time of the Treatie which were put in the hands of the English and others and which we have remembred before in the own place hath suffered innocently For first it was the mean that brought about the pacification and gave some satisfaction to his Majesties Subjects against certain words and clauses of the Declaration which without that mitigation they would never have been able to digest 2. It did bear nothing contrarie to the articles of pacification but was a mollifying of his Majesties Declaration that it might be the more readie received by the Subject 3. It had been extreame and more then imaginable impudencie to put in the hands of the English Nobilitie a paper professing what was openly spoken a little before in their own hearing that it might be remembred afterward as occasion should serve and yet containing untruths and seditious positions contrary to all that was done for peace 4. When there was great murmuring and many exceptions taken at the words of the Declaration our Commissioners were carefull to remember every lenifying sentence and word which proceeded from his Majesties mouth and the hearers were no lesse carefull to note all with their pens which was by them related every man according as he was able to conceive And thus at first there were relations somewhat different one from another both in word and writ an evil very ordinarie at such times till our Commissioners joyning did bring all to their remembrance that neither more nor lesse might be written then was spoken and what was written might be delivered to some of the English ad futuram rei memoriam One thing it may be hath fallen further contrarie to his Majesties desire that the paper hath come to the knowledge of strangers which wee may aver hath not been done by us and which was impossible for us to avoid for our Commissioners to bring about the desired peace could not in their relations conceal his Majesties favourable expressions and those intended for our own tranquility coming in so many hands at home have possibly been divulged and unnecessarily carried abroad contrary to our intentions and desires This in the simplicity of our hearts we declare to be the plain truth of that which hath been before and is now so much noised And it is very likely that the smoak of the fire and the hand of the hang-man have carried it to the knowledge of many who would never have heard of it by the breaths or hands of others 3. As in gathering our forces our designe was for our own defence for his Majesties honor which would be speedily discerned if the enemies of this Kingdome who are taken for friends to the King were put to the tryal with us in another cause that did touch his Majesties honour So did we within the space of 48 houres the time appointed by his Majesty dissolve our army and upon his Majesties advertisment did also disband that one Regiment spoken of before in our first answers Concerning the Officers we were carefull both to observe that article of the pacification to his Majestie and also to keep promise to them which did binde us not to hold them in militarie pay but to vouchsafe them entertainment till they should be restored to their own or called to other service which ought not to be taken for any breach contempt or disobedience but for an observation of the law of nature and common equitie they being our own natives and having forsaken their places and means for defence of us and their native Countrey Lesse then this neither could they expect nor wee performe although the peace had been most firmly settled 4. All Forts and Castles were speedily restored and more strong and in better condition then before although they be now used for a terrour and for invasion against us the whole Ordinance put in the own place with the ammunition except a few Musquets and a little not considerable quantitie of powder which was spent and yet remitted to compt and reckoning All fortifications did desist Some part of the fortification of Leith was demolished for his Majesties satisfaction and the whole remitted by his Majestie to the town of Edinburgh as having right to the same 5 The nature and necessitie of our meetings was represented to his Majestie at the pacification we had neither keeped any before nor have keeped since but such as are warranted by the acts of Parliament law of nations and by his Majesties own permission for mutuall relief of our burthens which by this threatned invasion grow greater every day wherein nothing is done which either belongeth to the ordinarie judicatours of Councel or Session or which tendeth to the vexation of any of his Majesties Subjects but consultations had for our necessarie defence and such admitted to joyne with us as willingly offer themselves after their straying from us and from the cause which they now acknowledge they ought from the beginning to have maintained with us 6 We remember of no other fortification mentioned in the Treatie to be demolished but that of Leith neither do we understand what is meaned by this sixt accusation having given obedience in the greater wee would not have failed in the lesser to give all content 7. Some of the non-covenanters have not indeed entred in the possession of the houses and lands of his Majesties good Subjects which in the beginning they projected for themselves in the fancies of their heads and earthlines of their hearts yet none to our knowledge have been impeded after the pacification to return to their own houses and to live in peace although their provocations by secret dealing and writing against us and by their dayly boasting and raylings have been many whereof they will then repent themselves as others have done when they shall see their own follies and wanderings as birds from their nests 8. It is manifest by the eight article of this Manifesto that the Kings Majesty is highly wronged in his honour by such perverse instruments as have their hand in works of this kind against his loyall and loving Subjects For where his Majesty at the Camp was graciously pleased upon good reason and at the desire of our Commissioners to command the blotting of a clause out of the Declaration in these words For the Reasons contained in our former Proclamations which how materiall and important it was so many as are acquainted with those Proclamations can easily judge And likowise the Declaration was signed without it by his Majesties hand and now pag. 7. is printed without that clause for there it had been palpable yet in this our accusation this contentious pen hath dared against his Majesties mind to foyst and stuff in these words again that hee may make matters worse then they were at the beginning It would appear that he hath not been wel pleased with the blurring of the first draught and that either the malice of his heart or the conceptions of his brain swey him more then
Liberties were the first causes motives of our troubles Secondly that we did hūbly frequently supplicat protest for remedy that in a most quiet peaceable way that never ceasing from our humble supplications we did take Arms meerly for our own defence whereof we devested our selves how soon any tollerable pacification could be obtained resolving upon the hope of injoying of our Religion and Liberties by the help of our God to bear our own burthens We come to our third consideration to vindicat our selves from the breach of peace which we trust will be a work very easie for us in the minds of so many as will be pleased to judge unpartially and without prejudice to heare the plain trueth For nothing is now after so many dayes and so hard dealing layde to our charge which was not before his Majesties parting from Barwick both objected by our adversaries and so fully answered by our Commissioners sent from us that his Majesty was pleased to continue in his purpose and to renew his Royall promise of holding the Assembly and Parliament If his Majesty was not then satisfied without answers how was it that the Assembly and Parliament the summe of all our desires were still granted and if his Majesty was then satisfied with our answers how cometh it that we should be charged with the same aspersions which were purged before This Sophisticall wrangling and grosse wronging of the truth may perhaps gaine some ground upon the credulity of strangers who are not acquainted with the order of our proceedings but can have no power with us or with others who were witnesses to our wayes but to make us the more affectionat to the cause and them more affectionat to us whom they know to bee borne down not onely by violence but by calumnies and contradiction Wee present therefore in this place both the articles where with we were charged 1639. July 18. and the answers given unto them Articles wherewith we were charged July 18. 1639. after the pacification 1. ENglish skippers abused at Leith 2. Ammunition not all restored 3. Forces not dismissed and in particular Munro his Regiment yet keeped afoot 4. Generall Leslies commission not yet given up 5. Fortifications not so much as begunne to be demolished 6. Their unlawfull meetings still keeped afoot whereby our good subjects are day lie pressed to adhere both to their unlawfull Covenant and pretended Assembly at Glasgow 7. Protesting against our gracious Declaration of the Act of pacification published in your Camp at Dunce 8. Protestation made publickly at the time of the Indiction of the Assembly 9. Protestation made against our command of the down-sitting of the Session 10. Why seditious Ministers who in their Sermons preach seditiously are not taken order with 11. Why our good subjects are deterred and threatned if they shall come home to their own native countrey and their houses 12. Our subjects are required to subscribe the acts of the late pretended Assembly or the Covenant with the addition 13. Order is not taken with the persons who have committed insolencies upon our officers and other our good subjects 14. None are admitted or allowed to be chosen members of the ensuing Assembly except such as doe subscribe and sweare to the ratification of the former Assembly 15. Our good subjects who have stuck by us and our service are publickly railed upon in the streetes and pulpits by the name of traytours and betrayers of the Countrey 16. Ministers are daylie deposed for not subscribing to the ordinance anent the pretended Assembly and Covenant 17. Why Balmerinoch and his associates did stop our good subjects from coming to us when they were ready and willing to have obeyed us and our commands 18. The paper divulged and if they avow the same Our answers at that time to those articles TO the first It is answered That the processe ledde before the Baillies of Leith and the parties and witnesses depositions taken before Captaine Fieldoun 22. of July instant will cleare this and witnesse against them that they have contradicted themselves and so are not worthy to be beleeved To the second The Cannon which were at Leith are delivered unto the Castle already the rest shal be delivered in with all possible diligence at farthest before Saturday next at night As for the Muskets all those which we conceive were taken are already delivered And if the Lord Thesaurer can prove that any of our societie did receive any more the same shall bee restored or the pryce thereof And the 54. barrells of powder shall be payed for The ball was not made use of but all lying still where they were To the third Since his Majestie will have that Regiment disbanded the same shall be done presently But wee humbly beg that his Majestie would be pleased to dismisse the Garrisons in Barwick Carlill and the rest of the borders The fourth is obeyed by the Generall his surrender which he had pressed many times before To the fifth The Town of Edinburgh pretends by their Rights and Charters granted from his Majesties Predecessours a power to fortifie Leith which must be discussed before it be taken away And yet for to shew their readinesse to give his Majestie all contentment they shall before the Parliament cause make a slope or two in the Fortifications which if his Majesty and Parliament find that they shal be casten downe It must bee at the Kings Majesties and not upon their charges To the sixth It is denyed that any meetings are keeped but such as are agreeable to the acts of Parliment and although wee must adhere to our most necessar and lawfull Covenant yet to our knowledge none hath been urged to subscribe it To the seventh It is denyed that any Protestation was made against his Majesties gracious declaration of the pacification but by the contrair both at Dunce and Edinburgh publick thansgiving was given with a Declaration that we adhere to the Assembly To the eighth it is answered that wee could not passe by the citation of Bishops to the Assembly without protestation seeing our silence might have inferred us to have acknowledged them to be members of the Assemblie To the ninth there was nothing protested against the Session to inferre any claime that any Subject or all the Subjects hath power to hinder or discharge them but onely in respect of the times when neither the Liedges could attend neither had they their writs in readinesse to pursue or defend they behoved to protest for remeed of law in case any thing should bee done to their prejudice To the tenth we know no such seditious Ministers and when any Ministers alleadged seditious shall bee called before the Judge ordinar they shall be punished according to justice To the eleventh wee know none of his Majesties good Subjects who are now deterred or threatned nor do we allow that any should bee troubled otherwayes then by order of law and if any feare themselves there is an
remembred After the Assembly was conveened and his Majesties Commission read excusing the absence of his Royall person in these words quod quidem gravissimis maximique momentinegotiis reditum nostrum in Angliam urgentibus impediti jam praestare non possumus See pag. 24. and granting as full power to his Commissioner to doe as if his Majesty had been present in person in these words Sicutinos facere potuissemus si in nostra sacratissima persona adessemus secundùm Ecclesiae consuetudinem legesque praedicti antiqui regni nostri And after the Assembly was constitute in all the members some ordinary matters dispatched there were many speaches deliberations in the Assembly for settling the peace of the Kirk in such a way as might both preserve the liberties of the Kirk give hîs Majesty best satisfaction all which ended unanimously in the act following Sess 8. August 17. THe Kings Majestie having graciously declared that it is his Royall will and pleasure that all questions about Religion and matters Ecclesiastical be determined by the Assemblies of the Kirk having also by publick Proclamation indicted this free Nationall Assembly for settling the present distractions of this Kirk and for establishing a perfect peace against such divisions and disorders as have been sore displeasing to his Majesty and grievous to all his good Subjects And now his Majesties Commissioner John Earle of Traquair instructed and authorized with a full Commission being present and sitting in this Assembly now fully conveened and orderly constitute in all the members thereof according to the order of this Kirk having at large declared his Majesties zeale to the reformed Religion and his Royall care and tender affection to this Kirk where his Majestie had both his birth and Baptisme his great displeasure at the manifold distractions and divisions of this Kirk and Kingdome and his desires to have all our wounds perfectly cured with a fair and fatherly hand And although in the way approved by this Kirk tryall hath been taken in former Assemblies before from the Kirk Registers to our full satisfaction yet the Commissioners Grace making particular inquyrie from the members of the Assembly now solemnely conveened concerning the true and reall causes of so many and great evills as this time past had so sore troubled the peace of this Kirk and Kingdome It was represented to his Majesties Commissioner by this Assembly that beside many other The maine and most materiall causes were First the pressing of this Kirk by Prelats with a Service booke or booke of Common prayer without direction or warrant from the Kirk and containing beside the Popish frame thereof diverse Popish errors and ceremonies and the seeds of manifold grosse superstitions and idolatry with a book of Canons without warrant or direction from the Generall Assembly establishing a tyrannicall power over the Kirk in the person of Bishops and over-throwing the whole discipline and governement of the Kirk by Assemblies With a book of consecration and ordination without warrant of authoritie Civill or Ecclesiasticall appointing offices in the house of God which are not warranted by the word of God and repugnant to the discipline and acts of our Kirk and with the high Commission erected without the consent of this Kirk subverting the Jurisdiction and ordinary Judicatories of this Kirk and giving to persons meerely Ecclesiasticall the power of both swords and to persons meerely Civill the power of the keyes and Kirk censures A second cause was the articles of Perth viz. the observation of Festivall dayes kneeling at the Communion confirmation administration of the Sacraments in private places which were brought in by a null Assembly and are contrary to the Confession of Faith as it was meant and subscribed anno 1580. and diverse times since and to the order and constitution of this Kirk Thirdly the change of the governement of the Kirk from the Assemblies of the Kirk to the persons of some Kirk-men usurping prioritie and power over their brethren by the way and under the name of Episcopall governement against the Confession of Faith 1580. against the order set down in the booke of Policie and against the intention and constitution of this Kirk from the beginning Fourthly the civill places and power of Kirkmen their sitting in Session Councell and Exchequer their ryding sitting and voycing in Parliament and their sitting on the bench as Justices of Peace which according to the constitutions of this Kirk are incompatible with their spirituall function lift them up above their brethren in worldly pompe and do tend to the hinderance of the Ministery Fifthly the keeping and authorizing corrupt Assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Androes 1617. At Perth 1618. which are null and unlawfull as being called and constitute quite contrair to the order and constitution of this Kirk received and practised ever since the Reformation of Religion and withal labouring to introduce novations into this Kirk against the order and Religion established A sixt cause is the want of lawfull and free Assemblies rightly constitute of Pastours Doctors and Elders yeerely or oftener prorenata according to the libertie of this Kirk expressed in the booke of Policie and acknowledged in the act of Parliament 1592. After which the whole assembly in one heart and voice did declare that these and such other proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdome made anno 1580 have been indeed the true and maine causes of all our evils and distractions And therefore ordaine according to the constitutions of the generall assemblies of this Kirk and upon the grounds respectivê above-specified That the foresaid service-booke bookes of Canons and Ordination and the high Commission be still rejected That the articles of Perth bee no more practised That Episcopall governement and the civill places and power of Kirk-men be holden still as unlawfull in this Kirk That the above-named pretended assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Andrewes 1617. At Perth 1618. bee heereafter accompted as null and of none effect And that for preservation of Religion and preventing all such evils in time coming Generall assemblies rightly constitute as the proper and competent Judge of all matters Ecclesiasticall heereafter be keeped yearly and oftener prorenata as occasion and necessitie shall require The necessitie of the occasionall Assemblies being first remonstrate to his Majestie by humble Supplication As also that Kirk Sessions Presbyteries and Synodall Assemblies be constitute and observed according to the order of this Kirk After the voicing of this Act his Majesties Commissioner consented verbally to the said Act and promised to give in to the Clerk in writ the declaration of his consent and that he should ratifie this Act in the ensuing Parliament This act was accompanied with the testimony of two witnesses Master George Grahame and Master Alexander Lindsay the one deponing in the same Session the
State wronged because the whole Congregations of that Kingdome being represented by their Commissioners from Presbitries in the generall Assemblie hath given their consent to the desires and conclusions of the Kirk have with allowance of your Majesties Commissioner according to the ordinance of the generall Assembly and Councel sworne and subscribed the Confession of Faith in that sense and have alwayes been and are your Majesties supplicants That the Parliament may ratifie what the Assembly hath found and concluded Neither can wee beleeve that your Majestie who we hear doth acknowledge Princes to be like shining stars which have their splendor for the benefit of the world and who esteemes the prosperitie and welfare of your people your greatest content and the having of their hearts to bee your Majesties greatest security which are the words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and which your Majestie hath so well learned that they are abridged in the inscription of their coyne Presim ut prosim will think that the granting of that which upon so good reason is so earnestly desired both by Kirk and State to be any diminution of your Majesties royall prerogative and priviledge of your Crowne which by our acts of Parliament is defyned to be that power which your Majestie hath over all estates and persons and not any particular interest more in one estate nor another and which is competent and reciprocall to the King and doth pertain to your Majestie inviolablie and is no wayes contingent separable nor mutable with the change of any of the Estates but is that power which doth justly belong to the King before any Bishops were in Scotland and which did belong to him in time of Poperie when Bishops were allowed and had their dependance of the Pope and which did likewise pertaine to the King in the time of reformation when Episcopacie was abjured and removed out of Scotland In the which oath all the Subjects are sworne to maintaine your Majesties greatnesse and authoritie with their lives and means which wee shall acknowledge and will be ready to defend to the last drop of our bloud And seeing your Majesties Subjects have no other ends but such as serve for establishing of Religion and the peace of the Kingdome and are agreeable to the fundamental Laws thereof and to the articles of pacification And that the Parliament is the onely lawfull mean to remeid our evils remove distractions and settle a solide and perfect peace The sum of your Majesties subjects their desire is that your Majestie may bee graciously pleased to command that the Parliament may proceed freely and determine anent all these articles given in to them and whatever exceptions objections or informations are made against any of the particular overtures articles or proceedings of the Parliament wee are most willing and desirous according to your Majesties commandement for avoyding contestation about words to receive the same in writ and are content in the same way to returne our Answers and humble Desires After some questions moved by his Majestie and by some of the Committee which were answered by our Commissioners and all that past written by them immediatly by after their return to their lodgings from his Majestie The conclusion of that dayes hearing was that against the Kings returne from Hampton-Court they should show his Majesty their Instructions And after his Majesties returne upon the 8. of March they were commanded to be at Whitehall the next day thereafter at two of the clock in the afternoon where so soon as they did appeare before his Majestie He did call for their Instructions which they did exhibit and read Their power was called in question as being onely subscribed by some Noblemen and Gentlemen and as not flowing from the Parliament whereunto they did answer That their Instructions were warranted by the Parliament because they are relative to former Instructions given to the Earle of Dumfermeling and Lord Lowdoun which were subscryved by a great many Noblemen Gentlemen and Burgesses who were present sitting in Parliament and that their last Instructions are subscryved by these Commissioners who were appointed by the Parliament to make remonstrances to his Majesty and receive the returne of his answers who were authorized with Commission from the Parlîament to that effect All which our Commissioners did instruct And after long debating anent the validity of their power The particular dispute and reasonings whereof our Commissioners did for their memory put in writ The Kings Majesty said he would heare the particular reasons of their demands whereunto it was replyed that their demands were onely that the Parliament might proceed and ratifie the conclusions of the Assembly and determine anent the articles given in to them according to the Lawes of the Kingdome and articles of pacification And if there were any objections to the contrair they were ready to receive and answer the same in writ The King said It was his Commissioner behoved to give these and that his Majesty was to maintain his actions And thursday the 12. of March was assigned for their next hearing and the Kings Commissioner commanded to give his objections to them in writ against that time Vpon the 12. of March The King called for the power and warrant granted by the Parliament to these Noblemen and others who had subscryved our Commissioners Instructions which being contained in the declaration made by the Parliament his Majesty commanded the whole Declaration to be read did expostulat and quarrell the same as trinching upon his prerogative And diverse objections were proponed against the Declaration both by his Majesty and these of the Committee Which was answered by our Commissioners who did write what was reasoned and answered concerning that point and craved that what could be objected against that or any other of the Parliaments proceedings should be set down it writ whereupon the King commanded the Earle of Traquhair to set down the state of the question in writ which he did in maner following viz WHether are you warranted or instructed from Parliament to satisfie his Majestie anent his power of proroguing of Parliaments of himselfe and of his own Royall prerogative simplie and whether a Parliament thus prorogued simplie by his Majesties owne sole Royall power can or may sit before the time to which his Majestie hath prorogued the same And if you have no warrant nor instruction herein from the Parliament what is your owne private Judgement therein Likeas his Majesty commanded the Earle of Traquhair to give some other propositions and querees and the 16. of March was assigned to our Commissioners to give in their answers which propositions were delivered to them upon the day of March which are these viz Protestation given in at the first prorogation of the Parliament at least given into the Commissioner to be represented to his Majestie Act desiring the power of articles New augmentation of customes to bee discharged and no custome nor imposition to be imposed hereafter but by advice
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
the Clerks against Master William Hayes deputation in his fathers place The Commissioner to whom they did produce their reasons in writ can best give an accompt thereof And albeit wee have in obedience to your Majesties commandement according to our bound duetie shown the reasons why these propositions whereof your Majestie hath taken notice as prejudiciall to your authoritie were demanded yet many of these propositions are of so small moment being onely and me erely about the interest of privat persons as they are of no publick concernement de minimis non curat lex Nor doth the Parliament stick upon these or any other articles of that kind any farder nor as they have cleare warrant of Law and as your Majestie and Estates shall find them convenient for the good of your Subjects But the humble and earnest desire of your Majesties Parliament is That seeing wee have showne your Majestie their humble desires and reasons of their demands your Majestie may bee graciously pleased to command the Parliament to proceede and ratifie the conclusions of the Assemblie and passe such acts as are necessar for establishing of Religion and for the good and peace of the Kingdome according to the articles of pacification That by the mutuall embracement of Religion and Justice under your Majesties happie government Trueth and peace may kisse one another and the joy and chearefull obedience of your Majesties Subjects may bee encreased After the deliverie and reading of which answers and answering all objections which were proponed by his Majestie or those of the Committee thereupon which our Commissioners immediatly after their parting with his Majestie did put in writ They declared that they had according to their Instructions with honest and willing hearts performed that charge which was laid upon them and did show his Majestie how much Religion and that whole Kingdome did suffer by delayes And that it would please his Majestie to give them their dispatch that they might returne to those that sent them who are longing much for the returne of his Majesties gracious answer Being thereafter removed and within the space of halfe an houre called in The Kings Majestie said That hee could not now appoint them any time for dispatch But that his Majestie would take his owne time to consider of their answers and would then make his farther pleasure knowne to them AFter that our Commissioners had thus acted their part faithfully in what was committed to them by us demanded of them by the King and could be expected from them by others This Declaration cometh forth under his Majesties name which may make his Majesties pleasure knowne to them and no more but known they being shut up and one of the Noblemen put in prison upon some pretensions of our powerfull enemies which what they are shall appear afterward so that they are deprived not onely of the benefit of further hearing but of all libertie to just fie themselves and their proceedings A necessitie therefore is laid upon us to compare the Proceedings with the Declaration that if there be any demands accusations or objections as we beleeve there bee few or none which have not been proponed to them they may now be examined by us and satisfied First concerning the forme of electing the articles nothing can be said by us which can so satisfie the minds of such as are not acquainted with this difficulty as the article it self as it was conceived which yet with other particulars of this kinde we are constrained to spare lest these papers grow to a greater bignesse then wee intended for the article is disjunctive that either the whole Parliament or each estate by themselves severally shall choose the articles And therefore although it were proven by some practicks that every Estate did not choose their ovn articles but that they were chosen by the whole Parliament this doth not militat against us but falleth into the other part of the disjunction contained in the article We holding this constantly that neither by the records of Parliament which are keeped up from us and unto which we appeal nor so farre as we can learne of old Noblemen who have assisted in Parliament for many years by the testimonies of Parliamentarie men in the yeare 1609. and 1612. specified in the Declaration pag. 21. or any other year before 1617 can it be showne that the forme used since the year 1617. had place in the election of the articles it was introduced with the Prelats and must go forth with them again it being impossible that Bishops having no place in Parliament by vertue of the act of Assembly and of his Majesties Declaration promising to confirme the acts of the Assembly can have any place in the articles And therefore that it was necessarie that the election of the articles should be altered unto the forme used before 1617. even when Prelats had voice in Parliament which can neither reflex upon his Majesties royall authoritie nor upon the internall life or externall lustre and glorie of the high court of Parliament What is objected for the power of the articles Declaration pag. 21. is so clearly and fully answered by our Commissioners pag. 19 20 21. that nothing more Nothing can belong to them by vertue of any preceeding act of Parliament or by the nature of the thing it self which is to be a preparatory committee for the Parliament that shall by us be denyed although it must be confessed that it belongeth properly to the Parliament to determine their power as in their wisedome they shall finde convenient Concerning the constitution of the Parliament it was necessar that it should suffer also some alteration but that was accidentall and by inevitable consequence following upon the act of the Assembly and subscription of the Covenant by his Majesties Commissioner and upon his Majesties irrevocable Declaration which can never bee interpreted to have any affinitie with Treason spoken of in the Declaration except we will say that the Kings Majestie and the whole Estates of Parliament who have full and uncontrolable power to make and abolish laws can runne themselves in the guiltinesse of that crime upon changing of their own laws and customes the fear is greater that acts of Parliament made for the advantage and advancement of Prelats against the Confession of Faith and Covenant of God and against many protestations of the Kirkbe Laes-Majestie divine to be repented of lest it pull down upon us the wrath threatned this day Acts of rescission or repealing are so necessar that it were not onely an incongruitie but a repugnance to make a new act and withall to suffer former acts ordaining the contrarie to stand in vigour and not to abolish them but the cause of quarrelling is in the matter of this act of rescission which cannot be remeeded except by rescinding of the act of Assembly of the Confession of faith and Covenant and of his Majesties Declaration which wee trust shall never be repented of since it
the Kings will or the good of the King and Kingdome It is here laid to our charge that the Subjects have been pressed by us to sweare and subscribe the acts of the Assembly at Glasgow but the truth is whatsoever was the power of the Kirk to presse that oath and subscription in an Ecclesiasticall way yet no man de facto was urged unto it Some prevaricators who would have cheated us have been refused but none have been pressed What is objected concerning that tumult of some people in Edinburgh against the Lord Thesaurer and others is answered before 9. Concerning the freedome of the Assembly at Edinburgh called by his Majesties authority It was acknowledged by his Majestie that what questions might arise about the matters members or manner of the Assemblie should be determined by the Assemby it self as the onelie proper judicature and his Majesties Commissioner in his name did openly consent to the constitution of the Assembly in all the members therof upon the sight of their Commissions All which were publickly read and to all the acts of the Assembly from the first to the last and particularly to the act August 17. Declaring the government of the Kirk by bishops to be contrair to the Confession of Faith and constitutions of this Kirk and to the act which declared some former Assemblies to be null amongst many other reasons upon this ground that Prelats without any warrant from the Kirk were admitted to be members thereof Yet there be here two pretexts alleadged against the freedome of the Assembly at Edinburgh the one untrue de facto for no such wayes were used before the Assembly nor any such thing objected by his Majesties Commissioner in the Assembly the other unjust de jure that the prelats were not admitted to be members of the Assembly although at the time of the treatie his Majestie did not expâ—ct that they should be admitted and yet resolved to grant a free Assembly By which it is now too manifest what his Majesties minde is both of the late Assembly at Edinburgh which yet was called by his Majesties authoritie and countenanced by his Commissioner and of Episcopacie although removed out of this Kirk by the consent of his Majesties Commissioner And by which every man may easily judge whether the matters of Religion and the Kirk be settled and secured as is pretended by our adversaries going about to work division This is the prevailing power of our enemies without respect to the Kings honour or to common truth and honesty that what was done before by his Majesties consent may be undone and that the pacification no more have place but all may be involved in a bloudy warre The ground of pacification was a free Assembly and Parliament Now the one although peaceably closed is denied to be free and the other is hereby declared to be unprofitable for the good of the Kirk 10. The distinction made by the writer of the Declaration of Traitours to God and to the Countrey upon the one side and Traitours to the King on the other side deserveth no thanks from the King nor approbation from any good and wise Subject It is evil policie and worse divinitie for Traitours to God and their Countrey must be Traitours to the King and such as are faithfull to God and the Countrey must be the Kings best Subjects He is the greatest Traitour who laboureth to divide the three whom the first hath so nearly joyned The right of his Majesties Crowne and the acts of Parliament command all the Subjects to rise with their King and to assist him when heriseth for God and the Countrey But no right nor act of Parliament forbiddeth to stand for God and the Countrey in the case of publick invasion To strike upon this string were to fall in the fault which we have even now reproved and will never fill the ears of the King and the Subject with a pleasant hermonie We onely declare that what soever have been the merits of those who have gone out from us and have wrought division between the King and the Countrey we neither have pretended nor have threatned to proceed with censures against them their complaints arise not from us but from their own fears and furies within which begin to waken and vex them 11 It was farre from our thoughts to usurpe any part of his Majesties royall power in discharging the attendance of his Majesties Subjects at the Session which wee never did call in question we did onely in such an exigent and extreamitie modestly protest for indemnitie if any sentence should passe against us for whom it was impossible to attend as is evident by the words of the Protestation it self as followeth ANd seeing the Session is now appointed to sit down which tendeth to the prejudice of his Majesties Subjects who lately have been so busied in their preparations for the defence of the Religion and countrey that they are now necessarily retired to their own dwellings for settling of their privat affaires that they cannot be tymously advertised to attend any Law-businesse without greater prejudice then benefite and that the best part of the Lieges have so secured their Evidents that the samine cannot bee in readinesse in this short time of Session Therefore and in respect the down-sitting of the Session now cannot be otherwayes intimate unto them but upon fourty dayes whereas there are onely twenty dayes to runne after the appointed day of this meeting Wee protest that all members of the Colledge of Justice and all his Majesties Lieges are in bona fiae not to attend this Session but that all acts sentences decreets and inter-loquutors to be given and pronounced against them if any shal be are in the selfe null voyde and ineffectuall suchlike as if the samine had never been given nor pronounced and protest for remeed of Law against the samine and every one of them Having now the second time cleared our proceedings of unjust imputations and our deportments of ingratitude and insolencie the order of the Declaration draweth us on immediatly to the proceedings of the Parliament which we will follow how soon we have truly represented some of our proceedings in the Assembly indicted by his Majestie and holden at Edinburgh August 12. 1640. All which are past in silence by the Declaration but in so far as they are taxed by the way in the ninth pretended breach but cannot be praetermitted by us because they are the greater and more substantiall part of our proceedings which we desire may be known to all men And because a free Assembly was at first the one half of our humble desires and since the closing of the Assembly the securing of our Religion and the adding of the civill sanction in Parliament to the acts of the Assembly hath been the greatest thing that we have petitioned for obtaining whereof the Commissioners of the Generall Assembly did attend the Parliament after the sitting thereof Some few of many are here
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
and gracious Declarations And that it is impossible without passing the rescissorie act and act of constitution to have a valide Parliament to ratifie the conclusions of the Assembly is manifest Seeing by the former constitution of the Parliament no act of Parliament can passe without the consent of the three Estates of which the Kirk was the third As is to bee seen by the act of Parliament 1609. And any act for ratifying the conclusions of the assembly or for any other cause whatsoever which can be past in this Parliament till the Parliament be lawfully constitute without prelates or any other representing the Kirk cannot be valid but may be quarrelled and annulled upon that formall and fundamentall ground of the former constitution of Parliament which stands established by the acts of Parliament 1584.1587.1597 and 1606. By all which it is clear that the Parliament was constitute of the three Estates whereof the Kirk is one that no act of Parliament could be made but by the special advice consent of the three estates that the Prelats voting in parliament and representing of the third Estate was a priviledge granted to the Kirk and that they as her office-bearers had onely vote in name of the Kirk may be clearly seen by the 231. act Par. 15.1597 K. Ja. 6. Where the Kings Majestie and his Highnesse Estates restores Ministers provyded to Prelacies to have vote in Parliament and that upon this reason as having speciall consideration of the great priviledges and immunities granted by his predecessours to the holy Kirk within this Realme and to the speciall persons exercing the office dignitie and title of prelats within the same which have represented one of the Estates And that the saids prelats have been from time to time conserved in the same integritie wherein they were at any time before So that his Majestie out of his singular affection to the advancement of Religion declares this Kirk to be a true and holy Kirk and that the Ministers and pastors within the said Kirk provided to the office place title and dignitie of a Bishop or prelat shall at all time hereafter have vote in parliament suchlike and as freely as any other Ecclesiastick prelat had at any time bygone And that all Bishopricks shall be disponed to actuall preachers which proves that in time of poperie and ever untill that time 1597. this priviledge of vote in Parliament was granted to the Kirk and only to the speciall persons who by vertue of their office did represent the Kirk which is also clear from the act of annexation 1587. whereby all the Temporalities of benefices were annexed to the Crowne notwithstanding whereof they did vote still in Parliament in name of the Kirk having no Temporalities at all till the Parliament in the yeare 1606 Wherein it is clear in the act of restitution of the estate of Bishops And also in the 6. act of the Parliament 1609 That vote in Parliament is given to prelats as one of the priviledges and liberties granted to the Kirk whom they did represent and did ever sit pro Clero upon his Majesties right hand and voyce in name of the Kirk But seeing in the late Generall Assembly holden at Edinburgh after particular inquyrie anent the true and reall causes of the evils which did so much trouble the peace of that Kirk and Kingdome It is found that the government of the Kirk by Bishops and civill places and power of Kirk-men especially their voting in Parliament amongst other novations brought in that Kirk were two mayne causes of these evills And that the Generall Assembly with consent of your Majesties Commissioner representing your royall power and person hath removed Episcopacie our of the Kirk of Scotland and declared all civill places and power of Kirk-men to be unlawfull in that Kingdome as contrary to the Confession of faith and constitutions of that Kirk and hath ratified the Covenant ordaining all the subjects to subscryve the same with the generall assemblies explanation in that sense And your Majestie being obliged to ratifie the conclusions of the assemblie in Parliament It doth necessarily follow that Bishops who usurped to bee the Kirk and did in name of the Kirk represent the third Estate be taken away which also by necessar consequence doth inferre that there be an act of constitution of the Parliament without them and an act for repealing the former Laws wherby the Kirk was declared the third Estate and Bishops did represent the Kirk Both which the Kirk hath now renounced and condemned as a detriment and prejudice incompatible with her spirituall nature Neither doth the passing of these acts wrong the Kirk nor State nor diminish your Majesties Princely power as was demonstrat by that which was spoken to your Majestie the 3. of March and which we did thereafter present to your Majestie in writ which for brevitie wee absteine to repeat And if your Majesties Commissioner deny that he did consent to the act of assembly August 17 whereby Episcopacie and the civill places and power of Kirk-men and in speciall their voting in Parliament was declared to be unlawfull as being contrare to the Confession of faith and constitutions of that Kirk and that he did approve that all the subjects should subscryve the Confession of faith with the generall assemblies explanation we offer to prove the same by the very acts of the assembly and records thereof bearing his assent first verbally and there after given in by writ The trueth whereof wee are able also to verifie and make good by witnesses of all ranks of persons who were present at the assembly And so soone as these Declarations which the Commissioner caused registrate in the bookes of Councell as being emitted by him in the generall assembly were required to be insert in the records of assembly which was eight dayes at least after the rising of the assembly The Commissioners of the Kirk discharged the Clerk to insert the same as not being emitted in the assembly and as contrarie to the acts thereof and true declarations made by the Commissioner in the generall assembly which are registrate in the bookes thereof and doeth beare his consent for which he got publick thanks The reason of that article craving every Commissioner of the Shyres to have a sever all voyce appeares in the very proposition it self For that any who by the lawes of the Kingdome and by their commissions comes authorized as Commissioners to heare treat and determine in Parliament and yet not to have a decisive voice in Parliament seemes to be repugnans in adjecto and that by the ancient practise the whole Barons and Free-holders within that Kingdome had vote in Parliament may be seen in the old records of Parliament as in the reigne of K. Ja. 1. in his 6. and 7. Parl. K. Ja. 2. in the old acts fol. 26.33 36. K. Ja. 3. in the 112. act Parl. 14. Item Parl. 1487. 15. October The Parliament being continued
of the Estates No change of the value of money or coynage thereof but by advice of Parliament Book of rates to be revised by Parliament The Castles of Edinburgh Dumbarian and Stirling to be intrusted onely to Natives and these to be chosen from time to time of honest men by advice of the Estates Act anent the Judicatorie of Exchecquer Because these propositions were delivered to our Commissioners without any objection against the same or querees concerning these demands They did require that if there were any querees to be demanded of them or any objections to be made against these or any other acts and propositions given in to the articles That the same might be set down in writ Wherunto it was answered That his Majesty was to make no propositions to them but that his Majestie being informed that such motions and propositions have been made either in face of the articles or to his Commissioner hath taken notice thereof as prejudiciall to his Majesties authority And therefore required them to show the reasons why they did demand the same Vpon the 16. of March when our Commissioners did appeare before his Majesty They did present their answers in writ to the former queree and propositions in manner following viz AS our power and instructions from the Parliament doe warrant us to show that their proceedings and desires are agreeable to the Lawes and practise of the Kingdome and to the articles of pacification So we are enjoyned particularly to answer all objections which either were proponed or which they conceived could be proponed against the acts and proceedings of the Parliament And as concerning any other question which was not moved in Parliament nor is against the articles and propositions given in to them As the same did not fall within the consideration of the Parliament So neither can it come within the compasse of our instructions as that whereunto wee have warrant to answer It is also to bee understood that the propositions and acts given in to the articles are not statutes but are onely proponed and given in to them to be prepared for the Parliament That the Parliament may enact or refuse the same as they shall find them expedient or inexpedient for the good of the Church and State And as concerning the queree anent the prorogation of the Parliament we are warranted by our instructions and informations to show that the prorogation of Parliaments of that Kingdome once being conveened in plaine Parliament and having chosen articles or entred on actions hath ever been done with consent of the three Estates as may be seene in the reigne of King James 6. Queen Mary K. Ja. 5. K. Ja. 4. K. Ja. 3. K. Ja. 2. K. Ja. 1. And so forth in all the printed and written Records of Parliament And they are confident that your Majestie will be graciously pleased to keep that order and forme of prorogation of Parliaments which all your most worthie and Royall Antecessours did Neither did the Parliament expect that your Majestie who did graciously grant this Parliament for establishing of Religion ratifying the conclusions of the Assemblie and settling the peace of the Kingdome and hath accordingly given an ample power under your Majesties broad Seale pro tentione observatione Parliamenti without any power or clause of prorogation or delay would require this Parliament to be prorogued without consent of the Estates of Parliament Till these things be performed which your Majestie was graciously pleased to condescend unto Where it may be objected That a Parliament was prorogued or continued De mandato Regis It is answered That proves the denomination of the act to be taken from the King But doth nowayes prove that the act was made without consent of the Estates more then that act of Parliament of K. Ja. 2. holden at Edinburgh the 28. of June 1450. fol. 33. Bearing that the three Estates did continue the Parliament without naming the King will inferre that the Estates wanted the Kings consent For it is usuall that the denomination of acts of Parliament is taken sometimes from the King onely sometimes from the Estates and sometimes from both And that the prorogation was done by act of Parliament is enough to prove it to be done with consent of the Estates And the Letter written by K. Ja. 6. in the Parliament May 1604. To the Lord Balmerinoch his Majesties Secretary That seeing the Parliament of England was continued therefore the Estates should continue the Parliament of Scotland which they did doth evince that the Parliaments were continued with consent of the Estates And having thus according to the instructions given to us showne the Judgement of the Parliament whose Language and mind wee ought now to speak and not our own privat opinions anent the forme and order of prorogation which hath been constantly observed in all preceeding Parliaments we doe so much tender your Majesties royall power and lawfull authoritie which we have solemnely sworne never to diminish as wee neither dare nor will presume to exceed our instructions to define what your Majestie may doe in the hight of your power For to dispute à posse ad esse is both against Law and Divinity And what ever your Majestie may doe in the hight of your power we hope your Majestie will ever bee graciously pleased to rule your Subjects according to Law the continuall practice whereof we have showne in this point neither know we any former Law or practice to the contrair And if any man hath informed your Majesty or affirmed that it is otherwayes affirmanti incumbit probatio As concerning that act whereby it is craved that the power of the articles may bee defined wee have direction and information from the Parliament to show the equity lawfulnesse and expediencie of that act which may easily bee perceived from the reasons contained in the narrative of the act it selfe which brevitatis causâ is referred thereto as also from the written records and printed acts of Parliament from the nature of all Committees and from the present estate and condition of the Parliament of that Kingdome For as it is cleare by the historie of that Kingdome and the records of Parliament that there was never such a thing heard of as Lords of articles untill the time of King David Bruce So it is manifest in all the printed and written records of Parliament since that time that many Parliaments had no Lords delegat for articles at all and when there was any chosen the nomination and election of them was ever with the common consent and advice of the whole Parliament till the Parliament in anno 1617. That the Bishops took upon them to remove out of plaine Parliament to the Inner-house and choysed some out of the Noblemen the Noblemen them and they two choysed the Commissioners to be on articles of Shires and Burroughs which as it was against the first institution form of election of al preceeding articles introduced by