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
Par. 4. cap. 21. Par. 6. cap. 46. Par. 7. cap. 50. Par. 8. cap. 64. Par. 13. cap. 93. Item K. Ja. 4. Par. 1. cap. 2. Par. 2. cap. 17. Par. 5. cap. 55. Item K Ja. 5. Par. 7. cap. 99. Item K. Ja. 6. Par. 1. cap. 17. Item in the unprinted acts of K. Ja. 6. Par. 5. anno 1578. Par. 7. cap. 106. Par. 8. amongst unprinted acts an 1584. Item in his 13. Par. an 1593. amongst the unprinted acts And such like in printed acts of his Par. 15. cap. 249. Par. 16. c. 9. And in the Parliament an 1633 holden by your Majesties self There is commission given in Parliament to the secret Councel and other Commissioners anent the frequent course of Dollars and base copper money by reading of which acts It is most manifest That the fynnesse weight and price of money hath been ruled and determined by your Majesties predecessours and your Majesties self with advice of Parliament neither is it meaned nor intended that your Majesties royall priviledge which hath beene and is due to your Majestie and your royall antecessours shall thereby in any fort be trinched upon nor impared The reason of that article whereby it is humbly craved that the castles of Edinburgh Dumbartan and Striviling may be intrusted onely to Natives and these to be chosen by advice of Parliament of such faithfull and honest men as do tender your Majesties honour and the safetie of the Kingdome may be seene not onely from the nature and importance of the charge but likewise from the former practise of your Majesties royall predecessours who did dispose of these castles with the speciall advice and counsell of their Parliament as is recorded in the old Registers of the Parliament 1368. Likeas fol. 83. of the old acts K. Ja. 4. It is concluded by advice and deliverance of the three Estates That Patrick Lord Haills be keeper of the castle of Edinburgh and artilerie of the same c. Item fol. 21. cap. 35. K. Ja. 6. in the old acts The three Estates ordaines the castle of Dumbar and fort of Inchkeith to be demolished and destroyed that no foundation remain thereof Likeas by diverse unprinted acts as in anno 1578. and 1585. and 1606. Your Majesties houses hath beene disposed of with advice of Parliament And not onely nationall statutes but the common law of nature and Nations do forbid the receiving of strangers to bee keepers of the strengths of a free Kingdome And when the Parliament of Scotland 1604. gave commission anent the Union with England with exception of reserving of free Monarchie and the fundamentall laws liberties and priviledges of that Kingdome Your Majesties father in his printed speech to the Parliament of England 1607 when he interprets that clause of fundamental laws declares that hee could not make Scotland a naked Province without libertie and set Garisons over it as the Spaniards do over Cicilie and Naples or govern them by Commissioners So that his Majestie in his owne interpretation doth acknowledge that the putting in of Garisons especially of strangers as of English men in the Forts and Castles of Scotland as the King of Spain puts in Cicilie and Naples or as the King of England puts English in the Forts of Ireland is a breaking of the fundamentall laws and liberties of Scotland and the using of it like a naked conquest Province like unto Cicilie Naples or Ireland And as your Majesties Subjects gave an undoubted proofe how tender their mindes are in the point of obedience to your Majesties commandements not onely in delivering of the Castles to be disposed of at your Majesties pleasure without any assurance other then their confidence in your Majesties goodnesse and justice so have they of late given a verie submisse and rare testimonie of their obedience in the humble reception of these strangers and ammunition which your Majestie was pleased to send to the Castle of Edinburgh where the honours of the Crown and Kingdome and registers are keept preferring their obedience to your Majesties cōmandment to their own safety even at this time when their ears are filled with rumors of hostill preparation against them All which makes them and us in their names humbly to supplicat and expect that your Majestie will bee graciously pleased by recalling of that Garison to free your loyall subjects of these feares and dangers who will ever be ready to hazard their lives and fortunes to do your Majestie service Neither doe they in the act which is given in to the articles arrogat or assume power by themselves to appoint keepers for your Majesties Castles but do humbly crave that your Majestie may out of your goodnesse be graciously pleased to declare for further satisfaction of your Subjects that the Captains and Commanders of your Majesties Castles may bee chosen by advice of the Estates of Parliament And that such as shall happen to be placed betwixt Parliaments may beetryed and found by your Majesties Councell to be men of such qualitie as are fit and able to undergo that charge which in the judgement of the Parliament derogats nothing from your Majesties royall power As for reasons of the act anent the judicatorie of the Exchequer we have set down some few of the many reasōs which do sufficiētly prove the equity justnes therof 1 The Session and Exchecquer are distinct judicatories and not subordinat one to another and cannot be coincident in the same object And therefore seeing the question of right and nullitie of rights is competent to be decyded by the Lords of Session by way of action or exception it is altogether incompetent to be discussed by the Lords of Exchecquer 2 The Lords of Exchecquer are incompetent judges in a declaratour of nullitie by way of action and consequently cannot annull any right by way of exception which is a more summar way And it were absurd in law seeing the subject and question is one whether proponed by way of exception or action that incompetent judges of the action they should have a more absolute and summar jurisdiction by way of exception 3 It appears by an act of Parliament not printed 1593 intituled Commission to the Exchecquer anent decyding suspensions in the Kings cause that before the said act the Exchecquer had not power to decyde in suspensions while it was given them by the Parliament farre lesse then can it be thought that they ever had or can have power to decyde in the point of heretable rights Neither doth the late act 1633 authorize the Exchecquer to decyde therein expresly And if it bee truely considered some generall words contained therein intermixt with the particular cases therein exprest should not nor cannot be extended to so high a point as the disputing and decyding of the Subjects their heretable rights Likeas at the making of the said late act the Lords of Session having heard some surmize that your Majesties Advocat was giving in such an act seven or eight of them
conveened together and sent for the Advocat who assured them that there was not nor should not bee any such thing but that the act should be conceived in so clear terms that it should not be possible to draw in under any part thereof a power to the Lords of Exchecquer to dispute let be to decyde in heretable rights And as the Subjects heretable rights and infeftments are by this act saved from being decyded or annulled by incompetent judges so your Majestie is no wayes prejudged thereby seeing the Lords of Session who by the laws of that Kingdome are proper and competent judges of heretable rights and infeftments may and will decyde any questions which may concerne your Majestie the nature tenor and validitie of any heretable right After reading and debateing of the former answers and agitation anent the Earle of Traquaires carriage in Parliament in refusing these things therein till whereunto he had consented in the Generall Assembly Especially that act of Assembly of the date the 17. of August whereby Episcopacie and the civill power and places of Kirkmen was condemned as contrary to the Confession of faith and constitutions of that Church And declared to be unlawfull and removed out of that Church and Kingdome and all the subjects by act of the Assembly with the Commissioners consent ordained to subscryve the Confession of faith with the Assemblies explanation Our Commissioners as they at the closure of all their hearings did humbly crave That his Majestie would be graciously pleased to command the Parliament to proceed and ratifie the conclusions of the Assembly and passe such other acts as were necessar for establishing Religion and the peace of that Kingdome And did require that his Majestie would signifie his pleasure concerning the desires of the Parliament and did urge their dispatch showing his Majestie the danger and prejudices which might result from delay But his Majestie commanded them to attend his time and leasure and appointed the 23. of March for the next hearing And that all farther propositions and demands which were to be made to them would be given in to them in writ that they might answere the same against that time Vpon the 20. day of the foresaid moneth of March about six a clock at night The Earle of Traquair sent to our Commissioners these propositions following PRotestation against the Thesaurer and privie seales precedencie That their giving way to the Thesaurer and privie seal should not prejudge them of their right The act anent the constitution of the Parliament in time coming being by the articles remitted to his Majestie to be considered till the next Parliament was thereafter questioned by some of the Nobilitie and Barons who orged the same to be brought in in open Parliament without any such reference Article craving every Commissioner of the Shyres to have a severall voice Article craving the Parliament to choose their owne Clerke or to have two of every Estate joyned with the Register and that all acts voiced in Parliament be immediatly subscryved by two of every Estate Article for every Estates choosing of their owne Lords of articles Act discharging proxies Article against the book intituled a large Declaration Commissioners of Shyres to give a roll of freeholders out of which the Justices of peace are to bee chosen Act anent the disorders of the North. Articles craving the Councell to be subalterne and censurable by the Parliament No patent of Nobilitie to be granted to any but such as have Ten thousand markes of yearely Land rent No taxation to be granted but in plain Parliament Act of pacification Article craving particular Commissions of Justiciarie and leiveteinandrie to be discharged Article in favours of Sheriffes and Stewards onely to be obliged to produce horning for the taxation Patent of making powder to be discharged Act discharging remissions for slaughter and theft but upon satisfaction to the partie Act discharging protections Act of common relief Article craving the act 1633. ordaining that confirmations and infeftments of Ward-lands shall not prejudge the Kings Waird to be repealed Act discharging the duetie payed to the Conservatour upon the coale Article craving the ammunition and armes brought in since the beginning of these troubles to be free of custome Article anent the election of the president of the Session and admission of the Judges presented by his Majestie Act craving Statesmen being Noblemen to have but one voyce His Majesties warrant for Master William Hay his deputation in his fathers place opposed by the rest of the Clerkes Vpon the 23. day of March the subsequent answers were presented to his Majestie by our Commissioners to these former propositions viz THe protestation made by some Noblemen that their giving way to the present Thesaurer and privie Seales precedencie should not prejudge them of their right Carries the reason of the protestation in it self Because in Law and practise it is usuall to any who conceive themselves prejudged even in these things where acts of Parliament passes against them To protest multo magis in such a case as this is it lawfull for them to protest That their giving way to that which they conceive hath no Law for it should not prejudge their right which is onely craved prout de Jure The act anent the constitution of the Parliament remitted by the articles to be considered by your Majestie till the next Parliament was questioned and urged that the same might bee brought in open Parliament without any such reference for diverse reasons First because in that act there was a clause craving it might be enacted that there should bee stataria parliamenta once in two or three yeares at least at which clause of the act so soon as it was understood by the proponers and ingivers thereof that your Majestie might conceive the same to derogat from the freedome of your royall power of indicting Parliaments when your Majestie pleased They did passe from that part and clause of the act And albeit it may easily bee demonstrat from the prejudice which your Majesties ancient and native Kingdome susteines through want of your royall and personall presence and their living at so farre a distance from the place of your Majesties residence how requisite it is that there bee frequent Parliaments holden in that Kingdome yet lest the desires of your Majesties subjects might seeme in any wayes to trench upon your authoritie they did passe from that part of their desire and did onely insist that there might bee a right constitution of the Parliament and that an act might be past for rescinding and repealing of such former acts of Parliaments as repugne the acts and conclusions of the Assembly which is conceived to be so absolutelie necessar as there neither can be a valide Parliament without the same nor can the acts and conclusions of the generall Assembly be ratified which to refuse were both contrar to the principall end for which the Parliament was indicted and against your Majesties royall
of that article or act craving the Councell to be subalterne and censurable by the Parliament Is from the warrant of former Lawes cited in the act it self wherein there is no more craved but that the former acts of Parliament against leasing makers and makers of division betwixt the King and his Subjects may bee revived And that the Councell and Session may bee comptable to your Majestie and the Parliament for any injustice shall happen to bee committed by them Where it is alledged there was one article That no taxation should bee granted but in plaine Parliament we remember of no such article or motion proponed As concerning the act of pacification The warrant and ground thereof flowes from the humble petitions and remonstrances of your Majesties Subjects wherein they did cleare their loyaltie and made offer of their civill and duetifull obedience to your Majestie And which by their humble supplication to your Majesties Commissioner and Lords of Councell and to the Estates of Parliament insert and registrat in the records thereof They have againe solemnely renewed And from your Majesties favour in condescending to the articles of pacification wherein your Majesty was graciously pleased That an act of pacification or oblivion should be past And in the narrative of the Act it selfe there is one humble and thankfull acknowledgement of your Majesties goodnes and Justice and is drawne up in such termes as was conceived might best expresse your Majesties fatherly care and goodnesse toward your ancient and native Kingdome without wronging the true and loyall meaning and intention of your Majesties Subjects And as for the body and legall part of the act the same was after much debating framed with advyce of Lawyers and consented unto by the parties chiefly interessed As to that article anent particular commissions of Justiciarie and Lievtennandrie all which was intended or desired thereby was That the abuses of these commissions might be in all humilitie represented to your Majestie by your Commissioner And that your Majestie might be graciously pleased to grant the like commissions onely upon weightie and necessar causes and to endure onely during the time of necessitie and the ingivers of the act was content to have it reformed that way As concerning that act given in for sheriffes and stewards craving that they might only be oblidged to produce hornings for the taxation It is not a new desire but that which hath been craved by them in diverse former Parliaments And they think that production of horning against the persons lyable in payment should bee an exoneration to them because they alledge they want many of the casualities and benefices which Sheriffes had of old by vertue of their office As concerning the proposition which was made anent the patent for making of powder All that wee remember was craved by the in-givers of that article was that in respect the Earle of Linlithgowes patent was voyde by a clause irritant in his patent whereby he was oblidged to keep the Works going and which are now decayed and the Countrey frustrate of the benefit and profit which might have accressed to them through that commoditie That therefore it might be allowed to any who were most fit and able to undergo the worke to make powder As concerning the act given in for discharge of remissions for murther slaughter theft but upon satisfaction to the partie All that was intended or craved thereby was onely That the heavie prejudices redounding to the Countrey by remissions purchased upon misinformation might be by supplication presented to your Majesties consideration That by your Majesties goodnesse and justice the like inconveniences in time coming may be prevented As for that act craving discharge of protections there was nothing craved thereby but the reviving of two former acts of Parliament viz the 47. act Parl. 11. and 13. act of the 23. Parl. K. Ja. 6. without any derogation to your Majesties power or authoritie which was done with the Commissioners consent Likeas it was recommended to him to represent the same to your Majestie with the reasons thereof The reason of the act of common reliefe is Because as the blessings of Religion and peace which from your Majesties happy governement and fatherly affection to your Majesties ancient and native Kingdome especially at this troublesome time are common benefites whereof every good subject ought to be sensible So is it agreeable with reason and justice that according to their interest every one may contribute a proportionall part of the charges which hath been spent for so good ends and the ordinar cause for which taxations are granted are ad relevationem imperii ob conservationem libertatis ac dignitatis ac religionis vel ob utilitatem communem subditorum wherefrom albeit some be averse yet the consent and voices of the most part should oblige for these ends whereunto your Majesties consent and royall authoritie is humbly craved to be added that the same may flow from your Majesties goodnesse and Justice and have execution to inferre payment thereof seeing the whole Commissioners of Shyres and Burrowes and the whole Nobilitie very few excepted are content freely and willingly to make offer of their proportionall part thereof As for that article craving the act 1633. ordaining that confirmations and infeftments of Waird lands shall not prejudge the Kings Waird to bee repealed There was no dispute nor conclusion made there-anent in articles neither as we remember was it craved by that article that the act 1633. bee repealed simply but that the meaning of that act may be explained and interpreted As for the article or act anent the duetic payed to the conservatour upon coale The same is craved to bee discharged by the coal-masters because it was an unlawfull exaction which he had no warrant to exact by his gift which was instructed in articles by production of his gift whereupon the act was past in articles The desire craving ammunition and armes brought in to be custome-free is warranted in Law in so farre as the commodities either expected or imported for the particular use of Noblemen Barons and Free-holders which are for their owne use and not to be sold againe are by act of Parliament declared to be custome-free As concerning the article anent the election of the President of the Session and admission of the Judges presented by his Majesty There was no new thing craved thereby but the ratifying and approving of the 39. act Par. 6. K. Ja. 6. 1579. And that allanerly in so farre as concernes the freedome of election to be made by the Senatours of the Colledge of Justice of the president thereof without any other clause of the said act Neither doth the act given in beare any thing concerning the admission of any other Judges presented by your Majestie As for that article anent Statesmen being Noblemen to have but one voice we remember nothing of any such question As to the last proposition Concerning the opposition made by the rest of
other in the next and ninth Session by their writs given in to the assembly that they had deep sorrow for exercing the office of Episcopacie in the Diocesse of Orknay and Dunkeld against the word of God the confession of faith and constitutions of this Kirk for which they earnestly called for mercy from God and that they renounced that office in all time coming as is expressed at large in their poenitentiall bills put upon record in the books of the assembly From this assembly there were two Supplications directed one to his Majesties Commissioner against a book called A Large Declaration concerning the late tumults in SCOTLAND After it was examined by the appointment of the assembly and found to be dishonorable to God and his true Religion to this Kirk and Kingdome and diverse eminent persons in the Kirk and Kingdome and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions All which tend after a speciall manner to the dishonour of the Kings Majesty our dread Soveraigne and of his Majesties high Commissioner the Marques of Hammiltoun upon whom it is unjustly fathered as is contained at length and particularly in the censure of the book registrat in the records of the assembly which were long here to put in print and therefore we have only insert the Supplication The Supplication of the Generall Assembly to his Majesties Commissioner against a book called A large Declaration WEE the Members of this present Assembly for our selves and in name of the severall Presbyteries Burghes and Universities for which we are Commissioners Resenting the great dishonour done to God our King this Kirk whole Kingdome by the book called a large Declaration have heere represented the same to your Grace and have collected some amongst many of its absurd and grosse passages That from the consideration thereof your Grace perceiving the intollerable evills foresaids contained therein may be pleased to represent the same to our gracious Soveraigne and in our behalse humbly to beseech his Majestie so much wronged by the many foull and false relations suggested and perswaded to him as trueths and by stealing the protection of his Royall name and authoritie to the patrocinie of such a book To be pleased first to call in the said book and thereby to shew his dislike thereof Next to give commission and warrant to cite all such parties as are either knowne or suspect to have had hand in it and to appoint such as his Majestie knowes to bee either authors informers or any wayes accessarie being Natives of this Kingdome To be sent hither to abyde their tryall and censure before the Judge ordinary And in speciall Master Walter Balcanquell now Deane of Durhame who is knowne and hath professed to bee the author at least avower and maintainer of a great part thereof That by their exemplar punishment others may bee deterred from such dangerous courses as in such a way to raise sedition betwixt the King and his Subjects Gods honour may be vindicate from so high contempt his Majesties Justice may appeare not onely in censuring such malefactours but in discouraging all such under-myners of his Throne his loyall and loving Subjects shall be infinitely contented to bee cleared before the world of so false and unjust imputations and will live hereafter in the greater security when so dangerous a course of sedition is prevented And so will have the greater and greater cause to pray for his Majesties long and prosperous reigne The Supplication was received by his Majesties Commissioner and read in Councell and promise was given to impart the same to his Majesty and to return his Majesties answer Another Supplication was directed from the assembly to his Majesties Commissioner and the Lords of Secret Councell concerning the subseriving of the Covenant which together with the acts of Councell and assembly ordaining the same to be universally subscribed and with the Lord Commissioners particular declarations touching the act August 17. and touching the subscribing of the Covenant we have now from the Registers of the Kirk put in print that all men knowing our proceedings may have their scruples removed and may with equall judgment consider how far we are wronged The Supplication of the Generall Assembly to his Majesties Commissioner and Lords of Secret Councell WEE the Generall Assembly considering with all humble and thankfull acknowledgement the many recent favours bestowed upon us by his Majestie and that there resteth nothing for crowning of his Majesties incomparable goodnesse towards us but that all the members of this Church and Kingdome be joyned in one and the same Confession and Covenant with God with the Kings Majestie and amongst our selves and conceiving the maine lett and impediment of this so good a worke and so much wished by all to have been the informations made to his Majestie of our intentions to shake off civill and duetifull obedience due to Soveraignity and to diminish the Kings greatnesse and authoritie and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an union and for clearing of our loyaltie We in our own names and in name of all the rest of the Subjects and Congregations whom we represent do now in all humilitie remonstrat to your Grace his Majesties Commissioner and to the Lords of his Majesties most honourable privie Councell and declares before God and the World that wee never had not have any thought of with-drawing ourselves from that humble and duetifull subjection and obedience to his Majestie to his government which by the descent and under the reigne of 107. Kings is most chearfully acknowledged by us and our Predecessours And that wee never had nor have any intention or desire to attempt any thing that may tend to the dishonour of God or the diminution of the Kings greatnes and authoritie But on the contrair acknowledging our quietnes stabilitie and happinesse to depend upon the safetie of the Kings Majesties person and maintenance of his greatnes and Royall authoritie as Gods Vice-gerent set over us for the maintenance of Religion and ministration of Justice Wee have solemnely sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion and to the uttermost of our power with our meanes and lifes to stand to the defence of our dread Soveraigne his person and authority in the preservation and defence of the said true Religion Liberties and Lawes of this Church and Kingdome But also in every cause which may concerne his Majesties honour shall according to the Lawes of this Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in armes as wee shall be requyred of his Majestie his Councell or any having his authority and therefore being most desirous to clear our selves of all imputations of this kind and following the laudable example of our
to his Majesty All this was done immediatly after the confession of faith was subscribed by his Majesty and his houshold in January and was commanded to bee subscribed by the Subjects in March so that there can be no question about the intention and meaning of King Councell and Assembly in the point of the discipline of the Church mentioned in the confession of faith Yet One thing is mainly objected to prove that his Majestie and his councell did not intend the abjuration of Episcopacie In the yeere 1571. there was a solemne agreement between the Commissioners of his Majesties Councell and the Commissioners of the Generall Assembly that during the Kings minoritie or without a contrary order from Parliament there should be Archbishops and Bishops Deans Chapters Abbots and Priors their office and forme of election the oath taken by them at their admission the restitution to their Temporalities were all particularly agreed upon This agreement in the yeare 1571 was in precise tearmes confirmed by his Majesty and Councell in the yeere 1581. when the Covenant was commanded to bee sworne by the Subject and therefore it cannot be conceived that his Majesty and Councell did in the same yeere give order to abjure Episcopacie wherein they took such speciall care to confirme it Ans For answering this objection we are to consider first that in the yeere 1571 January 12. there was indeed a convention of Superintendents Ministers and other Commissioners for consulting about the governement of the church but that convention was not a Generall Assembly of the Church for the Register calls it onely a Convention and not an Assembly the ordinary Assembly was holden at Saint Andrewes in the same yeere 1571 March 6. according to the appointment of the Generall Assembly the yeere before This convention was procured by the Court for worldly ends especially that titles of Bishops Abbots and Priors which were not proper in the persons of Noblemen might be given to Kirk-men or Ministers with some small portion of the benefice that the noble men themselves might reape the benefite of the Rent which was the cause of the Scottish name of Tulchan Bishops at that time a name not improper for them a Tulchan in our language being the skin of a calfe stuffed with straw and set up beside the Kow to make her give milk to the owner 2. Although that convention at Leith was not a Generâ—ll Assembly yet did it not appoint those Bishops by it selfe but gave power to seven of the number or any foure of them to conferre with the Regent some of the Lords of secret Councell who did agree upon the office of Archbishops and Bishops Deanes and Chapters within the bounds of Dioceses c. which was of lesse authority in a matter of so high importance then if it had been their own doing 3. The articles and conclusions agreed upon by the Commissioners of his Majesties Councell and that convention were not approven in the next ordinary Generall Assembly holden at Saint Andrewes March 6. 1571. the Generall Assembly at Perth 1572. was not only offended with the names of Archbishops Deanes Archdeacons Chancellours c. as sounding to Popery but also declared that they did not approve that order of Church governement but did tolerat the same allanerly till a more perfect should be obtained for which they laboured afterward at all occasions So that the conclusions of that meeting at Leith 1571. never had the authority of this Church but were disclaimed by it During the time of this toleration many complaints were made in the Assemblies against Bishops and in the yeere 1573. and afterward some were appointed by the Assemblies to conferre with the Regent and Lords of secret Councell upon the jurisdiction and policie to bee continued and established in the Church till at last after many disputations and much reasoning the matter was brought to a finall conclusion the office of Bishops was abolished and Presbyteriall governement established Next concerning the act of Councell in the yeere 1580. confirming the agreement at Leith we answere 1. That the Councell lawfully could not confirme that agreement introduce Episcopacie or change the governement of the Kirk contrary to the acts of so many Generall Assemblies keeped from the yeere 1571 to 1580. wherein the policie and governement of the Church was so expressely set downe 2. The act of Councell was never published nor made known to the subject nor heard of in this cause till this time wherein no other thing can be alledged for salving of Episcopacie from abjuration 3. This act of Councell was posterior to the command for subscribing the confession of faith for the act was made in October 1581. and the commandement came forth in March many moneths before 4. No such intention was professed when the charge was given for subscription neither could the confession of faith in any sense beare the conclusions of that agreement these offices and the forme of their election being damned as Popish in the Assembly before no man will marvell much at such an act of Councell who knoweth what other acts passed that yeere in Councell and who is not a stranger in the history of that time the perusall and knowledge whereof will both shew how suddenly Covenants have been broken and will easily give satisfaction against all mistakings of this kind to so many as desire to know the trueth AGainst this our abjuration of Episcopacie first and last our adversaries arise with great hate strength and fight with tooth and naile for upon the one hand Episcopacie must be asserted by no other then by divine right and Hierarchie maintained not only as tollerable and lawfull but as necessary and divine Although before this time neither our own Doctors and Prelats nor the English have been so peremptory bold about this point for while some of them have maintained Episcopacie by divine authority yet others have been more ingenuous confessing it only to be grounded upon ancient custome and therefore to be an humane invention or Ecclesiastick tradition And a third sort different from both will have it to be Apostolick Again some of them make the forme of Kirk government to be universall and perpetuall and others hold it to be locall and conformable to the civill policy Thus have they been divided one of them from another But in this exigence and point of time one must undertake for all to cry up Episcopacie as coming from Heaven not from the earth even as it hath the altitude of fixed superiority the latitude of spirituall jurisdiction And why because we have abjured it and our Assemblies have found it unlawfull in this Kirk this was their modesty of expression desiring more to reforme at home then to be busie abroad for which they find no more courtesie nor lesse acerbity of spirit then if they had given out a generall sentence concerning the government of the Kirk It is not for us nor for this naked relation
seen betwixt the declaration which was made by us in the Parliament-house and that which was printed by his Majesties authority we mean not escapes of the Printer but willfull errours of the Author that no man may any more be ignorant how far the King there and the Kingdome here are abused we suppose the Reader to be honest and judicious that we need not insist in exponing the causes why such and such parts of our Declaration are left out and therfore will content our selves to describe the words and clauses which are past over in a smal Character The Declaration of the Estates of Parliament concerning the prorogation of the Parliament c. WE Noblemen Barons and Burgesses Commissioners of shyres and Burrowes conveined in this suprcame Court of Parliament by his Majesties solemne indiction and holden by John Earle of Traquair his Majesties high Commissioner do with all dutifull and loyall respect unto the Kings most Excellent Majesty and with our best affections to the preservation of the Body of this Kingdome which we now represent make known that where contrary to the malignant disposition and the wicked devises and practises of some of our disnatured Countreymen and their complices his Majesties face did not only begin to shine upon us to the calming of all these tempests and troubles which were at fiâ—st raised by their own inventions and innovations of Religion but his Majesty did also with advise of the Counsâ—llours of both Kingdoms declare and assure that it was his Royall will and pleasure for afterward That all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliament and other inferiour judicatories established by Law which was and is the summe of our whole desires and therfore was pleased to indict a free Generall Assembly to be conveined at Edinburgh the 12 of August for setling the peace of the Kirk and a Parliament to be holden 26. August for ratifying the constitutions of the Assembly and for setling such other things as may conduce for the peace and good of the Kingdome And because his Majesty could not be present in his own Royall person which was our earnest desire and had been our great delight It pleased his Majesty so far to tender the minds of his well meaning subjects as to promise unto them a Commissioner instructed with full power to bring matters to a finall conclusion both in Assembly and Parliament against all fears offrustration and jealousies of prorogation or delayes And forsameekle as John Earle of Traquair his Majesties Commissioner honoured with a most ample Commission according to his Majesties Royall word having closed the Assembly and having sitten with us in Parliament a very long time for debating and preparing such articles as were to bee presented in face of Parliament doth now take upon him and that without the consent of the Estates and without any offence on their part who have endeavoured in all their proceedings to witnesse their loyaltie to the King and duety to his Grace as representing his Majesties sacred person to prorogate the Parliament upon a private warrant procured by sinister information against his Majesties publick Patent under the Great Seale and that upon pretence of a clause in the Commission under the quarter Seal which was only for fencing continuing of the Courttill the down-sitting of the Parliament and that even by representation of the Estates who now being present themselves cannot be represented by Commissioners but doe directly dis-assent which warrant is now expyred in it self and is not renewed under the quarter Seal whereby hee doth heavily offend all his Majesties good Subjects and indanger the peace of the whole Kingdome for which he must be lyable to his Majesties Royall animadversion and to the censure of the Parliament this being a new and unusuall way withour precedent in this Kingdome contrary to his Majesties honour so farre ingaged for present ratifying of the acts of the Kirk contrary to the Lawes Liberties and perpetuall practice of the Kingdome by which all continuations of Parliament once called conveened and begun to sit have ever been made with expresse consent of the Estates as may bee seen in the reigne of K. Jam. 6. Q. Mary K. Jam. 5. K. Jam. 4. K. Jam. 3. K. Jam. 2. K. Jam. 1. and so forth upward in all the printed and written Records of Parliament contrair to the publick peace both of the Kirk and Kingdome which by reason of the present condition therof and the great confusion like to ensue cannot endure so long delay and which is to the advantage of our malicious adversaries who for their own ends are uncessantly seeking all occasions by dividing betwixt the King and the Kingdome to bring both to utter ruine and desolation THEREFORE Wee the Estates of Parliament out of our zeale to acquite our selves according to our place both to the Kings Majesty whose honour at all times but especially conveined in Parliament we ought to have in high estimation and to the Kingdome which we represent and whose Liberties shall never be prostitute nor vilâ—fied by us are constrained in this extremity to manifâ—st and declare to all men who shall hear of our proceeding that as we have not given the least cause or smallest occasion of this unexpected and unexemplified prorogation So we judge and know the same to bee contrair to the constitution and practises of all preceeding Parliaments contrair to the Liberties of this free and ancient Kingdome and very repugnant to his Majesties Royall intentions promises and gracious expressions in the articles of the late pacification which we trust will be no sooner presented to his Majesties equitable consideration but the adversaries who have informed against us shall be driven from his Majesties presence and receive their deserved recompence of reward And wee doe further declare that any prorogation made by the Commissioners Grace alone without consent of the Parliament by himselfe or any Commissioner in his name or under the quarter Seal or by the Lords of the Councell who have no power at all in matter of the Parliament during the sitting thereof shall be ineffectuall and of no force at all to hinder the lawfull proceedings of the Subjects and the doers thereof to be censurable in Parliament And farther we declare that the Commissioner his nomination of the articles by himself his calling together these articles and commanding them to sit continually and proceed notwithstanding their day lie protestations to the contrair his keeping frequent Sessions of Councell and determining causes in Councell during the time of the Session in Parliament his calling down and calling up of money enduring the Session of the Parliament without consent of the Estates of Parliament notwithstanding that the Parliament had taken the money to their consideration and had purpose to have given their advice for a determination there-anent his frequent prorogating the ryding of the Parliament without consent of the Estates or mentioning
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
in them c. If their answers did give the reasons of the demands in Parliament as it may appear by their proceedings they did in so many of them as were controverted for other demands there was no just exception against them as is acknowledged Declaration Pag. 45. 47. they were not impertinent but satisfactorie although they did not satisfie our adversaries who were determined to receive no satisfaction but in the overthrow either of our Religion and Liberties or of our selves It could not in reason be expected that three or foure Commissioners should hold a Parliament there with a Committee and leave nothing to a Parliament here but an approbation of their doing This hath more in it then can be told in few words It had been good before the Councel of England had given their opinion which we beleeve was not their sentence that they had called to their remembrance that our Commissioners were sent not to give judgement but to give the reasons of our demands and that they behoved to keep themselves within the compasse of their instructions that in the time of the peace making his Majestie thought it not meet to insist in the three Querees of calling and dissolving Assemblies and of a negative voice as may be seene before in the first part of this answer pag. 13. And that his Majestie did graciously acknowledge that all matters Ecclesiasticall whereof this being understood of the Assemblies of the Kirk is one ought to be determined in the Assemblies of the Kirk according as it is determined in the late generall Assembly act August 17. of prorogating or dissolving of Parliaments and other assemblies our declaration speaketh pag. 55. What other supreame powers in the Christian world may do by their different laws constitutions and customes were long and laborous to enquire but wee shall strive to keep our own without wronging any other Kingdome either by our sentence or opinion especially in times of danger Before we come to the third part of the Declaration we meet with the answer of three objections which are supposed to be made upon our part The first is pag. 47. that his Majestie promised unto us a free Parliament and we adde that a speciall promise was made of the ratification of the acts of the Assembly in Parliament and of settling other such things as may conduce to the good and peace of the Kingdome Like as we were oblidged both by the nature of the thing it self and our promise To seek nothing but to enjoy our Religion and liberties according to the Ecclesiasticall and civil laws of the Kirk and Kingdome and not to diminish his Majesties greatnesse and authority But when the Parliament is conveened the acts of the Assembly are refused to be ratified in so far that his Majesties Commissioner refuseth to repeall and rescind such acts of Parliament as are inconsistent with the ratification of the acts of the Kirk although it cannot upon any shadow of reason be denyed that the Parliaments power and freedome consisteth in this to make and unmake laws as in their prudence shall seem convenient Other articles which were proponed as they were conceived to be for the peace and good of the Kingdome so neither in the intention of the proponers nor in their own nature and condition did they touch or trench upon his Majesties Glorie Crowne Sceptre or Power as is before made manifest they all tending either to the sensible good of the Subject or to the reforming of such abuses as do obscure his Majesties justice and goodnesse and being granted would conciliat love reverence and cheerfull obedience to his Majesties government The second objection supposed to be made by us Declaration pag. 48. is from his Majesties allowing of the Covenant and commanding of the Lord Marquesse of Hammiltoun the former high Commissioner and other his Majesties Subjects to subscribe it and from the Earle of Traquair his Majesties high Commissioner his subscription or allowance of the subscribing of the Covenant It was never in our mindes to make use of the first our reasons are extant in print against it as subtilie disappointing and destructive of our intended reformation against the late novations and against Episcopacie it self the waggoner which had brought them in and when it was subscribed by some few it was done with this expresse Declaration That they subscribe it in no other sense but that which it had in the yeare 1580 when it was at first subscribed which is found by the Assemblies of the Kirk contrarie to the Lord Marquesse his meaning quite repugnant to Episcopacie and all the attendants thereof in Kirk and State wee indeed acknowledged it to be the same in substance with that which we have subscribed of late but that by our adversaries who ever set themselves against our explanation and application thereof to the late corruptions and innovations was not acknowledged till the Assembly at Edinburgh and by some of them is still denyed what is pertinent for the clearing this question was so fully written at that time that nothing needeth now to be added Concerning the Earle of Traquair it is alleadged Declaration pag. 50. that we have no warrant for our actions for rebellious courses and treacherous combinations no man can have warrant and we detest and disclaime them from his subscription of the Covenant First because it is evinced by the petition of the Generall Assembly for subscribing of the Covenant that our subscription before this time was neither laudable nor warrantable where wee intreat the reader whosoever to make some pause and compare the words of the Supplication of the Assembly with the words of the Declaration The words of the supplication as it was presented before the Councel table standeth registrat in the books of Assembly and Councell is prefixed to many subscribed copies of the Covenant even that which was subscribed by the Commissioner and Councel and is printed supra pag. 40. ANd following the laudable example of our predecessours 1589 do most humbly supplicat your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell to injoyne by act of Councell that the Confession and Covenant which as a restimony of our fidelitie to God and loyaltie to our King wee have subscribed may be subscribed by all his Majesties Subjects The words of the Supplication as they are cited in this Declaration pag. 50. NOw following the laudable example of their predecessours they doe humbly supplicate for the same and that they may be allowed and warranted to subscribe it The cogging and cosenage is so grosse that we are forced to turn our answers in this point obvious to every ey into a complaint that any of whatsoever quality shall be suffered after this foul and falsifying way to wrong the Kings honour and the Kingdomes peace in so high a matter as is a Covenant Next our actions are said to be unwarranted because this Covenant by that which is prefixed to the