states as is yet to be seen extant in the records of their old treaties of peace with England and France 7. The Estates of Scotland wrote unto the Queen An. 1559. Oct. 23. thus Ex literis tuis ac mandatis c. Buch lib. 16. that is By your letters mandats sent us by a herald we understand how obstinatly you are set against piety towards God and the publick good of our nation the common liberty of all But that we may according to our duty defend all these We in â—…e name of our Kings do suspend prohibite all that publicke admininistration titles and superiorites which you take upon you being certanely persuaded that those things which you â—…ow do are contrary to that constant good will which Kings have carryed towards the welfare of this Kingdome And as you do 〈◊〉 loâ—…k upon us as lawfull subjects of this Kingdome and as a laâ—…full Parliament So nor do we look upon you as regent or as exerâ—…ing any publick Magistracy Especially seing your pâ—…wer if there be any such committed unto you is upon good weigâ—…ty reasons suspended by us in the name of the Kings of this realme So Anno 1567. they put the queen regent mother to King Iames from her regency which deed of theirs is fully vindicated by the earle of Morâ—…on in his discourse to the Queen of England a part whereof out of Buch Lib. 20. because usefull both for clearing of this particular some others before mentioned shall be here transcribed Primum Factum ipsum c. As for the deed it self of punishing Kings or queens The ancient custome of our predecessours will not suffer it to be accounted new for it were not necessary to enumerat how many Kings have been punished by death â—…onds exile by our nobles far lesse were it necessary to confirme this deed of ours by forraigne examples seing there are so many so obvious in ancient histories But now the nation of the Scots have been a free nation from the begining have made Kings to themselves upon these conditions that when necessity required they might dethrone them of which there are many footsteps remaineing fresh unto this day for in the isles about in many places of the continent in which the old language lawes had any abode this custome is followed in the chooseing of their governours to this day And the ceremonies used at the coronation of Kings do clearly demonstrat that the government is nothing else but a mutuall stipulation betuixt King subjects as also the constant tenor of the ancient law by which Kings were inaugurated which remaineth unchanged in the least to this day yea while so many of our Kings have been banished imprisoned or more severely punished there was never one motion made of relaxing the rigour of the law what wonder seing it was not of the nature of those lawes that change with tht time but of those which are fixed in the heart of man by nature consented unto by all nations which being subject to no other lawes do command rule all so that whether we will or not they are before our eyes what ever we be doing stick in our heart This law did our predecessours follow being alwayes armed against violence ready to suppresse tyrants But that I may passe in silence the famous cities of Athens Lacedaemon Rome Venice which keeped this law so long as they keeped their liberty Yea even then when Rome was under tyrants if any good man became emperour he did account it his glory to acknowledg himself inferiour to the people subject to the lawes for when Trajanus gave a sword according to the custome unto the praefectus urbis he said use it for me or against me as I shall deserve and Theodosius a good emperour in these worst times would leave this noble saying among the lawes that he confessed he was under the lawes Neither was this law unknown to barbarous nations as all histories testify But lest I should be thought to gather together examples now out of use I shall onely make mention of two later the one is of Christieris the King of the Dennes who for his intollerable cruelty was put from the Kingdome he all his posterity which is a sadder punishment then ever was inflicted by any of our progenitours what did the mother of Charles the 5 that made her deserve perpetuall imprisonment now what did we but following the examples of so many nations Kingdomes suppresse tyranny which swelled above all law not indeed so severely as our predecessours did in like cases for had we followed their example we had been farr from not onely the fear of danger but also here calumnies Thus he much more is added to this purpose there More over this same Queen regent was told by the Earle of Ruthven that same night that David Rizio was killed as Buch reporteth lib. 17. That the government of the Kings of Scotland was alwayes very lawfull that it was exerted not after the lisst pleasure of any one man but according to the lawes by the consent of the nobles and if any King did otherwayes he suffered accordingly and now Scottish men are not so farr degenerated from the institutions of their predecessours as to suffer the tyranny and slavery of one who is a stranger and whom they look not upon as deserving any honest service 8. Yea in the 8 Parliament of King Iames 6. Act. 2. the honour authority of the Supreme court of Parliament continowed past all memory of men is ratified there it is said That by the court of Parliament under God the Kingdome hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the lawes and acts of Parliament by which all good men are governed are made and established and therefore they statute and ordaine that none take up on hand to impugne the dignity and authority of the estates or to seek or procure the innavation or diminution of their power or authority under the paine of treason It is true that in the preceeding Act they confirme the Kings Royall power and authority over all estates as well spiritual as temporal And therefore their maintaining of the power and privilege of Parliaments is the more remarkable And by the two Acts compared togetheâ—… it is aboundantly clear that the authority mentioned in the first Act of that Parliament which is granted to the king is not over the Estates of Parliament but over private persones whether civill or ecclesiastick And so it is but a granting of him to be singulis major which will easily be granted And this will be more clear if it be considered what occasioned that Act at that time As was shown above in the first Section the Lord was stirring up his servants to act something for the setling of the government of the Church which occasioned the
the office of Episcopacy pressing the Church with Innovations Particularly Mr Spotiswood for open ordinary prophanation of the sabbath drinking over late in taverns venting atrocious slanders interlining changeing the Acts of the Assembly at Aberdeen facrilege Simonie conniving at Heterodoxies Mr Linsday of Glasgow for oppressing of the Consciences of the Ministers in his Dioecy extorting money from some ministers withholding stipends from others oppressing his Vassals and forceing Probationers to swear some idle vaine oaths which he had invented Mr Lindsay of Edenburgh for admitting none to the ministry but such as would first take upon them the order of Deacons for bowing at the Altar useing the Rotchet other Masse-cloths in time of divine service consecrating Temples useing the Rite of Elevation at the Celebration of the Lords Supper conniving at Heterodoxies maintaining the Ubiquity of Christs body Mr Sideserf of Galloway for open ordinary prophaneing of the Lords day exercing tyranny in his Dioecy conversing with Excommunicated papists defending all the Arminlan many popish opinions Mr Maxwell for kneeling before the Altar wearing popish garments playing at Cards Dice on the Lords day even when the Sacrament had been given oppressing his vassalls keeping friday fasts defending all Arminian many of the most grosse Popish opinions Mr Whitefoord for such flagitious crimes as were notour to all So do they depose Excommunicate Mr Ballantine of Aberdeen VVedderburne of Dumblane for the generall crimes particularly Mr Ballantine for Simony for suspending Ministers because they keeped a fast on the Lords day dedicating a Chappell freeing Papists suspected of Incest from Church censures turning such an Apostate after he had appeared once so zealous for the truth Mr VVedderburne for concurring with Mr Maxwell in drawing up the book of Canons swearing profancing the Lords day commending Arminianisme many points of Popery So do they depose Mr Lindsay of Dunkell Mr Abernethy of Cathnes Mr Guthry of Murray Mr Grahame of Orknay Mr Fairly of Argile Mr Campbell of the Isles as for the generall crimes common to all so in particular Mr Lindsay for Simony Mr Abernethy for Simonie Mr Guthry for being the first who did put on the Surplice in Edenburgh Anno 1633. professing he would be yet more vile to please the King Mr Grahame for profancing the Lords day sacrilege conniving at adultery Mr Fairly for oppressing Intrants with new oaths profancing the Lords day defending the Arminian opinions Thus are those enemies to Church State after they had oppressed tyrannized over that poor Church for a long time wonderfully brought under her feet So let all thine Enemies perish o Lord. And now being filled with rage they all except some few who had acknowledged their wronge run to Court stir up his Maj. to make warr against Scotland accordingly warr is concluded both by Sea Land free tradeing is taken away the Scottish nobility at court are made to abjure the Nationall Covenant the Assembly at Glasgow The English Nobility with all their forces are commanded to meet the king at Yorke April 10. 1639. When the Covenanters see this preparation they emit 〈◊〉 Declaration shewing that Religion was their onely worke Conscience their onely Motive Reformation their Scope that they intended no harme to his Maj. nor did they intend to invade England whatever their malicious enemies did say to the contrary that all this was brought about by the means of some proud perverse Popishly affected Prelats But this Declaration was suppressed in England so that they might not know the true State of affairs and there is a contrary Declaration emitted stileing the Covenanters seditious rebells the like which was read in all the Churches of England Withall the Covenanters learne that the Earle of Huntly is made governour of the north that they are all declared Rebells in England that Berwick Carlile frontier cities were strongly garrisoned that the Earle of Arundale is made Generall that the King was to Rendevouz at York That Huntly had already four or five thousand in armes That Aberdeen was fortifying it self to take in the Kings navy That the Papists in the South were ready to rise with the Marquis of Douglas Lord Harris that the Deputy of Irland intended to Hand some men in the west And therefore after fasting prayer they resolved being in a sort the whole body of the Land the Nobility Gentry Burgesses Commons Magistrats of all sorts in City country to put themselves in a posture of defence to strengthen themselves against Invasion the best way they could to suppresse the enemies within their own bosome Wherein the Lord blessed them so as their enemies both in the North South were compesced with all they did emit a Declaration vindicating themselves their actions from all the aspersions of their enemies answering his Maj. Declaration read in the Churches of England that they might undeceive those of England May 1639. The Kings Navy cometh to Scotland with some thousands of men much provision The Covenanters send a supplication to his Maj. but in vaine for nothing is intended but fire sword The King approacheth their borders with an army the two armies are near to joyne in battell But God was pleased to prevent the shedding of bloud by moving the King to a Pacification wherein the King promiseth declareth that all causes Ecclesiasticall should be determined by Church Assemblies and that there should be a Generall Assembly every year once and that civill matters should be determined by Parliaments That there should be an Assembly held at Edenburgh the 12. of August next and a Parliament thereafter to ratify the Acts of the Assembly Whereupon the Scotish forces are disbanded the Castles are surrendred now the whole land looketh for nothing but peace The Assembly is opened up August 1639. the Earle of Traquair is present as his Maj. Commissioner all these things which were before concluded in the assembly of Glasgow are established his Maj. Commissioner assenting The Covenant was approved in all its heads clauses was subscribed both by Traquair his Maj. Commissioner by the Privy Councell according to a petition of the assembly unto the Secret Councell there is an act of Councell ordaining all in all time comeing to subscribe the Covenant according to the Generall assemblies declaration dated August 30 1639. Now according to the Pacification it was expected that these acts should have had the civill Sanction of the parliament which was to sit down the next day after the assembly was dissolved viz August 31. But before any thing was done by the Parliament to this effect it is commanded to dissolve Decemb. 18. under the paine of treason so the Parliament is prorogued unto the 2 of Jun. 1640. The Parliament for peace resolve to obey but because they had never been adjourned
nor dissolved formerly without their own consent lest this might be a preparative for times to come they resolved to emitt a Declaration for their exoneration caused insert it in the Registers ad futuram rei memoriam And withall they send some of their number unto his Maj. with grievances appoint others to attend his Maj. answer at Edenburgh then they dissolve having first published an Infirmation to the Estates of England concerning the present state of affairs But these Commissioners after they had endevoured to give his Maj. satisfaction in all points according to their Instructions at severall times from the 20 of Febr. unto the 23 of March 1640. were detained afterward the Lord Loudoun is put into the Toure of London other three are put under a restrant contrary to the Law of Nations A new warr is intended The Castle of Edenburgh is fortified with a hundreth strangers moe much Ammunition The Commissioners of the Parliament seeing this hearing of an army leavyed in England under the conduct of the Earle of Northumberland how the Deputy of Irland with the Nobles there in Parliament had offered a great summe of money what stir the prelats of England were making at Court what offers they were making to carry on this new warr which they so far owned as to call it Ballum Episcopale they resolve to put the land into a new posture of defence and emit a Declaration for satisfaction of their friends in England which was so satisfactory as that many of the lower House of Parliament then sitting declared that they saw no cause of a warr against Scotland therefore would grant no subsidy But this parliament is dissolved Scottish ships are intercepted their goods taken away the Seamen imprisoned miserably handled all Sea-ports closed up with Frigots the Kings army advanceth both by sea land the Castle of Edenburgh oppresseth the town killeth many with shote Now at the time appointed Jun. 11. the parliament conveeneth leavieth an army for a new Expedition in defence of the land cleareth the equity of the same in a Declaration shewing 1 how they were necessitated thereunto being not able to live without traffique justice to mantaine an army on the borders 2. That the warr was onely Defensive the King being stirred up by their adversaries to breake the Articles of Pacification to imprison their Commissioners to call Parliaments in England Irland for subsidies for the warr to take their ships imprison their sea-men to give Commission to the Governour of the Castle of Edenburgh to kill all he could when they resolved onely to defend themselves to seek a firme sure peace then to lay down armes after security had for their Religion liberties 3. That they were called by the same divine Providence by which they had been directed hitherto 4. That they looked upon none as their enemies but a Canterburian Faction made up of Atheists Papists Arminians Prelats the seducers of the King 5. That their end was not to wrong his Maj. nor to enrich themselves but Gods glory the firm peace of both nations the true honour of the King that the enemies of both Kingdomes might be punished So do they emit another paper for the satisfaction of the good people of England clearing their true Intentions And so do advance with their Army in to England take New Castle before they would advance toward York where the maine body of the Kings Army did lye they supplicat his maj at length to consider their greevances particularly to ratifie the last Parliament that the Scott in England and Irland might be set at liberty and not forced to take unlawfull oaths that the Incendiaries might be punished according to justice the Scottish ships restored and every thing removed which hindereth free commerce and tradeing between the two Nations Many of the English Nobility the City of London petition for a Parliament they and others advise his Maj. to desist from the warr At length the King is moved to thoughts of peace chooseth eight English Earles eight Lords to meet with such as Scotland should make choise of to conclude all matters of difference This Conference did begin at Rippon was concluded at Westminster the substance of which shall be mentioned presently when it shall be shown how these Acts were all ratified approved by the King himself his Parliament of Scotland Anno 1641. When the Parliament in Jun. Anno 1640 had conveened at the time appointed at the last Session all the Acts of the former Assembly 1639. are ratifyed by their 4. Act. They also ratify the Covenant the Act of Councell beformentioned thereanent do insert the said Covenant with the assemblies explication in their Registers And rescinde all Acts Statutes made in favours of the prelats as Act. 23. Anno 1597. anent their voice in Parliament Act 2. Anno 1606. anent their restitution the act 8. Anno 1607. anent the Chapter of St Andrews act 6. 1609. anent their Commissariates the 1 Act 1612. ratifying the acts of the pretended assembly at Glasgow 1610. the 1. 2. Acts Anno 1617. anent the Election of Bishops restitution of Chapters the 1. act 1621. ratifying the Articles of the pretended assembly at Perth 1618. all others whatsoever made in their favours prejudiciall to the spirituall nature jurisdiction Discipline privileges of the Kirk or of the Generall provinciall presbyteriall assemblies or kirk Sessions after the enacting of many other profitable lawes they adjourne the Parliament unto the 19. of Novemb. next then unto the 14. of January 1641. then unto the 13. of April following then unto the 25. of May then unto the 15. of July at which time the King himself was present And in this Session of Parliament the Articles of the Treaty are ratifyed enacted ordained to have in all time comeing the fullforce strength of a true persect security Act of Parliament the King for himself his successours promised in verbo principis never to come in the contrary of that Statute Sanction or any thing there in contained By this Treaty these Articles were concluded 1. That for as much as the Kings Maj. did call conveen a Parliament to beholden at Edenburgh the 2. of Inn. 1640. wherin certaine acts were made aggreed upon which acts hiâ—… Maj. for the peace good of his kingdome is pleased to publish in his own name with consent of the Estates therefore commands that the said acts bearing date the 11. of Iuny 1640 be published with the acts to be made in the next Session of the same Parliament that all the said acts have in all time coming the strength of lawes 2. That the Castle of Edenburgh other strengths of the kingdome should according to their first foundation with