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
secondly desire that his Majestie would be pleased to declare and assure That it is his Royall will that all matters Ecclesiasticall be determined by the Assemblies of the Kirk and matters civill by the Parliament and other inferiour Judicatories established by Law because wee know no other way for preservation of our Religion and Lawes and because matters so different in their nature ought to be treated respectivê in their own proper Judicatories It was also desired that Parliaments might be holden at set times as once in two or three yeares by reason of his Majesties personall absence which hindereth the Subjects in their complaints and grievances to have immediat accesse unto his Majesties presence And where his Majestie requires us to limite our desires to the injoying of our Religion and Liberties according to the Ecclesiasticall and civill Lawes respectivè Wee are heartily content to have the occasion to declare That we never intended further then the enjoying of our Religion and Liberties And that all this time past it was farre from our thoughts and desires to diminish the Royall authoritie of our native King and dread Soveraigne or to make any invasion upon the Kingdome of England which are the calumnies forged and spread against us by the malice of our adversaries and for which wee humbly desire That in his Majesties justice they may have their own censure and punishment Thirdly we desired a blessed pacification and did expresse the most readie and powerfull meanes which we could conceive for bringing the same speedily to passe leaving other meanes serving for that end to his Majesties Royall consideration and great wisedome Before his Majestie gave an answer to our above written desires Three Querees were read out of a paper by his Majesty to our Commissioners Vnto which they gave a present answer by word and at his Majesties instance prepared their answers to be exhibite in writ but they were not called for THE QUEREES 1. WHether we acknowledge the Kings Majestie to have the sole indiction of Assemblies 2. Whether his Majesty hath a negative voyce in Assemblies 3. Whether his Majestie hath the power of raising Assemblies ANSWERS 1. THat it is proper for the Generall Assemblie it selfe to determine questions of this kind and it were usurpation in us which might bring upon us the just censure of the Generall Assemblie to give out a determination 2. The answering of one of those three demands is the answering of all for if the sole indiction belong to his Majestie there needeth no question about the negative voice and dissolving of Assemblies Next if his Majestie hath a negative voice there needeth no question anent the indiction and dissolving and if his Majestie may discharge the Assemblie there needes no question about the other two For our parts we humbly acknowledge that the Kings Majestie hath power to indict the Assemblies of the Kirk and when in his wisedome he thinkes convenient he may use his authoritie in conveening Assemblies of all sorts whether generall or particular Wee acknowledge also that the solemne and publick indiction by way of Proclamation and compulsion belongeth properly to the Magistrate and can neither bee given to the Pope nor to any forraigne power nor can it without usurpation bee claymed by any of his Majesties subjects But wee will never thinke that his Majestie meaneth that in the case of extream or urgent necessitie the Kirk may not by her self conveene continue and give out her own constitutions for the preservation of Religion 1. Because God hath given power to the Kirk to conveene The Sonne of God hath promised his assistance to them being conveened and the Christian Kirk hath in all ages used this as the ordinary and necessary meane for uniforme establishing of Religion and Pietie and for removing of the evills of heresie scandals others of that kind which must be and would bring the Kirk to be no more if by this powerfull remedie they were not cured and prevented 2. According to this divine right the Kirk of Scotland hath keeped her Generall Assemblies with a blessing from Heaven for while our Assemblies continued in strength the doctrine worship and discipline the unitie and peace of the Kirk continued in vigour Pietie and Learning were advanced and profanitie and idlenesse censured 3. The Kirk of Scotland hath declared that all Ecclesiasticall Assemblies have power to conveene lawfully together for treating of things concerning the Kirk and pertaining to their charge and to appoint times and places to that effect 4. The libertie of this Kirk for holding Assemblies is also acknowledged by Parliament and ratified by acts thereof which is manifest by the act of Parliament holden in anno 1592. and that upon the ground of perpetuall reason 5. Because there is no ground either by act of Assembly or Parliament or any preceeding practise whether in the Christian Kirk of old or in our Kirk since the reformation whereby the Kings Majestie may dissolve the Generall assembly or assume unto himselfe a negative voyce but upon the contrary his Majesties prerogative is declared by act of Parliament to be nowayes prejudiciall to the priviledges and Liberties which God hath granted to the spirituall office-bearers of his Kirk which are most frequently ratified in Parliament and especially in the Parliament last holden by his Majestie 6. By this meane the whole frame of Religion and Kirk Jurisdiction shall depend absolutely upon the pleasure of the Prince whereas his Majestie hath declared by publick Proclamation in England that the Jurisdiction of Kirk men in their meetings and courts holden by them doeth not flow from his Majesties authoritie notwithstanding any act of Parliament which hath been made to the contrary but from themselves and their own power and that they hold their courts and meetings is their own name After much agitation and many consultations his Majesties Declaration touching the intended pacification was read to our Commissioners who upon their dislike and exceptions taken both at matter and expressions as contrary to our minds and prejudiciall to our cause did humbly remonstrat that the Declaration as it was conceived could not give satisfaction to us from whom they were sent His Majesty was graciously pleased to command some words to be deleted other words to be changed and many parts thereof were by verball promises and interpretation from his Majesties own mouth mitigated which in our estimation were equall to that which was written some of the Counsellours of England assuring our Commissioners that what was spoken and promised before men of honour and in the face of two Armies was no lesse certain and would no doubt be as really performed as if it had been written in capitall Letters which therefore were diligently observed carefully remembred and punctually related by our Commissioners at their delivering of his Majesties Declaration to us And without which wee nor could nor would have condescended and consented to the articles of the Declaration more then we could or
Subjects and the lawfulnesse of the proceedings of the Parliament we shall thereafter lest verball expressions be controverted be most willing and desirous according to your Majesties commandments To receive what ever exceptions objections or informations are made against any of the particular overtures articles and proceedings of the Parliament in writ and in the same way shall present our answers and humble desires And doe humbly crave your Majesties gracious Answer Vpon the 26. day of Febr The Earle of Traquair did shew our Commissioners that it was his Majesties pleasure that they should subscribe the two former petitions given in by them to his Majestie and that they keep that same way thereafter in all petitions or writs shall bee by them presented to his Majestie which accordingly they did And they required the Earle of Traquair to write and subscribe any direction or commandment he carried from the King to them which he did Vpon the 2. of March The Earle of Traquair did signifie to them under his hand that it was his Majesties pleasure that they should attend at the Councell chamber the next day thereafter at two of the clock in the afternoone such of the Lords of the Councell as his Majesty had appointed for that effect And our Commissioners understanding that the King was going to Hampton-cour and that the hearing he appointed for them was onely before these of his Majesties Committe or Joyntos And being enjoyned by their instructions not to answer nor acknowledge the Committee nor no other Judicatorie desired the Marques of Hammiltoun to shew his Majestie that they would decline to propone their Desires and reasons of their Demands or make answer either to the Committee or any other whatsoever except to the King their Master to whom they were sent which being made knowne to his Majestie He was graciouslie pleased to delay his going to Hampton till the afternoone and did heare our Commissioners himself In whose Royall presence and audience His Majestie having his Committee with him our Commissioners did cleare us and our proceedings from these unjust aspersions layd upon us did show what high estimation we had of Soveraignitie and our constant resolution to stand to the defence of our Religion and that our Desires both in matter and manner are no other but what we did humbly crave in our former Petitions and are necessar for establishing Religion and the good and peace of the Kingdome and are agreeable to the fundamentall Lawes and laudable practises thereof and to the articles of Pacification without wronging the Kirk or State or any wayes trinching upon his Majesties Princely Power and Royall Authoritie And did therefore crave that his Majestie would be graciouslie pleased to command the Parliament to proceed and determine for ratifying the conclusions of the Assembly and enact such other Statutes as are necessar for establishing Religion and settling the peace of the Kingdome As their speach then spoken and thereafter given in in writ doth import as followeth SIR as wee did show in that humble Remonstrance which wee gave your Majestie in writ That no earthly thing could bee more grievous to your Majesties Subjects conveened by your Royall Authoritie in the Parliament of Scotland then that their loyaltie should be called in question or that any such hard impression should be given against their proceedings as might derogate from that high estimation which they have of Soveraignitie and the tender respect they carry to your Majesties inviolable authoritie So doe wee now acknowledge your Majesties goodnes and justice in keeping one eare for us against all suggestions and obloquies till the reasons of our proceedings and demands were made knowne from our selves and that your Majestie is graciously pleased to grant us this favour of a full and publick hearing But because the Parliament of that your Majesties ancient and native Kingdome is independent and not comptable to any other Judicatorie Wee hope your Majestie will pardon and allow us to declyne to speake or answere before any of your Majesties Councells or other Judicatories whatsoever as these who have any power to judge of the Lawes actions or proceedings of the Parliament of that Kingdome As wee acknowledge your Majesties favour in allowing us to tender the liberties and freedome of your Majesties ancient and native Kingdome So are wee glad before all the world to cleare the loyaltie and lawfulnes of their proceedings and doe congratulate that your Majestie hath indicted a Parliament heere who wee hope will advert to the good of Religion your Majesties honour and peace of your Dominions albeit they be not Judges to determine of our actions which when they shall be knowne to your Majestie not upon report but upon true tryall wee are most confident will merit approbation at the Throne of your Majesties Justice But because wee heare that your Majesties good Subjects are traduced as having intention to diminish your Majesties authoritie and shake off that civill and duetifull obedience due to Soveraignitie Therefore before we descend to the particular actions and articles of the Parliament for vindicating us from so grievous and foull an imputation wee doe in our own name and in name of the Parliament who sent us Declare before GOD and the world that we never had nor have any thought of with-drawing our selves from that humble and duetifull subjection and obedience to your Majestie and your government which by the descent and raigne of so many Kings is due to your Majestie And never had nor have any intention or desire to attempt any thing that may tend to the diminution of your Majesties Princely power But on the contrare acknowledge our quietnes stabilitie and happines to depend upon the safetie of your Majesties Person and maintenance of your greatnes and Royall authoritie as Gods Vicegerent set over us for maintenance of Religion and administration of Justice And have solemnely sworne not onely to stand to the defence of your Majesties Person and authoritie in the preservation and defence of Religion Liberties and Lawes of the Church and Kingdome But also in every cause which may concerne your Majesties honour shall according to the Lawes of the Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in Armes as wee shall be required But if any be so wicked as to seeke occasions to divide betwixt your Majestie and your Kingdome and for their owne ends goe about to prostitute the puritie of Religion and the Liberties and Lawes of that your Majesties ancient and native Kingdome Wee can give them no other Character but that which your Majesties Father of blessed memorie gave them terming such men vipers and pests against the King and his Kingdome And if it please God for our sinnes to make our condition that deplorable as they may get the shadow of your Majesties authority as wee hope in God they will not to palliate their ends Then as these who are sworne to defend our
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
A TRUE REPRESENTATION OF THE PROCEEDINGS OF THE KINGDOME OF SCOTLAND Since the late pacification BY THE ESTATES OF THE KINGDOME Against mistakings in the late DECLARATION 1640. Printed in the year of God 1640. A true representation of the proceedings of the Kingdome of SCOTLAND since the late Pacification By the Estates of the Kingdome against mistakings in the late DECLARATION 1640. ALTHOVGH our adversaries should not onely whet their tongues and swords but also dippe their pennes in the gall of bitternesse and every day write a book against us in this cause yet will it bee accounted of us as an ornament to our head and a chain to our neck for not wee so much as trueth it selfe doth suffer by them It being their ayme and designe to make Antichristian errour triumph above that truth which is coaeval with time it self their Art suitable cūning not only to conceal deprave verities which will prove the daughters of time but also to forge such lies as may serve most for their wicked ends But it wounds us sore that they are permitted to prefixe the sacred face and name of authoritie ordained of God to defend and vindicate trueth to their base and crooked wayes and that by their Sophistications as the goings of the Serpent the world should be obfirmed in errour and the simple and ignorant pitifully seduced and snared to be made the instruments of the execution of their malice and crueltie Wee may truely say if forgeries depravations and misconstructions were taken out of the minds and libells of our adversaries in this cause they would bee but poore and shrunken things unpleasing to themselves when they look upon them and of small power to worke upon others that heare them but they finde that this miserable mixture although agrosse embasement maketh their mettall the more pliant and flexible and to worke the better for making up their Idoll That book which carried the name and title of His Majesties large Declaration hath yet received no publîck and particular answer So many as are acquainted with our proceedings since the beginning of this worke as have taken diligent heed to such pieces of ours as it hath ingrossed which alone may be an antidote against all the venome of it and as have perused what beside came from us to the view of the world do find that it hath nothing against the cause or against the persons of men but what they are able to confute from their owne knowledge Before that Declaration was seene of us for it was not intended to open our eyes but to dazell the sight of our neighbours and therefore a long time kept without our borders we had given unto his Majestie and the Nobility of England satisfaction concerning our proceedings which were perverted by the author of that Declaration the pacification was concluded and an Assembly and Parliament promised and appointed Like as at the time of the pacification diverse of his Majesties gracious expressions were found contrary to the aspersions and blotts which had fallen from that foul pen. And this at that time was told his Majestie by some of our Commissioners and did teach us how impudent the forger was and how injurious to the King from whose justice wee hoped he should receive his deserved censure and punishment at the desire and supplication of the Assembly and Parliament which was judged to be a more generous way and more honourable for the King the Kingdome and many particular persons who were knowne to bee wronged then to trifle with such a party in a reply about things that were past and to make the wounds green which were begunne to close Neither in this was it our desire so much to do the party hurt as to make him repent and palinode without which wee cannot yet see how either his Majestie can be restored to his honour or the Kirk and Kingdome and many of his Majesties subjects repaired in their credite Although wee know that this our plaine and open profession of our judgement and desire wîll make him except God touch his heart the more desperatly wicked and if he have any power to abuse it that he be not called to that reckoning which he is not able to make The case is now changed It was time then to keep silence and now it is time to speake when our just exceptions against this late Declaration and our presenting of the naked and open truth as in day light without maskes and mummeries may if the Lord will prevent the mischief now intended the second time which was by other meanes in the mercy of God turned away at first And if this our endeavour shall proue uneffectuall to our wished ends of tranquillity and peace we must rest upon the determination of the Supreame providence and upon this testimony that we have delivered our own soules The steps of the Declaration shall be trod by us In the relation of our proceedings from the pacification to the Parliament In the time of the sitting of the Parliament and after the Parliament to this day In all which when the Declaration wandereth out of the way we shall modestly and with that respect which we owe to authority which shall never be vilified but ever be in high esteem with us keepe the way of truth and shal note the wilfull aberrations of our adversaries whose delight is to walk in wanderings and by-paths The question proponed in the beginning who they are that have been the disturbers of the peace is that which we desire to be debated and may be the more easily and clearly defined upon this threefold consideration First that Innovation in Religion and the infringing of fundamentall Liberties and Lawes which are universally acknowledged to be the maine causes of commotions have been the first motives and meanes of our Tempests and troubles When Religion and Justice which are the pillars of government begin to be shaken or under-myned no marvell there be disturbance in the house of the Common-wealth which yet is not to be imputed to all who are under the roofe but to such as have a hand and are workers in the mischief Secondly our wayes of redresse and deliverance from common ruine were no other but humble and frequent supplications to the Councell of the Kingdome first and not being heard in all reverence to the King himself as the great Master of the house fair legall protestations against the threatning pressing evils every one of thē bearing the testimonies of our loyaltie of our high honouring of Monarchicall government in the Royall person of our native King And when our supplications protestations proved nothing but fewell to that fire which was burning in the breasts of those Incendiaries our enemies and had inflamed our King to take armes against us and to put all in a common combustion We did still present in the one hand our humble supplications most earnestly begging to injoy our Religion and Liberties in peace under
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
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
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 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
Religion our recourse must be onely to the GOD of Jacob for our refuge who is Lord of Lords and King of Kings and by whom Kings doe reigne and Princes decree Justice And if in speaking thus out of zeale to Religion and the dutie we owe to our Countrey and that charge which is laid upon us any thing hath escaped us sith it is spoken from the sinceritie of our hearts wee fall down at your Majesties feet humbly craving pardon for our freedome Having thus with your Majesties permission cleared the loyaltie of your Subjects That wee may next shew the reason of their demands and equitie of their proceedings in Parliament We doe first crave that if our answers cannot give plenarie satisfaction to the objections and exceptions that shall bee made against their proceedings That our not knowing of these objections albeit wee did often require your Majesties Commissioner to shew the same that we might be the more able to give your Majestie content yet being still concealed from us and the Records and Registers of Parliament being kept up from us may serve much for our excuse and if any of the propositions or articles sought or craved in Parliament shall seem harsh at the first view to these who know not our laws That we do expect from them the judgment of charitie who ought rather nor passe rash censure on us to professe ignorantiam juris facti alieni and that they would distinguish betwixt the desires and actions of a Parliament who being conveened by royal authority and honoured with your Majesty or your Commissioners presence are makers of Laws and against whom there is no law and the actions of privat persons against whom laws are made And as the desires of the Subjects are no other in the matter but what they did humbly crave in their former petitions and are necessar for establishing of Religion and the good and peace of the Kingdome which can never repugne to the Kings honour and are agreeable to the articles of pacification so in manner they are agreeable to the Lawes and practises of that Kingdome And to condiscend more specially all the articles given in are either such as concern privat subjects such as are for manufactories trade of Merchants others of that kind which doe not so much concern your Majestie or the publick as the interest of privat men which are but minima de minimis non curat lex Or they are publick acts which do concerne Religion and liberties of the Kirk and Kingdome as the ratifying the conclusions of the Assembly the act of constitution of Parliament the act of rescission the act against poperie and others of that kinde wherein because the Parliament knew that the eyes of the world were upon them that hard constructions have beene made of their proceedings and that malice is prompted for her obloquies and waiteth on with open mouth to snatch at the smallest shadow of disrespect to your Majestie That our proceedings may bee made odious to such as know them not wee have endeavoured to walk with that tendernesse which becometh duetifull Subjects who are desirous to limite themselves according to reason and the rule of Law For better understanding whereof we must distinguish betwixt regnum constituendum and regnum constitutum a Kingdome before it be settled and a Kingdome which is established by Laws wherein as good subjects esteeme it their greatest glorie to maintaine the honour and lawfull authoritie of their King so good Kings as your Majesties father of ever blessed memorie affirmes holding that maxime That salus populi est supremalex will be content to governe their Subjects according to the Law of God and fundamentall laws of their Kingdome Next we must distinguish betwixt the Kirk and State betwixt the Ecclesiastick and civil power both which are materially one yet formallie they are contradistinct in power in jurisdiction in laws in bodies in ends in offices and officers and albeit the Kirk and Ecclesiastick Assemblies thereof bee formally different and contradistinct from the Parliament and civill Judicatories yet there is so strict and necessary a conjunction betwixt the Ecclesiastick and civill jurisdiction betwixt Religion and Justice as the one cannot firmely subsist and bee preserved without the other And therefore like Hypocrites twinnes they must stand and fall live and die together which made us in all our petitions to your Majestie who is custos utriusque tabulae to crave that as matters Ecclesiastick may be determined by the generall and other Assemblies of the Kirk and matters civill by Parliament So specially to crave that the sanction of civill law should be added to the Ecclesiastick conclusions and constitutions of the Kirk and her Assemblies lest there should be any repugnance betwixt the Ecclesiastick and Civill laws which your Majestie did graciously condescend unto And your Majesties Commissioner representing your Majesties royall person and power in the generall Assembly wherein all the Congregations and Parishes of Scotland are represented after particular inquirie anent the true and reall causes of the evils which do so much trouble the peace of that Kirk and Kingdome Having found that the government of the Kirk by Bishops and Civil places and power of Kirk-men amongst other novations brought in that Kirk were two main causes of these evils And having consented that Episcopacie bee removed out of the Kirk of Scotland and that the Kirk be removed off the state And declared all civill places and power of Kirk-men to be unlawfull in that Kingdome And having ratified the Covenant ordaining all the Subjects to subscribe the same with the generall Assemblies explanation in that sense and being oblidged to ratifie the conclusions of the Assembly in Parliament It doth necessarly follow that Bishops who usurped to be the Kirk and did in name of the Kirk represent the third estate and Abbots Priors and all others who did represent the Kirk to bee taken away which also by necessar consequence doth infer that there bee an act of constitution of the Parliament without them and an act for repealing the former laws whereby the Kirk was declared the third estate and Bishops did represent the Kirk both which the Kirk hath now renounced and condemned So that unlesse the act of constitution of the Parliament and act rescissorie passe it is impossible either to have a valide Parliament or to ratifie the conclusions of the Assemblie which your Majestie hath graciously condiscended to performe and which your Subjects are oblidged to maintain neither doth the passing of these acts wrong the Kirk nor State nor diminish your Majesties princely power and royall authoritie not the Kirk because she hath renunced and condemned that civill power and worldly pompe conferred upon her in time of Poperie esteeming the same not to bee a priviledge but a detriment incompatible with her spirituall nature and as being repugnant to the doctrine and discipline of that Kirk volenti non fit injuria nor is the
State wronged because the whole Congregations of that Kingdome being represented by their Commissioners from Presbitries in the generall Assemblie hath given their consent to the desires and conclusions of the Kirk have with allowance of your Majesties Commissioner according to the ordinance of the generall Assembly and Councel sworne and subscribed the Confession of Faith in that sense and have alwayes been and are your Majesties supplicants That the Parliament may ratifie what the Assembly hath found and concluded Neither can wee beleeve that your Majestie who we hear doth acknowledge Princes to be like shining stars which have their splendor for the benefit of the world and who esteemes the prosperitie and welfare of your people your greatest content and the having of their hearts to bee your Majesties greatest security which are the words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and which your Majestie hath so well learned that they are abridged in the inscription of their coyne Presim ut prosim will think that the granting of that which upon so good reason is so earnestly desired both by Kirk and State to be any diminution of your Majesties royall prerogative and priviledge of your Crowne which by our acts of Parliament is defyned to be that power which your Majestie hath over all estates and persons and not any particular interest more in one estate nor another and which is competent and reciprocall to the King and doth pertain to your Majestie inviolablie and is no wayes contingent separable nor mutable with the change of any of the Estates but is that power which doth justly belong to the King before any Bishops were in Scotland and which did belong to him in time of Poperie when Bishops were allowed and had their dependance of the Pope and which did likewise pertaine to the King in the time of reformation when Episcopacie was abjured and removed out of Scotland In the which oath all the Subjects are sworne to maintaine your Majesties greatnesse and authoritie with their lives and means which wee shall acknowledge and will be ready to defend to the last drop of our bloud And seeing your Majesties Subjects have no other ends but such as serve for establishing of Religion and the peace of the Kingdome and are agreeable to the fundamental Laws thereof and to the articles of pacification And that the Parliament is the onely lawfull mean to remeid our evils remove distractions and settle a solide and perfect peace The sum of your Majesties subjects their desire is that your Majestie may bee graciously pleased to command that the Parliament may proceed freely and determine anent all these articles given in to them and whatever exceptions objections or informations are made against any of the particular overtures articles or proceedings of the Parliament wee are most willing and desirous according to your Majesties commandement for avoyding contestation about words to receive the same in writ and are content in the same way to returne our Answers and humble Desires After some questions moved by his Majestie and by some of the Committee which were answered by our Commissioners and all that past written by them immediatly by after their return to their lodgings from his Majestie The conclusion of that dayes hearing was that against the Kings returne from Hampton-Court they should show his Majesty their Instructions And after his Majesties returne upon the 8. of March they were commanded to be at Whitehall the next day thereafter at two of the clock in the afternoon where so soon as they did appeare before his Majestie He did call for their Instructions which they did exhibit and read Their power was called in question as being onely subscribed by some Noblemen and Gentlemen and as not flowing from the Parliament whereunto they did answer That their Instructions were warranted by the Parliament because they are relative to former Instructions given to the Earle of Dumfermeling and Lord Lowdoun which were subscryved by a great many Noblemen Gentlemen and Burgesses who were present sitting in Parliament and that their last Instructions are subscryved by these Commissioners who were appointed by the Parliament to make remonstrances to his Majesty and receive the returne of his answers who were authorized with Commission from the Parlîament to that effect All which our Commissioners did instruct And after long debating anent the validity of their power The particular dispute and reasonings whereof our Commissioners did for their memory put in writ The Kings Majesty said he would heare the particular reasons of their demands whereunto it was replyed that their demands were onely that the Parliament might proceed and ratifie the conclusions of the Assembly and determine anent the articles given in to them according to the Lawes of the Kingdome and articles of pacification And if there were any objections to the contrair they were ready to receive and answer the same in writ The King said It was his Commissioner behoved to give these and that his Majesty was to maintain his actions And thursday the 12. of March was assigned for their next hearing and the Kings Commissioner commanded to give his objections to them in writ against that time Vpon the 12. of March The King called for the power and warrant granted by the Parliament to these Noblemen and others who had subscryved our Commissioners Instructions which being contained in the declaration made by the Parliament his Majesty commanded the whole Declaration to be read did expostulat and quarrell the same as trinching upon his prerogative And diverse objections were proponed against the Declaration both by his Majesty and these of the Committee Which was answered by our Commissioners who did write what was reasoned and answered concerning that point and craved that what could be objected against that or any other of the Parliaments proceedings should be set down it writ whereupon the King commanded the Earle of Traquhair to set down the state of the question in writ which he did in maner following viz WHether are you warranted or instructed from Parliament to satisfie his Majestie anent his power of proroguing of Parliaments of himselfe and of his own Royall prerogative simplie and whether a Parliament thus prorogued simplie by his Majesties owne sole Royall power can or may sit before the time to which his Majestie hath prorogued the same And if you have no warrant nor instruction herein from the Parliament what is your owne private Judgement therein Likeas his Majesty commanded the Earle of Traquhair to give some other propositions and querees and the 16. of March was assigned to our Commissioners to give in their answers which propositions were delivered to them upon the day of March which are these viz Protestation given in at the first prorogation of the Parliament at least given into the Commissioner to be represented to his Majestie Act desiring the power of articles New augmentation of customes to bee discharged and no custome nor imposition to be imposed hereafter but by advice
the Kings will or the good of the King and Kingdome It is here laid to our charge that the Subjects have been pressed by us to sweare and subscribe the acts of the Assembly at Glasgow but the truth is whatsoever was the power of the Kirk to presse that oath and subscription in an Ecclesiasticall way yet no man de facto was urged unto it Some prevaricators who would have cheated us have been refused but none have been pressed What is objected concerning that tumult of some people in Edinburgh against the Lord Thesaurer and others is answered before 9. Concerning the freedome of the Assembly at Edinburgh called by his Majesties authority It was acknowledged by his Majestie that what questions might arise about the matters members or manner of the Assemblie should be determined by the Assemby it self as the onelie proper judicature and his Majesties Commissioner in his name did openly consent to the constitution of the Assembly in all the members therof upon the sight of their Commissions All which were publickly read and to all the acts of the Assembly from the first to the last and particularly to the act August 17. Declaring the government of the Kirk by bishops to be contrair to the Confession of Faith and constitutions of this Kirk and to the act which declared some former Assemblies to be null amongst many other reasons upon this ground that Prelats without any warrant from the Kirk were admitted to be members thereof Yet there be here two pretexts alleadged against the freedome of the Assembly at Edinburgh the one untrue de facto for no such wayes were used before the Assembly nor any such thing objected by his Majesties Commissioner in the Assembly the other unjust de jure that the prelats were not admitted to be members of the Assembly although at the time of the treatie his Majestie did not expâ—ct that they should be admitted and yet resolved to grant a free Assembly By which it is now too manifest what his Majesties minde is both of the late Assembly at Edinburgh which yet was called by his Majesties authoritie and countenanced by his Commissioner and of Episcopacie although removed out of this Kirk by the consent of his Majesties Commissioner And by which every man may easily judge whether the matters of Religion and the Kirk be settled and secured as is pretended by our adversaries going about to work division This is the prevailing power of our enemies without respect to the Kings honour or to common truth and honesty that what was done before by his Majesties consent may be undone and that the pacification no more have place but all may be involved in a bloudy warre The ground of pacification was a free Assembly and Parliament Now the one although peaceably closed is denied to be free and the other is hereby declared to be unprofitable for the good of the Kirk 10. The distinction made by the writer of the Declaration of Traitours to God and to the Countrey upon the one side and Traitours to the King on the other side deserveth no thanks from the King nor approbation from any good and wise Subject It is evil policie and worse divinitie for Traitours to God and their Countrey must be Traitours to the King and such as are faithfull to God and the Countrey must be the Kings best Subjects He is the greatest Traitour who laboureth to divide the three whom the first hath so nearly joyned The right of his Majesties Crowne and the acts of Parliament command all the Subjects to rise with their King and to assist him when heriseth for God and the Countrey But no right nor act of Parliament forbiddeth to stand for God and the Countrey in the case of publick invasion To strike upon this string were to fall in the fault which we have even now reproved and will never fill the ears of the King and the Subject with a pleasant hermonie We onely declare that what soever have been the merits of those who have gone out from us and have wrought division between the King and the Countrey we neither have pretended nor have threatned to proceed with censures against them their complaints arise not from us but from their own fears and furies within which begin to waken and vex them 11 It was farre from our thoughts to usurpe any part of his Majesties royall power in discharging the attendance of his Majesties Subjects at the Session which wee never did call in question we did onely in such an exigent and extreamitie modestly protest for indemnitie if any sentence should passe against us for whom it was impossible to attend as is evident by the words of the Protestation it self as followeth ANd seeing the Session is now appointed to sit down which tendeth to the prejudice of his Majesties Subjects who lately have been so busied in their preparations for the defence of the Religion and countrey that they are now necessarily retired to their own dwellings for settling of their privat affaires that they cannot be tymously advertised to attend any Law-businesse without greater prejudice then benefite and that the best part of the Lieges have so secured their Evidents that the samine cannot bee in readinesse in this short time of Session Therefore and in respect the down-sitting of the Session now cannot be otherwayes intimate unto them but upon fourty dayes whereas there are onely twenty dayes to runne after the appointed day of this meeting Wee protest that all members of the Colledge of Justice and all his Majesties Lieges are in bona fiae not to attend this Session but that all acts sentences decreets and inter-loquutors to be given and pronounced against them if any shal be are in the selfe null voyde and ineffectuall suchlike as if the samine had never been given nor pronounced and protest for remeed of Law against the samine and every one of them Having now the second time cleared our proceedings of unjust imputations and our deportments of ingratitude and insolencie the order of the Declaration draweth us on immediatly to the proceedings of the Parliament which we will follow how soon we have truly represented some of our proceedings in the Assembly indicted by his Majestie and holden at Edinburgh August 12. 1640. All which are past in silence by the Declaration but in so far as they are taxed by the way in the ninth pretended breach but cannot be praetermitted by us because they are the greater and more substantiall part of our proceedings which we desire may be known to all men And because a free Assembly was at first the one half of our humble desires and since the closing of the Assembly the securing of our Religion and the adding of the civill sanction in Parliament to the acts of the Assembly hath been the greatest thing that we have petitioned for obtaining whereof the Commissioners of the Generall Assembly did attend the Parliament after the sitting thereof Some few of many are here
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.
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
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
and gracious Declarations And that it is impossible without passing the rescissorie act and act of constitution to have a valide Parliament to ratifie the conclusions of the Assembly is manifest Seeing by the former constitution of the Parliament no act of Parliament can passe without the consent of the three Estates of which the Kirk was the third As is to bee seen by the act of Parliament 1609. And any act for ratifying the conclusions of the assembly or for any other cause whatsoever which can be past in this Parliament till the Parliament be lawfully constitute without prelates or any other representing the Kirk cannot be valid but may be quarrelled and annulled upon that formall and fundamentall ground of the former constitution of Parliament which stands established by the acts of Parliament 1584.1587.1597 and 1606. By all which it is clear that the Parliament was constitute of the three Estates whereof the Kirk is one that no act of Parliament could be made but by the special advice consent of the three estates that the Prelats voting in parliament and representing of the third Estate was a priviledge granted to the Kirk and that they as her office-bearers had onely vote in name of the Kirk may be clearly seen by the 231. act Par. 15.1597 K. Ja. 6. Where the Kings Majestie and his Highnesse Estates restores Ministers provyded to Prelacies to have vote in Parliament and that upon this reason as having speciall consideration of the great priviledges and immunities granted by his predecessours to the holy Kirk within this Realme and to the speciall persons exercing the office dignitie and title of prelats within the same which have represented one of the Estates And that the saids prelats have been from time to time conserved in the same integritie wherein they were at any time before So that his Majestie out of his singular affection to the advancement of Religion declares this Kirk to be a true and holy Kirk and that the Ministers and pastors within the said Kirk provided to the office place title and dignitie of a Bishop or prelat shall at all time hereafter have vote in parliament suchlike and as freely as any other Ecclesiastick prelat had at any time bygone And that all Bishopricks shall be disponed to actuall preachers which proves that in time of poperie and ever untill that time 1597. this priviledge of vote in Parliament was granted to the Kirk and only to the speciall persons who by vertue of their office did represent the Kirk which is also clear from the act of annexation 1587. whereby all the Temporalities of benefices were annexed to the Crowne notwithstanding whereof they did vote still in Parliament in name of the Kirk having no Temporalities at all till the Parliament in the yeare 1606 Wherein it is clear in the act of restitution of the estate of Bishops And also in the 6. act of the Parliament 1609 That vote in Parliament is given to prelats as one of the priviledges and liberties granted to the Kirk whom they did represent and did ever sit pro Clero upon his Majesties right hand and voyce in name of the Kirk But seeing in the late Generall Assembly holden at Edinburgh after particular inquyrie anent the true and reall causes of the evils which did so much trouble the peace of that Kirk and Kingdome It is found that the government of the Kirk by Bishops and civill places and power of Kirk-men especially their voting in Parliament amongst other novations brought in that Kirk were two mayne causes of these evills And that the Generall Assembly with consent of your Majesties Commissioner representing your royall power and person hath removed Episcopacie our of the Kirk of Scotland and declared all civill places and power of Kirk-men to be unlawfull in that Kingdome as contrary to the Confession of faith and constitutions of that Kirk and hath ratified the Covenant ordaining all the subjects to subscryve the same with the generall assemblies explanation in that sense And your Majestie being obliged to ratifie the conclusions of the assemblie in Parliament It doth necessarily follow that Bishops who usurped to bee the Kirk and did in name of the Kirk represent the third Estate be taken away which also by necessar consequence doth inferre that there be an act of constitution of the Parliament without them and an act for repealing the former Laws wherby the Kirk was declared the third Estate and Bishops did represent the Kirk Both which the Kirk hath now renounced and condemned as a detriment and prejudice incompatible with her spirituall nature Neither doth the passing of these acts wrong the Kirk nor State nor diminish your Majesties Princely power as was demonstrat by that which was spoken to your Majestie the 3. of March and which we did thereafter present to your Majestie in writ which for brevitie wee absteine to repeat And if your Majesties Commissioner deny that he did consent to the act of assembly August 17 whereby Episcopacie and the civill places and power of Kirk-men and in speciall their voting in Parliament was declared to be unlawfull as being contrare to the Confession of faith and constitutions of that Kirk and that he did approve that all the subjects should subscryve the Confession of faith with the generall assemblies explanation we offer to prove the same by the very acts of the assembly and records thereof bearing his assent first verbally and there after given in by writ The trueth whereof wee are able also to verifie and make good by witnesses of all ranks of persons who were present at the assembly And so soone as these Declarations which the Commissioner caused registrate in the bookes of Councell as being emitted by him in the generall assembly were required to be insert in the records of assembly which was eight dayes at least after the rising of the assembly The Commissioners of the Kirk discharged the Clerk to insert the same as not being emitted in the assembly and as contrarie to the acts thereof and true declarations made by the Commissioner in the generall assembly which are registrate in the bookes thereof and doeth beare his consent for which he got publick thanks The reason of that article craving every Commissioner of the Shyres to have a sever all voyce appeares in the very proposition it self For that any who by the lawes of the Kingdome and by their commissions comes authorized as Commissioners to heare treat and determine in Parliament and yet not to have a decisive voice in Parliament seemes to be repugnans in adjecto and that by the ancient practise the whole Barons and Free-holders within that Kingdome had vote in Parliament may be seen in the old records of Parliament as in the reigne of K. Ja. 1. in his 6. and 7. Parl. K. Ja. 2. in the old acts fol. 26.33 36. K. Ja. 3. in the 112. act Parl. 14. Item Parl. 1487. 15. October The Parliament being continued
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
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
advancing of Popâ—rie and what is done at home expresly against the articles of the pacification they rest perfectly satisfied If the defence be lawful the hands of men and the aide of moneys are necessary adminicles which all the Subjects do acknowledge and therfore contribute most willingly without the least exception except of some few not against the thing it self but against their stint and proportion which yet is lesse quarrelled in this then it hath been at any time in ordinary Subsidies or taxes It is known to the world that Scotland hath no Treasures whereof to boast but on the contrary if we be blocked up we will be necessitated either to famish or to fight our selves free And although we had the treasures of Craesus or Darius we would not put our trust in them The sentence of Q Curtius which after him is become common in the world crying up moneys above the just value that they are the Sinewes of warre is upon good grounds by wise men and upon better experience recalled and exploded The sinewes of this warre if a warre shall be must be a good cause good consciences and Souldiours stout and fearing GOD who cannot bee found out by gold but will be able to find out gold as some writers about this have spoken well Our fourth Transgression is from our papers and pamphlets and namely against an Information from the Estates of the Kingdome of Scotland to the Kingdome of England Many things have been written on both sides but in very different manner inasmuch as the writings of the prelats and their partisans are full of railings detractions injuries and slanders against this Kingdome and full of sedition to stirre up our King against us much written that our defence is unlawfull nothing against the unlawfulnesse of the invasion But our writings are full of al kinds of reverence to the Kings Majesty and of respect to the English Nation pressing the matter in hand without digression or falling from the purpose upon the persons of men further then the action intended against our adversaries the authors of all these evills did inforce us The for me of answering our Information not by evidencing any untruth or undutifulnesse in it but by Proclamation and by fire and faggot is indeed for the time the most easie the most compendious and the most affrighting way to the poore ignorant multitude But England can tell that the truth cannot be consumed by fire but will rise more pure and clear out of the ashes and flye with multiplyed wings further abroad in the world then before We might also without presumption have expected that an Information coming not from a particular person or society but from a Kingdome would have found with the Councell of England some better entertainment But we trust our Informations will be more precious in the sight of our friends who know through what difficulties they make their journey and what acceptance they find at their arrivall The next three Transgressions are about the Castle of Edinburgh and certain Fortifications Out-rages and violences we have committed against none of that Castle but many have we endured out of a desire and hope of peace and for them have returned courtesies and favours Materials to the Castle were not denyed till by boasting profession was made of that which wee might have known before that it was to be turned against our selves and the Town neither then were they altogether denyed so farre as our own necessary use of materialls would permit Neither was any work raysed against the Castle but a Rampier onely for defence of a Court d' guard till violence was done from the Castle Our desire and hope of peace and our unwillingnesse by the smallest breach to lose the thankes of our former obedience have mooved us to supererogate and to doe more then wee were oblidged but have not suffered us to be deficient It is rather to bee wondered at that wee have done so much to make up a Fortification against our selves and to put weapons in the hands of our enemies then to bee reprooved that we have done no more The eight concerning the Lord of Southesk and no other of quality except Sir Lewes Stewart we remit to the information of their own Letters come to his Majesties knowledge The carriage of Noblemen of Barons and of the Magistrats of the town of Edinburgh upon the harmlesse accident of their surprizall by the multitude doth rather deserve thanks then challenge from themselves or any other as is contained in our Remonstrance pag. 32. their safety in the time and their Liberty granted them since how soon they could be in safety are reall testimonies that no evill was meant against them We would not have it supposed that we do all that we are able to do or what we do for good that it is done for evill The ninth concerning the rendring of the Towne of Edinburgh into the hands of a Committee and therby the incurring the guilt of high Treason we wonder how any should be found so wicked as to invent it and much more if his Majesty or any wise or good man can be moved to believe it They have the honour to be the first Citty of this his Majesties Kingdome and as a principall member do joyn in this common cause of mutuall defence but neither know of any such usurping Committee nor of submission to any power beside that of their Soveraigne Lord and King how ready the Magistrats and whole Body of that Town have been to all good offices for his Majesties honour how far they have strained and spent themselves upon publick works for the honour of the Kingdome how difficult commandements they have obeyed at his Majesties pleasure and how they have omitted nothing which they conceived could be brought within the compasse of the duty of humble and faithfull Subjects These who somtime professed themselves to be their friends but are now become their enemies can bear witnesse We may truly with them and in their name honour them with this testimony that as it is his Majesties glory to have one prime City in this his Kingdome so have they beside all other respects by their affections and deportments deserved to be the first and to have a better place in his Majesties estimation then to be suspect of Rebellion or Treason Declarations of this kind are devised to be divisions betwixt the King and his best Subjects The Tenth Transgression is keeped to the last place Decumanus fluctus as a great wave to over whelme us and our Cause But we have no fear so long as we saile in the ship of a good conscience which by no surge or storme can be wrecked This is that French Letter so much talked of and insisted upon as to open a gate to let in forrain power to rule over England and our selves which by what consequence it can be inferred we would fain know when a people is sore distressed by sea and land is
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
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
the same which they were from the beginning Religion principally and things civill for Religion that for obtaining them wee have not strayed from the fair and straight way of legall redresse by Assembly and Parliament which his Majestie injustice did promise at the pacification And concerning other demands about matters Civill although it be most certaine from by gone experience that the corruption and thraldome of the Parliament hath been the occasion of the corruption and thraldome of our Kirk That by our Records it is out of question that the cognition and decision of the articles doeth properly belong to the Parliament and that in Parliamen we have proceeded upon no other grounds but the Lawes and laudable practices of this Kingdome never questioned before but inviolably observed as the onely rule of government yet lest pressing any of those too much we should worke contrary to our own ends and frustrate our selves of our desired peace It hath been showne to his Majestie that these demands were but motions and propositions made to the Lords of Articles to be by them prepared for the Parliament where they might have their finall determination from his Majestie and the Estates as might serve most for the well-publicke without trenching upon his Majesties authority The proceedings therefore of the Assembly countenanced and concluded with the consent of his Majesties Commissioner and of the Parliament now laid open to the world aiming at no thing but the establishing of Religion such things as should be judged necessary for peace as was agreed at the pacification can never be found to be the true cause of warre This must rest first upon the incendiaries who kindled the fire and are now enraged when they find the smoake blowne in their owne eyes and their owne nests thereby consumed hopelesse to get it extinguished and themselves builded up again to their content by a faire and legall way And next upon some others whose exorbitancies cannot escape censure and punishment and therefore they labour to have them drowned in the deluge of a common confusion When his Majesty with his honourable attendants came down the last year to the Border they did see that Babell which the children of men had builded heere and the affliction of this people by reason of their task-masters and would it please his Majesty to peruse these papers and to make a new tryall as it is the glory of a King to search out a matter wee would no more doubt of our own justification nor we doe of his Majesties justice the light and influence whereof we finde ecclipsed and hindered by the intervention of the wickednesse of bad unjust Ministers to the darking also of his owne glory which we heartily wish may shine as the Sunne to the comfort of all his Dominions rather then to be turned into a storme and tempest of an unnecessary and unnaturall warre which wee have laboured by all meanes to prevent and now resolve to endure by the helpe of God and in hope of a happy successe if the English as they are invited or the Irish as we heare they have offered shall come against us To reduce us to obedience neither of the Nations shall need for we resolve to obey without force the decrees of Assemblies and Parliaments which are our soveraigne Judicatures in Spirituall and Civill matters and to which his Majestie hath remitted us In this case wee onely appeale to that prime Law of Nature Offer not that to another which thou would not have done to thy self graced and perfected by the mouth of Christ whose name wee all do beare All things whatsoever yee would that men should do unto you do yee even so to them for this is the Law and Prophets Wisedome would rather direct without wronging of Pietie or Justice first to search the cause and fountaine of our troubles at home and to take away the wicked before the King and when this is done and his Majesties Throne established in righteousnesse then to joyne as one man against the two great Catholiques the one a King the other a Prelat who have in their desires and hopes long agoe destroyed us and as their opportunities serve cease not to invade us or under-myne us This might be a tryall both of others and of us whether we are disaffected to pietie or to his Majesties honour and service This might in end make both the King glorious and the Kingdoms â—o recover what glory any of them have lost This would make the Lord of Heaven and Earth to say Drop down ye Heavens from above and let the skyes powre down righteousnesse let the earth open and let them bring foorth salvation and let righteousnesse spring up together I the Lord have created it FINIS