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
Neverthelesse Wee professe before God and all the World that We never did nor ever will hinder them from the enjoying of their Religion and Liberties according to the Ecclesiasticall and Civill Lawes of that Our Kingdome and according to Our promise and their desires subscribed by themselves at the Pacification but that We will governe them as a just and religious Prince In assurance whereof if they will yet acknowledge their former crimes exorbitancies and in an humble and submissive manner like penitent Delinquents crave pardon for what is past and yeeld obedience for the time to come they shall still find that Wee will bee more sensible of their Conversion then Wee have been of their Rebellions and that We rather desire their Reformation then their Destruction But if they persist in their Rebellious courses and by that which they call the enjoying of their Religion and Liberties according to the Ecclesiasticall and Civill Lawes of that Kingdome will understand nothing but the trampling of Our Crown and Royal Authoritie under their feet and the endeavouring to subvert all Lawes and Religion as they have done hitherto by their proceedings in the Assembly and Parliament then We hold Our Self obliged in discharge of that duty which We we to God the Government which he hath entrusted to Us to have recourse to Our coercive power to prevent so many imminent dangers as threaten the publicke This We take God to witnesse We are necessitated to and shall not undertake without extreme sorrow and reluctation Neverthelesse We trust that God whose Vicegerent We are and by whom alone Kings reigne being likewise a God of truth and a severe punisher of all falshood and imposture will no longer suffer his glory to be despised and profaned in Our person by grosse Hypocrisie under the counterfeit habit of Religion but will arise and scatter His and Our enemies And for this noble English Nation whose glory it hath beene to have been governed many hundreds of yeers under a Monarchy We doubt not but they will as it becomes loyall and faithfull Subjects continue their affection to Us and Monarchicall government and not suffer themselves to be debauched and betrayed into an Anarchy by such as envie the happinesse they have so long enjoyed and the many glorious victories which they have atchieved under Kingly government but following the example of the Lords of Our Councel and of Our Servants will cheerefully assist Us in this Our just cause wherein Our Honour and Safety together with theirs are so highly concerned Our subjects in Ireland by their late Declaration in Parliament have not only given Us a considerable supply toward Our present Preparations to reduce Our disaffected Subjects in Scotland to their due obedience but have humbly offered Us their persons and estates even to the uttermost of their abilities for Our future supply in a Parliamentary way as Our great occasions should that distemper continue shall require And this they desire may be recorded as an Ordinance of Parliament and that it may be published in print for a testimony to all the world and to succeeding ages of their loyalty and affection to Us as it well deserves This is a singular comfort to Us in the midst of these distractions and We have no cause to doubt but Our Subjects of England who are neerer to the danger will shew the like tendernesse of Our and their owne honour and safety which will be no lesse contentment to Us and make Us as a Father of Our people take the same care of their preservation and prosperity that We shall of Our own And this We assure them in the word of a Prince We shall ever doe FINIS
CHARLES BY THE GRACE OF GOD Kinge of England Scotland France and Ireland defendor of the faith etc HIS MAJESTIES Declaration CONCERNING His Proceedings with His Subjects of SCOTLAND Since the Pacification in the Camp neere Berwick LONDON Printed by R. Young His Majesties Printer for Scotland and R. Badger Printer to the Prince His Highnesse M.DC.XL C R HONI SOIT QVI MAL Y PENSE By the King WE did make accompt that the Pacification which We were pleased to condescend unto the last yeare in the Campe neere Berwick and to grant to Our Subjects of Scotland even then when they were in the height of their rebellion and in the field in Armes against Us had given such demonstration to the world of Our inclination to peace and desire to spare the blood of Our people and to winne them to the obedience which they owe unto Us as that all misunderstandings had beene utterly taken away as they were on Our part and that such conditions as were then agreed upon should have beene really performed by them according to those bonds of Allegeance dutie and promise in which they stand obliged to Us. But We have since found to our unexpressible grief that Our Princely goodnesse and mildnesse in passing by that offence hath produced nothing but extreame ingratitude and insufferable insolencies against Our Government And farther by sundry libellous Pamphlets and most false and seditious discourses sent from Scotland and dispersed purposely in this Our Kingdome of England especially in our Citie of London that the cause of these disorders is sought to be shifted off from the Rebels in Scotland and most unjustly cast upon Us. Wherfore We hold Our selfe bound in that dutie which we owe to God and love to truth not to suffer Our honour to be thus betrayed and vilified by faction and rebellion but to vindicate it from all calumnie and clamour by giving hereby a cleare and just accompt to all the world of Our proceeding with Our Subjects of that Our Kingdome and of the most materiall and remarkable occurrents since that Pacification that so all those that are not partiall or will not wilfully shut their eyes against the truth may judge who they are that have beene the disturbers and infractors of the peace and that under the maske and visour of Religion seek to undermine and subvert all Monarchicall and civill Government Which accompt followes thus After We had beene some time in the Campe neere Berwicke and that Our Subjects of Scotland had encamped with their Armie in view of Ours upon an overture from them We were contented to condescend to the receiving of a Petition in which it is expressed that they falling downe at Our feet did most humbly supplicate Vs to appoint some of this Our Kingdome of England to heare by some of them their humble desires Which We having granted and severall meetings by those of both Kingdomes having been held at all which Our self to shew Our hearty and earnest desire to meet Our subjects in a peacable way were contented to be present much beyond their own expectation as they have since acknowledged and We are sure exceedingly beyond their merit at the last those of Scotland were commanded to make their demands in writing in which after they had presented their desires of which one was That the acts of the late assembly at Glasgow holden by Our Indiction might be ratified in the ensuing Parliament they professe It is their griefe that We should have beene provoked to wrath against them Our most humble and loving Subjects and that it shall be their delight upon Our gracious assurance of the preservation of their Religion and Lawes to give example to others of all civill and temporall obedience which can be required or expected of loyall subjects Whereupon We letting them know that for the better clearing of particulars We expected from them the grounds reasons of their desires but that We would not surprise them and therefore gave them time to come prepared with their grounds in writing The Lord Lowdon said Their desires were onely to enjoy their Religion and Liberties according to the Ecclesiasticall and Civill Lawes of the Kingdome and in clearing particulars they would not insist upon any that were not such This We willed him to set downe in writing under his hand which he did in these words Memorandum that our desires are onely the enjoying of our Religion and Liberties according to the Ecclesiasticall and Civill Lawes of His Majesties Kingdome To cleare by sufficient Grounds that the particulars which we humbly crave are such and shall not insist to crave any point which is not so warranted And that we humbly offer all civill and temporall obedience to Your Majesty which can be required or expected of loyall subjects Signed Lowdon To which We answered That if their desires were onely the enjoying of their Religion and Liberties according to the Ecclesiasticall and Civill Lawes of Our Kingdome of Scotland We do not onely agree to the same but shall alwayes protect them to the uttermost of Our power And if they shall not insist upon any thing but that which is so warranted We will most willingly and readily condescend unto it so that in the meane time they pay unto Vs that civill and temporall obedience which can be justly required and expected of loyall subjects This being the ground of the agreement on both sides We were pleased to proceed to a finall determination of this businesse which was brought to a conclusion upon the 17. of June 1639 And Our Declaration of that date conformable to these grounds was thereupon made which was not onely accepted by those that came in the name of all those of the Covenant but most humble thankes were given to Us by them for Our gracious answer vouchsafed to their Petition in the said Declaration which was fully agreed upon together with sundry Articles by all parties The Pacification thus concluded the Articles on both sides were to be performed accordingly Those on Our part were in the Declaration following We having considered the papers and humble petitions presented to Vs by those of Our subjects of Scotland who were admitted to attend Our pleasure in the Camp and after a full bearing by Our Selfe of all that they could say or alledge thereupon having communicated the same to Our Councell of both Kingdomes there present upon mature deliberation with their unanimous advice We have thought fit to give this just and gracious answer That though We cannot condescend to ratifie and approve the acts of the pretended Generall Assembly at Glasgow for many grave and weighty considerations which have happened both before and since much importing the Honour and Security of that true Monarchicall Government lineally descended upon Vs from so many of Our Ancestors yet such is Our gracious pleasure that notwithstanding the many disorders committed of late We are pleased not onely to confirm and make good whatsoever our Commissioner hath
granted and promised in Our Name but also We are farther graciously pleased to declare and assure that according to the Petitioners humble desires all matters Ecclesiasticall shall be determined by the Assemblies of the Kirke and matters Civill by the Parliament and other inferiour Iudicatories established by Law which Assembly accordingly shal be kept once a yeare or as shal be agreed upon at the Generall Assembly And for setling the generall distractions of that Our ancient Kingdome Our will and pleasure is that a free generall Assembly be kept at Edinburgh the sixt day of August next ensuing where We intend God willing to be personally present and for the Legall Indiction whereof We have given order and command to Our Counsell and thereafter a Parliament to be holden at Edinburgh the twentieth day of August next ensuing for ratifying of what shal be concluded in the said Assembly and setling such other things as may conduce to the peace and good of Our Native Kingdome and therein an Act of oblivion to be passed And whereas We are farther desired that Our Ships and Forces by land be recalled and all persons goods and ships restored and they made safe from invasion We are graciously pleased to declare That upon their disarming and disbanding of their forces dissolving and discharging all their pretended Tables and Conventicles and restoring unto us all our Castles Forts and Amunition of all sorts as likewise Our Royall Honours and to every one of Our good subjects their liberties lands houses goods and meanes whatsoever taken and detained from them since the late pretended Generall Assembly We will presently thereafter recall Our Fleet and retire Our land Forces and cause restitution to be made to all persons of their ships and goods detained and arrested since the aforesaid time whereby it may appeare that Our intention of taking up of armes was no way for invading of Our Native Kingdome or to innovate the Religion and Lawes but meerly for the maintaining and vindicating of Our Royall Authority And since that hereby it doth cleerely appeare that We neither have nor do intend any alteration in Religion or Lawes but that both shal be maintained by Vs in their full Integrity We expect the performance of that humble and dutifull obedience which becommeth loyall and dutifull subjects and as in their severall Petitions they have often professed And as We have just reason to believe that to our peaceable and well-affected subjects this will be satisfactory so We take God and the world to witnesse that whatsoever calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their disobedient courses is not occasioned by Vs but by their owne procurement These Conditions in this Declaration that referre to the time past have beene the most part of them already punctually complied with by Us that clause excepted in which We expresse We intended to have beene at the Generall Assembly at Edinburgh which yet being but an Intention We had assuredly performed but that We were diverted by the disorders committed by Our tumultuary Subjects in Edinburgh upon the persons of Our High Treasurer the Earle of Kinnoull Our Justice Generall Sir Iames Hamilton Counsellors of that Our Kingdome and diverse others Our good Subjects there which gave Us just cause to suspect that there could be no safety for Our Person among people inraged so immediately after Our clemency shewed to them in the Pacification But one of the greatest discouragements We had from going thither was the refusing of such Lords and others of that Nation whom We sent for to come to Us to Berwick by which disobedience they manifestly discovered their distrust of Us and it cannot be thought reasonable that We should trust Our Person with those that distrusted Us after so many arguments and assurances of Our goodnesse towards them The Articles of Pacification agreed upon were these The Forces of Scotland to be disbanded and dissolved within forty eight houres after the Publication of Our Declaration being agreed upon Our Castles Forts Amunitions of all sorts and Royall Honours to be delivered after the said Publication so soone as We should send to receive them Our Ships to depart presently after the delivery of the Castles with the first faire wind and in the meane time no interruption of Trade or Fishing We were graciously pleased to cause to be restored all persons goods and ships detained and arrested since the first of November then last past No Meetings Treatings Consultations or Convocations of any Our Lieges but such as are warranted by Act of Parliament All Fortifications to desist and no farther working therein and they to be remitted to Our Pleasure To restore to every one of Our good Subjects their liberties lands houses goods and meanes whatsoever taken or detained from them by whatsoever meanes since the aforesaid time On Tuesday the 18. of June those of Scotland came to Our Pavilion and there We signed the aforesaid Declaration and the Articles were signed by them who also signed another paper of submission to Us as followeth In the Camp 18. June 1639. In obedience to His Majesties Royall commands we shall upon Thursday next the 20. of this Iune dismisse our Forces and immediately thereafter deliver His Majesties Castles c. and shall ever in all things carrie our selves like humble loyall and obedient subjects Signed Rothes Dumfermlin Lowdon Dowglas Alex. Henderson A. Iohnstoun Those of Scotland did likewise further promise and undertake that Our foresaid Declaration should be read and published in their Army which was accordingly done by Lyon King of Armes of Scotland on Thursday the 20. in the presence of the Earle of Morton Sir Edmund Verney and Sir Iohn Borough Our Commissioners sent thither to see the same performed How these Articles have beene performed on their part comes now to be considered and will appeare by that which followes First whereas We by the publication of the Articles of Pacification expected that due respect and acknowledgment of Our authority which might have witnessed their Loyalty and sense of their thankfulnesse for so great and royall favour We found on the contrary that at the very publishing of it in their Camp the same was met with a Protestation so scandalous and dishonourable to Our Government as Our Subjects were thereby rather encouraged in their former mutinous wayes than reduced to that obedience which they promised Secondly they delivered into the hands of some of Our English Nobility and spred among others a scandalous Paper intituled Some Conditions of His Majesties Treaty with His Subjects of Scotland before the English Nobility are set down here for remembrance Wherein are contained such untruths and seditious positions and so contrary to that which was concluded in the Articles of Pacification as thereby it did plainly appeare that however they pretended a desire of peace yet they intended nothing lesse This false and seditious paper comming to Our knowledge was after by
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
singular and Princely favour to his Countrie and besought Us to accept his most humble thankes for it This drew them to do the like and so they presented their humble thanks to Us on their knees At the next meeting of the Committee the said Petitioners produced the paper above-mentioned subscribed by some of the Lords remaining at Edinburgh as aforesaid by which the Earle of Dumfermlin and Lord Lowdon onely were heretofore authorised to come and present their justification to Us which paper being read the whole Committee agreed that the Petitioners had no power by this paper no more then by the former to give Us any satisfaction or to oblige those from whom they came but onely to endeavour to justifie themselves and the former proceedings of the Parliament Of all this Wee were pleased to give accompt to Our whole Councell of England who unanimously concurred in opinion with the Committee that the above-mentioned papers gave them no power at all Neverthelesse Wee were contented according to Our promise to heare them and Wee did make objections to the most exorbitant of their demands but their answers were very impertinent and rather justifications of them then any way satisfactory Which could not be otherwise seeing those demands were for the most part so contrary to Law and Monarchicall government that they did answer themselves as by Our answers to them formerly set downe more particularly may appeare Concerning Our promise of a free Parliament no man of ordinary sense can imagine We ever intended it should be so free as not to bee limited with their owne conditions subscribed by the Lord Lowdon which were to enjoy their Religion and Liberties according to the Ecclesiasticall and Civill lawes of that Our Kingdome and if they passe those bounds as it is evident they have done We remaine dis-obliged unlesse they will have Us onely obliged and themselves left at all liberty to fly at Our Monarchicall government without controll to wrest the Scepter out of Our hand to rob Our Crown of the fairest flowers belonging to it and to destroy Our Regall power and authority as manifestly they have endevoured to doe by their insufferable intended Acts and Demands contrary to all law and reason If it be further objected that they assume this liberty by Our allowing of the Covenant and commanding Our former High Commissioner the Lord Marquesse of Hamiltoun and other Our subjects to subscribe it the answer is very ready That there is a great difference between the Covenant and Band subscribed by Our Commandment and their Band for that Covenant and Band was made by Our late Father King James of blessed memory Anno 1580. and obligeth those that sweare to it that they should mutually assist one another as they should be commanded by the King or any authorised by him But this new Band was made without Our consent and by it they sweare mutually to assist one another not excepting the King which is indeed a meere cunning combination against the King Besides when any have beene required to subscribe the Covenant as the Lord Marquesse Hamiltoun was and did and in that sense which he declared in print the principall Heads of them did not onely refuse it themselves but disswaded as much as in them lay all Our good subjects from subscribing it though the Covenant were all one with theirs and so acknowledged by themselves whereby it doth evidently appeare that it was not Religion they aimed to secure as they pretended for then they would have acquiesced with these Our commands but meerely by adhering to their owne Band to keepe Our Subjects in that condition as they might be alwayes tied and conceive themselves obliged by Oath to take up Armes against Us whensoever the time should be fit for a totall Rebellion which they have never left endevouring till they have brought to passe so that by Our approbation of the old Covenant and Band or by the subscription of Our Commissioner they can have no solid foundation to justifie their now proceedings and it will handly appeare that ever any Covenant was made in the Christian world except in cases of Rebellion and Treason as this is where the Head was left out or had not a negative voice Neither can the Earle of Traquair Our High Commissioner his subscription or allowance of the subscribing of the Covenant be any warrant for their rebellious courses seeing as appeares by their owne Petition to him they declare that Now following the laudable example of their Predecessors they doe humbly supplicate for the same and that they may bee allowed and warranted to subscribe it which cleerely evinces that what they did before and of themselves without warrant of Authority was neither laudable nor warrantable As also before the allowing thereof by the said Earle of Traquair it is acknowledged as appeares by that which is prefixt to his subscription that it is one and the same Covenant with that of 1580. which as appeares by the Reasons heretofore deduced will no way inferre any ground or the least shadow of reason for their treasonable combinations or taking up of Arms against Us or Our authority or any deniall of Our negative voice Now upon debate of this point at the Councell Boord the Lords were of opinion that untill the Petitioners sent from the Covenanters would acknowledge that the Supreme Magistrate must have authority to call Assemblies and to dissolve them and to have a negative voice in them as is accustomed in all Supreme Powers of Christendome they ought not to be heard If they shall alledge as they did when they came to the Committee that their Demands aforesaid were but matters in fieri and not absolutely resolved nor concluded it is to be answered That the impediment was not on their part that they were not concluded Nay the Lord Lowdon in his first speech to Us at the Committee did not onely justifie their proceedings in the Assembly and Parliament as agreeable to the Articles of Pacification and to the Lawes and practice of that Kingdome but did desire that We would ratifie and confirme those their proceedings and to that purpose command that the Parliament might proceed freely and determine anent all those Articles delivered in to them Howsoever good subjects ought to be wary how they come neere the suspition of Rebellion or Treason much more how they make Demands that carry with them more then a suspition of rebellious and treasonable intentions as these above-mentioned most manifestly doe Now besides the Insolencies and Acts of Rebellion and Treason above-mentioned committed before and in the Assembly and Parliament Wee cannot but observe and publish to the world that their carriage hath beene no lesse exorbitant since the Parliament and since the comming of their Petitioners hither then before for without any Authority or Commission from Us they have taken upon them to levie and raise forces in severall parts of that Our Kingdome in great numbers which they have continually
exercised and trained and have assigned them a Rendezvous and a day to be in a readinesse to march They have made provisions of great quantities of Artillery Munition and Armes from forraine parts which they have ready in Magazine to make use of against Us their Soveraigne They have of themselves laid taxes and impositions of ten markes in every hundred upon all and every Our Subjects according to their severall Revenewes to bee levied upon their Estates for the maintenance of this Rebellion and this they have exacted with the greatest rigour tyranny that can be imagined howsoever they pretend the contribution to be voluntary They have caused to be framed and published as well in Manuscript as in Print sundry false seditious and scandalous Papers and Pamphlets concerning Our proceedings with them and amongst others one intituled An Information from the Estates of the Kingdome of Scotland to the Kingdome of England c. which having come to Our knowledge Wee caused it to bee read publikely at Our Councell Table and the Lords in detestation thereof became humble suitors to Us that it might be supprest by Proclamation and burnt by the hand of the Hangman which hath been done accordingly They have refused the Lord Estrick Governour of Our Castle at Edinburgh timber and other materialls necessary for reparation of the workes lately fallen downe there notwithstanding Our expresse commandement by Our Letters to them upon their Allegeance to furnish him They have committed sundry outrages and violences upon the persons of some of the Garrison at Edinburgh that came out of the Castle to buy victualls They have begun to raise Workes and Fortifications against the said Castle thereby to blocke up that Our Royall Fort and to render it unusefull And they have fortified sundry other places in that Our Kingdome and particularly Inchgarrie where they have mounted divers Pieces of Ordnance They have lately imprisoned the Earle of Southeske one of Our Privie Councell and sundry others of qualitie for not adhering to them and for their fidelity to Us. And whereas Wee have upon sundry occasions signified Our pleasure to the Magistrates of Edinburgh for the performance of such things as have concerned Our service in stead of yeelding obedience they have made answer That they have delivered up the power of governing the Towne into the hands of the Committee of the pretended Tables by which they have not onely voluntarily disabled themselves to serve Us but have incurred the guilt of High Treason by conferring upon any that power of Government which they derive and hold from Us alone and cannot bee resigned to any other without Our speciall warrant and command But to fill up the measure of their Treasons they have endeavoured to settle Intelligences in parts beyond the Seas and practised to let in Forraine power into that Our Kingdome as Wee are able to make appeare under the hands of some of the chiefest of them as if the fire which by their owne Rebellions they have already kindled within the bowells of that State were not sufficient to consume it unlesse they added fuell to it from abroad And herein appeares first their malignity to Us their naturall Soveraigne in that they had rather prostitute themselves to a Forraine Government and that such as is different in Religion then yeeld conformity to Ours And then secondly Wee cannot but take notice that the interests and safety of Our Selfe and this Our Kingdome of England are highly concerned herein For if a Stranger once take footing in those Northerne parts it is not hard to judge how easily hee may bee invited by such guides as they and such an entrance as they will readily give him to draw neerer to this warmer Climate of the South and then how much the English Nation are likely to bee beholding to their Scottish Neighbours for such Inmates is left to every true English heart sadly to consider and in time to endeavour to prevent lest hee bee overtaken unawares by the mischiefe which threatens every one in particular and the whole Nation in generall and yet all this with them is Religion and Lawes But because the World shall see that Wee charge them not but upon very good and sure grounds Wee have thought fit to set downe here their owne Letter Of which We have given Our good Brother the French King accompt being confident hee will not assist any Rebells against Us. The Letter followes with this endorsement Au Roy which in France is alwaies understood from those Subjects onely to their naturall Prince SIRE Vostre Majesté estant l'asyle sanctuaire des Princes Estats affligéz nous avous trouv̄ necessaire d'envoyer ce Gentilhome le Sieur de Colvil pour representer a V.M. la candeur natueté tant de nos actions procedures que de nos intentions lesquelles nous desirons estre gravēes escrites à tout l'wuivers avec un ray du Soleil aussy bien qu' a V. M. Nous vous Supplions doncques treshumblement Sire de luy adjouster foy creance a tout ce qu'il dira de nostre part touchant nous nos affaires estans tresasseurés Sire d'une assistance esgale a Vostre clemence accoustumeé cydevant si souvent monstrée a ceste Nation laquelle ne cedera la gloire à autre quelconque d'estre eternellement Sire de V.M. Les treshumbles tresobeyssants tresaffectionnés serviteurs Rothes Montrose Leslie Mar. Montgomery Loudoun Forrester Englished thus SIR Your Majestie being the refuge and fanctuary of afflicted Princes and States wee have found it necessary to send this Gentleman M. Colvil to represent unto Your Majestie the candor and ingenuity as well of our actions and proceedings as of our intentions which we desire to be engraved and written to the whole World with a beame of the Sunne as well as to Your Majestie We therefore most humbly beseech You Sir to give faith and credit to him and to all that he shall say on our part touching us and our affaires being most assured Sir of an assistance equall to Your wonted clemencie heretofore and so often shewed to this Nation which will not yeeld the glorie to any other whatsoever to be eternally Sir Your Majesties most humble most obedient and most affectionate servants Rothes Montrose Lesly Mar. Montgomery Loudoun Forrester Now these affronts to Our Government dangers to Our State which have no relation at all to Religion Law but in the violation of them both have necessitated Us to put the forces of this Our Realme in order and Our Selfe into a condition to be able by Gods help to vindicate Our safety and honour against all those that under pretence of Religion and Law have already risen or shall rise up against Us and to preserve and keep in safety Our good and loyall Subjects and to take care that the gangrene bee cut off before it spread too farre to the endangering of this Our Kingdome of England