they protested that nothing done or to be done in Parliament should be valid except the forme of electing the Articles heretofore observed were altered every Estate allowed to choose their owne Articles contrary to the forme kept in former Parliaments for many yeares as will cleerely be evinced by the Records and will be made appeare by persons of all qualities yet living who assisted at the Parliaments and were members of the same in the Yeare 1612. and 1609. and contrary to the provisions and conditions mentioned in the Act 1587. By their Act likewise concerning the defining of the power of the said Articles they presse totally to subvert the frame and power therof The Articles have been as is acknowledged by themselvs ever since K. David Bruce his time which is about 300. years and by the Lords of the Articles all businesses are prepared and from them brought to the Parliament as appeares by divers Acts of Parliament and particularly by the fourth Parliament of K. Iames 6. Cap. 218. in which for eschewing of confusion and impertinent motions all Propositions to be made in Parliament are to be delivered to the Clerk Register and by him presented to the Lords of the Articles that all frivolous and improper motions may be rejected which ancient Constitutions they would subvert by the aforesaid Act. So by the Act concerning the Constitution of the Parliament in time to come they urge and thereby strive totally to alter the frame of the Parliament and to confound and take away the third Estate wherein the Civill power of Kings is so much concerned as Our Father and all His Predecessours in former Parliaments both in time of Popery and since the reformation of Religion have beene most carefull to preserve and maintaine the Dignity Honour and Priviledges of the third Estate as appeares in Anno 1560. when all Church-Jurisdiction in the persons of Bishops is alledged to be abolished and in Anno 1587. when all the Temporalties of Benefices were annexed to the Crowne the Clergy retained still their Vote in Parliament and represented the third Estate and the Civill power and priviledges of the Church were still preserved and againe ratified as appeares by the first Parliament of K. JAMES 6. Cap. 24. and by diverse Acts of Parliament Anno 1587. 1597. 1609. By all which and diverse other Acts of Parliament it does cleerely appeare how much the Kings Our Predecessors have conceived their Civill Power and the Honour of their Crowne to be concerned in the maintaining and upholding of the Honour Dignity and Priviledges of the three Estates Nay by a speciall Act made in the time of K. JAMES 6. Parliament 8. Cap. 130. it is declared Treason to impugne the authority of the Parliament and three Estates or to procure the innovation of the power and authority of the same three Estates or any of them and We would willingly know how they or any of them can deny but that they have sought the breach of this Act and so are guilty of Treason and liable to the punishment thereof Concerning the Act which they call Rescissory they do not onely thereby seeke to take away the third Estate which is Treason as aforesaid but to annull many other Acts formerly made in favour of the Crowne and farther to barre Us in a manner totally from Assembly or Assembly businesse and cut Us off from all those powers in Civill affaires which in the Court of that Kingdome are in consequence hereupon by which it is evident how farre they would trench upon Regall power and how different it is from their promise which was to desire nothing that is not warranted by Law For the Act of Oblivion in the narrative and whole streyne of it as it is formed and desired by them to be past in Parliament they seeke to justifie themselves in all their proceedings and instead of an Act of Oblivion for which they petitioned Us at the Campe they urge an Act which amounts to a Justification to be recorded in the Bookes of Parliament altogether contrary to the nature of an Act of Oblivion and to that which ever heretofore hath been desired in like case as appeares by the Act of Oblivion in Anno 1563. And whereas by the Act of Pacification restitution is ordained to be made to every one of Our good Subjects of their liberties lands goods and meanes whatsoever taken and detained from them by any meanes since the aforesaid time this is not onely not yet performed but as appeares by the binding part of this Act it is never intended And as by the abovesaid act of Oblivion so by their Act of Reliefe they depart from that which was condescended to at the Campe for whereas upon their humble desire We were graciously pleased by a Commission dated at Berwick 2. of July 1639. to allow them the libertie of convening and meeting untill a certaine day for distributing of their pretended charges amongst such as should willingly condescend thereunto they have not only without Our warrant kept their Conventicles and Tables since the expiring of the aforesaid Commission contrary to the positive lawes of the Kingdome and the Act of Pacification and their owne acknowledgement in petitioning for the aforesaid Commission but by their said Act of reliefe they doe most impudently urge upon Us that by an Act of Our Royall Power all Our good Subjects who in the late troubles and Commotions did adhere to Us and shew themselves ready to defend Our Royall Authority should bee made equally if not more lyable to the defraying of their pretended charges So by the Act it selfe We are pressed to justifie and authorise all their Rebellions and Treasons and to constraine the innocent and those that have suffered most for being faithfull and loyall to Us to contribute to those Rebellions and Treasons then which there can be nothing more Tyrannicall nor contrary to Justice and Our Honour Concerning their demands although in all their Petitions Declarations and Remonstrances they professe that they will never incroach upon Soveraigntie nor diminish Our Royall Authority yet notwithstanding by their demands made in Parliament and the reasons of them given to Our selfe they strike at the very roote of Our Regall power For they desire First that the Coyne be not medled with but by advice of Parliament That no stranger be entrusted with keeping of Our Castles nor other person put in them but by advice of the Estates That no Patent of Honour be granted to any stranger but such as have a competencie of land-rent in Scotland That no Commission of Justiciary or Lieutenancie may be granted but for a limitted time They protest likewise against the Precedencie of Our Lord Treasurer and Lord Privie Seal because as they alledge the same is not warranted by a positive Law All which though they are so essentially belonging to Us as their King that for the most part they answer themselves yet We have thought it not unfit to give the
world this satisfaction concerning them And first for the Coine It is a prerogative most peculiar to the Crowne and none can meddle with it but by Our consent without incurring the punishment of High Treason as it is in all Kingdomes In the second and third there lurketh a great deale of Malignity and Poyson and they are intended meerely against the English whom they would accompt strangers as appeares by the exception lately taken by those of Edinburgh to those English sent by Us to the Castles of Edinburgh and Downebarton This is a most dangerous and seditious practice to raise againe the partition wall betweene the two Nations and to divide them thereby to awaken those ancient Nationall animosities which have beene most happily laid asleep by the blessed union of the two Crownes And besides the great dishonour to the English that they should not be held worthy to enjoy any dignities or priviledges in Scotland as well as the Scots doe in England It is an injurie to themselves For it is most just that by the same rule the Post-nati of Scotland who are now admitted here to all Dignities Priviledges and Offices and doe enjoy them as freely as any English whatsoever should be likewise excluded from them for which most of their Countreymen here would give them little thankes But what Religion there can be in shewing themselves such Incendiaries We leave it to the world to judge To the fourth Some of themselves have obtained from Us the heritable Rights of Justiciary over a considerable part of that Our Kingdome and why Our power should be more limitted to others then to them We understand not To the fifth No man that is not a Traytor can deny that the source and fountaine of all honour is in Us and that it is a prime branch of Our Crowne to distribute honours Dignities and precedeneies to whom We please and besides the Chancellour of that Our Kingdome holds his place and precedency without any warrant or positive law but meerely from Our immediate and inherent power and therefore why not Our Treasurer and Privie Seale as well as He They further boldly demand the rescinding the Acts of Parliament concerning the Civill government namely the Act concerning the Judicatorie of the Exchequer the Act concerning Proxies the Act concerning confirmation of Ward-lands by which they would overthrow both Our Government and Revenew When We found them thus pertinaciously resolved to persist in these their insolent and unsufferable demands contrary to all Religion and Lawes though they so much pretend them both We signified Our pleasure to Our Commissioner the Earle of Traquair to this purpose That whereas it did evidently appeare unto Us that the aime of divers of Our Subjects was not now for Religion as they have alwayes pretended for it was manifest by the proceeding of Our said Commissioner how willing We had beene to give satisfaction both in Assembly and Parliament touching all such things as were promised by Us or sued for by them under that name of Religion And that We did perceive by many new strange Propositions that nothing would give them content but the alteration of the whole frame of the Government of that Kingdome and withall the totall overthrow of Royall Authority We held it must now be Our care and endeavour to prevent that which did so neerely concerne Us in safety and Honour and if thereupon we should immediately command the dissolving of the Parliament it were no more then justly might be expected from Us. Neverthelesse such was still Our tendernesse of their preservation and of the establishment of a perfect peace in that Our native Kingdome as We were pleased rather to prorogate the same and to heare such reasons as they could give for their demands Wherfore We commanded Our said Commissioner to prorogate the Parliament untill the 2. of June next ensuing and that since they had disputed it by Our authority only We holding it no way fitting that any assent of theirs but obedience should be had to that act which doth so properly belong to Us as their King and if they should presume to protest sit still and disobey this our Royall command Our further will and pleasure was that Our said Commissioner should discharge their so doing under paine of Treason But in case of their obedience and dissolving according to Our command then We did require Our said Commissioner to declare unto them that We would not only admit to Our presence such as they should send unto Us to represent their desires and the reasons of them but would likewise as We were always ready to do punctually perform whatsoever We did promise In the interim We commanded himselfe with all convenient speed to repaire hither and to bring with him all that had passed or had been demanded both in Assembly and Parliament that so we might not only be more perfectly inform'd of all proceedings but likewise consult with him and those of our Councel what course would be best for the preservation of Our honour and the happy accommodation of this busines This Our command being signified to the Parliament by Our Commissioner was not assented unto without a Protestation which they call a Declaration of the Parliament to this purpose That Whereas John Earle of Traquair His Majesties Commissioner honoured with a most ample Commission according to His Majesties Royall word having closed the Assembly and sitting in Parliament with them a very long time for debating and preparing such Articles as were to be represented in face of Parliament did now take upon him and that without the consent of the Estates and without any offence on their part who have endeavoured in all their proceedings to witnes their loyalty to the King and duty to His Grace as representing His Majesties sacred person to prorogate the Parliament upon a private warrant procured by sinister information against His Majesties publicke Patent under the Great Seale c. whereby hee heavily offends all His Majesties good Subjects and endeangers the peace of the whole kingdome for which he must be lyable to His Majesties animadversion and to the censure of the Parliment this being a new and unusuall way without president in this Kingdome contrary to His Majesties honour so farre engaged for present ratifying the Acts of the Kirke contrary to the lawes liberties and perpetuall practice of the Kingdome by which all continuations of Parliament once called convened and begun to sit have ever been made with expresse consent of the Estates as may be seen in the Reignes of sundry Princes c. Jac. 6. Qu. Mary Jac. 5. Jac. 4. Jac. 3. Jac. 2. Jac. 1. Therefore wee the Estates of Parliament c. are constrained in this extremitie to manifest and declare c. that as wee have not given the least cause or smallest occasion of this unexpected or unexemplified Prorogation so wee judge and know the same to be contrary to the constitution and practices of all
preceding Parliaments contrary to the liberties of this free and ancient Kingdome and very repugnant to His Majesties Royall intentions promise and gracious expressions in the Articles of the late Pacificà tion c. And wee doe further declare that any Prorogation made by the Commissioners Grace alone without consent of the Parliament by himselfe or any Commissioner in his name under the Quarter Seale or by the Lords of the Councell who have no power at all in matters of the Parliament during the sitting thereof shall be ineffectuall and of no force at all to hinder the lawfull proceedings of the Subjects and the doers thereof to be censurable in Parliament And further wee declare that the Commissioner his nomination of the Articles by himselfe his calling together those Articles and commanding them to sit continually and proceed notwithstanding their daily Protestations to the contrary his keeping frequent sessions of Councell and determining causes in Councell during the time of session in Parliament his calling downe and calling up of money during the session of Parliament without consent of the Estates of Parliament notwithstanding the Parliament had taken the money to their consideration and had purposed to have given their advice for a determination thereanent his frequent prorogating of the riding of the Parliament without consent of the Estates or mentioning in the Acts of Prorogation the consent of the Articles although it were done by their advice are contrary to the liberties of the Kingdome freedome and custome of Parliament and that they be no preparatives practiques nor prejudices in time comming against us or our successors But because we know that the eyes of the world are upon us that Declarations have been made and published against us c. that our proceedings may be made odious to such as know not the way how these commandements are procured from His Majestie nor how they are made knowne nor intimate to us and doe as little consider that wee are not private Subjects but a sitting Parliament or what nationall prejudices we have sustained in time past by mis-information and what is the present case of the Kingdome We therefore declare that whatsoever by the example of our predecessours in like cases of necessity by His Majesties Indiction and by the Articles of Pacification wee might doe lawfully in sitting still and which in this extreme necessity were justifiable not onely before so just a King but to the faces of our Adversaries yet out of our most reverend 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 wee have resolved for the present onely to make remonstrance to His Majestie of the reason of our propositions and proceedings in this Parliament c. and in expectation of His Majesties gracious answer to these our humble Remonstrances 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 and further to remonstrate our humble desires to His Majestie upon all occasions that hereby 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 more especiall manner but meerly to preserve our Religion and Liberties of the Kingdome without which Religion cannot continue long in safety And if it shall happen which God forbid that after wee have made our Remonstrances and to the uttermost of our power and duty used all lawfull meanes for His Majesties Information that our malicious enemies who are not considerable shall by their suggestions and lyes prevaile against Informations and generall Declarations of a whole Kingdome we take God and men to witnesse that wee are free of the outrages and insolences that may be committed in the meane time and that it shall be to us no imputation that we are constrained to take such course as may best secure the Kirke and Kingdome from the extremity of confusion and misery Which Declaration above written wee the Estates of Parliament required the Clerke to insert in the records thereof and grant extracts thereof under his hand and subscription This Declaration was produced and read in the outer house of Parliament upon Decemb. 18. 1639. according whereunto the Nobility nominated and appointed the Earles of Lothian and Dalhouse the Lords Yester Balmerino Cranston and Naper The Barons nominated the Commissioners of the three Lothians Fife and Tweddell The Burroughes nominated the Commissioners of Edinburgh Linlithgow Sterline Hadington Dunbarre to attend at Edinburgh the returne of His Majesties gracious answer to their humble Remonstrances In this Protestation or Declaration though there be a specious shew and sundry professions of obedience to Us yet it is evident they have wounded Our Authority in the person of the Earle of Traquair Our Commissioner who did nothing in that Prorogation but by Our speciall commandement and therefore for that they cannot censure Him without reflection upon Us And besides it is positively affirmed that any Prorogation made by the Commissioner alone without consent of the Parliament shall be ineffectuall and of no force which necessarily implies that Wee have no power to prorogue whereas the contrary is most manifest truth And though upon Our command there was a shew of Prorogation yet they continued part of their Body at Edinburgh upon pretence of receiving Our answer to their Remonstrance which if it shall not be to their liking they conclude with a menacing Protestation that It shall be no imputation to them if they be constrained to take such course as may best secure the Kirke and Kingdome from the extremity of confusion and misery having first taken God and Men to witnesse that they will be free of all outrages and insolencies that may bee committed in the meane time then which nothing can be more boldly and insolently spoken After this these divided members of that distracted Parliamentary Body remaining thus at Edinburgh did send the Earle of Dumfermlin and the Lord Lowdon as their Deputies to make their Remonstrance to Us but because We understood that they came without warrant or licence from Our Commissioner and had not acquainted Him with what they were to propound unto Us We held this like the rest a great and insufferable disobedience and would not admit them to Our presence comming in this manner and so commanded them to returne without hearing them Then Our Commissioner came hither and made a report to Us of the state of Our affaires there with which We thought fit to acquaint the Lords of Our Councell of England as also with this carriage of the Parliament in Scotland and to advise with them what was to bee done for redresse of
these disorders Whereupon Wee commanded Our said Commissioner the Earle of Traquair to make relation to the Boord of all their exorbitant demands of which some accompt had been formerly given them by the Lord Marquesse Hamiltoun Upon this Our command the Earle of Traquair made a large and exact representation to the Boord of the most considerable matters proposed and agitated in Parliament and of the insolencie of their demands and the Petitioners themselves sent from Scotland have since their comming to Us insisted upon all and every particular of Our said Commissioners relation and in a most bold way offered to justifie them all by which they have more then justified the report of the said Earle of Traquair Whereupon We were further pleased to acquaint the Lords that they had lately sent Us a Petition which carried some shew of submission and humility but was indeed nothing lesse wherein they desired that some might be allowed to come from them to Us to represent their affaires which to make Our Subjects of Scotland the more inexcusable Wee todl the Lords Wee had granted though Wee had little cause to hope for any good from those that had so much forgotten their duty and allegeance to Us. When the Lords had heard the relation of Our Commissioner Wee thought fit upon the whole matter to put this question to them Whether considering the insolencie and height of these demands even concerning civill obedience it were not fit to reduce them to their dutie by force rather then to give way to these demands so prejudiciall to Us in honour and safety To this Wee commanded every one of Our Councell to give his answer and to declare his opinion by vote which was accordingly done and they unanimously voted in the affirmative whereupon soone after We resolved to call a Parliament After this Our Subjects in Scotland according to the answer We gave them upon their Petition having sent up hither foure Deputies viz. the Earle of Dumfermlin the Lord Lowdon Sir William Douglas and Master Berkeley We were pleased to admit them to Our presence and to receive Petitions from them which were after by Our direction subscribed by them in one of which they in the name of the Assembly convened at Edinburgh gave Us thankes for that Wee had made knowne to them that all matters Ecclesiasticall should be determined in free nationall Assemblies and matters Civill in Parliaments and desired Our ratification of the Constitutions of the Assembly in Parliament And in the other they desired to bee heard before Us and some of Our Councell of both Kingdomes and that the report made by the Earle of Traquair to Our Councell here in England might be delivered them in writing under his hand which was a most insolent demand Immediately after this Wee thought fit to appoint a speciall Committee of some of Our Councell to heare them and accordingly gave order to the Earle of Traquair to assigne them a day to come to that Committee They refused to come alledging that they had order and instructions to treat with none but Our Selfe Whereupon Wee appointed them to attend Us at the Committee though it were the day of Our appointed remove to Hampton Court at which time they did attend Us accordingly There the Lord Lowdon made a long speech the effect whereof was a Protestation of the independencie of the Parliament of Scotland and that it is subject to no other Judicatory a profession of their loyaltie and affection to Us and a justification of their proceedings in the Assembly and Parliament as agreeable to the Articles of Pacification and to the Lawes and Practices of that Kingdome and thereupon a desire that We would ratifie and confirme those their proceedings and to that purpose command that the Parliament might proceed freely for the determining of all the Articles delivered in to them and the establishing of Religion and Peace in the Kingdome undertaking that whatsoever objections or informations should be made against their proceedings in Parliament if they might receive them in writing they would make answer to them This discourse ended Wee demanded what power and commission they had to give Us satisfaction and to oblige those from whom they came seeing if they had none Wee should heare them upon great disadvantage they expecting satisfaction from Us who have power to give it but they none to render the like to Us. They answered that which they should propose being agreeable to Law they were confident would give Us satisfaction We asked who should be Judge of that They answered the Lawes would be so cleere that there should be no need of a Judge and though We insisted much hereupon they would give Us no other satisfaction they avowing they had powers and would bring them to Us they were ordered to doe so at the next meeting and so for that time were dismissed After Our returne from Hampton Court they attended Us at the Committee againe where they produced Instructions signed by some Scottish Lords and others persons of no great eminencie which Instructions having been read were judged by Us all the Committee concurring in the same opinion to be no commission nor that they had any power or authority by them to give Us satisfaction or to oblige those from whom they said they came to any thing that Wee should yeeld to or desire Wherefore We demanding whether they had any other powers they said they had a paper formerly subscribed by some of the Lords in Parliament by which the Earle of Dumfermlin and Lord Lowdon onely were authorised to come and present their justification to Us and they could for the present have no other the Parliament now not sitting Whereupon Wee advising seriously with the Committee what were best to bee done in this weighty businesse and considering that if they should bee dismissed without further hearing they would take occasion to clamour Although Wee held Our Selfe bound neither in Honour nor Justice to heare them any further they having offered no foundation for an accommodation nor having power to doe it yet to the end that no colour of sinister construction might be left and that Wee might justifie Our Selfe to God and the World that Wee have omitted nothing on Our part that might tend to peace and to the settling of a better intelligence between Us and them Wee did resolve that Wee would continue to heare them and make Our objections to such particulars as had been proposed in Parliament and against which Wee had just ground of exception that so it might appeare whether they could give Us that satisfaction which they promised and presumed This Wee having declared to them not one of them made shew of the least sense of this Our grace and goodnesse so expressed to them which the Lord Marquesse Hammiltoun observing tooke occasion of himselfe to say that though hee were not of their companie yet being a Scottishman hee held himselfe obliged to acknowledge with all humility this Our