the same which they were from the beginning Religion principally and things civill for Religion that for obtaining them wee have not strayed from the fair and straight way of legall redresse by Assembly and Parliament which his Majestie injustice did promise at the pacification And concerning other demands about matters Civill although it be most certaine from by gone experience that the corruption and thraldome of the Parliament hath been the occasion of the corruption and thraldome of our Kirk That by our Records it is out of question that the cognition and decision of the articles doeth properly belong to the Parliament and that in Parliamen we have proceeded upon no other grounds but the Lawes and laudable practices of this Kingdome never questioned before but inviolably observed as the onely rule of government yet lest pressing any of those too much we should worke contrary to our own ends and frustrate our selves of our desired peace It hath been showne to his Majestie that these demands were but motions and propositions made to the Lords of Articles to be by them prepared for the Parliament where they might have their finall determination from his Majestie and the Estates as might serve most for the well-publicke without trenching upon his Majesties authority The proceedings therefore of the Assembly countenanced and concluded with the consent of his Majesties Commissioner and of the Parliament now laid open to the world aiming at no thing but the establishing of Religion such things as should be judged necessary for peace as was agreed at the pacification can never be found to be the true cause of warre This must rest first upon the incendiaries who kindled the fire and are now enraged when they find the smoake blowne in their owne eyes and their owne nests thereby consumed hopelesse to get it extinguished and themselves builded up again to their content by a faire and legall way And next upon some others whose exorbitancies cannot escape censure and punishment and therefore they labour to have them drowned in the deluge of a common confusion When his Majesty with his honourable attendants came down the last year to the Border they did see that Babell which the children of men had builded heere and the affliction of this people by reason of their task-masters and would it please his Majesty to peruse these papers and to make a new tryall as it is the glory of a King to search out a matter wee would no more doubt of our own justification nor we doe of his Majesties justice the light and influence whereof we finde ecclipsed and hindered by the intervention of the wickednesse of bad unjust Ministers to the darking also of his owne glory which we heartily wish may shine as the Sunne to the comfort of all his Dominions rather then to be turned into a storme and tempest of an unnecessary and unnaturall warre which wee have laboured by all meanes to prevent and now resolve to endure by the helpe of God and in hope of a happy successe if the English as they are invited or the Irish as we heare they have offered shall come against us To reduce us to obedience neither of the Nations shall need for we resolve to obey without force the decrees of Assemblies and Parliaments which are our soveraigne Judicatures in Spirituall and Civill matters and to which his Majestie hath remitted us In this case wee onely appeale to that prime Law of Nature Offer not that to another which thou would not have done to thy self graced and perfected by the mouth of Christ whose name wee all do beare All things whatsoever yee would that men should do unto you do yee even so to them for this is the Law and Prophets Wisedome would rather direct without wronging of Pietie or Justice first to search the cause and fountaine of our troubles at home and to take away the wicked before the King and when this is done and his Majesties Throne established in righteousnesse then to joyne as one man against the two great Catholiques the one a King the other a Prelat who have in their desires and hopes long agoe destroyed us and as their opportunities serve cease not to invade us or under-myne us This might be a tryall both of others and of us whether we are disaffected to pietie or to his Majesties honour and service This might in end make both the King glorious and the Kingdoms â—o recover what glory any of them have lost This would make the Lord of Heaven and Earth to say Drop down ye Heavens from above and let the skyes powre down righteousnesse let the earth open and let them bring foorth salvation and let righteousnesse spring up together I the Lord have created it FINIS
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
his Majesties happy government And did hold in the other hand the sword of just and innocent defence against the oppression and violence of the Enemies of the Kings honour and of our peace Which we are confident by no Law of God or Nations can be judged to be rebellion or laes-Majesty Our petition at that time when we are said to have been in the hight of rebellion we have here set down whole the Declaration containing but a part thereof We did then write our mind whereof we never did repent and which we desire may be known to all men To the Kings most excellent Majesty The supplication of his Majesties Subjects of SCOTLAND humbly shewing THat where the former meanes used by us have not been effectuall for recovering your Majesties favour and the peace of this your Majesties native Kingdome wee fall down again at your Majesties feet most humbly supplicating that your Majestie would be graciously pleased to appoint some few of the many worthy men of your Majesties Kingdome of England who are well-affected to the true Religon and to our common peace To heare by some of us of the same disposition our humble desires and to make knowne to us your Majesties gracious pleasure That as by the providence of God we are joyned in one Iland under one King so by your Majesties great wisedome and tender care all mistakings may be speedily removed and the two Kingdomes may be kept in peace and happinesse under your Majesties long and prosperous reigne For which we shall never cease to pray as it be commeth your Majesties most humble Subjects With the Supplication sent to his Majesty by the hand of the Earle of Dumfermling a Letter was sent to the Earle of Holland and others of the Councell of England about his Majesty In these words MOST NOBLE LORDS ALthough wee have been labouring this long time past by our Supplications Informations and Missives to some of your Lordships to make knowne to his Majesty and the whole Kingdome of England the loyaltie and peaceablenesse of our intentions and desires and that we never meaned to deny to his Majestie our dread Soveraigne and native King any point of temporall and civill obedience yet contrary to our expectation and hopes matters to this day growing worse and worse both Kingdomes are brought to the dangerous and deplorable condition wherein they now stand in the sight of the world In this extreamitie we have sent to his Majestie our humble supplication beside which we know no other meane of pacification and doe most earnestly intreat that it may bee assisted by your Lordships that if it bee possible by a meeting in some convenient place of some prime and well-affected men to the reformed Religion and our common peace matters may bee accommodate in a faire and peaceable way and that so speedily and with such expedition as that through farther delayes which wee see not how they can be longer endured our evills become not incurable wee take God and the world to witnesse that we have left no meanes unassayed to give his Majestie and the whole Kingdome of England all just satisfaction And that wee desire nothing but the preservation of our Religion and Lawes If the fearefull consequents shall ensue which must be very neare except they be wisely and speedily prevented we trust they shall not bee imputed unto us who till this time have been following after peace and who doe in every duetie most ardently desire to shew our selves his Majesties faithfull Subjects and Your Lordships humble servants His Majestie being pleased to admit some of us to repair to the Camp neare Barwick and granting unto them a safe conduct under his Majesties hand our Commissioners presented our humble desires the last words whereof are expressed in the Declaration but we have set them down intire that both the reasonablenesse of our petitions and the loyaltie of our hearts may be knowne to all men First it is our humble desire that his Majesty would be graciously pleased to assure us that the acts of the late Assembly at Glasgow shall be ratified by his Majesty in the ensuing Parliament to be holden at Edinburgh July 23. since the peace of the Kirk and Kingdome cannot endure further prorogation Secondly that his Majesty from his tender care of the preservation of our Religion and Lawes will be graciously pleased to declare and assure that it is his Royall will that all matters Ecclesiasticall bee determined by the Assemblies of the Kirk and matters civill by Parliament which will be for his Majesties honour and keeping peace and order amongst the subjects in the time of his Majesties personall absence Thirdly that a blessed pacification may bee speedily brought about and his Majesties Subjects may be secured our humble desire is that his Majesties ships and forces by land be recalled that all persons ships and goods arrested may be restored the losses which we have sustained by the stopping of our trade and negotiating be repaired and we made safe from violence and invasion And that all excommunicat persons all Incendiaries and Informers against the Kingdome who have out of malice caused these commotions for their own private ends may be returned to suffer their deserved punishment And the Proclamations and Manifestoes sent abroad by them under his Majesties name to the dishonouring of the King and defaming of the Kingdome may be suppressed As these are our humble desires so is it our griefe that his Majestie should have been provoked to wrath against us his most humble loving subjects shal be our delight upon his Majesties assurance of the preservation of our Religion and Lawes to give example to others of all civill and temporall obedience which can be required or expected of loyall subjects Of those our desires the grounds and reasons following were given in writ at his Majesties command REASONS AND GROUNDS of our humble desires WEE doe first humbly desire a ratification of the acts of the late Assembly in the ensuing Parliament 1. Because the civill power is the keeper of both Tables and whereas the Kirk and Kingdome are one body consisting of the same members there can be no firme peace nor stabilitie of order unlesse the Ministers of the Kirk in their way presse the obedience of the civill Lawes and Magistrat and the civill power adde their sanction and authoritie to the constitutions of the Kirk 2. Because the late Generall Assembly indicted by his Majestie was lawfully constitute in all the members thereof according to the constitutions and order prescribed by acts of former Assemblies Thirdly because no particular is enacted in the late Assemblie which is not grounded upon the act of preceeding Assemblies And is either expressely contained in them or by necessary consequence may be deduced from them That the Parliament be keeped without prorogation his Majestie knowes how necessary it is since the peace of the Kirk and Kingdome call for it without longer delay Wee did
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
Predecessours 1589. doe most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell To enjoyne by act of Councell that this Confession and Covenant which as a testimony of our fidelitie to God and loyaltie to our King wee have subscribed Be subscribed by all his Majesties subjects of what rank and quality soever The act of Councell containing the answer of the Supplication abovewritten at Edinburgh August 30. 1639. THE which day in presence of the Lord Commissioner and Lords of Privy Councell compeered personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Dowglas of Caveris Knight Sir Henry Wood of Bonitown Knight John Smyth Burgesse of Edinburgh Master Robert Barclay Provest of Irwing Master Alexander Hendersoun Minister at Edinburgh and Master Archibald Johnstoun Clerke to the Generall Assembly and in name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privy Councell the petition above-written Wee the Generall assembly considering with all humble c. which being heard read considered by the saids Lords they have ordained ordain the same to be insert registrat in the books of privy Councell and according to the desire thereof ordaine the said Confession and Covenant to be subscribed in time coming by all his Majesties Subjects of this Kingdome of what rank and qualitie soever The same day his Majesties Commissioner after his entry in the assembly delivered himself by word to this meaning We have received the supplication of the Assembly desiring that the Covenant may receive the force of an act of Councel to be subscribed by all his Majesties subjects We have found the desire so fair and reasonable that wee conceived our selves bound in duety to grant the same thereupon have made an act of Councell to that effect There rests now the act of assembly concerning which I am so fully satisfied my self that I come now as his Majesties Commissioner to consent fully unto it and am most willing that it be enacted here in this Assembly to oblidge all his Majesties subjects to subscribe the said Covenant with the assemblies explanation And because there is a third thing also desired my subscription as the Kings Commissioner unto the Covenant this I must do with a declaration in writ As a subject I will subscribe as strictly as any other man with the assemblies declaration but as his Majesties Commissioner I must prefixe to my subscription the declaration following of which no Scottish subject shal have the benefit no not my selfe as Earle of Traquair The declaration of his Majesties Commissioner concerning the subscribing of the Covenant SEing this Assembly according to the laudable forme custome heretofore keeped in the like cases hath in a humble and dutifull way supplicat to us his Majesties Commissioner the Lords of his Majesties most honorable privy Councell that the Covenant with the explanation of the assembly might be subscribed to that effect that all the subjects of this Kingdome by act of Councell bee required to doe the same And that therein for vindicating themselves from all suspitions of disloyaltie or derogating from the greatnes and authority of our dread Soveraigne have therwith added a clause whereby this Covenant is declared one in substance with that which was subscribed by his Majesties Father of blessed memory 1580.1581.1590 and often since renewed Therfore I as his Majesties Commissioner for the full satisfaction of the subject and for settling a perfect peace in Church and Kingdome doe according to my foresaid declaration and subscription subjoyned to the act of this assembly of the date the 17. of this instant Allow and consent that the Covenant be subscribed throughout all this Kingdome In witnes whereof I have subscribed the premisses The Lord Commissioner his Declaration concerning the act of the assembly August 17. I John Earle of Traquair his Majesties Commissioner in this present assembly do in his Majesties name declare that not withstanding of his Majesties owne inclination and many other grave and weightie considerations Yet such is his Majesties incomparable goodnes that for settling the present distractions and giving full satisfaction to the Subjects he doeth allow Likeas I his Majesties Commissioner doe consent to the foresaid act and have subscribed the premisses The Lord Commissioner his declaration concerning practises outwith the Kingdome contrary to the premisses IT is alwayes hereby declared by me his Majesties Commissioner that the practise of the premisses prohibited within this Kirk and Kingdome outwith the Kingdome of Scotland shal neither bind nor inferre censure against the practises outwith the Kingdome This last declaration was not approven by the assembly and therefore was insert in the Register onely recitative as was then declared when his Majesties Commissioner required that it might be put upon record The act of the assembly or daining by Ecclesiasticall authority the Covenant to be subscribed THE assembly considering the great happinesse which may flow from a full and perfect union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majesty and amongst our selves Having by our great oath declared the uprightnesse and loyaltie of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell to enjoyne by Act of Councell all the Lieges in time coming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyaltie to our King We have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell have granted the desire of our Supplication Ordaining by civill authority all his Majesties Lieges in time coming to subscribe the said Covenant that our union may be the more full and perfect Wee by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the heads and clauses thereof And ordaines of new under all Ecclesiastick censure That all Masters of Universities Colledges and Schooles All Schollers at the passing of their degrees All persons suspect of Papistrie or any other errour And finally all the members of this Kirk and Kingdome Subscribe the same with these words prefixed to their subscription The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five Articles of Perth The government of the Kirk by Bishops The civill places and power of Kirkmen upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk Wee subscribe according to the determination foresaid And ordaine the Covenant with this Declaration to be insert in the Registers of the Assembly of this Kirk General Provincial Presbyteriall ad perpetuam rei memoriam And in all humility supplicates his
Subjects and the lawfulnesse of the proceedings of the Parliament we shall thereafter lest verball expressions be controverted be most willing and desirous according to your Majesties commandments To receive what ever exceptions objections or informations are made against any of the particular overtures articles and proceedings of the Parliament in writ and in the same way shall present our answers and humble desires And doe humbly crave your Majesties gracious Answer Vpon the 26. day of Febr The Earle of Traquair did shew our Commissioners that it was his Majesties pleasure that they should subscribe the two former petitions given in by them to his Majestie and that they keep that same way thereafter in all petitions or writs shall bee by them presented to his Majestie which accordingly they did And they required the Earle of Traquair to write and subscribe any direction or commandment he carried from the King to them which he did Vpon the 2. of March The Earle of Traquair did signifie to them under his hand that it was his Majesties pleasure that they should attend at the Councell chamber the next day thereafter at two of the clock in the afternoone such of the Lords of the Councell as his Majesty had appointed for that effect And our Commissioners understanding that the King was going to Hampton-cour and that the hearing he appointed for them was onely before these of his Majesties Committe or Joyntos And being enjoyned by their instructions not to answer nor acknowledge the Committee nor no other Judicatorie desired the Marques of Hammiltoun to shew his Majestie that they would decline to propone their Desires and reasons of their Demands or make answer either to the Committee or any other whatsoever except to the King their Master to whom they were sent which being made knowne to his Majestie He was graciouslie pleased to delay his going to Hampton till the afternoone and did heare our Commissioners himself In whose Royall presence and audience His Majestie having his Committee with him our Commissioners did cleare us and our proceedings from these unjust aspersions layd upon us did show what high estimation we had of Soveraignitie and our constant resolution to stand to the defence of our Religion and that our Desires both in matter and manner are no other but what we did humbly crave in our former Petitions and are necessar for establishing Religion and the good and peace of the Kingdome and are agreeable to the fundamentall Lawes and laudable practises thereof and to the articles of Pacification without wronging the Kirk or State or any wayes trinching upon his Majesties Princely Power and Royall Authoritie And did therefore crave that his Majestie would be graciouslie pleased to command the Parliament to proceed and determine for ratifying the conclusions of the Assembly and enact such other Statutes as are necessar for establishing Religion and settling the peace of the Kingdome As their speach then spoken and thereafter given in in writ doth import as followeth SIR as wee did show in that humble Remonstrance which wee gave your Majestie in writ That no earthly thing could bee more grievous to your Majesties Subjects conveened by your Royall Authoritie in the Parliament of Scotland then that their loyaltie should be called in question or that any such hard impression should be given against their proceedings as might derogate from that high estimation which they have of Soveraignitie and the tender respect they carry to your Majesties inviolable authoritie So doe wee now acknowledge your Majesties goodnes and justice in keeping one eare for us against all suggestions and obloquies till the reasons of our proceedings and demands were made knowne from our selves and that your Majestie is graciously pleased to grant us this favour of a full and publick hearing But because the Parliament of that your Majesties ancient and native Kingdome is independent and not comptable to any other Judicatorie Wee hope your Majestie will pardon and allow us to declyne to speake or answere before any of your Majesties Councells or other Judicatories whatsoever as these who have any power to judge of the Lawes actions or proceedings of the Parliament of that Kingdome As wee acknowledge your Majesties favour in allowing us to tender the liberties and freedome of your Majesties ancient and native Kingdome So are wee glad before all the world to cleare the loyaltie and lawfulnes of their proceedings and doe congratulate that your Majestie hath indicted a Parliament heere who wee hope will advert to the good of Religion your Majesties honour and peace of your Dominions albeit they be not Judges to determine of our actions which when they shall be knowne to your Majestie not upon report but upon true tryall wee are most confident will merit approbation at the Throne of your Majesties Justice But because wee heare that your Majesties good Subjects are traduced as having intention to diminish your Majesties authoritie and shake off that civill and duetifull obedience due to Soveraignitie Therefore before we descend to the particular actions and articles of the Parliament for vindicating us from so grievous and foull an imputation wee doe in our own name and in name of the Parliament who sent us Declare before GOD and the world that we never had nor have any thought of with-drawing our selves from that humble and duetifull subjection and obedience to your Majestie and your government which by the descent and raigne of so many Kings is due to your Majestie And never had nor have any intention or desire to attempt any thing that may tend to the diminution of your Majesties Princely power But on the contrare acknowledge our quietnes stabilitie and happines to depend upon the safetie of your Majesties Person and maintenance of your greatnes and Royall authoritie as Gods Vicegerent set over us for maintenance of Religion and administration of Justice And have solemnely sworne not onely to stand to the defence of your Majesties Person and authoritie in the preservation and defence of Religion Liberties and Lawes of the Church and Kingdome But also in every cause which may concerne your Majesties honour shall according to the Lawes of the Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in Armes as wee shall be required But if any be so wicked as to seeke occasions to divide betwixt your Majestie and your Kingdome and for their owne ends goe about to prostitute the puritie of Religion and the Liberties and Lawes of that your Majesties ancient and native Kingdome Wee can give them no other Character but that which your Majesties Father of blessed memorie gave them terming such men vipers and pests against the King and his Kingdome And if it please God for our sinnes to make our condition that deplorable as they may get the shadow of your Majesties authority as wee hope in God they will not to palliate their ends Then as these who are sworne to defend our
State wronged because the whole Congregations of that Kingdome being represented by their Commissioners from Presbitries in the generall Assemblie hath given their consent to the desires and conclusions of the Kirk have with allowance of your Majesties Commissioner according to the ordinance of the generall Assembly and Councel sworne and subscribed the Confession of Faith in that sense and have alwayes been and are your Majesties supplicants That the Parliament may ratifie what the Assembly hath found and concluded Neither can wee beleeve that your Majestie who we hear doth acknowledge Princes to be like shining stars which have their splendor for the benefit of the world and who esteemes the prosperitie and welfare of your people your greatest content and the having of their hearts to bee your Majesties greatest security which are the words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and which your Majestie hath so well learned that they are abridged in the inscription of their coyne Presim ut prosim will think that the granting of that which upon so good reason is so earnestly desired both by Kirk and State to be any diminution of your Majesties royall prerogative and priviledge of your Crowne which by our acts of Parliament is defyned to be that power which your Majestie hath over all estates and persons and not any particular interest more in one estate nor another and which is competent and reciprocall to the King and doth pertain to your Majestie inviolablie and is no wayes contingent separable nor mutable with the change of any of the Estates but is that power which doth justly belong to the King before any Bishops were in Scotland and which did belong to him in time of Poperie when Bishops were allowed and had their dependance of the Pope and which did likewise pertaine to the King in the time of reformation when Episcopacie was abjured and removed out of Scotland In the which oath all the Subjects are sworne to maintaine your Majesties greatnesse and authoritie with their lives and means which wee shall acknowledge and will be ready to defend to the last drop of our bloud And seeing your Majesties Subjects have no other ends but such as serve for establishing of Religion and the peace of the Kingdome and are agreeable to the fundamental Laws thereof and to the articles of pacification And that the Parliament is the onely lawfull mean to remeid our evils remove distractions and settle a solide and perfect peace The sum of your Majesties subjects their desire is that your Majestie may bee graciously pleased to command that the Parliament may proceed freely and determine anent all these articles given in to them and whatever exceptions objections or informations are made against any of the particular overtures articles or proceedings of the Parliament wee are most willing and desirous according to your Majesties commandement for avoyding contestation about words to receive the same in writ and are content in the same way to returne our Answers and humble Desires After some questions moved by his Majestie and by some of the Committee which were answered by our Commissioners and all that past written by them immediatly by after their return to their lodgings from his Majestie The conclusion of that dayes hearing was that against the Kings returne from Hampton-Court they should show his Majesty their Instructions And after his Majesties returne upon the 8. of March they were commanded to be at Whitehall the next day thereafter at two of the clock in the afternoon where so soon as they did appeare before his Majestie He did call for their Instructions which they did exhibit and read Their power was called in question as being onely subscribed by some Noblemen and Gentlemen and as not flowing from the Parliament whereunto they did answer That their Instructions were warranted by the Parliament because they are relative to former Instructions given to the Earle of Dumfermeling and Lord Lowdoun which were subscryved by a great many Noblemen Gentlemen and Burgesses who were present sitting in Parliament and that their last Instructions are subscryved by these Commissioners who were appointed by the Parliament to make remonstrances to his Majesty and receive the returne of his answers who were authorized with Commission from the Parlîament to that effect All which our Commissioners did instruct And after long debating anent the validity of their power The particular dispute and reasonings whereof our Commissioners did for their memory put in writ The Kings Majesty said he would heare the particular reasons of their demands whereunto it was replyed that their demands were onely that the Parliament might proceed and ratifie the conclusions of the Assembly and determine anent the articles given in to them according to the Lawes of the Kingdome and articles of pacification And if there were any objections to the contrair they were ready to receive and answer the same in writ The King said It was his Commissioner behoved to give these and that his Majesty was to maintain his actions And thursday the 12. of March was assigned for their next hearing and the Kings Commissioner commanded to give his objections to them in writ against that time Vpon the 12. of March The King called for the power and warrant granted by the Parliament to these Noblemen and others who had subscryved our Commissioners Instructions which being contained in the declaration made by the Parliament his Majesty commanded the whole Declaration to be read did expostulat and quarrell the same as trinching upon his prerogative And diverse objections were proponed against the Declaration both by his Majesty and these of the Committee Which was answered by our Commissioners who did write what was reasoned and answered concerning that point and craved that what could be objected against that or any other of the Parliaments proceedings should be set down it writ whereupon the King commanded the Earle of Traquhair to set down the state of the question in writ which he did in maner following viz WHether are you warranted or instructed from Parliament to satisfie his Majestie anent his power of proroguing of Parliaments of himselfe and of his own Royall prerogative simplie and whether a Parliament thus prorogued simplie by his Majesties owne sole Royall power can or may sit before the time to which his Majestie hath prorogued the same And if you have no warrant nor instruction herein from the Parliament what is your owne private Judgement therein Likeas his Majesty commanded the Earle of Traquhair to give some other propositions and querees and the 16. of March was assigned to our Commissioners to give in their answers which propositions were delivered to them upon the day of March which are these viz Protestation given in at the first prorogation of the Parliament at least given into the Commissioner to be represented to his Majestie Act desiring the power of articles New augmentation of customes to bee discharged and no custome nor imposition to be imposed hereafter but by advice
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
all freeholders are enjoyned to come to Parliament to treat and conclude notwithstanding whereof no such priviledge was claimed in this Parliament but onelie craved the declaration and determination of the Parliament whether each Commissioner of the two sent from a Shyre have right in law of a severall decisive voice which if at any time it hath been marked otherwayes they alledge the same hath proceeded from the ignorance errour or corruption of the Clerk And as the Barons and Free-holders are the far greatest part of the body of that Kingdome and that all of them of old had voice in Parliament till their absence by some late acts especially the 101 act Par. 7. K. Ja. 1. and Par. in anno 1587. K. Ja. 6. is dispensed with and they exeimed from necessitie of coming and of the unlaws which they were lyable to pay for none compeirance providing they send Commissioners in their names to vote in Parliament They think it agreeable both with law and reason that every one of these few Commissioners who do represent so many should have a severall decisive voice And the act of Parl. holden by K. J. 6. an 1587. bears that the Commissioners of Shyres shall be equall upon articles with the Burrowes and shall have votes in Parliament The meaning whereof doth import that every one of the saids Commissioners shall have a decisive voice because quod de omnibus dicitur de singulis dicitur and if both the Commissioners of one Shyre should have but one decisive voyce then it would follow that every one of them hath but half a voice and consequently when the one is absent the other being present should have no voice and one could not bee chosen upon the articles without the other both which are contrare to reason and custome And it is undenyablie true and constant by continuall custome that when there is onely one of the two Commissioners of a Shyre chosen upon the articles that one by himself without concurse of his collegue hath a plenarie voice in articles Therefore it follows necessarly that as every one of two Commissioners have a full voyce in articles so each one of the two should have a full voice perse and severally in Parliament otherwise every one of them would have but half a voice in Parliament and a full voice in articles And the act given in anent the Barons voices is not to demand or crave any new thing or novation or new priviledge to bee granted to them but onely craves the declaration and determination of Parliament which in justice may bee craved by any who desire their right to be cleared Neither is there any such thing craved in Parliament as the chosing of any other Clerk but it was onely humbly craved that some should bee allowed from the Parliament to sit by the Clerks to mark that the voices were rightly enumerat That article whereby it is craved That every Estate may chose their own Lords of articles or else That the Lords of articles be chosen from the whole Parliament is agreeable to the libertie of all free judicatories who have power to chose their own preparative Committees who except they be chosen by the judicatorie it selfe or by these whom they do represent cannot be justly reput to have any power from them for their power is onely from them from whom they are delegat and they can onely propone or voice in articles in name of these who did chose them and gave them power and what they do in name of these who did not give them power is a non habente potestatem But because the reason of this article is more fully cleared in one of our former answers anent the power of articles which is coincident with this article wee remit to the former answer The reasons of that act desiring that proxies may bee discharged and that no patent of Nobilitie be granted to any but such as have 10000 marks of yearly land rent are contained in the act it self it seems not to be agreeable to reason and equitie That the honour and power of voting in Parliament which is conferred on Noblemen and their successours personally and whereby they have power to reason voice and judge according to law and conscience can be intrusted to another with an implicit faith to determine and give the judgement of the granter of the proxie in matters of highest moment concerning Religion your Majesties service and the good of the Countrey before the granter thereof know so much as what is to bee proponed in Parliament And as concerning the second part of the act craving that no patent of Nobilitie may bee granted to any who are not Natives but such as have 10000 marks of Land rent The same was remitted and recommended to the Commissioner to bee represented and remonstrat to your Majestie whose gracious answer they do expect As concerning the book intituled A large declaration The generall Assembly taking notice thereof and conceiving that thereby your Majestie that Kirk and whole Kingdome is wronged did give in a supplication to the Commissioner and Lords of your Majesties privie Councel humbly craving to represent the same to your Majesties gracious consideration Like-as in the articles of Parliament the Estates did humbly recommend the Assemblies supplication to the Commissioner for obtaining graciously the desire of the said supplication Neither did they know a more humble and respective way for redresse and removing these imputations which lyes upon them by occasion of that book concerning which amongst the other particulars recommended to the Commissioner to be represented to your Majestie They do confidently expect the return of your gracious answer As concerning that proposition whereby it is desired That the Commissioners of Shyres may be allowed to give in a roll of free holders out of the which the Justices of peace are to bee chosen The reason of that desire is Because the Commissioner of each severall Shyre knows best who are the fitteft and ablest men within their own severall Shyres for your Majesties service and the good of the Countrey which is no wayes craved to derogat from your Majesties power of chosing but onely as an expedient to be past or refused as your Majestie and the Parliament shall think convenient As concerning that act anent the disorders in the North The reason why the same was craved did result from the complaints and grievances against the thift oppression slaughter and great insolencies committed these diverse years bygone and of late in those parts the redresse and remedie whereof and for keeping peace in that part of the Countrey deserves your Majesties consideration and justice And all that we remember was required of the Parliament was That the former acts of Parliament made for punishment of thift rapine and oppression might be revived with such farther addition as your Majestie should finde expedient and conduceable for the peace of the countrey which wee hope your Majestie will ever tender The reason
seen betwixt the declaration which was made by us in the Parliament-house and that which was printed by his Majesties authority we mean not escapes of the Printer but willfull errours of the Author that no man may any more be ignorant how far the King there and the Kingdome here are abused we suppose the Reader to be honest and judicious that we need not insist in exponing the causes why such and such parts of our Declaration are left out and therfore will content our selves to describe the words and clauses which are past over in a smal Character The Declaration of the Estates of Parliament concerning the prorogation of the Parliament c. WE Noblemen Barons and Burgesses Commissioners of shyres and Burrowes conveined in this suprcame Court of Parliament by his Majesties solemne indiction and holden by John Earle of Traquair his Majesties high Commissioner do with all dutifull and loyall respect unto the Kings most Excellent Majesty and with our best affections to the preservation of the Body of this Kingdome which we now represent make known that where contrary to the malignant disposition and the wicked devises and practises of some of our disnatured Countreymen and their complices his Majesties face did not only begin to shine upon us to the calming of all these tempests and troubles which were at fiâ—st raised by their own inventions and innovations of Religion but his Majesty did also with advise of the Counsâ—llours of both Kingdoms declare and assure that it was his Royall will and pleasure for afterward That all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliament and other inferiour judicatories established by Law which was and is the summe of our whole desires and therfore was pleased to indict a free Generall Assembly to be conveined at Edinburgh the 12 of August for setling the peace of the Kirk and a Parliament to be holden 26. August for ratifying the constitutions of the Assembly and for setling such other things as may conduce for the peace and good of the Kingdome And because his Majesty could not be present in his own Royall person which was our earnest desire and had been our great delight It pleased his Majesty so far to tender the minds of his well meaning subjects as to promise unto them a Commissioner instructed with full power to bring matters to a finall conclusion both in Assembly and Parliament against all fears offrustration and jealousies of prorogation or delayes And forsameekle as John Earle of Traquair his Majesties Commissioner honoured with a most ample Commission according to his Majesties Royall word having closed the Assembly and having sitten with us in Parliament a very long time for debating and preparing such articles as were to bee presented in face of Parliament doth now take upon him and that without the consent of the Estates and without any offence on their part who have endeavoured in all their proceedings to witnesse their loyaltie to the King and duety to his Grace as representing his Majesties sacred person to prorogate the Parliament upon a private warrant procured by sinister information against his Majesties publick Patent under the Great Seale and that upon pretence of a clause in the Commission under the quarter Seal which was only for fencing continuing of the Courttill the down-sitting of the Parliament and that even by representation of the Estates who now being present themselves cannot be represented by Commissioners but doe directly dis-assent which warrant is now expyred in it self and is not renewed under the quarter Seal whereby hee doth heavily offend all his Majesties good Subjects and indanger the peace of the whole Kingdome for which he must be lyable to his Majesties Royall animadversion and to the censure of the Parliament this being a new and unusuall way withour precedent in this Kingdome contrary to his Majesties honour so farre ingaged for present ratifying of the acts of the Kirk contrary to the Lawes Liberties and perpetuall practice of the Kingdome by which all continuations of Parliament once called conveened and begun to sit have ever been made with expresse consent of the Estates as may bee seen in the reigne of K. Jam. 6. Q. Mary K. Jam. 5. K. Jam. 4. K. Jam. 3. K. Jam. 2. K. Jam. 1. and so forth upward in all the printed and written Records of Parliament contrair to the publick peace both of the Kirk and Kingdome which by reason of the present condition therof and the great confusion like to ensue cannot endure so long delay and which is to the advantage of our malicious adversaries who for their own ends are uncessantly seeking all occasions by dividing betwixt the King and the Kingdome to bring both to utter ruine and desolation THEREFORE Wee the Estates of Parliament out of our zeale to acquite our selves according to our place both to the Kings Majesty whose honour at all times but especially conveined in Parliament we ought to have in high estimation and to the Kingdome which we represent and whose Liberties shall never be prostitute nor vilâ—fied by us are constrained in this extremity to manifâ—st and declare to all men who shall hear of our proceeding that as we have not given the least cause or smallest occasion of this unexpected and unexemplified prorogation So we judge and know the same to bee contrair to the constitution and practises of all preceeding Parliaments contrair to the Liberties of this free and ancient Kingdome and very repugnant to his Majesties Royall intentions promises and gracious expressions in the articles of the late pacification which we trust will be no sooner presented to his Majesties equitable consideration but the adversaries who have informed against us shall be driven from his Majesties presence and receive their deserved recompence of reward And wee doe further declare that any prorogation made by the Commissioners Grace alone without consent of the Parliament by himselfe or any Commissioner in his name or under the quarter Seal or by the Lords of the Councell who have no power at all in matter of the Parliament during the sitting thereof shall be ineffectuall and of no force at all to hinder the lawfull proceedings of the Subjects and the doers thereof to be censurable in Parliament And farther we declare that the Commissioner his nomination of the articles by himself his calling together these articles and commanding them to sit continually and proceed notwithstanding their day lie protestations to the contrair his keeping frequent Sessions of Councell and determining causes in Councell during the time of the Session in Parliament his calling down and calling up of money enduring the Session of the Parliament without consent of the Estates of Parliament notwithstanding that the Parliament had taken the money to their consideration and had purpose to have given their advice for a determination there-anent his frequent prorogating the ryding of the Parliament without consent of the Estates or mentioning
Commissioners subscription is declared to be one and the same with that of 1580. which giveth no warrant to such actions as ours are Where fiâ—st we desire it to be known universally that the Earle of Traquair his Majesties Commissioner did subscribe the Confession of Faith and Covenant with the explanation of the Assembly First in the house of Parliament in presence of the Lords of articles Septemb 6. both as Commissioner with the declaration made in the Assembly to be prefixed to his subscription and as Traquair simplie as other subjects have done Next that he subscribed the Covenant in the new house of Exchecquer as a Counsellour with other prime Lords of Counsell Roxburgh Lawderdaile Southesk and many others and that without any Declaration at all even the Marques of Huntlie shew his desire to subscribe with others but that he would have done it with protestation of his liberty outwith the Kingdome which the Ministers who were present to take the oath and subscription of the Lords could not admit But neither his Lordship nor any other pretended any scruple either in Religion or civill obedience to the King against their subscription so that neither in the Assembly nor in the Parliament-meeting of the articles nor at the Councell Table was there any suspition of treasonable combination against the King from this subscription Secondly if both that of the 1580. and this of 1638. be one then certainly this hath no more then that and that hath no lesse then this Neither is there any other difference of the one from the other but as was expressed in our Protestation Septemb. 22. 1638. such as is of a march stone hid in the ground and uncovered c. for this end and for giving full satisfaction to authority these words Wee have sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion c. but also that wee shall concurre with our friends and familiars in quiet manner or in armes as wee shall be required of his Majesty his Councell or any having his authority in every cause that may concerne his Majesties honour according to the Lawes of this Kingdome and the duetie of good Subjects c. are insert in the Supplication of the Generall Assembly first part of this representation pag. 48. Our third objection is That the demands proponed by us in Parliament are but matters in fieri which is so praegnant that it cannot be answered if it be considered as it was modestly proponed and very truly exponed by our Commissioners in their proceedings pag. 45 46. for many demands may be made to the articles which may be rejected by them and many things may be concluded in articles to be proponed to the Parliament which in face of Parliament being disputed may be judged inconvenient Demands are not definitions nor propositions to be accompted conclusions Things done by men must be in fieri before they be in facto esse every conception cometh not to the rypenesse to be a birth BY that which we have said we believe we are free before and in the Assembly and Parliament of insolencies and the heavy censures of Rebellion and Treason which are so ordinarily and at every other word thundered out that they are become the lesse formidable unto us who desire that all our actions and proceedings in this cause may be seen in their own colours and who are supported with this inward testimony that we fear God and still honour the King although nothing can proceed from us which will please our adversaries except we will follow their rules which are not unlike those of the Jesuits found at Padua when they were expelled the territory of Venice One of them was that men should take heed that they presse or inculcat not too much the Grace of God Another was that men must beleeve the Hierarchicall Church although it tell us that that is black which our ey judgeth to be white Vnto which we may adde the third invented by Ignatius Loyola of blinde obedience which we have no mind to practise because it is repugnant to the essence of the vertue of obedience which proceedeth from knowledge and election We intreat our adversaries to shew us in good earnest and not by way of railing In what sense have we incurred the censure of Rebellion and Treason in the Assembly as is alledged pag. 52. The Assembly was conveened by his Majesties authority countenanced from the beginning to the end by his Majesties high Commissioner all things were done with high respect to the Kings Majestie and with frequent prayers for his happines Nothing was put in deliberation till it was first proponed to his Majesties Commissioner nor any thing determined without his advice consent and approbation all was done in that order and decencie which this Nation out of use of Assemblies through the tiranny of Prelats usurping the jurisdiction of the Kirk could attain unto at the first or second time and all was closed with rejoycing in God and with many praises and prayers for the King under whose Majestie the Commissioner also had his own part And yet in the Assembly we must be guilty of Rebellion and Treason We cannot be mooved to think but the mitre of an usurping Prelat by the authority of a Nationall Councell may be thrown to the ground without the violation or smallest touch of the Crown or Scepter of Imperiall Majesty because we deny both the Tenets of the Romanists One that the temporall power of Princes is directly subordinat and subject unto persons Ecclesiasticall as having all power given them of God Another of such of them as are touched with a little shame that the temporall authority doeth not reside in persons Ecclesiasticall but is given unto them indirectly as necessar for the Spirituall which is but a shift and a difference of words what then should our judgment be of unlawfull and usurping prelats and popâ—lâ—ngs may be easily known by others or if need were made known by our selves if this were not a digression onely this much we intended that to dethrone a prelat and to over-turn prelacie we judge it no Treason against the King And so we come to the answer of the third part of the Declaration touching our faults since the Parliament Not three or foure but Ten transgressions and exorbitancies are here libelled against us The first three are the provyding of men munition and moneyes for our own defence which in us who are the Estates of a free Kingdome is held lawfull by the Law of God and Nature by our acts of Parliament by the practise of other reformed Kirks by the testimony of famous Divines by the assistance contributed by our own Princes to other Kirks and States invaded and distressed and we adde by the judgment of many amongst our selves who in the beginning of our troubles and before the late pacification had about this their own scruples wherein since considering what is done in England for
advancing of Popâ—rie and what is done at home expresly against the articles of the pacification they rest perfectly satisfied If the defence be lawful the hands of men and the aide of moneys are necessary adminicles which all the Subjects do acknowledge and therfore contribute most willingly without the least exception except of some few not against the thing it self but against their stint and proportion which yet is lesse quarrelled in this then it hath been at any time in ordinary Subsidies or taxes It is known to the world that Scotland hath no Treasures whereof to boast but on the contrary if we be blocked up we will be necessitated either to famish or to fight our selves free And although we had the treasures of Craesus or Darius we would not put our trust in them The sentence of Q Curtius which after him is become common in the world crying up moneys above the just value that they are the Sinewes of warre is upon good grounds by wise men and upon better experience recalled and exploded The sinewes of this warre if a warre shall be must be a good cause good consciences and Souldiours stout and fearing GOD who cannot bee found out by gold but will be able to find out gold as some writers about this have spoken well Our fourth Transgression is from our papers and pamphlets and namely against an Information from the Estates of the Kingdome of Scotland to the Kingdome of England Many things have been written on both sides but in very different manner inasmuch as the writings of the prelats and their partisans are full of railings detractions injuries and slanders against this Kingdome and full of sedition to stirre up our King against us much written that our defence is unlawfull nothing against the unlawfulnesse of the invasion But our writings are full of al kinds of reverence to the Kings Majesty and of respect to the English Nation pressing the matter in hand without digression or falling from the purpose upon the persons of men further then the action intended against our adversaries the authors of all these evills did inforce us The for me of answering our Information not by evidencing any untruth or undutifulnesse in it but by Proclamation and by fire and faggot is indeed for the time the most easie the most compendious and the most affrighting way to the poore ignorant multitude But England can tell that the truth cannot be consumed by fire but will rise more pure and clear out of the ashes and flye with multiplyed wings further abroad in the world then before We might also without presumption have expected that an Information coming not from a particular person or society but from a Kingdome would have found with the Councell of England some better entertainment But we trust our Informations will be more precious in the sight of our friends who know through what difficulties they make their journey and what acceptance they find at their arrivall The next three Transgressions are about the Castle of Edinburgh and certain Fortifications Out-rages and violences we have committed against none of that Castle but many have we endured out of a desire and hope of peace and for them have returned courtesies and favours Materials to the Castle were not denyed till by boasting profession was made of that which wee might have known before that it was to be turned against our selves and the Town neither then were they altogether denyed so farre as our own necessary use of materialls would permit Neither was any work raysed against the Castle but a Rampier onely for defence of a Court d' guard till violence was done from the Castle Our desire and hope of peace and our unwillingnesse by the smallest breach to lose the thankes of our former obedience have mooved us to supererogate and to doe more then wee were oblidged but have not suffered us to be deficient It is rather to bee wondered at that wee have done so much to make up a Fortification against our selves and to put weapons in the hands of our enemies then to bee reprooved that we have done no more The eight concerning the Lord of Southesk and no other of quality except Sir Lewes Stewart we remit to the information of their own Letters come to his Majesties knowledge The carriage of Noblemen of Barons and of the Magistrats of the town of Edinburgh upon the harmlesse accident of their surprizall by the multitude doth rather deserve thanks then challenge from themselves or any other as is contained in our Remonstrance pag. 32. their safety in the time and their Liberty granted them since how soon they could be in safety are reall testimonies that no evill was meant against them We would not have it supposed that we do all that we are able to do or what we do for good that it is done for evill The ninth concerning the rendring of the Towne of Edinburgh into the hands of a Committee and therby the incurring the guilt of high Treason we wonder how any should be found so wicked as to invent it and much more if his Majesty or any wise or good man can be moved to believe it They have the honour to be the first Citty of this his Majesties Kingdome and as a principall member do joyn in this common cause of mutuall defence but neither know of any such usurping Committee nor of submission to any power beside that of their Soveraigne Lord and King how ready the Magistrats and whole Body of that Town have been to all good offices for his Majesties honour how far they have strained and spent themselves upon publick works for the honour of the Kingdome how difficult commandements they have obeyed at his Majesties pleasure and how they have omitted nothing which they conceived could be brought within the compasse of the duty of humble and faithfull Subjects These who somtime professed themselves to be their friends but are now become their enemies can bear witnesse We may truly with them and in their name honour them with this testimony that as it is his Majesties glory to have one prime City in this his Kingdome so have they beside all other respects by their affections and deportments deserved to be the first and to have a better place in his Majesties estimation then to be suspect of Rebellion or Treason Declarations of this kind are devised to be divisions betwixt the King and his best Subjects The Tenth Transgression is keeped to the last place Decumanus fluctus as a great wave to over whelme us and our Cause But we have no fear so long as we saile in the ship of a good conscience which by no surge or storme can be wrecked This is that French Letter so much talked of and insisted upon as to open a gate to let in forrain power to rule over England and our selves which by what consequence it can be inferred we would fain know when a people is sore distressed by sea and land is
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