which are ready to be seen and are signed also by the Lord Lowdouns hand now in prison and therefore if we should need to say it not falsified without subjection or soveraignitie of either of the Nations Scotland or France Aide and assistance hath been given in former times If we had called at that time or have called now in the return of our troubles upon Denmark Holland Sweden Poland or other Nations for help are we therefore inviting them all to soveraignitie over us And when all is said or done the Letter was but an Embrio for saken in the birth as containing some unfit expressions and not agreeable to our Instructions and therefore slighted by the Subscribers but catched for some great advantage by this treacherous and secret accuser of the Kingdome Another Letter was formed consonant to the Instructions and signed by many hands But neither was this sent from us although some invent or imagine that it was intercepted by the way to France would be but late to avert the danger which was so neere The Letter it self carieth two tokens that is was unperfected one that it wanteth a date another that it beareth no superscription from us Both these are craftily turned against us The blank date hath made our enemies to number this Letter amongst our pretended faults committed after the Parliament where as it is universally known that it was written in May 1639. before our marching to the Border and therefore ought to have been buried in the pacification This is well known to the Commissioner who talked of it before his going to England was occasionally made known to some of quality in his Majesties Camp The want of the superscription hath made them to indorse it Au Roy a title say they used by the subjects of that Kingdome to their own Prince only But we affirme that the Letter was neither sealed folded nor written on the back by us or by our knowledge we hold it but a poore argument ground of accusation against the French or Dutch supplicating or writing to our King if they should say To the King every King being the King in his own Dominions We love not to harp more upon subscribing superscribing or sending of letters to other Princes to the Pope himself from examples of old of late which are not hid from the eyes of the world It is sufficient to us to have justified our selves to show how innocently the Lord Lowdoun suffereth for putting his hand to such a Letter the guiltines or innocencie here not being personall or proper to the Lord Lowdoun but nationall and common to us all And although it had been a fault his alone yet what soever it was it did in time for along time go before his cōmission imployment therfore ought not to have bin challenged till he had returned to his country unclothed himself of his commission turned again to be what he was a privat Nobleman The dignity safety of nations kingdomes Estates Republicks are much interessed in their Cōmissioners Legats whether they be sent from one Prince to another or from a kingdom province or republick to their own Prince Their dignity for what is done to the Legat is interpreted to be done to them that sent him their safety because if Legats be wronged there can be no more composing of differences nor possibility of Reconciliation which is the ground of the Law of Nations whose being consists in their honour and safety and therefore it will have no Legat to be accused during his Legation for any thing committed by him befor it It commands Legats to be free even from the inferiour Law of Reprisall and doeth reckon these to be the excellent effects which it produceth in all places where it is obeyed Religion to God Pietie toward our Countrey propulsation of injurie keeping of faith and that Legats be inviolable And although there were not such a Law of Nations yet his Majesties own roy all and inviolable warrant for the coming of our Commissioners to his presence at this time is enough for their safe conduct and security If they have committed any thing at home against their King Countrey or any particular subject the fundamentall Liberties and indepencie of the Kingdome and the practises of the former times since 1603. not onely in the persons of Noblemen but of others of mean quality doe require that they be tryed and judged at home in a Legall way by the ordinary Judicatories of the Land How many bloody warres and what horrible calamities have ensued upon this transgression of the Law of Nations we leave to be remembred from the Records of history and earnestly intreat for their liberty and safety who are to us as our selves When the wittinesse and malice of our adversaries are vented to the uttermost against all our proceedings since the pacification for things done before on either side ought not to be remembred not that we fear a new try all but because they are unty mous and impertinent By that which we have said and represented the unpartiall and such as are not praepossessed will find that till the peaceable ending of the Assembly and the proroguing of the Parliament not onely the bonds of piety to God loyaltie to our King and zeal to be approved of our neighbours but our desire our care and hope that all should end in a setled peace did oblige and tye us to bear many injuries to construct all so far as was possible to the better
of questions were withholden The Lord Commissioner his usurpation in the chosing of the articles above any thing that ever was done by any Commissioner or any of our Kings themselves before The act of oblivion refused except it had been turned in an act of pardon which his Majestie did not presse but passed by and caused delet in the time of the treatie The act of relief so necessary for the Subjects refused and the matter of Coyne altogether disordered The Parliament prorogat against the laws and continuall custome of this Kingdome and against the articles of the treatie The labouring of division by all means in the time of the sitting of the Parliament whereof some were shameful and unnaturall as is confessed since under the hand of some of the conspiratours upon theremorse of their conscience The Lords of Dumfermling and Lowdoun sent from the Parliament and that upon a warrant shewed by the Lord Commissioner were not honoured with his Majesties presence but commanded to return Scandalous relations of the proceedings of our Parliament made at the Councel table of England and judged there but the benefit of hearing before the Councel denyed to our Commissioners The Committee appointed by our Parliament for necessarie and pertinent ends is quarrelled and an English Committee of some few allowed to sit and judge of our Parliament The answers of our Commissioners taxed as impertinent but no particular reason given to shew that they are such The Covenant allowed by the Assembly and subscribed by the Lord Commissioner disallowed and that which was rejected before esteemed Our Commissioners pressed to give their judgement concerning calling and dissolving Assemblies and the negative voice in Assemblies contrary to the laws of this Kirk and Kingdome otherwise not to be heard Counsellours and officers of Estate discharged their places summarlie and never heard Commandment given to the town of Edinburgh to publish a Proclamation for discharging the Earle of Argyle from executing the office of justiciarie belonging heretablie to him by act of Parliament and to disclaime and disallow a Committee appointed by Parliament Commandment given to the towne of Edinburgh to receive to the Castle Garrisons of strangers over their own heads and to furnish all materials for their own ruine Great violence and outrage done by the Castle of Edinburgh not onely against men and buildings but women and children for many dayes past without any provocation from the towne A terrible commission granted to Northumberland for subduing and destroying us before our Commissioners who were waiting and ready to clear our intentions and actions had a hearing Great preparations by sea and land at home and from abroad against us before it was told us for what fault Our Ships and goods taken and the owners stripped naked and more barbarously used then by Turks and Infidels and we referred by the Governour of Barwick to the Councel of England for satisfaction Letters sent for eight Noblemen to repair to Court to be put it seemeth in the same condition with the Lord of Lowdoun The restraint of our Commissioners and the imprisonment of the Lord Lowdoun against all equitie law and conscience All things devised and done that may make a rupture and irreconcilable warre between the two Kingdomes All means used to disgrace this Kirk and Kingdome Books Pasquils Maskes honouring of our cursed Prelats advancing of our deposed Ministers denying presentation to Kirks c. No other answer given to our Commissioners there or to us here concerning the reasons of our demands whether they satisfie or not but a declaration given out denouncing a warre and armies coming upon us The Parliament of England which was called upon the sentence of the Councel animated by the relation made by the Commissioner that it was fit to use force against us hath not seen just cause of warre or of giving moneyes for war and so to enter in a nationall quarrell and therefore is broken up and yet the expedition ceaseth not By this time it may bee evident how matters stand all being brought to a worse condition then at the beginning nothing done nor granted for the enjoying of our Religion and liberties but all the means which have been used by us not onely before the Assembly and Parliament but even in the Assembly so peaceably ended with the consent of the Commissioner are censured for Rebellion Treason and contempt of authoritie Large profession is made before God and the world of a constant intention that wee shall enjoy our Religon and liberties and more then this we nor do nor did ever desire how then cometh it that wee rest not satisfied since his Majestie is disposed to grant all our desire The fallacie may bee soone seen The Declaration professeth that his Majestie never did hinder us from the enjoying of our Religion c. because his Majestie is still in the opinion at least our enemies would have it to appear that the Service Book the Canons Episcopacie are nothing against our Religion And therefore would grant us a Religion that may consist with them and take them all within the compasse of it In this sense the Lutherans Arminians Papists were they our Superiours would grant us the enjoying of our Religion because they conceive it not to be Religion wherein we differ from them and Politicks please themselves with a few principles of religion what is over those to be but superfluous or indifferent And where it may be opposed that his Majestie grants the enjoying of our Religion and liberties according to our Ecclesiastical and civil laws the same deception doth recurre and can never be removed till determination passe in Assembly and Parliament what are Religion and liberties by our laws This was therefore the summe of our desires from the beginning which his Majestie was also graciously pleased to grant but when the Assembly hath conveened and determined And when it beginneth to appear what the determination of the Parliament is like to be then all is called and counted rebellion Treason and contempt of authoritie in the Assembly and Parliament although proceeding soberly posedly and upon such grounds as were furnished by the lawes of the Kirk and Kingdome This is the round that wee have runne and wee are led back to the point at which we had our beginning A circular course which forteth well with the advise professed in a divisive meeting in the time of the Parliament and since discovered I will never bee an adviser of his Majestie to invade this Kingdome by hostility but to make shows upon our borders that we may be ever in armes our means may be consumed and we inpoverished that so the King at last may obtain his ends which is to turne this work into Penelopes â—ebbe to doe and undoe and thus to labour in vaine But the adviser might have been better acquainted with the Scottish temper of his own countreymen Seeing then that our humble desires of enjoying our Religion and Liberties are
would against the light of our minds and consciences have sinned against God and condemned our owne deed Thus way was made to the pacification and for praeoccupying all mistakes whether wilfull possibly by some or through weaknesse of memory by others These vocall interpretations and expressions were collected keeped by our selves and in papers delivered to some of the Counsellours of England in the words follow-ing Some conditions of his Majesties Treatie with his Subjects of Scotland before the English Nobility are set down heere for remembrance AS for the preface and conclusion of his Majesties last Declaration although it conteined hard expressions of the Subjects in Scotland yet his Majestie declared that he had no such opinion of them but required the paper to stand for his credit and for a point of honour with forraigne Nations and required they should not stand with him for words and expressions so they obtained the matter 2. As for calling the late Assembly pretended seeing the Subjects of Scotland professed they would never passe from the said Assembly and decrees thereof His Majestie professed as he did not acknowledge that Assembly further then as it had registrat his Declaration so would he not desire the Subjects to passe from the samine 3. Concerning the constitution of the Assembly It was showne his Majestie that none could be members of the Assembly but such as had a Commission viz. two or three Ministers from every Presbyterie with a ruling Elder one from each Burgh and University and his Majesties Commissioner His Majestie contended that his Assessours had vote and upon an expression in his Majesties Declaration that referred to some reasons contained in former Proclamations which were totally against the lawfulnes of ruling Elders It was desired that according to the custome of this Kirk all contraversies arising should be remitted to the Assembly it self His Majestie had some expressions craving these to be remitted to himself but being told that it was against the constitutions of the Kirk to have any other Judge but the voycer of the assembly where his Majestie or his Commissioner should be present and give the first voyce It was concluded that the word Free Assembly in his Majesties Declaration did import the freedome in judging all questions arising there concerning constitution members or matter 4. Concerning the restitution of the Castles as the subjects did it freely so did they expresse that what might concerne the safetie of the countrey they referred to the time of the Parliament at which time they should signifie their desires by Petition to his Majesty As also they told it had cost much charges in fortifying and keeping thereof The representation whereof to his Majestie they referred to that time 5. Concerning the restitution of persons goods and houses required by his Majestie It was promised provyding the great summes contracted for the publick were repayed in an equall way by all which behoved to be done either by commission from his Majestie or by Parliament And when it was objected that much goods were already spent The King answered That as for goods or ammunition that was spent they could not be restored but these that are extant must bee 6. His Majestie not allowing of the late assembly for the reasons contained in his severall Proclamations being excepted against as a declaration of his Majesties judgement against ruling Elders which prejudged the right constitution of a free assembly His Majestie after full hearing deleted that clause 7. That part of his Majesties Declaration which beares that no other oath be exacted of Intrants then that which is contained in the act of Parliament as also that clause bearing that the pretended bishops c. shal be censurable by the generall assembly being excepted against as presupponing and importing the continuance of episcopacie which wee could not acknowledge as being incompatible with the Confession of faith and constitution of the Kirk His Majestie was pleased to delete both these clauses 8. And it being with all instancie and humilitie prest Saturday June 15. That his Majestie would satisfie that main desire of the Subjects by declaring that his Majestie would quite episcopacie did answere that it was not sought in our desires And when it was replyed that our first desire to have the acts of the generall assembly ratified imported the same his Majestie acknowledged it to be so and averred that he did not refuse it but would advyse till monday the 17. At which time his Majestie being prest to give some signification of his quytâ—ng episcopacie and it being plainly shown to his Majesty that if he would labour to maintain episcopacie it would breed a miserable schisme in this Kirk and make such a rupture division in this Kingdome as would prove uncurable and if his Majesty would let the Kirk and Countrey be fred of them his Majesty would receive as hearty and duetifull obedience as ever Prince received of a people His Majestie answered that he could not prelimite and fore-stall his voyce but had appointed a free assembly which might judge of all Ecclesiasticall matters The constitutions whereof he promised to ratifie in the ensuing Parliament It were against duety for us to doubt of his Majesties intention to be personally present in the Assembly as it is expressed in the foresaid Declaration And we are no lesse assured that if it had pleased God so to dispose matters this day might have been in a better and more peaceable posture through giving and receiving in presence mutuall contentment betwixt the King and his Subjects But the penner of the Declaration hath been evill advised in rendring the reasons of his Majesties diversion from any disorders in Edinburgh or from the refusall of some Noblemen and others to goe to Barwick For that stir of some of the people did arise upon a rumor that the Lord Aboynd who had lately come from the troubles in the North where some of Edinburgh had lost their friends and acquaintance And that the late pretended bishop of Edinburgh the more odious to the people that in the recent Proclaclamation the prelats were called to be members of the Assembly that they both were at that time in the Coach about which the multitude made the concurse But no sooner were the persons discerned and the Lord Thesaurer seen and known but the tumult incontinent ceased All which being made known to his Majesty by Commissioners sent from Edinburgh and seconded by the Lord Thesaurer his owne relation his Majesty seemed to rest satisfied Neither was the refusing of the Lords and others sent for the true cause of his Majesties going away What means have been used by some bad instruments to disturb and cut off a treatie of peace is too manifest from the records of times past when men simulat and make a show to do that of a free mind which indeed necessitie constraineth them to do for the time there can bee no firme peace expected Wicked men also who find themselves prejudged
for consecration then the Oath the new Bishop was to take before his Majesty viz. That he acknowledged the Kings Majestie Supreame Governour of his Realme as well in things Temporall as in the conservation and purgation of Religion which differs in wordes from the English Oath of Supremacie but is in sense the same And that he held the said Bishoprick and the possessions thereof under God onely of his Majesties Crown c. Lastly there was a forme concluded on for his restitution to his Temporalities Now this agreement was in precise tearmes confirmed by his Majestie and Councell in that selfe same yeere 81. when that Covenant was commanded by them to be sworne by the Subject So that it cannot be conceived that his Majesty and Councell should in the same yeere give order to sweare downe Episcopacie wherein they apparantly took such speciall care to confirme it And no honest man will deny that the subject was bound to sweare that Covenant in that sense and none other which was agreeable to their intentions who commanded it to be sworne It is objected that under those words Wee abjure c. The Popes wicked Hierarchie Episcopacie is sworn downe R. If by those wordes they will over-throw Episcopacie I see not but withall they must be forced to confesse that they have at once abjured both their Presbyters and their Deacons For the Councell of Trent makes the Hierarchie of the Church to consist of those three Orders Bishops Presbyters and Deacons Now if under the word Hierarchie one of these be sworne down how can the other two escape for it consists alike of three and therefore all three must needes runne the same fortune If they reply that indeed they still retaine Presbyters and Deacons but yet so onely as they are ordained in the reformed Churches R. The like I reply for Bishops that they were then ordained in a forme allowed by reformed Churches as this in substance was by the Church of England and in precise tearmes by the Commissioners of the Church of Scotland For it is not probable that in ten yeeres space there should bee no Bishoprick voyde and so none ordained according to the forme in the Councell Bookes Nay it is apparently plaine that some were so ordained and took that fore-named Oath viz. John Archbishop of Saint Andrewes in the yeere 72. and James Bishop of Dunkell in the yeere 73. as it is registred in the books of Councell where perhaps others are recorded too If they say That the Scottish Bishops must needes be part of the Popes Hierarchy because they succeeded those and received imposition of hands from those who lived in obedience to the Pope R. I againe reply That their Presbyters are in the very same case for I presume they will not say but they must needes derive their orders either from Bishops of that obedience or from Presbyters who were ordained by such Bishops Because that seeing in the beginning of the Reformation there were no other Clergie men in these parts they must take their orders either from them or none for I perswade my self they will not affirme That non Presbyter can ordinare Presbyterum Nay as they are learned men they should not say but that a Priest ordained by the new Roman Church if he leave his superstition and turne Protestant needes no more ordination to become a Presbyter with us But what then must be the meaning of those words That they abjure the Popes wicked Hierarchy R. As I conceive the sense of them is plaine from a precedent clause in that Covenant viz. that they abjure the Popes five bastard Sacraments and yet I hope they intended not to sweare out either Matrimony or holy orders in generall which yet are two as all know reckoned by that Church amongst her five but onely they abjured those corruptions and superstitious formes which the Romish Church had annexed to these divine Institutions as in calling them Proper Sacraments So when they abjured his wicked Hierarchy they did not sweare out Bishops no more then they did Presbyters or Deacons But they abjured the corruptions and superstitious Con-comitants which the Pope had annexed to those holy Callings V.g. amongst many other abuses that Bishops were constrained to sweare such an obedience and dependence on the Pope as was derogatorie to the supreame power of their owne native Prince So that then it was almost an impossible thing to be at once a stout Prelat and a loyall subject And suppose Bishops or Presbyters in this treasonable constitution they were then no doubt in that point the Popes wicked Hierarchy as now they may be the Consistories All this I the rather urge because I conceive that the acts of King and Councell are the best interpretors of that Covenant because it was set on foot by authority of King and Councell for Quisque optimus interpres sui THE ANSWER Whether in commanding to sweare the Covenant 1580. and 81. his Majesty that then was and his Councell did intend the abjuration of Episcopacie IN all commanded oaths and abjurations a twofold deception is to be avoided One is in him who taketh the Oath that he have no fraudulent intention contrary to the sound professed intention of him who tendereth the Oath otherwise both Gods Name is taken in vaine and our Superiour is deluded The other is In him that tendereth the Oath that hee have not an hid and secret intention contrair to that which is open and professed In this case the regard must be had not to that which is secret and unknowne but to that which is professed and which is knowne to be the true meaning of the words of the Oath That abjuration of Episcopacie was professedly intended in the Covenant 1580. and 1581. by his Majestie and his Councell may be apparant First from the words of the Confession commanded to be sworne where profession is made that we shall continue in the obedience of the doctrine and discipline of this Church which discipline at that time was not the governement of the Church by Bishops but by Presbyteries the whole heads of the policie of the Church except such as concerned Patronages Church rents and the like after much agitation from Assembly to Assembly being agreed upon not onely by the Generall Assembly but by his Majesties Councell Episcopacie being abandoned and Presbyteriall governement established such as before were called Bishops being tyed to particular flocks ordained to be called by their own names and by the name of brethren and forbidden to usurp the power of Presbyteries till at last in the Generall Assembly holden at Dundie July 1580. the office of a Bishop was abolished by a particular act as unlawfull in it self and Bishops ordained to dimit the samine under the pain of Excommunication Like as in the Assembly at Glasgow April 1581. the said act was further explained and confirmed the Kings Commissioner presented to the Assembly the Confession of faith subscribed by his Majesty and