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
with the prelats So do it fall ought to be removed with them ut effectus removetur cum fua causa for they being removed cannot choise the noblemen to be on articles as the Noblemen cannot chose them nor can they both together choyse the Barons Burgesses So that it doth of necessity follow that there bee no articles but that all bee done in face of plaine Parliament as it was of old or else if articles be that the ordour of election be from the whole Parliament or that every Estate of Parliament make choise of such of their owne number as are to bee on articles For according to the common received maxime Quod omnes tangit ab omnibus approbari debet status ac ordines regni who are chosen to represent the whole Kingdom and are appointed to conveen in their name for establishing such Lawes as are necessare for the good of the Common-wealth ought to discharge that trust themselves and not to intrust potestatem vniversis commissam to some few delegat persons exceptonely in cases of necessitie and utilitie which either may be done or omitted according to conveniencie and occasion of affaires For as this freedome of chosing or not chosing of articles in practise and de facto was arbitrarie and changeable pro occasione distinctione temporum So there is never any statutorie law enjoyning the necessitie of articles or determining the power and manner of their proceeding in actibus liberis of the Law non currit prescriptio And it is very agreeable with reason that the power of articles which is but a committee delegate from the Parliament to prepare matters for their consideration have not a boundlesse and illimited power but bee comptable to them and the power of articles is onely preparative and no wayes determinative and is but curatio by vertue of a delegation which ends at the redemand of the granter and ought no wayes to be privative of the Parliaments power but only cumulative and they ought before closing or ryding of the Parliament to render an accompt to them of all that hath been proponed or past in articles That the whole Parliament may have a competent time for consideration agitation mutuall communication discussion and deliberation of the reasons and conclusions of these articles which are to be voiced and not to vote blindly and without foreknowledge to agree or disagree to such things as by their suffrages are enacted to bee laws which requires not onely voycing but also hearing free reasoning and ripe advisement as is clear by the commissions granted by the Shyres and Burroughs to their Commissioners and from the acts of Parliament K. Ja. 1. Par. 7. act 101. And acts of Parliament 1584. and 1587. K. Ja. 6. As for answer to the new augmentation of customes and book of rates It is humbly acknowledged that the customes belongeth to your Majestie as a part of the patrimonie due to your Crowne likeas by diverse acts of Parliament especially by the 179. act Par. 13. 206. act Par. 14. and act 251 254. Par. 15. K. Ja. 6. It is evident that the customes of native and forraigne commodities hath beene imposed with consent of the Estates and this new augmentation was onely imposed by the Excheckquer and condiscended unto by some of the Burrows upon promise as is affirmed by them made by the Earle of Traquair your Majesties Thesaurer That the present book of rates without alteration should be ratified in the next Parliament the performance whereof was onely craved by that article given in And that no new augmentation should be imposed upon custome but that which is agreeable to justice and the Laws of the Kingdome Which the burrows conceived they might verie lawfully represent to your Majestie and the Parliaments consideration The reason and occasion of that article given in to your Majestie and the Parliament anent the value of money and concerning copper-money doth flow from the sensible losse and great prejudice which your Majesties Subjects of that Kingdome doth sustain by the huge quantity of copper money which hath been coyned there and allowed with advice of your Majesties Councel to passe currant at a rate so far above the intrinsique value thereof as beside what is coyned within the Kingdome there are likewise a great quantitie coyned abroad in other Countreys and brought in to Scotland and a great quantity of false ones forged by Tinkers and through occasion thereof all other money is exported and taken away and no other money almost left and the crying of them up and down in so short space of late hath brought the esteeme and value of them to such an uncertainty and confusion as no man knows now at what rate they should passe or whether they should passe or not which to your Majesties Subjects is a very great prejudice especially to Tradesmen and other poore people in whose hands most part of that base money is whose distrest condition cryes to your Majestie for remeid Likeas the importing of Dollars from forraigne kingdomes and tollerating of them to passe for a long time at a higher rate and price nor is answerable to the true value and above that price gave occasion to export and take away your Majesties own coyne and the crying down of the Dollars thereafter by your Majesties Councell at such a time when as there was little or no other money in Scotland occasioned great scarcitie of money in that Kingdome From the by-past experience of which losse and for remeid thereof that article craving that the value of money should not bee altered without advice of the Estates of Parliament was given in without thought or intention to trinch in any sort upon your Majesties royal authority but that your Majestie for the good of your Subjects may bee graciously pleased That the standart of the money consisting in the fynnes the weight price of money which from time to time hath been ruled and set down in Parliament be not altered but by advice of the Parliament And that the fynnes price and weight of money hath been ruled and determined by Parliament may bee seen by that act of Parliament holden by King David the second in anno 1366 in these words Statutum quod fabricetur moneta de materia jam all at a in regnum quod in pondere metallo aequipolleat monetae currenti in Anglia fiat in ipsa signum notable per quod possit ab omni aliaprius fabricata evidenter cognosci quousque in proximo Parliamento super hoc maturius avisari possit The same is also manifest from a great many other acts in the reignes of K. Ja. 1. K. Ja. 2. K. Ja. 3. K. Ja. 4. K. Ja. 5. K. Ja. 6. Especially K. Ja. 1. Par. 1. cap. 23. anno 1424. Item K. Ja. 2. Par. 6. cap. 29. and Par. 8. cap. 33. Par. 13. cap. 59. Par. 14. cap. 72. Item K. Ja. 3. Par. 1. cap. 9. Par. 3. cap. 18.
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
first and afterward a matter of demurre and astonishment Although our Commissioners formerly sent were repulsed yet we did not desist but remembring that we were dealing with our own native King who might be moved to know and compassionat us his own people at last we sent this humble supplication for a new hearing To the Kings most excellent Majestie the Remonstrance and Supplication of the Noblemen and Commissioners of Shyres and Burrows his Majesties good Subjects of the Kingdome of SCOTLAND Humbly shewing THat where the great want of your Majesties royal presence in person at thâ—â—â—igh Court of Parliament as we have also at other times experienced hath been apprehended by our adversaries for a fit opportunitie to their mis-informations and hard impressions against our proceedings in Parliament as trenching upon your Majesties sacred and inviolable authoritie as not warranted by the fundamentall laws and laudable practices of this your Majesties ancient and native Kingdome or as contrary to the promises and remonstrances which were made to your Majestie by your humble subjects in the truth of their hearts and were in the same sense graciously accepted by your Majestie And although to our common regrate and the suspending of our hopes and humble desires your Majestie hath thought meet to give order to Your high Commissioner to prorogat the Parliament yet such hath been your Majesties wisedome justice and goodnesse which in all humble thankfulnesse shall ever bee remembred by us that your Majestie hath kept one ear for us and would not harken and give place in your Royall heart to suggestions and obloquies of our enemies till the reasons of our proceedings were made known from our selves and we should have the favour of a full hearing And for this end it was your Majesties royall pleasure to permit and allow the Estates of Parliament to send some of their number to give your Majestie true information which being conceived by them for a sufficient warrant made them direct two Noblemen the Earle of Dumfermling and the Lord of Lowdoun to your Majesties Court instructed with full commission to that effect But since your Majestie judged it not convenient to grant unto them accesse and audience at that time We now from the sense of the distressed condition of this your Majesties Kingdome which we nothing doubt but your Majestie will in your tender and fatherly car compassionar do in all earnestnesse desire and in all humility supplicat that your Majestie may be pleased upon this our declaration that we intend nothing but what shall merit approbation at the throne of your Majesties justice to give commandment for the proceeding of the Parliament that thereby our evils may bee cured before they be past remedie many dangerous consequents may be prevented and the troubled estate of this Kirk and Kingdome speedily settled which is the longing desire and universall expectation of all your Majesties peaceable Subjects Or if your Majestie shall finde it necessary for their further satisfaction against all exceptions to make particular inquirie and to take notice of the reasons of our proceedings and demands from our own mouthes which we shall be most willing to render in that case we are confident that your Majesties royall ears will be in the meane while shut against the sinister informations of such men as are fallen out with the times and think our common calamities a mitigation of their just sufferings And doe humbly entreat that your Majestie may be pleased to give signification of your Royall will hereanent and to grant warrant for sending some from us to your Majesties presence that so soone as may be the Parliament long since begun by your Majesties indiction may by your Majesties wisedome and goodnesse have the wished conclusion to your Majesties honour and the joyfull acclamation of the whole Kingdome To which this answer was given At his Majesties Court at Whitehall the 11 day of December 1639. HIs Majestie having read and considered this supplication is gracioufly pleased to permit such number of them to repair thither as they shall please to shew the reasons of their demands Sic subscribitur Sterline VPon this answer foure Commissioners were sent who did acquite themselves in their charge as is expressed before in their Supplications speeches answers and whole proceedings Concerning which there be three things mentioned in the Declaration to make them all null and themselves odious First that they were not instructed with sufficient Commission which is abundantly answered by themselves pag. 14. For their commission behoved to be deficient either in the forme and authoritie or in the subject and matters to be treated The authoritie was as great as first the Parliament then sitting and thereafter the Commissioners of the Parliament could grant And where it is said pag. 44. that they were persons of no great eminencie who did subscribe Their Commission we desire to be considered 1. That the first commission was subscribed by the Subjects of every qualitie sitting in Parliament 2. That the second commission could not be subscribed in that manner the Parliament being no more sitting but prorogated but behooved to be subscribed by the Commissioners of the Parliament authorized to sit at Edinburgh for making remonstrances and receiving answers from his Majestie The meanest of these Commissioners whosoever he was in person was in this act of greater authoritie and eminencie then the most eminent in the Kingdome who was not clothed with the same commission And therefore although there were many Noblemen in Edinburgh for the time yet they did not signe the commission because they had no warrant from the Parliament and that for me of doing hath been reprehended in former times as displeasant to his Majestie and so was the authority sufficient As for their limitation in the matters to be treated before his Majesty it may appear by his Majesties allowing them to come up under the Secretaries hand that they went to give the reasons of the demands made in Parliament and withall did declare as is contained in their proceedings pag. 45. that the Parliament doth not stick upon these or any other articles of that kinde any further nor as they have clear warrant of law and as his Majestie and the Estates shall find them convenient for the good of the Subjects And did supplicat that his Majestie would be pleased to command the Parliament to proceed and ratifie the conclusions of the Assembly and passe such acts as are necessarie for establishing Religion and for the good and peace of the Kingdome according to the articles of pacification But that we may remove all suspition of latent or underhand dealing wee have here set down the just copie of the instructions given to our Commissioners first and last Instructions from the Noblemen and Commissioners of Shyres and Burrows conveened to attend this present Parliament To the Earle of Dumfermling and Lord Lowdoun concerning such businesse as they have desired to be imparted to the Kings Majestie
part and to do many things beyond the bounds of duty or obligation having alwayes before our eyes that we were dealing with our King who by time would perceive the plots of our enemies that our desireable peace being obtained would be abundant satisfaction for all our sufferings and being confident in God that by his providence and the richesse of his goodnesse all our losses might in a short time be repaired And since the proroguing of the Parliament we have followed after peace in sending our Commissioners to be mediatours of peace by remonstrating the reasonablenesse of our humble desires and as we still do beg peace so have we done nothing but put our selves in order against invasion and unjust violence which if we had expected or if we had not been transported with the love of peace and of our King as a Prince of peace would we have taken verball expressions at the Camp for a ground work to build our peace upon would we have slipped from our advantages and put the Castles and Strengths of the Kingdome into our enemies hands would we without precedent in this Kingdome have yeelded at this time to the prorogation of the Parliament or would we have received an English garrison with armes and ammunition into the Castle of Edinburgh All these have we done and all these this day are turned and used against us and yet are we blamed to be the breakers of the peace But because this is the question proponed in the beginning if the ballance of every just judgement stand not right already we shall now by a short summary and recapitulation of what we have done and what we have sustained since the pacification make the weight more sensible It will ease us not a little when we shall see them weighed in the scales of unpartialitie and shall hear the sentence pronounced that the accusations against us are found light and of no moment in comparison of this counter poise of our performances and just grievances NO materiall point of the treatie which wee have not performed Wee incontinent dissolved our Armies disbanded our Regiments rendred the Castles and all ammunition restored all things that were not spent have keeped no unlawfull meetings and desisted from all fortifications When the Assembly was conveened matters Ecclesiasticall were determined according to the constitutions of the Kirk in the presence and with the consent of his Majesties Commissioner for which the Assembly gave humble and hearty thanks to his Majestie intreating and hoping for ratification of the Acts of the Kirk in Parliament wherein beeing conveened our care was to walke so warily that neither his Majestie should be provoked nor the liberties of the Kingdome prejudged and therefore wee laboured to have enacted things plaine and necessarie serving for the good of Religion and the peace of the Countrey And directed our Commissioners to give information to his Majestie concerning things that might seeme questionable And when the Parliament was prorogat by his Majesties authoritie without any precedent practise we suffered our selves to rise And although our Commissioners were repelled yet did we send our Commissioners again in greater number to render the reasons of our demands Our innocencie suffered us neither to fear such intertainment to them nor such answer to our demands as are contained in this Declaration but constantly desiring peace and hoping for the returne of our Commissioners with his Majesties gracious answer for the sitting of the Parliament wee have received strangers and with them all kinde of munition within our Castles which are now with great insolencie and barbarousnesse even against women and children used to our own hurt On the other part It grieveth us that quarrels have been picked and made up against us from the best and most ingenuous of our actions This is a coloured threed that ruuneth along the whole web of this Declaration we but point here at the first end of it It was openly professed before the Kings Majestie by our Commissioners at the Campe that his Majesties Declaration would not satisfie without his Majesties owne benigne interpretation by word and yet no sooner was this made out of a desire of peace but incontinent it is quarrelled and afterward the paper bearing his Majesties words burnt by the hand of the hang-man New fortifications were made and great Garrisons keeped at Barwick Carlile and other places and the officers brought over sea were not dismissed The Castles of Edinburgh and Dumbartaine extraordioarly fortified with ammunition and all sorts of fire-work for destroying the towne and especially with Garrisons of strangers The fortification of Leith first granted to the Town of Edinburgh to bee disposed upon and thereafter the contrarie commanded to make a quarrelling Suspicions and jealousies fomented in the hearts of the good subjects by frequent meetings and consultations with the excommunicat Prelats and by calling of fourteen of us to Barwick who were accompted prime leaders in this affair from the beginning An oath pressed upon our Countrey men in England and Ireland which because they could not take as supposing it both in the intention of those who ministred the oath and in the condition of the oath it self to be contrarie to their Nationall oath and Covenant they are punished diversly in their persons goods moneys lands and shipping and our desires to have them restored are not regarded Some words of his Majesties Declaration at the Camp which were delet at that time as very prejudiciall to our cause have been printed in the edition published at Paris and are taken in again now in this Declaration The Prelats although excommunicat were called to be members of the Assembly to the great discredit of the Kirk and farre from that which was spoken at the time of the Treatie The book called A large Declaration complained on at the Camp and censured since in the Assembly and Parliament neither recalled nor the authour punished But our informations although given out in name of the Kingdome burnt by the hand of the executioner and all men forbidden to read or have them When it was not possible for the Lieges to attend the Session was commanded to sit and since that time no proclamation nor course taken for ministration of justice Although the Assembly proceeded and was concluded with the consent of his Majesties Commissioner yet are we accused of Treason and Rebellion in the Assembly After the Assembly was closed new Declarations were emitted by the Commissioner prejudiciall to the Declarations made in the Assembly and destroying the substance of the acts of the Assemblie The refusing to ratifie the acts of the Assembly namely that of August 17 except with these limitations and declarations which would more have enervat nor strengthened the acts of the Assembly The refusing to restore to the Kirk her right of planting of some Kirks usurped by the Prelats and to grant the commission for plantation of Kirks The Registers of the Parliament although often desired for removing
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
Majesties high Commissioner and the honourable Estates of Parliament by their authority To ratifie and enjoyne the same under all civill paines which will tend to the glory of God preservation of Religion the Kings Majesties honour and perfect peace of this Kirk and Kingdome Those and other Ecclesiasticall matters being debated and with the approbation and consent of his Majesties Commissioner peaceably determined in the Assembly We found our selves bound to render thanks to God for his great mercy and to the Kings Majesty for his Royall favour to this Kirk and Kingdome fearing nothing lesse then the challenge of insolencie or sedition and filled with hope that the Parliament now approaching should ratifie what was universally and with the lyking of his Majesties Commissioner concluded in the Assembly The Assembly gave thanks for what they had received and petitioned again What was promised by his Majesty and certainly expected by all his Majesties Subjects This thankesgiving and petition delivered to his Majesty by our Commissioners was in this manner MOST GRACIOUS SOVERAIGNE WE your Majesties most humble and loyall subjects the Commissioners from all the parts of this your Majesties ancient and native Kingdome and members of the Nationall Assembly conveened at Edinburgh by your Majesties speciall indiction and honoured with the presence of your Majesties high Commissioner Have been waiting for a day of rejoycing and of solemne thanksgiving to be rendred to God by this whole Kirk and Kingdome for giving us a King so just and religious that it is not onely lawfull for us to be Christians under your Majesties government which sometime hath beene the greatest praise of great Princes But also that it hath pleased your gracious Majesty to make knowne That it is your Royall will and pleasure that all matters Ecclesiasticall be determined in free National Assemblies and matters civill in Parliaments which is a most noble and ample expression of your Majesties Justice and we trust shall be a powerfull meane of our common happinesse under your Majesties most blessed reigne In the meane while wee doe most humbly upon the knees of our hearts blesse your Majesty for that happinesse already begun in the late Assembly at Edinburgh in the proceedings whereof next under God we have laboured to approve our selves unto your Majesties Vicegerent as if your Majesties eyes had been upon us which was the desire of our soules and would have been the matter of our full rejoycing and doe still continue your Majesties most humble Supplicants for your Majesties civill sanction and ratification of the constitutions of the Assembly in Parliament that your Majesties Princely power and the Ecclesiasticall authority joyning in one the mutuall embracements of Religion and Justice of truth and peace may be seene in this Land which shall be to us as a resurrection from the dead And shall make us being not onely so far recovered but also revived to fill Heaven and earth with our praises And to pray that King CHARLES may bee more and more blessed and his Throne established before the Lord for ever By which it may appeare that we were not unthankfull for his Majesties Justice and goodnesse that we were not conscient to our selves of any wilfull breach and that therefore we were confident of the crowning of the Work in Parliament wherein what our carrtage was will now be made manifest by the relation and proceedings of our Commissioners sent from the Parliament to the King against all that hath been or can be imputed unto us In the mean time remembring that we are a Kingdome and that they are but one subject or two who informe against us A Kingdome conveened in Parliament which can best judge what is most conducible for our selves and the collective Body which we represent and a Kingdome living under our own native King in whom we have as great interest as a Kingdome can have in their King and whom we desire to honour we cannot dissemble our grief but are forced to complain that in our own Nationall affaires we have not greater credence regard and power with his Majesty then all others whatsoever But this is one evill amongst many that presseth us sore through the want of his Majesties Royall presence amongst us which we trust will move his Majesty in his fatherly affection to be the more tender and all others remembring themselves to be the more equall in their judgment and actions toward us ONe thing there is very necessary to be remembred before we come to the proceedings of our Commissioners sent from the Parliament to the King A paper bearing some reasons to prove that in commanding to swear the Covenant 1580 and 1581. his Majesty that then was and his Councell did not intend the abjuration of Episcopacie This paper although it be come to few hands before this time yet was it much esteemed by the Author and therefore was put in his Majesties owne hand and by his Majesty sent to one of our Ministers as a strong hold and impregnable strength for Episcopacie against all that had been done in the Assembly at Glasgow or was intended in the ensuing Assembly and Parliament It seemeth indeed to be the last endeavour and assay of our adversaries in that kind from no small knowledge of the proceedings of this Kirk in former times and with no lesse artifice and engine set on worke wherein they will outstrip all that hath been written in the large Declaration as insisting on things childish and triviall in comparison of this fine and subtill invention never brought to light before This last breath of Episcopacie expiring in this Kirk and giving up the ghost we judged it not convenient to conceale But have set it downe heere with a solide and modest answer written at that time when the paper came to our hands and intended to remoove the scruple out of his Majesties minde and to show the Author his owne errour if it had been of simplicitie or if it be wilfull to convince him the more That in commanding to sweare the Covenant 80. and 81. His Majesty that then was and his Councell did not intend the abjuration of Episcopacie BEcause but ten yeares before viz. In 71. there was a solemne agreement made between the Commissioners of his Majesties Councell and the Commissioners of the Generall Assembly of the Kirk That during the Kings minoritie or without a contrary order from Parliament Arch bishops and Bishops should continue as before they did And that in every Metropoliticall and Episcopall See there should be a Deane and a Chapter and that the bounds of Dioceses should not be confounded Nay there was an exact Forme at that time set down by the said severall Commissioners and regâ—stred in the bookes of Councell for the creating of Bishops after a Protestant manner viz. by Conge deslire to the Deane and Chapter then a forme of returning the election with petition to the King for his Royall assent with commandement to the Arch-Bishop c.
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
conveened together and sent for the Advocat who assured them that there was not nor should not bee any such thing but that the act should be conceived in so clear terms that it should not be possible to draw in under any part thereof a power to the Lords of Exchecquer to dispute let be to decyde in heretable rights And as the Subjects heretable rights and infeftments are by this act saved from being decyded or annulled by incompetent judges so your Majestie is no wayes prejudged thereby seeing the Lords of Session who by the laws of that Kingdome are proper and competent judges of heretable rights and infeftments may and will decyde any questions which may concerne your Majestie the nature tenor and validitie of any heretable right After reading and debateing of the former answers and agitation anent the Earle of Traquaires carriage in Parliament in refusing these things therein till whereunto he had consented in the Generall Assembly Especially that act of Assembly of the date the 17. of August whereby Episcopacie and the civill power and places of Kirkmen was condemned as contrary to the Confession of faith and constitutions of that Church And declared to be unlawfull and removed out of that Church and Kingdome and all the subjects by act of the Assembly with the Commissioners consent ordained to subscryve the Confession of faith with the Assemblies explanation Our Commissioners as they at the closure of all their hearings did humbly crave That his Majestie would be graciously pleased to command the Parliament to proceed and ratifie the conclusions of the Assembly and passe such other acts as were necessar for establishing Religion and the peace of that Kingdome And did require that his Majestie would signifie his pleasure concerning the desires of the Parliament and did urge their dispatch showing his Majestie the danger and prejudices which might result from delay But his Majestie commanded them to attend his time and leasure and appointed the 23. of March for the next hearing And that all farther propositions and demands which were to be made to them would be given in to them in writ that they might answere the same against that time Vpon the 20. day of the foresaid moneth of March about six a clock at night The Earle of Traquair sent to our Commissioners these propositions following PRotestation against the Thesaurer and privie seales precedencie That their giving way to the Thesaurer and privie seal should not prejudge them of their right The act anent the constitution of the Parliament in time coming being by the articles remitted to his Majestie to be considered till the next Parliament was thereafter questioned by some of the Nobilitie and Barons who orged the same to be brought in in open Parliament without any such reference Article craving every Commissioner of the Shyres to have a severall voice Article craving the Parliament to choose their owne Clerke or to have two of every Estate joyned with the Register and that all acts voiced in Parliament be immediatly subscryved by two of every Estate Article for every Estates choosing of their owne Lords of articles Act discharging proxies Article against the book intituled a large Declaration Commissioners of Shyres to give a roll of freeholders out of which the Justices of peace are to bee chosen Act anent the disorders of the North. Articles craving the Councell to be subalterne and censurable by the Parliament No patent of Nobilitie to be granted to any but such as have Ten thousand markes of yearely Land rent No taxation to be granted but in plain Parliament Act of pacification Article craving particular Commissions of Justiciarie and leiveteinandrie to be discharged Article in favours of Sheriffes and Stewards onely to be obliged to produce horning for the taxation Patent of making powder to be discharged Act discharging remissions for slaughter and theft but upon satisfaction to the partie Act discharging protections Act of common relief Article craving the act 1633. ordaining that confirmations and infeftments of Ward-lands shall not prejudge the Kings Waird to be repealed Act discharging the duetie payed to the Conservatour upon the coale Article craving the ammunition and armes brought in since the beginning of these troubles to be free of custome Article anent the election of the president of the Session and admission of the Judges presented by his Majestie Act craving Statesmen being Noblemen to have but one voyce His Majesties warrant for Master William Hay his deputation in his fathers place opposed by the rest of the Clerkes Vpon the 23. day of March the subsequent answers were presented to his Majestie by our Commissioners to these former propositions viz THe protestation made by some Noblemen that their giving way to the present Thesaurer and privie Seales precedencie should not prejudge them of their right Carries the reason of the protestation in it self Because in Law and practise it is usuall to any who conceive themselves prejudged even in these things where acts of Parliament passes against them To protest multo magis in such a case as this is it lawfull for them to protest That their giving way to that which they conceive hath no Law for it should not prejudge their right which is onely craved prout de Jure The act anent the constitution of the Parliament remitted by the articles to be considered by your Majestie till the next Parliament was questioned and urged that the same might bee brought in open Parliament without any such reference for diverse reasons First because in that act there was a clause craving it might be enacted that there should bee stataria parliamenta once in two or three yeares at least at which clause of the act so soon as it was understood by the proponers and ingivers thereof that your Majestie might conceive the same to derogat from the freedome of your royall power of indicting Parliaments when your Majestie pleased They did passe from that part and clause of the act And albeit it may easily bee demonstrat from the prejudice which your Majesties ancient and native Kingdome susteines through want of your royall and personall presence and their living at so farre a distance from the place of your Majesties residence how requisite it is that there bee frequent Parliaments holden in that Kingdome yet lest the desires of your Majesties subjects might seeme in any wayes to trench upon your authoritie they did passe from that part of their desire and did onely insist that there might bee a right constitution of the Parliament and that an act might be past for rescinding and repealing of such former acts of Parliaments as repugne the acts and conclusions of the Assembly which is conceived to be so absolutelie necessar as there neither can be a valide Parliament without the same nor can the acts and conclusions of the generall Assembly be ratified which to refuse were both contrar to the principall end for which the Parliament was indicted and against your Majesties royall
in the acts of prorogation the consent of the articles although it was done by their advice are contrary to the Liberties of this Kingdome freedome and custome of Parliament and that they be no preparatives practiques nor prejudices in time coming against us or our successours But because we know that the eyes of the world are upon us that Declarations have beene made and published against us and malice is prompted for her obloquies and waiteth on with open mouth to snatch at the smallest shadow of dis-obedience dis-service or dis respect to his Majesties commandements that our proceedings may bee made odious to such as know not the way how these commandements are procured from his Majestie nor how they are made knowne and intimat to us And doe as little consider that wee are not now private subjects but a sitting Parliament what Nationall prejudices we have sustained in time past by mis-information and what is the present case of the Kingdome Wee therefore declare that whatsoever by the example of our predecessours in the like cases of necessitie by his Majesties indiction and by the articles of pacification we might doe lawfully in sitting still and which in this extreame necessity were justifiable not onely before so just a King but to the faces of our adversaries yet out of our most reverent regard and humble desire to render not onely all reall demonstrations of civill obedience but to put farre from us all shew or appearance of what may give his Majestie the least discontent We have resolved for the present onely to make remonstrances to his Majestie of the reasons of our propositions and proceedings in this Parliament and how necessary it is that without delay a speedy course be taken for the preservation of the Kirk and Kingdome from the evills which the enemies of our Religion the Kings honour and of our peace do project and long for And in expectation of his Majesties gracious answer to these our humble Remonstrances that some of each estate having power from the whole body of the Parliament remaine still here at Edinburgh to attend the returne of his Majesties gracious answer to our humble and just demands farther to remonstrat our humble desires to his Majestie upon all occasions That heereby it may be made most manifest against all contradiction that it was never our intention to deny his Majestie any part of that civill and temporall obedience which is due to all Kings from their Subjects and from us to our dread Soveraigne after a speciall manner but meerely to preserve our Religion and the Liberties of the Kingdome without which Religion cannot continue long in safetie And if it shall happen which God forbid that after wee have made our Remonstrances and to the uttermost of our power and duetie used all lawfull means for his Majesties information that our malicious enemies who are not considerable shall by their suggestions and lies prevaile against the informations and generall declarations of a whole Kingdome We take God and men to witnesse that wee are free of the outrages and insolencies that may be committed in the mean time And that it shall bee to us no imputation that we are constrained to take such courses as may best secure the Kirk and Kingdome from the extremity of confusion and misery Which Declaration above written wee the Estates of Parliament require the Clerk to insert in the records thereof and grant extracts thereof under his hand and subscription This is the just copie of the Declaration produced and read in the utter house of Parliament upon the 18 day of December 1639 According where unto the Nobilitie nominated and appointed the Earles of Lothian and Dalhoussie the Lords Yester Balmerinoch Cranstoune and Naper The Barons nominate the Commissioners of the three Lothianes Fyfe and Tweddell The Borrows nominate the Commissioners of Edinburgh Linlithgow Stirling Hadingtoune Dumbar to attend here at Edinburgh the returne of his Majesties gracious answer to their humble Remonstrances Sic subscribitur Alex. Gibsone BEtwixt the prorogation of the Parliament and the sending of our last Commissioners three points are touched in the Declaration One that the Earl of Dumfermling and the Lord Lowdoun were sent with Commission from the Parliament to make their remonstrance to his Majestie but were not admitted to his presence and were commanded to returne because they were not licenced or warranted by the Commissioner and had not acquainted him with their propositions Although it be of verity that the Commissioner had showen to diverse of the members of the Parliament his Majesties own warrant for the coming of some to his Majesties presence which to them seemed more sufficient and of greater authority then any thing they could have from himself and why might not they have some things to propone or to complain of upon the Commissioner to his Majestie which was not sitting to acquaint him with that his Majestie in his fatherly affection which cannot be transmitted to another might judge between him and them It was in his Majesties power to give such answer to their propositions as seemed good in his own royal wisedom but to comand them who had not bin sent without his Majesties warrant to return unheard after so long a journey was more then could have been expected or suspected by a Kingdome conveened in Parliament by his Majesties authoritie The second is that the Earle of Traquair at his coming made a large and exact representation to the Councel of England 〈◊〉 he most considerable matters proponed in Parliament of the largenes of his relation wee doubt not but how exact it was our adversaries can best discover who had taught him before so to say his lesson in publick as might serve most for the ends intended by them especially to animat England against us for which they have set their wits since the treatie of peace to make all means whereof this was a powerfull one to cooperat The third is the judgement of the Lords of his Majesties councel of England to reduce us to our duetie by force rather then to give way to our demands Of which we say no further but that it was the sentence of a Councel and of the Councel of England against a Parliament and the Parliament of another Kingdome That it was pâ—â—â—â—unced upon the hearing of the relation of one man a new creature and but of yesterday against a whole free Kingdome of ancient Nobles Barons and others whose Commissioners two Noblemen were even now barred from hearing and presence and that it was in a matter of warre and peace which might ingage both the Kingdomes then which nothing could be more important for the present generation and for the posterity In Councel is stability but this is found not by precipitation but after many dayes agitation when the matters debated are more then ordinarie and such as it may be fall not to be considered once in many ages To us we confesse it seemed incredible at
Subscribed with their hands At Edinburgh the first day of November 1639. By some of each Estate for themselves and as representing the rest of their number at their command and desires 1. FIrst to shew and declare that our desire anent Religion is That wee may enjoy the same according to Gods word the Confession of Faith and constitutions of the Kirk of Scotland and that all matters Ecclesiasticall shall be determined by the assemblies of the Kirk without incroatching upon the libertie priviledge and government of any other reformed Kirk 2. To shew and declare That wee never had nor have any intention to diminish his Majesties greatnes and authoritie which by the law of God and of this Kingdome and by the descent of 108 Kings wee acknowledge to be due to his Majestie neither did we ever intend to impair or withdraw our selves from civil and temporal obedience to his Majestie but in every thing to carrie our selves as becometh faithfull humble and loyall Subjects whereof we shall be ready to give reall demonstrance and proof when his Majesties service shall require the same 3. To shew how grievous it is to his Subjects That wee heare his Majestie is mis-informed and displeased with any of our proceedings The lawfulnesse and loyaltie whereof we desire ye may clear to his Majestie 4. Ye would give to his Majestie a true information of all our proceedings in the Assembly and Parliament whereof ye have the special acts and reasons for the same and justifie them against al aspersions and objections especially ye would clear they do no wayes trinch upon the Kings authoritie whereof his Majestie seems to be mis-informed 5. Ye would shew the great prejudices of this Kirk and Kingdome by continuall by-gone letts and delayes of the progresse of the Parliament and how much it may contribute to his Majesties honour the Subjects content and for procuring of heartie and chearfull obedience That the affairs of this Kirk and Kingdome may without longer delay be settled especially seeing all the Subjects desires are given in to the Parliament and articles and are such as agree with the articles of pacification without the least wronging of his Majesties authoritie or impairing of the Subjects civill and duetifull obedience 6. Ye would therefore urge after your clearing of all objections made against any of our acts and proceedings That his Majestie may bee graciously pleased to direct his Commissioner to go on in Parliament without further delay to determine all the articles by the advice of the Estates and to the ratifying of the conclusions of the late Assembly and settling all such other things as may conduce to the publick peace and good of this Kingdome according to the articles of pacification and his Majesties Commission under the great Seal 7. For the clearer determining of all questions ye would earnestly desire the production of the laws and records of Parliament the up-keeping whereof is contrarie to all law practique and reason 8. If the King will not condescend to give order to his Commissioner to goe on presently in Parliament for ratifying the acts of the Assembly and for determining and deciding such acts as are given in to the articles then at the least his Majesty may be graciously pleased to enjoyne the Commissioner to prorogate the Parliament in the tearmes contained in the offer made to him which ye have with you 9. And if his Majestie send for the Commissioner ye would try and advertise whom yee think fittest to bee sent from the Estates with the Commissioner to informe the Kings Majestie more fully and to procure his Majesties warrant for their up-coming for better clearing of matters and for his Majesties further satisfaction 10. Ye would be frequent and sure in your advertisements to us how our businesse goeth and what yee conceive will be fittest to be done by us here 11. Ye would remember the many grievous complaints given in to my Lord Commissioner and Lords of articles by these of this Nation who are In-dwellers in Ireland of whom oathes are exacted unwarrantable by the Lawes of the Church of Ireland as also some of this Nation have been pressed in England with the like oathes At Edinburgh 20. Jan. 1640. Instructions from the Commissioners appointed by the Estates of Parliament to make remonstrances to his Majesty of the reasons of the prepositions and proceedings in Parliament and for receiving his Majesties answers and upon the return thereof to remonstrat their humble desires to his Majesty upon all occasions given to the Earle of Dumfermeling Lord Lowdoun Sir William Douglas of Cavers and Master Robert Barclay Provest of Irwing Commissioners direct to his Majesty with the advice of the Noblemen and Commissioners of Shires and Burrows conveined for the time which are added to the former instructions granted to the said Earle of Dumfermeling and Lord Lowdoun by the Estates of Parliament Novemb. 1. 1639. SEeing the Earle of Dumfermling and Lord Lowdoun were den yed accesse to impart to his Majestie the former Instructions given to them by the Estates of Parliament and seeing upon their returne his Mejestie was petitioned to give order for proceeding of the Parliament or if his Majestie should finde it necessary for his further satisfaction to take notice of the reasons of our proceedings from some of our selves that his Majestie would give signification of his Royall pleasure here-anent and grant warrant for such as should be sent And that now his Majesty by his answer to our supplication hath allowed and given warrant that such as we think fit to send may repair to his Majesty to shew the grounds and reasons of our demands Wee have for discharging of our humble duetie according to his Majesties commandement sent you up to impart to his Majesty the former Instructions given to the Earle of Dumfermling and Lord Lowdoun To shew that our proceedings and desires are agreable to the Lawes and practises of the Kingdome and articles of pacification as you were also directed to doe by the former Instructions which when you have cleared lest verball expressions be controverted you shall give in the summe of our demands and crave the answers thereof in writ and what else shall be objected against us or replyed for our justification and that for avoyding contestation about words in time hereafter If you bee called to give answer and account to the English Committee or Councell or any other Judicatorie you would show that you are sent onely to his Majesty and discharged likeas wee doe heereby discharge you to answere to any Committe or Judicatorie who cannot meddle in matters of the Parliament of this Kingdome being independent of any but of God and the King Because wee heare that sinistrous informations and the late relation made by his Majesties Commissioner before the whole Councell of England hath given hard impressions against our proceedings whereof as we cannot but be sensible so you shall crave that his Majesty out of his tender care and
it unlawfull by the Law of God and man to call for help from God and man Is there no help nor assistance by intercession by supply of money c Is all assistance by the sword and by men Is all imploring of assistance an argument of subjection unto the assistant May not friends and equalls assist as well as superiors Shall it be thought that diverse Princes and Estates sued unto for help are all invited to be rulers and governours over one and the same people We love not shrouds nor disguisements we speak the plain truth and feare nothing so much as that truth be not known We never had intention to preferre any forrain power to our native King whom God hath set over us We love not our selves or the English Nation so little as to raise up any wall of partition between them and us The Proclamation at that time as may be seen in our last Remonstrancepag 34. was without example Great forces by sea and land were coming upon us Informations went abroad in other nations to the prejudice of us and our Cause This made us to resolve to write unto the French King apprehending that upon sinister relation his power might be used against us as may be seen in our Instruction printed in our Remonstrance pag. 37. What kind of assistance we called for whether of men or mediation may be best known by the Commentary of our Letter our Instructions which are ready to be seen and are signed also by the Lord Lowdouns hand now in prison and therefore if we should need to say it not falsified without subjection or soveraignitie of either of the Nations Scotland or France Aide and assistance hath been given in former times If we had called at that time or have called now in the return of our troubles upon Denmark Holland Sweden Poland or other Nations for help are we therefore inviting them all to soveraignitie over us And when all is said or done the Letter was but an Embrio for saken in the birth as containing some unfit expressions and not agreeable to our Instructions and therefore slighted by the Subscribers but catched for some great advantage by this treacherous and secret accuser of the Kingdome Another Letter was formed consonant to the Instructions and signed by many hands But neither was this sent from us although some invent or imagine that it was intercepted by the way to France would be but late to avert the danger which was so neere The Letter it self carieth two tokens that is was unperfected one that it wanteth a date another that it beareth no superscription from us Both these are craftily turned against us The blank date hath made our enemies to number this Letter amongst our pretended faults committed after the Parliament where as it is universally known that it was written in May 1639. before our marching to the Border and therefore ought to have been buried in the pacification This is well known to the Commissioner who talked of it before his going to England was occasionally made known to some of quality in his Majesties Camp The want of the superscription hath made them to indorse it Au Roy a title say they used by the subjects of that Kingdome to their own Prince only But we affirme that the Letter was neither sealed folded nor written on the back by us or by our knowledge we hold it but a poore argument ground of accusation against the French or Dutch supplicating or writing to our King if they should say To the King every King being the King in his own Dominions We love not to harp more upon subscribing superscribing or sending of letters to other Princes to the Pope himself from examples of old of late which are not hid from the eyes of the world It is sufficient to us to have justified our selves to show how innocently the Lord Lowdoun suffereth for putting his hand to such a Letter the guiltines or innocencie here not being personall or proper to the Lord Lowdoun but nationall and common to us all And although it had been a fault his alone yet what soever it was it did in time for along time go before his cōmission imployment therfore ought not to have bin challenged till he had returned to his country unclothed himself of his commission turned again to be what he was a privat Nobleman The dignity safety of nations kingdomes Estates Republicks are much interessed in their Cōmissioners Legats whether they be sent from one Prince to another or from a kingdom province or republick to their own Prince Their dignity for what is done to the Legat is interpreted to be done to them that sent him their safety because if Legats be wronged there can be no more composing of differences nor possibility of Reconciliation which is the ground of the Law of Nations whose being consists in their honour and safety and therefore it will have no Legat to be accused during his Legation for any thing committed by him befor it It commands Legats to be free even from the inferiour Law of Reprisall and doeth reckon these to be the excellent effects which it produceth in all places where it is obeyed Religion to God Pietie toward our Countrey propulsation of injurie keeping of faith and that Legats be inviolable And although there were not such a Law of Nations yet his Majesties own roy all and inviolable warrant for the coming of our Commissioners to his presence at this time is enough for their safe conduct and security If they have committed any thing at home against their King Countrey or any particular subject the fundamentall Liberties and indepencie of the Kingdome and the practises of the former times since 1603. not onely in the persons of Noblemen but of others of mean quality doe require that they be tryed and judged at home in a Legall way by the ordinary Judicatories of the Land How many bloody warres and what horrible calamities have ensued upon this transgression of the Law of Nations we leave to be remembred from the Records of history and earnestly intreat for their liberty and safety who are to us as our selves When the wittinesse and malice of our adversaries are vented to the uttermost against all our proceedings since the pacification for things done before on either side ought not to be remembred not that we fear a new try all but because they are unty mous and impertinent By that which we have said and represented the unpartiall and such as are not praepossessed will find that till the peaceable ending of the Assembly and the proroguing of the Parliament not onely the bonds of piety to God loyaltie to our King and zeal to be approved of our neighbours but our desire our care and hope that all should end in a setled peace did oblige and tye us to bear many injuries to construct all so far as was possible to the better
of questions were withholden The Lord Commissioner his usurpation in the chosing of the articles above any thing that ever was done by any Commissioner or any of our Kings themselves before The act of oblivion refused except it had been turned in an act of pardon which his Majestie did not presse but passed by and caused delet in the time of the treatie The act of relief so necessary for the Subjects refused and the matter of Coyne altogether disordered The Parliament prorogat against the laws and continuall custome of this Kingdome and against the articles of the treatie The labouring of division by all means in the time of the sitting of the Parliament whereof some were shameful and unnaturall as is confessed since under the hand of some of the conspiratours upon theremorse of their conscience The Lords of Dumfermling and Lowdoun sent from the Parliament and that upon a warrant shewed by the Lord Commissioner were not honoured with his Majesties presence but commanded to return Scandalous relations of the proceedings of our Parliament made at the Councel table of England and judged there but the benefit of hearing before the Councel denyed to our Commissioners The Committee appointed by our Parliament for necessarie and pertinent ends is quarrelled and an English Committee of some few allowed to sit and judge of our Parliament The answers of our Commissioners taxed as impertinent but no particular reason given to shew that they are such The Covenant allowed by the Assembly and subscribed by the Lord Commissioner disallowed and that which was rejected before esteemed Our Commissioners pressed to give their judgement concerning calling and dissolving Assemblies and the negative voice in Assemblies contrary to the laws of this Kirk and Kingdome otherwise not to be heard Counsellours and officers of Estate discharged their places summarlie and never heard Commandment given to the town of Edinburgh to publish a Proclamation for discharging the Earle of Argyle from executing the office of justiciarie belonging heretablie to him by act of Parliament and to disclaime and disallow a Committee appointed by Parliament Commandment given to the towne of Edinburgh to receive to the Castle Garrisons of strangers over their own heads and to furnish all materials for their own ruine Great violence and outrage done by the Castle of Edinburgh not onely against men and buildings but women and children for many dayes past without any provocation from the towne A terrible commission granted to Northumberland for subduing and destroying us before our Commissioners who were waiting and ready to clear our intentions and actions had a hearing Great preparations by sea and land at home and from abroad against us before it was told us for what fault Our Ships and goods taken and the owners stripped naked and more barbarously used then by Turks and Infidels and we referred by the Governour of Barwick to the Councel of England for satisfaction Letters sent for eight Noblemen to repair to Court to be put it seemeth in the same condition with the Lord of Lowdoun The restraint of our Commissioners and the imprisonment of the Lord Lowdoun against all equitie law and conscience All things devised and done that may make a rupture and irreconcilable warre between the two Kingdomes All means used to disgrace this Kirk and Kingdome Books Pasquils Maskes honouring of our cursed Prelats advancing of our deposed Ministers denying presentation to Kirks c. No other answer given to our Commissioners there or to us here concerning the reasons of our demands whether they satisfie or not but a declaration given out denouncing a warre and armies coming upon us The Parliament of England which was called upon the sentence of the Councel animated by the relation made by the Commissioner that it was fit to use force against us hath not seen just cause of warre or of giving moneyes for war and so to enter in a nationall quarrell and therefore is broken up and yet the expedition ceaseth not By this time it may bee evident how matters stand all being brought to a worse condition then at the beginning nothing done nor granted for the enjoying of our Religion and liberties but all the means which have been used by us not onely before the Assembly and Parliament but even in the Assembly so peaceably ended with the consent of the Commissioner are censured for Rebellion Treason and contempt of authoritie Large profession is made before God and the world of a constant intention that wee shall enjoy our Religon and liberties and more then this we nor do nor did ever desire how then cometh it that wee rest not satisfied since his Majestie is disposed to grant all our desire The fallacie may bee soone seen The Declaration professeth that his Majestie never did hinder us from the enjoying of our Religion c. because his Majestie is still in the opinion at least our enemies would have it to appear that the Service Book the Canons Episcopacie are nothing against our Religion And therefore would grant us a Religion that may consist with them and take them all within the compasse of it In this sense the Lutherans Arminians Papists were they our Superiours would grant us the enjoying of our Religion because they conceive it not to be Religion wherein we differ from them and Politicks please themselves with a few principles of religion what is over those to be but superfluous or indifferent And where it may be opposed that his Majestie grants the enjoying of our Religion and liberties according to our Ecclesiastical and civil laws the same deception doth recurre and can never be removed till determination passe in Assembly and Parliament what are Religion and liberties by our laws This was therefore the summe of our desires from the beginning which his Majestie was also graciously pleased to grant but when the Assembly hath conveened and determined And when it beginneth to appear what the determination of the Parliament is like to be then all is called and counted rebellion Treason and contempt of authoritie in the Assembly and Parliament although proceeding soberly posedly and upon such grounds as were furnished by the lawes of the Kirk and Kingdome This is the round that wee have runne and wee are led back to the point at which we had our beginning A circular course which forteth well with the advise professed in a divisive meeting in the time of the Parliament and since discovered I will never bee an adviser of his Majestie to invade this Kingdome by hostility but to make shows upon our borders that we may be ever in armes our means may be consumed and we inpoverished that so the King at last may obtain his ends which is to turne this work into Penelopes â—ebbe to doe and undoe and thus to labour in vaine But the adviser might have been better acquainted with the Scottish temper of his own countreymen Seeing then that our humble desires of enjoying our Religion and Liberties are
time of the Treatie which were put in the hands of the English and others and which we have remembred before in the own place hath suffered innocently For first it was the mean that brought about the pacification and gave some satisfaction to his Majesties Subjects against certain words and clauses of the Declaration which without that mitigation they would never have been able to digest 2. It did bear nothing contrarie to the articles of pacification but was a mollifying of his Majesties Declaration that it might be the more readie received by the Subject 3. It had been extreame and more then imaginable impudencie to put in the hands of the English Nobilitie a paper professing what was openly spoken a little before in their own hearing that it might be remembred afterward as occasion should serve and yet containing untruths and seditious positions contrary to all that was done for peace 4. When there was great murmuring and many exceptions taken at the words of the Declaration our Commissioners were carefull to remember every lenifying sentence and word which proceeded from his Majesties mouth and the hearers were no lesse carefull to note all with their pens which was by them related every man according as he was able to conceive And thus at first there were relations somewhat different one from another both in word and writ an evil very ordinarie at such times till our Commissioners joyning did bring all to their remembrance that neither more nor lesse might be written then was spoken and what was written might be delivered to some of the English ad futuram rei memoriam One thing it may be hath fallen further contrarie to his Majesties desire that the paper hath come to the knowledge of strangers which wee may aver hath not been done by us and which was impossible for us to avoid for our Commissioners to bring about the desired peace could not in their relations conceal his Majesties favourable expressions and those intended for our own tranquility coming in so many hands at home have possibly been divulged and unnecessarily carried abroad contrary to our intentions and desires This in the simplicity of our hearts we declare to be the plain truth of that which hath been before and is now so much noised And it is very likely that the smoak of the fire and the hand of the hang-man have carried it to the knowledge of many who would never have heard of it by the breaths or hands of others 3. As in gathering our forces our designe was for our own defence for his Majesties honor which would be speedily discerned if the enemies of this Kingdome who are taken for friends to the King were put to the tryal with us in another cause that did touch his Majesties honour So did we within the space of 48 houres the time appointed by his Majesty dissolve our army and upon his Majesties advertisment did also disband that one Regiment spoken of before in our first answers Concerning the Officers we were carefull both to observe that article of the pacification to his Majestie and also to keep promise to them which did binde us not to hold them in militarie pay but to vouchsafe them entertainment till they should be restored to their own or called to other service which ought not to be taken for any breach contempt or disobedience but for an observation of the law of nature and common equitie they being our own natives and having forsaken their places and means for defence of us and their native Countrey Lesse then this neither could they expect nor wee performe although the peace had been most firmly settled 4. All Forts and Castles were speedily restored and more strong and in better condition then before although they be now used for a terrour and for invasion against us the whole Ordinance put in the own place with the ammunition except a few Musquets and a little not considerable quantitie of powder which was spent and yet remitted to compt and reckoning All fortifications did desist Some part of the fortification of Leith was demolished for his Majesties satisfaction and the whole remitted by his Majestie to the town of Edinburgh as having right to the same 5 The nature and necessitie of our meetings was represented to his Majestie at the pacification we had neither keeped any before nor have keeped since but such as are warranted by the acts of Parliament law of nations and by his Majesties own permission for mutuall relief of our burthens which by this threatned invasion grow greater every day wherein nothing is done which either belongeth to the ordinarie judicatours of Councel or Session or which tendeth to the vexation of any of his Majesties Subjects but consultations had for our necessarie defence and such admitted to joyne with us as willingly offer themselves after their straying from us and from the cause which they now acknowledge they ought from the beginning to have maintained with us 6 We remember of no other fortification mentioned in the Treatie to be demolished but that of Leith neither do we understand what is meaned by this sixt accusation having given obedience in the greater wee would not have failed in the lesser to give all content 7. Some of the non-covenanters have not indeed entred in the possession of the houses and lands of his Majesties good Subjects which in the beginning they projected for themselves in the fancies of their heads and earthlines of their hearts yet none to our knowledge have been impeded after the pacification to return to their own houses and to live in peace although their provocations by secret dealing and writing against us and by their dayly boasting and raylings have been many whereof they will then repent themselves as others have done when they shall see their own follies and wanderings as birds from their nests 8. It is manifest by the eight article of this Manifesto that the Kings Majesty is highly wronged in his honour by such perverse instruments as have their hand in works of this kind against his loyall and loving Subjects For where his Majesty at the Camp was graciously pleased upon good reason and at the desire of our Commissioners to command the blotting of a clause out of the Declaration in these words For the Reasons contained in our former Proclamations which how materiall and important it was so many as are acquainted with those Proclamations can easily judge And likowise the Declaration was signed without it by his Majesties hand and now pag. 7. is printed without that clause for there it had been palpable yet in this our accusation this contentious pen hath dared against his Majesties mind to foyst and stuff in these words again that hee may make matters worse then they were at the beginning It would appear that he hath not been wel pleased with the blurring of the first draught and that either the malice of his heart or the conceptions of his brain swey him more then
remembred After the Assembly was conveened and his Majesties Commission read excusing the absence of his Royall person in these words quod quidem gravissimis maximique momentinegotiis reditum nostrum in Angliam urgentibus impediti jam praestare non possumus See pag. 24. and granting as full power to his Commissioner to doe as if his Majesty had been present in person in these words Sicutinos facere potuissemus si in nostra sacratissima persona adessemus secundùm Ecclesiae consuetudinem legesque praedicti antiqui regni nostri And after the Assembly was constitute in all the members some ordinary matters dispatched there were many speaches deliberations in the Assembly for settling the peace of the Kirk in such a way as might both preserve the liberties of the Kirk give hîs Majesty best satisfaction all which ended unanimously in the act following Sess 8. August 17. THe Kings Majestie having graciously declared that it is his Royall will and pleasure that all questions about Religion and matters Ecclesiastical be determined by the Assemblies of the Kirk having also by publick Proclamation indicted this free Nationall Assembly for settling the present distractions of this Kirk and for establishing a perfect peace against such divisions and disorders as have been sore displeasing to his Majesty and grievous to all his good Subjects And now his Majesties Commissioner John Earle of Traquair instructed and authorized with a full Commission being present and sitting in this Assembly now fully conveened and orderly constitute in all the members thereof according to the order of this Kirk having at large declared his Majesties zeale to the reformed Religion and his Royall care and tender affection to this Kirk where his Majestie had both his birth and Baptisme his great displeasure at the manifold distractions and divisions of this Kirk and Kingdome and his desires to have all our wounds perfectly cured with a fair and fatherly hand And although in the way approved by this Kirk tryall hath been taken in former Assemblies before from the Kirk Registers to our full satisfaction yet the Commissioners Grace making particular inquyrie from the members of the Assembly now solemnely conveened concerning the true and reall causes of so many and great evills as this time past had so sore troubled the peace of this Kirk and Kingdome It was represented to his Majesties Commissioner by this Assembly that beside many other The maine and most materiall causes were First the pressing of this Kirk by Prelats with a Service booke or booke of Common prayer without direction or warrant from the Kirk and containing beside the Popish frame thereof diverse Popish errors and ceremonies and the seeds of manifold grosse superstitions and idolatry with a book of Canons without warrant or direction from the Generall Assembly establishing a tyrannicall power over the Kirk in the person of Bishops and over-throwing the whole discipline and governement of the Kirk by Assemblies With a book of consecration and ordination without warrant of authoritie Civill or Ecclesiasticall appointing offices in the house of God which are not warranted by the word of God and repugnant to the discipline and acts of our Kirk and with the high Commission erected without the consent of this Kirk subverting the Jurisdiction and ordinary Judicatories of this Kirk and giving to persons meerely Ecclesiasticall the power of both swords and to persons meerely Civill the power of the keyes and Kirk censures A second cause was the articles of Perth viz. the observation of Festivall dayes kneeling at the Communion confirmation administration of the Sacraments in private places which were brought in by a null Assembly and are contrary to the Confession of Faith as it was meant and subscribed anno 1580. and diverse times since and to the order and constitution of this Kirk Thirdly the change of the governement of the Kirk from the Assemblies of the Kirk to the persons of some Kirk-men usurping prioritie and power over their brethren by the way and under the name of Episcopall governement against the Confession of Faith 1580. against the order set down in the booke of Policie and against the intention and constitution of this Kirk from the beginning Fourthly the civill places and power of Kirkmen their sitting in Session Councell and Exchequer their ryding sitting and voycing in Parliament and their sitting on the bench as Justices of Peace which according to the constitutions of this Kirk are incompatible with their spirituall function lift them up above their brethren in worldly pompe and do tend to the hinderance of the Ministery Fifthly the keeping and authorizing corrupt Assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Androes 1617. At Perth 1618. which are null and unlawfull as being called and constitute quite contrair to the order and constitution of this Kirk received and practised ever since the Reformation of Religion and withal labouring to introduce novations into this Kirk against the order and Religion established A sixt cause is the want of lawfull and free Assemblies rightly constitute of Pastours Doctors and Elders yeerely or oftener prorenata according to the libertie of this Kirk expressed in the booke of Policie and acknowledged in the act of Parliament 1592. After which the whole assembly in one heart and voice did declare that these and such other proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdome made anno 1580 have been indeed the true and maine causes of all our evils and distractions And therefore ordaine according to the constitutions of the generall assemblies of this Kirk and upon the grounds respectivê above-specified That the foresaid service-booke bookes of Canons and Ordination and the high Commission be still rejected That the articles of Perth bee no more practised That Episcopall governement and the civill places and power of Kirk-men be holden still as unlawfull in this Kirk That the above-named pretended assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Andrewes 1617. At Perth 1618. bee heereafter accompted as null and of none effect And that for preservation of Religion and preventing all such evils in time coming Generall assemblies rightly constitute as the proper and competent Judge of all matters Ecclesiasticall heereafter be keeped yearly and oftener prorenata as occasion and necessitie shall require The necessitie of the occasionall Assemblies being first remonstrate to his Majestie by humble Supplication As also that Kirk Sessions Presbyteries and Synodall Assemblies be constitute and observed according to the order of this Kirk After the voicing of this Act his Majesties Commissioner consented verbally to the said Act and promised to give in to the Clerk in writ the declaration of his consent and that he should ratifie this Act in the ensuing Parliament This act was accompanied with the testimony of two witnesses Master George Grahame and Master Alexander Lindsay the one deponing in the same Session the
other in the next and ninth Session by their writs given in to the assembly that they had deep sorrow for exercing the office of Episcopacie in the Diocesse of Orknay and Dunkeld against the word of God the confession of faith and constitutions of this Kirk for which they earnestly called for mercy from God and that they renounced that office in all time coming as is expressed at large in their poenitentiall bills put upon record in the books of the assembly From this assembly there were two Supplications directed one to his Majesties Commissioner against a book called A Large Declaration concerning the late tumults in SCOTLAND After it was examined by the appointment of the assembly and found to be dishonorable to God and his true Religion to this Kirk and Kingdome and diverse eminent persons in the Kirk and Kingdome and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions All which tend after a speciall manner to the dishonour of the Kings Majesty our dread Soveraigne and of his Majesties high Commissioner the Marques of Hammiltoun upon whom it is unjustly fathered as is contained at length and particularly in the censure of the book registrat in the records of the assembly which were long here to put in print and therefore we have only insert the Supplication The Supplication of the Generall Assembly to his Majesties Commissioner against a book called A large Declaration WEE the Members of this present Assembly for our selves and in name of the severall Presbyteries Burghes and Universities for which we are Commissioners Resenting the great dishonour done to God our King this Kirk whole Kingdome by the book called a large Declaration have heere represented the same to your Grace and have collected some amongst many of its absurd and grosse passages That from the consideration thereof your Grace perceiving the intollerable evills foresaids contained therein may be pleased to represent the same to our gracious Soveraigne and in our behalse humbly to beseech his Majestie so much wronged by the many foull and false relations suggested and perswaded to him as trueths and by stealing the protection of his Royall name and authoritie to the patrocinie of such a book To be pleased first to call in the said book and thereby to shew his dislike thereof Next to give commission and warrant to cite all such parties as are either knowne or suspect to have had hand in it and to appoint such as his Majestie knowes to bee either authors informers or any wayes accessarie being Natives of this Kingdome To be sent hither to abyde their tryall and censure before the Judge ordinary And in speciall Master Walter Balcanquell now Deane of Durhame who is knowne and hath professed to bee the author at least avower and maintainer of a great part thereof That by their exemplar punishment others may bee deterred from such dangerous courses as in such a way to raise sedition betwixt the King and his Subjects Gods honour may be vindicate from so high contempt his Majesties Justice may appeare not onely in censuring such malefactours but in discouraging all such under-myners of his Throne his loyall and loving Subjects shall be infinitely contented to bee cleared before the world of so false and unjust imputations and will live hereafter in the greater security when so dangerous a course of sedition is prevented And so will have the greater and greater cause to pray for his Majesties long and prosperous reigne The Supplication was received by his Majesties Commissioner and read in Councell and promise was given to impart the same to his Majesty and to return his Majesties answer Another Supplication was directed from the assembly to his Majesties Commissioner and the Lords of Secret Councell concerning the subseriving of the Covenant which together with the acts of Councell and assembly ordaining the same to be universally subscribed and with the Lord Commissioners particular declarations touching the act August 17. and touching the subscribing of the Covenant we have now from the Registers of the Kirk put in print that all men knowing our proceedings may have their scruples removed and may with equall judgment consider how far we are wronged The Supplication of the Generall Assembly to his Majesties Commissioner and Lords of Secret Councell WEE the Generall Assembly considering with all humble and thankfull acknowledgement the many recent favours bestowed upon us by his Majestie and that there resteth nothing for crowning of his Majesties incomparable goodnesse towards us but that all the members of this Church and Kingdome be joyned in one and the same Confession and Covenant with God with the Kings Majestie and amongst our selves and conceiving the maine lett and impediment of this so good a worke and so much wished by all to have been the informations made to his Majestie of our intentions to shake off civill and duetifull obedience due to Soveraignity and to diminish the Kings greatnesse and authoritie and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an union and for clearing of our loyaltie We in our own names and in name of all the rest of the Subjects and Congregations whom we represent do now in all humilitie remonstrat to your Grace his Majesties Commissioner and to the Lords of his Majesties most honourable privie Councell and declares before God and the World that wee never had not have any thought of with-drawing ourselves from that humble and duetifull subjection and obedience to his Majestie to his government which by the descent and under the reigne of 107. Kings is most chearfully acknowledged by us and our Predecessours And that wee never had nor have any intention or desire to attempt any thing that may tend to the dishonour of God or the diminution of the Kings greatnes and authoritie But on the contrair acknowledging our quietnes stabilitie and happinesse to depend upon the safetie of the Kings Majesties person and maintenance of his greatnes and Royall authoritie as Gods Vice-gerent set over us for the maintenance of Religion and ministration of Justice Wee have solemnely sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion and to the uttermost of our power with our meanes and lifes to stand to the defence of our dread Soveraigne his person and authority in the preservation and defence of the said true Religion Liberties and Lawes of this Church and Kingdome But also in every cause which may concerne his Majesties honour shall according to the Lawes of this Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in armes as wee shall be requyred of his Majestie his Councell or any having his authority and therefore being most desirous to clear our selves of all imputations of this kind and following the laudable example 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
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
Par. 4. cap. 21. Par. 6. cap. 46. Par. 7. cap. 50. Par. 8. cap. 64. Par. 13. cap. 93. Item K. Ja. 4. Par. 1. cap. 2. Par. 2. cap. 17. Par. 5. cap. 55. Item K Ja. 5. Par. 7. cap. 99. Item K. Ja. 6. Par. 1. cap. 17. Item in the unprinted acts of K. Ja. 6. Par. 5. anno 1578. Par. 7. cap. 106. Par. 8. amongst unprinted acts an 1584. Item in his 13. Par. an 1593. amongst the unprinted acts And such like in printed acts of his Par. 15. cap. 249. Par. 16. c. 9. And in the Parliament an 1633 holden by your Majesties self There is commission given in Parliament to the secret Councel and other Commissioners anent the frequent course of Dollars and base copper money by reading of which acts It is most manifest That the fynnesse weight and price of money hath been ruled and determined by your Majesties predecessours and your Majesties self with advice of Parliament neither is it meaned nor intended that your Majesties royall priviledge which hath beene and is due to your Majestie and your royall antecessours shall thereby in any fort be trinched upon nor impared The reason of that article whereby it is humbly craved that the castles of Edinburgh Dumbartan and Striviling may be intrusted onely to Natives and these to be chosen by advice of Parliament of such faithfull and honest men as do tender your Majesties honour and the safetie of the Kingdome may be seene not onely from the nature and importance of the charge but likewise from the former practise of your Majesties royall predecessours who did dispose of these castles with the speciall advice and counsell of their Parliament as is recorded in the old Registers of the Parliament 1368. Likeas fol. 83. of the old acts K. Ja. 4. It is concluded by advice and deliverance of the three Estates That Patrick Lord Haills be keeper of the castle of Edinburgh and artilerie of the same c. Item fol. 21. cap. 35. K. Ja. 6. in the old acts The three Estates ordaines the castle of Dumbar and fort of Inchkeith to be demolished and destroyed that no foundation remain thereof Likeas by diverse unprinted acts as in anno 1578. and 1585. and 1606. Your Majesties houses hath beene disposed of with advice of Parliament And not onely nationall statutes but the common law of nature and Nations do forbid the receiving of strangers to bee keepers of the strengths of a free Kingdome And when the Parliament of Scotland 1604. gave commission anent the Union with England with exception of reserving of free Monarchie and the fundamentall laws liberties and priviledges of that Kingdome Your Majesties father in his printed speech to the Parliament of England 1607 when he interprets that clause of fundamental laws declares that hee could not make Scotland a naked Province without libertie and set Garisons over it as the Spaniards do over Cicilie and Naples or govern them by Commissioners So that his Majestie in his owne interpretation doth acknowledge that the putting in of Garisons especially of strangers as of English men in the Forts and Castles of Scotland as the King of Spain puts in Cicilie and Naples or as the King of England puts English in the Forts of Ireland is a breaking of the fundamentall laws and liberties of Scotland and the using of it like a naked conquest Province like unto Cicilie Naples or Ireland And as your Majesties Subjects gave an undoubted proofe how tender their mindes are in the point of obedience to your Majesties commandements not onely in delivering of the Castles to be disposed of at your Majesties pleasure without any assurance other then their confidence in your Majesties goodnesse and justice so have they of late given a verie submisse and rare testimonie of their obedience in the humble reception of these strangers and ammunition which your Majestie was pleased to send to the Castle of Edinburgh where the honours of the Crown and Kingdome and registers are keept preferring their obedience to your Majesties cōmandment to their own safety even at this time when their ears are filled with rumors of hostill preparation against them All which makes them and us in their names humbly to supplicat and expect that your Majestie will bee graciously pleased by recalling of that Garison to free your loyall subjects of these feares and dangers who will ever be ready to hazard their lives and fortunes to do your Majestie service Neither doe they in the act which is given in to the articles arrogat or assume power by themselves to appoint keepers for your Majesties Castles but do humbly crave that your Majestie may out of your goodnesse be graciously pleased to declare for further satisfaction of your Subjects that the Captains and Commanders of your Majesties Castles may bee chosen by advice of the Estates of Parliament And that such as shall happen to be placed betwixt Parliaments may beetryed and found by your Majesties Councell to be men of such qualitie as are fit and able to undergo that charge which in the judgement of the Parliament derogats nothing from your Majesties royall power As for reasons of the act anent the judicatorie of the Exchequer we have set down some few of the many reasōs which do sufficiētly prove the equity justnes therof 1 The Session and Exchecquer are distinct judicatories and not subordinat one to another and cannot be coincident in the same object And therefore seeing the question of right and nullitie of rights is competent to be decyded by the Lords of Session by way of action or exception it is altogether incompetent to be discussed by the Lords of Exchecquer 2 The Lords of Exchecquer are incompetent judges in a declaratour of nullitie by way of action and consequently cannot annull any right by way of exception which is a more summar way And it were absurd in law seeing the subject and question is one whether proponed by way of exception or action that incompetent judges of the action they should have a more absolute and summar jurisdiction by way of exception 3 It appears by an act of Parliament not printed 1593 intituled Commission to the Exchecquer anent decyding suspensions in the Kings cause that before the said act the Exchecquer had not power to decyde in suspensions while it was given them by the Parliament farre lesse then can it be thought that they ever had or can have power to decyde in the point of heretable rights Neither doth the late act 1633 authorize the Exchecquer to decyde therein expresly And if it bee truely considered some generall words contained therein intermixt with the particular cases therein exprest should not nor cannot be extended to so high a point as the disputing and decyding of the Subjects their heretable rights Likeas at the making of the said late act the Lords of Session having heard some surmize that your Majesties Advocat was giving in such an act seven or eight of them
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
of that article or act craving the Councell to be subalterne and censurable by the Parliament Is from the warrant of former Lawes cited in the act it self wherein there is no more craved but that the former acts of Parliament against leasing makers and makers of division betwixt the King and his Subjects may bee revived And that the Councell and Session may bee comptable to your Majestie and the Parliament for any injustice shall happen to bee committed by them Where it is alledged there was one article That no taxation should bee granted but in plaine Parliament we remember of no such article or motion proponed As concerning the act of pacification The warrant and ground thereof flowes from the humble petitions and remonstrances of your Majesties Subjects wherein they did cleare their loyaltie and made offer of their civill and duetifull obedience to your Majestie And which by their humble supplication to your Majesties Commissioner and Lords of Councell and to the Estates of Parliament insert and registrat in the records thereof They have againe solemnely renewed And from your Majesties favour in condescending to the articles of pacification wherein your Majesty was graciously pleased That an act of pacification or oblivion should be past And in the narrative of the Act it selfe there is one humble and thankfull acknowledgement of your Majesties goodnes and Justice and is drawne up in such termes as was conceived might best expresse your Majesties fatherly care and goodnesse toward your ancient and native Kingdome without wronging the true and loyall meaning and intention of your Majesties Subjects And as for the body and legall part of the act the same was after much debating framed with advyce of Lawyers and consented unto by the parties chiefly interessed As to that article anent particular commissions of Justiciarie and Lievtennandrie all which was intended or desired thereby was That the abuses of these commissions might be in all humilitie represented to your Majestie by your Commissioner And that your Majestie might be graciously pleased to grant the like commissions onely upon weightie and necessar causes and to endure onely during the time of necessitie and the ingivers of the act was content to have it reformed that way As concerning that act given in for sheriffes and stewards craving that they might only be oblidged to produce hornings for the taxation It is not a new desire but that which hath been craved by them in diverse former Parliaments And they think that production of horning against the persons lyable in payment should bee an exoneration to them because they alledge they want many of the casualities and benefices which Sheriffes had of old by vertue of their office As concerning the proposition which was made anent the patent for making of powder All that wee remember was craved by the in-givers of that article was that in respect the Earle of Linlithgowes patent was voyde by a clause irritant in his patent whereby he was oblidged to keep the Works going and which are now decayed and the Countrey frustrate of the benefit and profit which might have accressed to them through that commoditie That therefore it might be allowed to any who were most fit and able to undergo the worke to make powder As concerning the act given in for discharge of remissions for murther slaughter theft but upon satisfaction to the partie All that was intended or craved thereby was onely That the heavie prejudices redounding to the Countrey by remissions purchased upon misinformation might be by supplication presented to your Majesties consideration That by your Majesties goodnesse and justice the like inconveniences in time coming may be prevented As for that act craving discharge of protections there was nothing craved thereby but the reviving of two former acts of Parliament viz the 47. act Parl. 11. and 13. act of the 23. Parl. K. Ja. 6. without any derogation to your Majesties power or authoritie which was done with the Commissioners consent Likeas it was recommended to him to represent the same to your Majestie with the reasons thereof The reason of the act of common reliefe is Because as the blessings of Religion and peace which from your Majesties happy governement and fatherly affection to your Majesties ancient and native Kingdome especially at this troublesome time are common benefites whereof every good subject ought to be sensible So is it agreeable with reason and justice that according to their interest every one may contribute a proportionall part of the charges which hath been spent for so good ends and the ordinar cause for which taxations are granted are ad relevationem imperii ob conservationem libertatis ac dignitatis ac religionis vel ob utilitatem communem subditorum wherefrom albeit some be averse yet the consent and voices of the most part should oblige for these ends whereunto your Majesties consent and royall authoritie is humbly craved to be added that the same may flow from your Majesties goodnesse and Justice and have execution to inferre payment thereof seeing the whole Commissioners of Shyres and Burrowes and the whole Nobilitie very few excepted are content freely and willingly to make offer of their proportionall part thereof As for that article craving the act 1633. ordaining that confirmations and infeftments of Waird lands shall not prejudge the Kings Waird to bee repealed There was no dispute nor conclusion made there-anent in articles neither as we remember was it craved by that article that the act 1633. bee repealed simply but that the meaning of that act may be explained and interpreted As for the article or act anent the duetic payed to the conservatour upon coale The same is craved to bee discharged by the coal-masters because it was an unlawfull exaction which he had no warrant to exact by his gift which was instructed in articles by production of his gift whereupon the act was past in articles The desire craving ammunition and armes brought in to be custome-free is warranted in Law in so farre as the commodities either expected or imported for the particular use of Noblemen Barons and Free-holders which are for their owne use and not to be sold againe are by act of Parliament declared to be custome-free As concerning the article anent the election of the President of the Session and admission of the Judges presented by his Majesty There was no new thing craved thereby but the ratifying and approving of the 39. act Par. 6. K. Ja. 6. 1579. And that allanerly in so farre as concernes the freedome of election to be made by the Senatours of the Colledge of Justice of the president thereof without any other clause of the said act Neither doth the act given in beare any thing concerning the admission of any other Judges presented by your Majestie As for that article anent Statesmen being Noblemen to have but one voice we remember nothing of any such question As to the last proposition Concerning the opposition made by the rest of
in them c. If their answers did give the reasons of the demands in Parliament as it may appear by their proceedings they did in so many of them as were controverted for other demands there was no just exception against them as is acknowledged Declaration Pag. 45. 47. they were not impertinent but satisfactorie although they did not satisfie our adversaries who were determined to receive no satisfaction but in the overthrow either of our Religion and Liberties or of our selves It could not in reason be expected that three or foure Commissioners should hold a Parliament there with a Committee and leave nothing to a Parliament here but an approbation of their doing This hath more in it then can be told in few words It had been good before the Councel of England had given their opinion which we beleeve was not their sentence that they had called to their remembrance that our Commissioners were sent not to give judgement but to give the reasons of our demands and that they behoved to keep themselves within the compasse of their instructions that in the time of the peace making his Majestie thought it not meet to insist in the three Querees of calling and dissolving Assemblies and of a negative voice as may be seene before in the first part of this answer pag. 13. And that his Majestie did graciously acknowledge that all matters Ecclesiasticall whereof this being understood of the Assemblies of the Kirk is one ought to be determined in the Assemblies of the Kirk according as it is determined in the late generall Assembly act August 17. of prorogating or dissolving of Parliaments and other assemblies our declaration speaketh pag. 55. What other supreame powers in the Christian world may do by their different laws constitutions and customes were long and laborous to enquire but wee shall strive to keep our own without wronging any other Kingdome either by our sentence or opinion especially in times of danger Before we come to the third part of the Declaration we meet with the answer of three objections which are supposed to be made upon our part The first is pag. 47. that his Majestie promised unto us a free Parliament and we adde that a speciall promise was made of the ratification of the acts of the Assembly in Parliament and of settling other such things as may conduce to the good and peace of the Kingdome Like as we were oblidged both by the nature of the thing it self and our promise To seek nothing but to enjoy our Religion and liberties according to the Ecclesiasticall and civil laws of the Kirk and Kingdome and not to diminish his Majesties greatnesse and authority But when the Parliament is conveened the acts of the Assembly are refused to be ratified in so far that his Majesties Commissioner refuseth to repeall and rescind such acts of Parliament as are inconsistent with the ratification of the acts of the Kirk although it cannot upon any shadow of reason be denyed that the Parliaments power and freedome consisteth in this to make and unmake laws as in their prudence shall seem convenient Other articles which were proponed as they were conceived to be for the peace and good of the Kingdome so neither in the intention of the proponers nor in their own nature and condition did they touch or trench upon his Majesties Glorie Crowne Sceptre or Power as is before made manifest they all tending either to the sensible good of the Subject or to the reforming of such abuses as do obscure his Majesties justice and goodnesse and being granted would conciliat love reverence and cheerfull obedience to his Majesties government The second objection supposed to be made by us Declaration pag. 48. is from his Majesties allowing of the Covenant and commanding of the Lord Marquesse of Hammiltoun the former high Commissioner and other his Majesties Subjects to subscribe it and from the Earle of Traquair his Majesties high Commissioner his subscription or allowance of the subscribing of the Covenant It was never in our mindes to make use of the first our reasons are extant in print against it as subtilie disappointing and destructive of our intended reformation against the late novations and against Episcopacie it self the waggoner which had brought them in and when it was subscribed by some few it was done with this expresse Declaration That they subscribe it in no other sense but that which it had in the yeare 1580 when it was at first subscribed which is found by the Assemblies of the Kirk contrarie to the Lord Marquesse his meaning quite repugnant to Episcopacie and all the attendants thereof in Kirk and State wee indeed acknowledged it to be the same in substance with that which we have subscribed of late but that by our adversaries who ever set themselves against our explanation and application thereof to the late corruptions and innovations was not acknowledged till the Assembly at Edinburgh and by some of them is still denyed what is pertinent for the clearing this question was so fully written at that time that nothing needeth now to be added Concerning the Earle of Traquair it is alleadged Declaration pag. 50. that we have no warrant for our actions for rebellious courses and treacherous combinations no man can have warrant and we detest and disclaime them from his subscription of the Covenant First because it is evinced by the petition of the Generall Assembly for subscribing of the Covenant that our subscription before this time was neither laudable nor warrantable where wee intreat the reader whosoever to make some pause and compare the words of the Supplication of the Assembly with the words of the Declaration The words of the supplication as it was presented before the Councel table standeth registrat in the books of Assembly and Councell is prefixed to many subscribed copies of the Covenant even that which was subscribed by the Commissioner and Councel and is printed supra pag. 40. ANd following the laudable example of our predecessours 1589 do most humbly supplicat your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell to injoyne by act of Councell that the Confession and Covenant which as a restimony of our fidelitie to God and loyaltie to our King wee have subscribed may be subscribed by all his Majesties Subjects The words of the Supplication as they are cited in this Declaration pag. 50. NOw following the laudable example of their predecessours they doe humbly supplicate for the same and that they may be allowed and warranted to subscribe it The cogging and cosenage is so grosse that we are forced to turn our answers in this point obvious to every ey into a complaint that any of whatsoever quality shall be suffered after this foul and falsifying way to wrong the Kings honour and the Kingdomes peace in so high a matter as is a Covenant Next our actions are said to be unwarranted because this Covenant by that which is prefixed to the