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
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
Predecessours 1589. doe most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell To enjoyne by act of Councell that this Confession and Covenant which as a testimony of our fidelitie to God and loyaltie to our King wee have subscribed Be subscribed by all his Majesties subjects of what rank and quality soever The act of Councell containing the answer of the Supplication abovewritten at Edinburgh August 30. 1639. THE which day in presence of the Lord Commissioner and Lords of Privy Councell compeered personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Dowglas of Caveris Knight Sir Henry Wood of Bonitown Knight John Smyth Burgesse of Edinburgh Master Robert Barclay Provest of Irwing Master Alexander Hendersoun Minister at Edinburgh and Master Archibald Johnstoun Clerke to the Generall Assembly and in name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privy Councell the petition above-written Wee the Generall assembly considering with all humble c. which being heard read considered by the saids Lords they have ordained ordain the same to be insert registrat in the books of privy Councell and according to the desire thereof ordaine the said Confession and Covenant to be subscribed in time coming by all his Majesties Subjects of this Kingdome of what rank and qualitie soever The same day his Majesties Commissioner after his entry in the assembly delivered himself by word to this meaning We have received the supplication of the Assembly desiring that the Covenant may receive the force of an act of Councel to be subscribed by all his Majesties subjects We have found the desire so fair and reasonable that wee conceived our selves bound in duety to grant the same thereupon have made an act of Councell to that effect There rests now the act of assembly concerning which I am so fully satisfied my self that I come now as his Majesties Commissioner to consent fully unto it and am most willing that it be enacted here in this Assembly to oblidge all his Majesties subjects to subscribe the said Covenant with the assemblies explanation And because there is a third thing also desired my subscription as the Kings Commissioner unto the Covenant this I must do with a declaration in writ As a subject I will subscribe as strictly as any other man with the assemblies declaration but as his Majesties Commissioner I must prefixe to my subscription the declaration following of which no Scottish subject shal have the benefit no not my selfe as Earle of Traquair The declaration of his Majesties Commissioner concerning the subscribing of the Covenant SEing this Assembly according to the laudable forme custome heretofore keeped in the like cases hath in a humble and dutifull way supplicat to us his Majesties Commissioner the Lords of his Majesties most honorable privy Councell that the Covenant with the explanation of the assembly might be subscribed to that effect that all the subjects of this Kingdome by act of Councell bee required to doe the same And that therein for vindicating themselves from all suspitions of disloyaltie or derogating from the greatnes and authority of our dread Soveraigne have therwith added a clause whereby this Covenant is declared one in substance with that which was subscribed by his Majesties Father of blessed memory 1580.1581.1590 and often since renewed Therfore I as his Majesties Commissioner for the full satisfaction of the subject and for settling a perfect peace in Church and Kingdome doe according to my foresaid declaration and subscription subjoyned to the act of this assembly of the date the 17. of this instant Allow and consent that the Covenant be subscribed throughout all this Kingdome In witnes whereof I have subscribed the premisses The Lord Commissioner his Declaration concerning the act of the assembly August 17. I John Earle of Traquair his Majesties Commissioner in this present assembly do in his Majesties name declare that not withstanding of his Majesties owne inclination and many other grave and weightie considerations Yet such is his Majesties incomparable goodnes that for settling the present distractions and giving full satisfaction to the Subjects he doeth allow Likeas I his Majesties Commissioner doe consent to the foresaid act and have subscribed the premisses The Lord Commissioner his declaration concerning practises outwith the Kingdome contrary to the premisses IT is alwayes hereby declared by me his Majesties Commissioner that the practise of the premisses prohibited within this Kirk and Kingdome outwith the Kingdome of Scotland shal neither bind nor inferre censure against the practises outwith the Kingdome This last declaration was not approven by the assembly and therefore was insert in the Register onely recitative as was then declared when his Majesties Commissioner required that it might be put upon record The act of the assembly or daining by Ecclesiasticall authority the Covenant to be subscribed THE assembly considering the great happinesse which may flow from a full and perfect union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majesty and amongst our selves Having by our great oath declared the uprightnesse and loyaltie of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell to enjoyne by Act of Councell all the Lieges in time coming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyaltie to our King We have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell have granted the desire of our Supplication Ordaining by civill authority all his Majesties Lieges in time coming to subscribe the said Covenant that our union may be the more full and perfect Wee by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the heads and clauses thereof And ordaines of new under all Ecclesiastick censure That all Masters of Universities Colledges and Schooles All Schollers at the passing of their degrees All persons suspect of Papistrie or any other errour And finally all the members of this Kirk and Kingdome Subscribe the same with these words prefixed to their subscription The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five Articles of Perth The government of the Kirk by Bishops The civill places and power of Kirkmen upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk Wee subscribe according to the determination foresaid And ordaine the Covenant with this Declaration to be insert in the Registers of the Assembly of this Kirk General Provincial Presbyteriall ad perpetuam rei memoriam And in all humility supplicates his
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
would against the light of our minds and consciences have sinned against God and condemned our owne deed Thus way was made to the pacification and for praeoccupying all mistakes whether wilfull possibly by some or through weaknesse of memory by others These vocall interpretations and expressions were collected keeped by our selves and in papers delivered to some of the Counsellours of England in the words follow-ing Some conditions of his Majesties Treatie with his Subjects of Scotland before the English Nobility are set down heere for remembrance AS for the preface and conclusion of his Majesties last Declaration although it conteined hard expressions of the Subjects in Scotland yet his Majestie declared that he had no such opinion of them but required the paper to stand for his credit and for a point of honour with forraigne Nations and required they should not stand with him for words and expressions so they obtained the matter 2. As for calling the late Assembly pretended seeing the Subjects of Scotland professed they would never passe from the said Assembly and decrees thereof His Majestie professed as he did not acknowledge that Assembly further then as it had registrat his Declaration so would he not desire the Subjects to passe from the samine 3. Concerning the constitution of the Assembly It was showne his Majestie that none could be members of the Assembly but such as had a Commission viz. two or three Ministers from every Presbyterie with a ruling Elder one from each Burgh and University and his Majesties Commissioner His Majestie contended that his Assessours had vote and upon an expression in his Majesties Declaration that referred to some reasons contained in former Proclamations which were totally against the lawfulnes of ruling Elders It was desired that according to the custome of this Kirk all contraversies arising should be remitted to the Assembly it self His Majestie had some expressions craving these to be remitted to himself but being told that it was against the constitutions of the Kirk to have any other Judge but the voycer of the assembly where his Majestie or his Commissioner should be present and give the first voyce It was concluded that the word Free Assembly in his Majesties Declaration did import the freedome in judging all questions arising there concerning constitution members or matter 4. Concerning the restitution of the Castles as the subjects did it freely so did they expresse that what might concerne the safetie of the countrey they referred to the time of the Parliament at which time they should signifie their desires by Petition to his Majesty As also they told it had cost much charges in fortifying and keeping thereof The representation whereof to his Majestie they referred to that time 5. Concerning the restitution of persons goods and houses required by his Majestie It was promised provyding the great summes contracted for the publick were repayed in an equall way by all which behoved to be done either by commission from his Majestie or by Parliament And when it was objected that much goods were already spent The King answered That as for goods or ammunition that was spent they could not be restored but these that are extant must bee 6. His Majestie not allowing of the late assembly for the reasons contained in his severall Proclamations being excepted against as a declaration of his Majesties judgement against ruling Elders which prejudged the right constitution of a free assembly His Majestie after full hearing deleted that clause 7. That part of his Majesties Declaration which beares that no other oath be exacted of Intrants then that which is contained in the act of Parliament as also that clause bearing that the pretended bishops c. shal be censurable by the generall assembly being excepted against as presupponing and importing the continuance of episcopacie which wee could not acknowledge as being incompatible with the Confession of faith and constitution of the Kirk His Majestie was pleased to delete both these clauses 8. And it being with all instancie and humilitie prest Saturday June 15. That his Majestie would satisfie that main desire of the Subjects by declaring that his Majestie would quite episcopacie did answere that it was not sought in our desires And when it was replyed that our first desire to have the acts of the generall assembly ratified imported the same his Majestie acknowledged it to be so and averred that he did not refuse it but would advyse till monday the 17. At which time his Majestie being prest to give some signification of his quytâ—ng episcopacie and it being plainly shown to his Majesty that if he would labour to maintain episcopacie it would breed a miserable schisme in this Kirk and make such a rupture division in this Kingdome as would prove uncurable and if his Majesty would let the Kirk and Countrey be fred of them his Majesty would receive as hearty and duetifull obedience as ever Prince received of a people His Majestie answered that he could not prelimite and fore-stall his voyce but had appointed a free assembly which might judge of all Ecclesiasticall matters The constitutions whereof he promised to ratifie in the ensuing Parliament It were against duety for us to doubt of his Majesties intention to be personally present in the Assembly as it is expressed in the foresaid Declaration And we are no lesse assured that if it had pleased God so to dispose matters this day might have been in a better and more peaceable posture through giving and receiving in presence mutuall contentment betwixt the King and his Subjects But the penner of the Declaration hath been evill advised in rendring the reasons of his Majesties diversion from any disorders in Edinburgh or from the refusall of some Noblemen and others to goe to Barwick For that stir of some of the people did arise upon a rumor that the Lord Aboynd who had lately come from the troubles in the North where some of Edinburgh had lost their friends and acquaintance And that the late pretended bishop of Edinburgh the more odious to the people that in the recent Proclaclamation the prelats were called to be members of the Assembly that they both were at that time in the Coach about which the multitude made the concurse But no sooner were the persons discerned and the Lord Thesaurer seen and known but the tumult incontinent ceased All which being made known to his Majesty by Commissioners sent from Edinburgh and seconded by the Lord Thesaurer his owne relation his Majesty seemed to rest satisfied Neither was the refusing of the Lords and others sent for the true cause of his Majesties going away What means have been used by some bad instruments to disturb and cut off a treatie of peace is too manifest from the records of times past when men simulat and make a show to do that of a free mind which indeed necessitie constraineth them to do for the time there can bee no firme peace expected Wicked men also who find themselves prejudged
Subjects and the lawfulnesse of the proceedings of the Parliament we shall thereafter lest verball expressions be controverted be most willing and desirous according to your Majesties commandments To receive what ever exceptions objections or informations are made against any of the particular overtures articles and proceedings of the Parliament in writ and in the same way shall present our answers and humble desires And doe humbly crave your Majesties gracious Answer Vpon the 26. day of Febr The Earle of Traquair did shew our Commissioners that it was his Majesties pleasure that they should subscribe the two former petitions given in by them to his Majestie and that they keep that same way thereafter in all petitions or writs shall bee by them presented to his Majestie which accordingly they did And they required the Earle of Traquair to write and subscribe any direction or commandment he carried from the King to them which he did Vpon the 2. of March The Earle of Traquair did signifie to them under his hand that it was his Majesties pleasure that they should attend at the Councell chamber the next day thereafter at two of the clock in the afternoone such of the Lords of the Councell as his Majesty had appointed for that effect And our Commissioners understanding that the King was going to Hampton-cour and that the hearing he appointed for them was onely before these of his Majesties Committe or Joyntos And being enjoyned by their instructions not to answer nor acknowledge the Committee nor no other Judicatorie desired the Marques of Hammiltoun to shew his Majestie that they would decline to propone their Desires and reasons of their Demands or make answer either to the Committee or any other whatsoever except to the King their Master to whom they were sent which being made knowne to his Majestie He was graciouslie pleased to delay his going to Hampton till the afternoone and did heare our Commissioners himself In whose Royall presence and audience His Majestie having his Committee with him our Commissioners did cleare us and our proceedings from these unjust aspersions layd upon us did show what high estimation we had of Soveraignitie and our constant resolution to stand to the defence of our Religion and that our Desires both in matter and manner are no other but what we did humbly crave in our former Petitions and are necessar for establishing Religion and the good and peace of the Kingdome and are agreeable to the fundamentall Lawes and laudable practises thereof and to the articles of Pacification without wronging the Kirk or State or any wayes trinching upon his Majesties Princely Power and Royall Authoritie And did therefore crave that his Majestie would be graciouslie pleased to command the Parliament to proceed and determine for ratifying the conclusions of the Assembly and enact such other Statutes as are necessar for establishing Religion and settling the peace of the Kingdome As their speach then spoken and thereafter given in in writ doth import as followeth SIR as wee did show in that humble Remonstrance which wee gave your Majestie in writ That no earthly thing could bee more grievous to your Majesties Subjects conveened by your Royall Authoritie in the Parliament of Scotland then that their loyaltie should be called in question or that any such hard impression should be given against their proceedings as might derogate from that high estimation which they have of Soveraignitie and the tender respect they carry to your Majesties inviolable authoritie So doe wee now acknowledge your Majesties goodnes and justice in keeping one eare for us against all suggestions and obloquies till the reasons of our proceedings and demands were made knowne from our selves and that your Majestie is graciously pleased to grant us this favour of a full and publick hearing But because the Parliament of that your Majesties ancient and native Kingdome is independent and not comptable to any other Judicatorie Wee hope your Majestie will pardon and allow us to declyne to speake or answere before any of your Majesties Councells or other Judicatories whatsoever as these who have any power to judge of the Lawes actions or proceedings of the Parliament of that Kingdome As wee acknowledge your Majesties favour in allowing us to tender the liberties and freedome of your Majesties ancient and native Kingdome So are wee glad before all the world to cleare the loyaltie and lawfulnes of their proceedings and doe congratulate that your Majestie hath indicted a Parliament heere who wee hope will advert to the good of Religion your Majesties honour and peace of your Dominions albeit they be not Judges to determine of our actions which when they shall be knowne to your Majestie not upon report but upon true tryall wee are most confident will merit approbation at the Throne of your Majesties Justice But because wee heare that your Majesties good Subjects are traduced as having intention to diminish your Majesties authoritie and shake off that civill and duetifull obedience due to Soveraignitie Therefore before we descend to the particular actions and articles of the Parliament for vindicating us from so grievous and foull an imputation wee doe in our own name and in name of the Parliament who sent us Declare before GOD and the world that we never had nor have any thought of with-drawing our selves from that humble and duetifull subjection and obedience to your Majestie and your government which by the descent and raigne of so many Kings is due to your Majestie And never had nor have any intention or desire to attempt any thing that may tend to the diminution of your Majesties Princely power But on the contrare acknowledge our quietnes stabilitie and happines to depend upon the safetie of your Majesties Person and maintenance of your greatnes and Royall authoritie as Gods Vicegerent set over us for maintenance of Religion and administration of Justice And have solemnely sworne not onely to stand to the defence of your Majesties Person and authoritie in the preservation and defence of Religion Liberties and Lawes of the Church and Kingdome But also in every cause which may concerne your Majesties honour shall according to the Lawes of the Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in Armes as wee shall be required But if any be so wicked as to seeke occasions to divide betwixt your Majestie and your Kingdome and for their owne ends goe about to prostitute the puritie of Religion and the Liberties and Lawes of that your Majesties ancient and native Kingdome Wee can give them no other Character but that which your Majesties Father of blessed memorie gave them terming such men vipers and pests against the King and his Kingdome And if it please God for our sinnes to make our condition that deplorable as they may get the shadow of your Majesties authority as wee hope in God they will not to palliate their ends Then as these who are sworne to defend our
State wronged because the whole Congregations of that Kingdome being represented by their Commissioners from Presbitries in the generall Assemblie hath given their consent to the desires and conclusions of the Kirk have with allowance of your Majesties Commissioner according to the ordinance of the generall Assembly and Councel sworne and subscribed the Confession of Faith in that sense and have alwayes been and are your Majesties supplicants That the Parliament may ratifie what the Assembly hath found and concluded Neither can wee beleeve that your Majestie who we hear doth acknowledge Princes to be like shining stars which have their splendor for the benefit of the world and who esteemes the prosperitie and welfare of your people your greatest content and the having of their hearts to bee your Majesties greatest security which are the words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and which your Majestie hath so well learned that they are abridged in the inscription of their coyne Presim ut prosim will think that the granting of that which upon so good reason is so earnestly desired both by Kirk and State to be any diminution of your Majesties royall prerogative and priviledge of your Crowne which by our acts of Parliament is defyned to be that power which your Majestie hath over all estates and persons and not any particular interest more in one estate nor another and which is competent and reciprocall to the King and doth pertain to your Majestie inviolablie and is no wayes contingent separable nor mutable with the change of any of the Estates but is that power which doth justly belong to the King before any Bishops were in Scotland and which did belong to him in time of Poperie when Bishops were allowed and had their dependance of the Pope and which did likewise pertaine to the King in the time of reformation when Episcopacie was abjured and removed out of Scotland In the which oath all the Subjects are sworne to maintaine your Majesties greatnesse and authoritie with their lives and means which wee shall acknowledge and will be ready to defend to the last drop of our bloud And seeing your Majesties Subjects have no other ends but such as serve for establishing of Religion and the peace of the Kingdome and are agreeable to the fundamental Laws thereof and to the articles of pacification And that the Parliament is the onely lawfull mean to remeid our evils remove distractions and settle a solide and perfect peace The sum of your Majesties subjects their desire is that your Majestie may bee graciously pleased to command that the Parliament may proceed freely and determine anent all these articles given in to them and whatever exceptions objections or informations are made against any of the particular overtures articles or proceedings of the Parliament wee are most willing and desirous according to your Majesties commandement for avoyding contestation about words to receive the same in writ and are content in the same way to returne our Answers and humble Desires After some questions moved by his Majestie and by some of the Committee which were answered by our Commissioners and all that past written by them immediatly by after their return to their lodgings from his Majestie The conclusion of that dayes hearing was that against the Kings returne from Hampton-Court they should show his Majesty their Instructions And after his Majesties returne upon the 8. of March they were commanded to be at Whitehall the next day thereafter at two of the clock in the afternoon where so soon as they did appeare before his Majestie He did call for their Instructions which they did exhibit and read Their power was called in question as being onely subscribed by some Noblemen and Gentlemen and as not flowing from the Parliament whereunto they did answer That their Instructions were warranted by the Parliament because they are relative to former Instructions given to the Earle of Dumfermeling and Lord Lowdoun which were subscryved by a great many Noblemen Gentlemen and Burgesses who were present sitting in Parliament and that their last Instructions are subscryved by these Commissioners who were appointed by the Parliament to make remonstrances to his Majesty and receive the returne of his answers who were authorized with Commission from the Parlîament to that effect All which our Commissioners did instruct And after long debating anent the validity of their power The particular dispute and reasonings whereof our Commissioners did for their memory put in writ The Kings Majesty said he would heare the particular reasons of their demands whereunto it was replyed that their demands were onely that the Parliament might proceed and ratifie the conclusions of the Assembly and determine anent the articles given in to them according to the Lawes of the Kingdome and articles of pacification And if there were any objections to the contrair they were ready to receive and answer the same in writ The King said It was his Commissioner behoved to give these and that his Majesty was to maintain his actions And thursday the 12. of March was assigned for their next hearing and the Kings Commissioner commanded to give his objections to them in writ against that time Vpon the 12. of March The King called for the power and warrant granted by the Parliament to these Noblemen and others who had subscryved our Commissioners Instructions which being contained in the declaration made by the Parliament his Majesty commanded the whole Declaration to be read did expostulat and quarrell the same as trinching upon his prerogative And diverse objections were proponed against the Declaration both by his Majesty and these of the Committee Which was answered by our Commissioners who did write what was reasoned and answered concerning that point and craved that what could be objected against that or any other of the Parliaments proceedings should be set down it writ whereupon the King commanded the Earle of Traquhair to set down the state of the question in writ which he did in maner following viz WHether are you warranted or instructed from Parliament to satisfie his Majestie anent his power of proroguing of Parliaments of himselfe and of his own Royall prerogative simplie and whether a Parliament thus prorogued simplie by his Majesties owne sole Royall power can or may sit before the time to which his Majestie hath prorogued the same And if you have no warrant nor instruction herein from the Parliament what is your owne private Judgement therein Likeas his Majesty commanded the Earle of Traquhair to give some other propositions and querees and the 16. of March was assigned to our Commissioners to give in their answers which propositions were delivered to them upon the day of March which are these viz Protestation given in at the first prorogation of the Parliament at least given into the Commissioner to be represented to his Majestie Act desiring the power of articles New augmentation of customes to bee discharged and no custome nor imposition to be imposed hereafter but by advice
of the Estates No change of the value of money or coynage thereof but by advice of Parliament Book of rates to be revised by Parliament The Castles of Edinburgh Dumbarian and Stirling to be intrusted onely to Natives and these to be chosen from time to time of honest men by advice of the Estates Act anent the Judicatorie of Exchecquer Because these propositions were delivered to our Commissioners without any objection against the same or querees concerning these demands They did require that if there were any querees to be demanded of them or any objections to be made against these or any other acts and propositions given in to the articles That the same might be set down in writ Wherunto it was answered That his Majesty was to make no propositions to them but that his Majestie being informed that such motions and propositions have been made either in face of the articles or to his Commissioner hath taken notice thereof as prejudiciall to his Majesties authority And therefore required them to show the reasons why they did demand the same Vpon the 16. of March when our Commissioners did appeare before his Majesty They did present their answers in writ to the former queree and propositions in manner following viz AS our power and instructions from the Parliament doe warrant us to show that their proceedings and desires are agreeable to the Lawes and practise of the Kingdome and to the articles of pacification So we are enjoyned particularly to answer all objections which either were proponed or which they conceived could be proponed against the acts and proceedings of the Parliament And as concerning any other question which was not moved in Parliament nor is against the articles and propositions given in to them As the same did not fall within the consideration of the Parliament So neither can it come within the compasse of our instructions as that whereunto wee have warrant to answer It is also to bee understood that the propositions and acts given in to the articles are not statutes but are onely proponed and given in to them to be prepared for the Parliament That the Parliament may enact or refuse the same as they shall find them expedient or inexpedient for the good of the Church and State And as concerning the queree anent the prorogation of the Parliament we are warranted by our instructions and informations to show that the prorogation of Parliaments of that Kingdome once being conveened in plaine Parliament and having chosen articles or entred on actions hath ever been done with consent of the three Estates as may be seene in the reigne of King James 6. Queen Mary K. Ja. 5. K. Ja. 4. K. Ja. 3. K. Ja. 2. K. Ja. 1. And so forth in all the printed and written Records of Parliament And they are confident that your Majestie will be graciously pleased to keep that order and forme of prorogation of Parliaments which all your most worthie and Royall Antecessours did Neither did the Parliament expect that your Majestie who did graciously grant this Parliament for establishing of Religion ratifying the conclusions of the Assemblie and settling the peace of the Kingdome and hath accordingly given an ample power under your Majesties broad Seale pro tentione observatione Parliamenti without any power or clause of prorogation or delay would require this Parliament to be prorogued without consent of the Estates of Parliament Till these things be performed which your Majestie was graciously pleased to condescend unto Where it may be objected That a Parliament was prorogued or continued De mandato Regis It is answered That proves the denomination of the act to be taken from the King But doth nowayes prove that the act was made without consent of the Estates more then that act of Parliament of K. Ja. 2. holden at Edinburgh the 28. of June 1450. fol. 33. Bearing that the three Estates did continue the Parliament without naming the King will inferre that the Estates wanted the Kings consent For it is usuall that the denomination of acts of Parliament is taken sometimes from the King onely sometimes from the Estates and sometimes from both And that the prorogation was done by act of Parliament is enough to prove it to be done with consent of the Estates And the Letter written by K. Ja. 6. in the Parliament May 1604. To the Lord Balmerinoch his Majesties Secretary That seeing the Parliament of England was continued therefore the Estates should continue the Parliament of Scotland which they did doth evince that the Parliaments were continued with consent of the Estates And having thus according to the instructions given to us showne the Judgement of the Parliament whose Language and mind wee ought now to speak and not our own privat opinions anent the forme and order of prorogation which hath been constantly observed in all preceeding Parliaments we doe so much tender your Majesties royall power and lawfull authoritie which we have solemnely sworne never to diminish as wee neither dare nor will presume to exceed our instructions to define what your Majestie may doe in the hight of your power For to dispute à posse ad esse is both against Law and Divinity And what ever your Majestie may doe in the hight of your power we hope your Majestie will ever bee graciously pleased to rule your Subjects according to Law the continuall practice whereof we have showne in this point neither know we any former Law or practice to the contrair And if any man hath informed your Majesty or affirmed that it is otherwayes affirmanti incumbit probatio As concerning that act whereby it is craved that the power of the articles may bee defined wee have direction and information from the Parliament to show the equity lawfulnesse and expediencie of that act which may easily bee perceived from the reasons contained in the narrative of the act it selfe which brevitatis causâ is referred thereto as also from the written records and printed acts of Parliament from the nature of all Committees and from the present estate and condition of the Parliament of that Kingdome For as it is cleare by the historie of that Kingdome and the records of Parliament that there was never such a thing heard of as Lords of articles untill the time of King David Bruce So it is manifest in all the printed and written records of Parliament since that time that many Parliaments had no Lords delegat for articles at all and when there was any chosen the nomination and election of them was ever with the common consent and advice of the whole Parliament till the Parliament in anno 1617. That the Bishops took upon them to remove out of plaine Parliament to the Inner-house and choysed some out of the Noblemen the Noblemen them and they two choysed the Commissioners to be on articles of Shires and Burroughs which as it was against the first institution form of election of al preceeding articles introduced by
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
fatherly compassion of his subjects who esteem no earthly thing more grievous to them then that their loyaltie to his Majestie should be called in question and their proceedings traduced may be pleased to allow you that favour to cleare them in publick before his Counsellours of both Kingdomes from these unjust imputations without acknowledging them as a Judicatory which you must alwayes decline You shall be earnest with his Majestie for obtaining a short day to be assigned for the sitting downe of our Parliament not onely for remeiding these great evils formerly knowne but also the confusion wherein the Subjects are cast by the copper-money lately coyned going at so high a rate far above the intrinsick value which being called down and up by the Councell within the space of eight dayes is made so questionable that scarce will any receive it till order be taken therewith That for such desires and motions as were made in articles and which the Commissioner required might be communicat with the King before the Parliament should determine thereof his Majestie being now acquainted therewith by his Commissioner may return the signification of his Royall pleasure there-anent lest the proceedings of the Parliament by reason thereof be longer delayed You shall beseech his Majestie with all earnestnesse in our names to bee pleased to trust no mis-report of our desires and actions till first he be pleased to communicate to us the Informations he hath received against us that so we may either clear the same or take the readiest way to give his Majesty all lawful satisfaction which may prevent all mistakings in time comming Seeing by the articles of pacification his Majesty was pleased to appoint a Parliament for removing the distractions and setling a perfect peace in this Kirk and Kingdome you shall therefore demonstrate many of these acts and over-tures presented to the articles whereat exception was taken were so absolutely necessar for that end as neither the causes could bee removed nor remedies applyed without them You shall remonstrate to his Majesty how that contrary to the articles of pacification whereby all things should have bin put in the like cōdition they were in before the late troubles The Castle of Edinburgh which had no greater number then 24. or 30. men allowed for keeping thereof is now furnished with six or seven score souldiers who have victuals provyded and laid in for a 12. month potpieces garnets fire-works and all other hostile furniture not fit for defence but for harming the Towne of Edinburgh notwithstanding the present Captaine professed hee desired no greater number of men then 60. for performing all dueties in keeping that place And that the Castle of Dumbartan is furnished in like manner and manned with Englishmen contrary to our acts of Parliament To answere the objections which either are proponed or which wee conceive can be proponed against the acts and proceedings of the Parliament according to the particular answers you have for that effect You are earnestly and humbly to intreat that the Kings Majesty having heard his Commissioner and you to the full may be graciously pleased to appoint the Parliament without any longer delay to sit down and determine all the articles given in to the Lords and others of articles whether they were past or referred or not past and to ratifie the conclusions of the late Assembly and for setling all such other things as may conduce to the publick peace and good of this Kingdome according to the articles of pacification and his Majesties Commission under the Great Seale And if any new propositions or challenges which were not proponed before and which may deepely concerne our businesse and whereof you have not any ground or warrant to make answer in your Instructions and Informations and which may necessarily require advice and answer from us before your returne in that you shall write or send to the Commissioners appointed by the Parliament to remaine at Edinburgh as you finde convenient to crave farder advice and instruction there-anent Seeing upon the relation of our proceedings wee heare there is a Parliament appointed to be in England which wee have this long time earnestly wished for as the remedy of many evills both for his Majesties good and the peace of the Dominions wee are confident they shall consider the estate of our businesse albeit wee and our Lawes are independant and different from them as they are from us wee are able to cleare to all who shall inquire in our actions and demands that they are agreeable to the Lawes and Liberties of our Kingdome and the duety of loyall Subjects and that wee never had nor have any intention to wrong his Majesties Princely power or lawfull authoritie nor with-draw our selves from that civill and temporall obedience which is due from us to our dread Soveraigne but meerly to preserve our Religion and Liberties of our Kingdome without which Religion cannot long continue in safetie You are to deale earnestly with his Majesty and humbly to beg at his hands that you may be quickly dispatched back againe that you may bee at home in Scotland betwixt and the 25. day of March next to come Sic subscribitur Lothian Dalhousie Balmerino Napeir Dundas of that Ilk Wachtoun Thomas Myrtoune of Kambo William Rig Sir David Murrey Sir George Stirling of Keir John Smith for Edinburgh Thomas Bruce for Sterling James Glen for Linlithgow Another particular is mentioned in the Declaration pag. 46. The neglect of a Ceremony and complement witnessing in our Commissioners the sense of his Majesties Grace and goodnesse in hearing them who had no power to accomodat affaires which how it was wee know not but his Majestie knoweth well that the Scottish Nation glorieth more in kindnesse and realities then in expressions by word or gesture they might also have interpreted a thanksgiving at that time when they were so serious to have been a losse or interruption in businesse or have feared the aspersion of glossing faining flattering which hath been put upon us before And it may bee that their sense was the lesse because they conceived their instructions to be full As they were obliged to the example of the Lord Marquesse of Hammiltoun named here for this good office so are we all longing for the happy time when our hearts shall be so far affected with the sense of his Majesties grace and goodnesse that our Supplications may bee turned in thanksgiving to God and the King our troubles into a firme peace and all our clamours and complaints into acclamations of joy at which time there shall be no want of Ceremonie thansgiving or gratulation from the whole Nation The third is That the answers of our Commissioners were impertinent c. pag. 47. And that the Lords of the English Councell were of opinion that our Commissioners ought not to bee heard till they should acknowledge that the Supreame magistrate must have authoritie to call and dissolve Assemblies and to have a negatiue voice
Commissioners subscription is declared to be one and the same with that of 1580. which giveth no warrant to such actions as ours are Where fiâ—st we desire it to be known universally that the Earle of Traquair his Majesties Commissioner did subscribe the Confession of Faith and Covenant with the explanation of the Assembly First in the house of Parliament in presence of the Lords of articles Septemb 6. both as Commissioner with the declaration made in the Assembly to be prefixed to his subscription and as Traquair simplie as other subjects have done Next that he subscribed the Covenant in the new house of Exchecquer as a Counsellour with other prime Lords of Counsell Roxburgh Lawderdaile Southesk and many others and that without any Declaration at all even the Marques of Huntlie shew his desire to subscribe with others but that he would have done it with protestation of his liberty outwith the Kingdome which the Ministers who were present to take the oath and subscription of the Lords could not admit But neither his Lordship nor any other pretended any scruple either in Religion or civill obedience to the King against their subscription so that neither in the Assembly nor in the Parliament-meeting of the articles nor at the Councell Table was there any suspition of treasonable combination against the King from this subscription Secondly if both that of the 1580. and this of 1638. be one then certainly this hath no more then that and that hath no lesse then this Neither is there any other difference of the one from the other but as was expressed in our Protestation Septemb. 22. 1638. such as is of a march stone hid in the ground and uncovered c. for this end and for giving full satisfaction to authority these words Wee have sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion c. but also that wee shall concurre with our friends and familiars in quiet manner or in armes as wee shall be required of his Majesty his Councell or any having his authority in every cause that may concerne his Majesties honour according to the Lawes of this Kingdome and the duetie of good Subjects c. are insert in the Supplication of the Generall Assembly first part of this representation pag. 48. Our third objection is That the demands proponed by us in Parliament are but matters in fieri which is so praegnant that it cannot be answered if it be considered as it was modestly proponed and very truly exponed by our Commissioners in their proceedings pag. 45 46. for many demands may be made to the articles which may be rejected by them and many things may be concluded in articles to be proponed to the Parliament which in face of Parliament being disputed may be judged inconvenient Demands are not definitions nor propositions to be accompted conclusions Things done by men must be in fieri before they be in facto esse every conception cometh not to the rypenesse to be a birth BY that which we have said we believe we are free before and in the Assembly and Parliament of insolencies and the heavy censures of Rebellion and Treason which are so ordinarily and at every other word thundered out that they are become the lesse formidable unto us who desire that all our actions and proceedings in this cause may be seen in their own colours and who are supported with this inward testimony that we fear God and still honour the King although nothing can proceed from us which will please our adversaries except we will follow their rules which are not unlike those of the Jesuits found at Padua when they were expelled the territory of Venice One of them was that men should take heed that they presse or inculcat not too much the Grace of God Another was that men must beleeve the Hierarchicall Church although it tell us that that is black which our ey judgeth to be white Vnto which we may adde the third invented by Ignatius Loyola of blinde obedience which we have no mind to practise because it is repugnant to the essence of the vertue of obedience which proceedeth from knowledge and election We intreat our adversaries to shew us in good earnest and not by way of railing In what sense have we incurred the censure of Rebellion and Treason in the Assembly as is alledged pag. 52. The Assembly was conveened by his Majesties authority countenanced from the beginning to the end by his Majesties high Commissioner all things were done with high respect to the Kings Majestie and with frequent prayers for his happines Nothing was put in deliberation till it was first proponed to his Majesties Commissioner nor any thing determined without his advice consent and approbation all was done in that order and decencie which this Nation out of use of Assemblies through the tiranny of Prelats usurping the jurisdiction of the Kirk could attain unto at the first or second time and all was closed with rejoycing in God and with many praises and prayers for the King under whose Majestie the Commissioner also had his own part And yet in the Assembly we must be guilty of Rebellion and Treason We cannot be mooved to think but the mitre of an usurping Prelat by the authority of a Nationall Councell may be thrown to the ground without the violation or smallest touch of the Crown or Scepter of Imperiall Majesty because we deny both the Tenets of the Romanists One that the temporall power of Princes is directly subordinat and subject unto persons Ecclesiasticall as having all power given them of God Another of such of them as are touched with a little shame that the temporall authority doeth not reside in persons Ecclesiasticall but is given unto them indirectly as necessar for the Spirituall which is but a shift and a difference of words what then should our judgment be of unlawfull and usurping prelats and popâ—lâ—ngs may be easily known by others or if need were made known by our selves if this were not a digression onely this much we intended that to dethrone a prelat and to over-turn prelacie we judge it no Treason against the King And so we come to the answer of the third part of the Declaration touching our faults since the Parliament Not three or foure but Ten transgressions and exorbitancies are here libelled against us The first three are the provyding of men munition and moneyes for our own defence which in us who are the Estates of a free Kingdome is held lawfull by the Law of God and Nature by our acts of Parliament by the practise of other reformed Kirks by the testimony of famous Divines by the assistance contributed by our own Princes to other Kirks and States invaded and distressed and we adde by the judgment of many amongst our selves who in the beginning of our troubles and before the late pacification had about this their own scruples wherein since considering what is done in England for
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
ordinar way in justice which they may use And if under the name of good subjects be meaned excommunicat persons who by the Laws of this Countrey should bee rebells and caption used against them which hath been desired by the Kirk and Countrey and refused and who also are the authours of all the evils have come upon this Kingdom none can give assurance for their indemnity who stands thus guilty and odious to the whole people To the twelfth it is answered in the answer to the sixt To the thirteenth the reason that the Magistrats of Edinburgh did not go on in the strictest way of justice in that businesse was because the Lord Thesaurer thought that the too strict going on in that matter might hinder his Majesties better service Likeas the Magistrates used all possible diligence to try who were the actours and having examined diverse of them who were alleadged to have been of that number they all denyed and no proof could bee had against them One whereof was the wife at the neather Bow and one Little a Barbour To the fourteenth this is denyed because to our knowledge no such exception hath been at any of these elections To the fifteenth there are none who are alleadged to have railed either in streets or in the Pulpits who shall not bee made answerable and lyable to the law for what they have spoken when they shall bee accused before the judge ordinar To the sixteenth it is denyed The seventeenth Balmerinoch was already cleared that he was not the cause of their stay and those that did stop them did it for the reasons contained in the paper herewith given in To the last as we are most unwilling to fall upon any question which may seeme to import the least contradiction with his Majestie so if it had not been the trust which wee gave to the relation of our Commissioners who did report to us his Majesties gracious expressions related daily to us at Dunce and put in note by many of our number which were a great deal more satisfactorie to us then the written Declaration the same would not have been acceptable which did call the Assembly pretended our humble and loyall proceedings disorders our courses disagreeable to Monarchicall government nor the castle of Edinburgh randred which was onely taken for the safetie of the towne of Edinburgh simply without assurance by writ of their indemnitie except for the trust we reposed in their relation and confidence in his Majesties royall word which we beleeve they did not forget but will bring those who did heare the treatie to a right remembrance thereof which paper was onely written for that cause lest either his Majestie or his Subjects should averre that they spake any thing without warrant After these answers were received by his Majestie and our petition of an Assembly and Parliament granted wee never did fear or imagine that we should be challenged any more of not performing on our part the articles of pacification yet is the accusation now renewed more odiously then before and our answers suppressed as if they never had been made or received which layeth a necessity on us to take a second view of both that our fidelitie in performing what in the integritie of our hearts was promised and our detestation of the wickednesse of falshood and breach of faith as contrarie to the clear and round dealing of our progenitors to the nature of the cause and truth for which we have run the hazard of all that we are and have in the world and to the duetie of faithfull Subjects may be known to all men who will not turn their back upon the Sunne and love not darknesse more then light How far we were from any scandalous protestation tending to his Majesties dishonour or to encourage the Subjects to mutinie with which we are burthened at the publishing of his Majesties will at the Camp before the disbanding of our forces and how unjustly this is laid to our charge will appear by the naked representation of what passed at that time First we witnessed our thankfulnesse for his Majesties justice and goodnesse and next our care to keep our selves from perfidiousnesse against God which cannot be dishonourable to the civil government and whereofour Commissioners made open profession before his Majestie Nothing was done at this time which was not done before at his Majesties Camp and which was not very many times acknowledged after by his Majesties Commissioner in the Assembly But the Paper will best speak truth Information against all mistaking of his Majesties Declaration LEst his Majesties Declaration of the date 18 June containing the answer to our humble desires presented by our Commissioners should bee either mistaken by the well affected or wilfully misconstrued by the malicious whereby his Majesties justice and goodnesse may be concealed or his Majesties good Subjects may appeare to have done or admitted any point contrair to their solemne oath and Covenant The Generall Noblemen Barons Burgesses Ministers and Officers conveened at Dunce before the dissolving of the Armie have thought necessarie to put in writ what was related to them by the Commissioners from his Majestie To wit that as his Majestie declared that he could not acknowledge nor approve the late generall Assembly at Glasgow for which cause it is called in his Majesties Declaration A pretended Assembly So was it not his Majesties minde that any of the petitioners by their acceptance of the said Declaration should be thought to disapprove or part from the same or condemne their owne proceedings as disorders and disobedient courses And therefore as they do intreat all his Majesties good Subjects with most submissive and heartie thanksgiving to acknowledge and confesse his Majesties favour in indicting a free Assembly to be keeped August 6. and a Parliament August 20. for ratifying of what shall be concluded in the Assembly as the proper and most powerfull means to settle this Kirk and Kingdome So would they have all his Majesties Subjects to know that by accepting the said Declaration and articles of pacification joyned therwith they did not in any sort or degree disclaime or disavow the said Assembly but that they still stand oblidged to adhere thereunto and to obey and maintain the same and for preventing all mistaking and misconstruction that so much be made known to all persons and in all places where his Majesties declaration shall be published which as it is his Majesties own minde expressed diverse times to our Commissioners so are we assured that it will serve much for his Majesties honour for the satisfaction of the godly and for the promoving of this blessed pacification for which all of us ought earnestly to pray to God to remember also our late oath and Covenant and to walk worthie of it And to beseech the Lord that by the approaching Assembly and Parliament Religion and righteousnesse may be established in the land 2. The paper containing some of his Majesties expressions in the
time of the Treatie which were put in the hands of the English and others and which we have remembred before in the own place hath suffered innocently For first it was the mean that brought about the pacification and gave some satisfaction to his Majesties Subjects against certain words and clauses of the Declaration which without that mitigation they would never have been able to digest 2. It did bear nothing contrarie to the articles of pacification but was a mollifying of his Majesties Declaration that it might be the more readie received by the Subject 3. It had been extreame and more then imaginable impudencie to put in the hands of the English Nobilitie a paper professing what was openly spoken a little before in their own hearing that it might be remembred afterward as occasion should serve and yet containing untruths and seditious positions contrary to all that was done for peace 4. When there was great murmuring and many exceptions taken at the words of the Declaration our Commissioners were carefull to remember every lenifying sentence and word which proceeded from his Majesties mouth and the hearers were no lesse carefull to note all with their pens which was by them related every man according as he was able to conceive And thus at first there were relations somewhat different one from another both in word and writ an evil very ordinarie at such times till our Commissioners joyning did bring all to their remembrance that neither more nor lesse might be written then was spoken and what was written might be delivered to some of the English ad futuram rei memoriam One thing it may be hath fallen further contrarie to his Majesties desire that the paper hath come to the knowledge of strangers which wee may aver hath not been done by us and which was impossible for us to avoid for our Commissioners to bring about the desired peace could not in their relations conceal his Majesties favourable expressions and those intended for our own tranquility coming in so many hands at home have possibly been divulged and unnecessarily carried abroad contrary to our intentions and desires This in the simplicity of our hearts we declare to be the plain truth of that which hath been before and is now so much noised And it is very likely that the smoak of the fire and the hand of the hang-man have carried it to the knowledge of many who would never have heard of it by the breaths or hands of others 3. As in gathering our forces our designe was for our own defence for his Majesties honor which would be speedily discerned if the enemies of this Kingdome who are taken for friends to the King were put to the tryal with us in another cause that did touch his Majesties honour So did we within the space of 48 houres the time appointed by his Majesty dissolve our army and upon his Majesties advertisment did also disband that one Regiment spoken of before in our first answers Concerning the Officers we were carefull both to observe that article of the pacification to his Majestie and also to keep promise to them which did binde us not to hold them in militarie pay but to vouchsafe them entertainment till they should be restored to their own or called to other service which ought not to be taken for any breach contempt or disobedience but for an observation of the law of nature and common equitie they being our own natives and having forsaken their places and means for defence of us and their native Countrey Lesse then this neither could they expect nor wee performe although the peace had been most firmly settled 4. All Forts and Castles were speedily restored and more strong and in better condition then before although they be now used for a terrour and for invasion against us the whole Ordinance put in the own place with the ammunition except a few Musquets and a little not considerable quantitie of powder which was spent and yet remitted to compt and reckoning All fortifications did desist Some part of the fortification of Leith was demolished for his Majesties satisfaction and the whole remitted by his Majestie to the town of Edinburgh as having right to the same 5 The nature and necessitie of our meetings was represented to his Majestie at the pacification we had neither keeped any before nor have keeped since but such as are warranted by the acts of Parliament law of nations and by his Majesties own permission for mutuall relief of our burthens which by this threatned invasion grow greater every day wherein nothing is done which either belongeth to the ordinarie judicatours of Councel or Session or which tendeth to the vexation of any of his Majesties Subjects but consultations had for our necessarie defence and such admitted to joyne with us as willingly offer themselves after their straying from us and from the cause which they now acknowledge they ought from the beginning to have maintained with us 6 We remember of no other fortification mentioned in the Treatie to be demolished but that of Leith neither do we understand what is meaned by this sixt accusation having given obedience in the greater wee would not have failed in the lesser to give all content 7. Some of the non-covenanters have not indeed entred in the possession of the houses and lands of his Majesties good Subjects which in the beginning they projected for themselves in the fancies of their heads and earthlines of their hearts yet none to our knowledge have been impeded after the pacification to return to their own houses and to live in peace although their provocations by secret dealing and writing against us and by their dayly boasting and raylings have been many whereof they will then repent themselves as others have done when they shall see their own follies and wanderings as birds from their nests 8. It is manifest by the eight article of this Manifesto that the Kings Majesty is highly wronged in his honour by such perverse instruments as have their hand in works of this kind against his loyall and loving Subjects For where his Majesty at the Camp was graciously pleased upon good reason and at the desire of our Commissioners to command the blotting of a clause out of the Declaration in these words For the Reasons contained in our former Proclamations which how materiall and important it was so many as are acquainted with those Proclamations can easily judge And likowise the Declaration was signed without it by his Majesties hand and now pag. 7. is printed without that clause for there it had been palpable yet in this our accusation this contentious pen hath dared against his Majesties mind to foyst and stuff in these words again that hee may make matters worse then they were at the beginning It would appear that he hath not been wel pleased with the blurring of the first draught and that either the malice of his heart or the conceptions of his brain swey him more then