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
secondly desire that his Majestie would be pleased to declare and assure That it is his Royall will that all matters Ecclesiasticall be determined by the Assemblies of the Kirk and matters civill by the Parliament and other inferiour Judicatories established by Law because wee know no other way for preservation of our Religion and Lawes and because matters so different in their nature ought to be treated respectivê in their own proper Judicatories It was also desired that Parliaments might be holden at set times as once in two or three yeares by reason of his Majesties personall absence which hindereth the Subjects in their complaints and grievances to have immediat accesse unto his Majesties presence And where his Majestie requires us to limite our desires to the injoying of our Religion and Liberties according to the Ecclesiasticall and civill Lawes respectivè Wee are heartily content to have the occasion to declare That we never intended further then the enjoying of our Religion and Liberties And that all this time past it was farre from our thoughts and desires to diminish the Royall authoritie of our native King and dread Soveraigne or to make any invasion upon the Kingdome of England which are the calumnies forged and spread against us by the malice of our adversaries and for which wee humbly desire That in his Majesties justice they may have their own censure and punishment Thirdly we desired a blessed pacification and did expresse the most readie and powerfull meanes which we could conceive for bringing the same speedily to passe leaving other meanes serving for that end to his Majesties Royall consideration and great wisedome Before his Majestie gave an answer to our above written desires Three Querees were read out of a paper by his Majesty to our Commissioners Vnto which they gave a present answer by word and at his Majesties instance prepared their answers to be exhibite in writ but they were not called for THE QUEREES 1. WHether we acknowledge the Kings Majestie to have the sole indiction of Assemblies 2. Whether his Majesty hath a negative voyce in Assemblies 3. Whether his Majestie hath the power of raising Assemblies ANSWERS 1. THat it is proper for the Generall Assemblie it selfe to determine questions of this kind and it were usurpation in us which might bring upon us the just censure of the Generall Assemblie to give out a determination 2. The answering of one of those three demands is the answering of all for if the sole indiction belong to his Majestie there needeth no question about the negative voice and dissolving of Assemblies Next if his Majestie hath a negative voice there needeth no question anent the indiction and dissolving and if his Majestie may discharge the Assemblie there needes no question about the other two For our parts we humbly acknowledge that the Kings Majestie hath power to indict the Assemblies of the Kirk and when in his wisedome he thinkes convenient he may use his authoritie in conveening Assemblies of all sorts whether generall or particular Wee acknowledge also that the solemne and publick indiction by way of Proclamation and compulsion belongeth properly to the Magistrate and can neither bee given to the Pope nor to any forraigne power nor can it without usurpation bee claymed by any of his Majesties subjects But wee will never thinke that his Majestie meaneth that in the case of extream or urgent necessitie the Kirk may not by her self conveene continue and give out her own constitutions for the preservation of Religion 1. Because God hath given power to the Kirk to conveene The Sonne of God hath promised his assistance to them being conveened and the Christian Kirk hath in all ages used this as the ordinary and necessary meane for uniforme establishing of Religion and Pietie and for removing of the evills of heresie scandals others of that kind which must be and would bring the Kirk to be no more if by this powerfull remedie they were not cured and prevented 2. According to this divine right the Kirk of Scotland hath keeped her Generall Assemblies with a blessing from Heaven for while our Assemblies continued in strength the doctrine worship and discipline the unitie and peace of the Kirk continued in vigour Pietie and Learning were advanced and profanitie and idlenesse censured 3. The Kirk of Scotland hath declared that all Ecclesiasticall Assemblies have power to conveene lawfully together for treating of things concerning the Kirk and pertaining to their charge and to appoint times and places to that effect 4. The libertie of this Kirk for holding Assemblies is also acknowledged by Parliament and ratified by acts thereof which is manifest by the act of Parliament holden in anno 1592. and that upon the ground of perpetuall reason 5. Because there is no ground either by act of Assembly or Parliament or any preceeding practise whether in the Christian Kirk of old or in our Kirk since the reformation whereby the Kings Majestie may dissolve the Generall assembly or assume unto himselfe a negative voyce but upon the contrary his Majesties prerogative is declared by act of Parliament to be nowayes prejudiciall to the priviledges and Liberties which God hath granted to the spirituall office-bearers of his Kirk which are most frequently ratified in Parliament and especially in the Parliament last holden by his Majestie 6. By this meane the whole frame of Religion and Kirk Jurisdiction shall depend absolutely upon the pleasure of the Prince whereas his Majestie hath declared by publick Proclamation in England that the Jurisdiction of Kirk men in their meetings and courts holden by them doeth not flow from his Majesties authoritie notwithstanding any act of Parliament which hath been made to the contrary but from themselves and their own power and that they hold their courts and meetings is their own name After much agitation and many consultations his Majesties Declaration touching the intended pacification was read to our Commissioners who upon their dislike and exceptions taken both at matter and expressions as contrary to our minds and prejudiciall to our cause did humbly remonstrat that the Declaration as it was conceived could not give satisfaction to us from whom they were sent His Majesty was graciously pleased to command some words to be deleted other words to be changed and many parts thereof were by verball promises and interpretation from his Majesties own mouth mitigated which in our estimation were equall to that which was written some of the Counsellours of England assuring our Commissioners that what was spoken and promised before men of honour and in the face of two Armies was no lesse certain and would no doubt be as really performed as if it had been written in capitall Letters which therefore were diligently observed carefully remembred and punctually related by our Commissioners at their delivering of his Majesties Declaration to us And without which wee nor could nor would have condescended and consented to the articles of the Declaration more then we could or
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
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
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
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
Subscribed with their hands At Edinburgh the first day of November 1639. By some of each Estate for themselves and as representing the rest of their number at their command and desires 1. FIrst to shew and declare that our desire anent Religion is That wee may enjoy the same according to Gods word the Confession of Faith and constitutions of the Kirk of Scotland and that all matters Ecclesiasticall shall be determined by the assemblies of the Kirk without incroatching upon the libertie priviledge and government of any other reformed Kirk 2. To shew and declare That wee never had nor have any intention to diminish his Majesties greatnes and authoritie which by the law of God and of this Kingdome and by the descent of 108 Kings wee acknowledge to be due to his Majestie neither did we ever intend to impair or withdraw our selves from civil and temporal obedience to his Majestie but in every thing to carrie our selves as becometh faithfull humble and loyall Subjects whereof we shall be ready to give reall demonstrance and proof when his Majesties service shall require the same 3. To shew how grievous it is to his Subjects That wee heare his Majestie is mis-informed and displeased with any of our proceedings The lawfulnesse and loyaltie whereof we desire ye may clear to his Majestie 4. Ye would give to his Majestie a true information of all our proceedings in the Assembly and Parliament whereof ye have the special acts and reasons for the same and justifie them against al aspersions and objections especially ye would clear they do no wayes trinch upon the Kings authoritie whereof his Majestie seems to be mis-informed 5. Ye would shew the great prejudices of this Kirk and Kingdome by continuall by-gone letts and delayes of the progresse of the Parliament and how much it may contribute to his Majesties honour the Subjects content and for procuring of heartie and chearfull obedience That the affairs of this Kirk and Kingdome may without longer delay be settled especially seeing all the Subjects desires are given in to the Parliament and articles and are such as agree with the articles of pacification without the least wronging of his Majesties authoritie or impairing of the Subjects civill and duetifull obedience 6. Ye would therefore urge after your clearing of all objections made against any of our acts and proceedings That his Majestie may bee graciously pleased to direct his Commissioner to go on in Parliament without further delay to determine all the articles by the advice of the Estates and to the ratifying of the conclusions of the late Assembly and settling all such other things as may conduce to the publick peace and good of this Kingdome according to the articles of pacification and his Majesties Commission under the great Seal 7. For the clearer determining of all questions ye would earnestly desire the production of the laws and records of Parliament the up-keeping whereof is contrarie to all law practique and reason 8. If the King will not condescend to give order to his Commissioner to goe on presently in Parliament for ratifying the acts of the Assembly and for determining and deciding such acts as are given in to the articles then at the least his Majesty may be graciously pleased to enjoyne the Commissioner to prorogate the Parliament in the tearmes contained in the offer made to him which ye have with you 9. And if his Majestie send for the Commissioner ye would try and advertise whom yee think fittest to bee sent from the Estates with the Commissioner to informe the Kings Majestie more fully and to procure his Majesties warrant for their up-coming for better clearing of matters and for his Majesties further satisfaction 10. Ye would be frequent and sure in your advertisements to us how our businesse goeth and what yee conceive will be fittest to be done by us here 11. Ye would remember the many grievous complaints given in to my Lord Commissioner and Lords of articles by these of this Nation who are In-dwellers in Ireland of whom oathes are exacted unwarrantable by the Lawes of the Church of Ireland as also some of this Nation have been pressed in England with the like oathes At Edinburgh 20. Jan. 1640. Instructions from the Commissioners appointed by the Estates of Parliament to make remonstrances to his Majesty of the reasons of the prepositions and proceedings in Parliament and for receiving his Majesties answers and upon the return thereof to remonstrat their humble desires to his Majesty upon all occasions given to the Earle of Dumfermeling Lord Lowdoun Sir William Douglas of Cavers and Master Robert Barclay Provest of Irwing Commissioners direct to his Majesty with the advice of the Noblemen and Commissioners of Shires and Burrows conveined for the time which are added to the former instructions granted to the said Earle of Dumfermeling and Lord Lowdoun by the Estates of Parliament Novemb. 1. 1639. SEeing the Earle of Dumfermling and Lord Lowdoun were den yed accesse to impart to his Majestie the former Instructions given to them by the Estates of Parliament and seeing upon their returne his Mejestie was petitioned to give order for proceeding of the Parliament or if his Majestie should finde it necessary for his further satisfaction to take notice of the reasons of our proceedings from some of our selves that his Majestie would give signification of his Royall pleasure here-anent and grant warrant for such as should be sent And that now his Majesty by his answer to our supplication hath allowed and given warrant that such as we think fit to send may repair to his Majesty to shew the grounds and reasons of our demands Wee have for discharging of our humble duetie according to his Majesties commandement sent you up to impart to his Majesty the former Instructions given to the Earle of Dumfermling and Lord Lowdoun To shew that our proceedings and desires are agreable to the Lawes and practises of the Kingdome and articles of pacification as you were also directed to doe by the former Instructions which when you have cleared lest verball expressions be controverted you shall give in the summe of our demands and crave the answers thereof in writ and what else shall be objected against us or replyed for our justification and that for avoyding contestation about words in time hereafter If you bee called to give answer and account to the English Committee or Councell or any other Judicatorie you would show that you are sent onely to his Majesty and discharged likeas wee doe heereby discharge you to answere to any Committe or Judicatorie who cannot meddle in matters of the Parliament of this Kingdome being independent of any but of God and the King Because wee heare that sinistrous informations and the late relation made by his Majesties Commissioner before the whole Councell of England hath given hard impressions against our proceedings whereof as we cannot but be sensible so you shall crave that his Majesty out of his tender care and
Commissioners subscription is declared to be one and the same with that of 1580. which giveth no warrant to such actions as ours are Where fiâ—st we desire it to be known universally that the Earle of Traquair his Majesties Commissioner did subscribe the Confession of Faith and Covenant with the explanation of the Assembly First in the house of Parliament in presence of the Lords of articles Septemb 6. both as Commissioner with the declaration made in the Assembly to be prefixed to his subscription and as Traquair simplie as other subjects have done Next that he subscribed the Covenant in the new house of Exchecquer as a Counsellour with other prime Lords of Counsell Roxburgh Lawderdaile Southesk and many others and that without any Declaration at all even the Marques of Huntlie shew his desire to subscribe with others but that he would have done it with protestation of his liberty outwith the Kingdome which the Ministers who were present to take the oath and subscription of the Lords could not admit But neither his Lordship nor any other pretended any scruple either in Religion or civill obedience to the King against their subscription so that neither in the Assembly nor in the Parliament-meeting of the articles nor at the Councell Table was there any suspition of treasonable combination against the King from this subscription Secondly if both that of the 1580. and this of 1638. be one then certainly this hath no more then that and that hath no lesse then this Neither is there any other difference of the one from the other but as was expressed in our Protestation Septemb. 22. 1638. such as is of a march stone hid in the ground and uncovered c. for this end and for giving full satisfaction to authority these words Wee have sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion c. but also that wee shall concurre with our friends and familiars in quiet manner or in armes as wee shall be required of his Majesty his Councell or any having his authority in every cause that may concerne his Majesties honour according to the Lawes of this Kingdome and the duetie of good Subjects c. are insert in the Supplication of the Generall Assembly first part of this representation pag. 48. Our third objection is That the demands proponed by us in Parliament are but matters in fieri which is so praegnant that it cannot be answered if it be considered as it was modestly proponed and very truly exponed by our Commissioners in their proceedings pag. 45 46. for many demands may be made to the articles which may be rejected by them and many things may be concluded in articles to be proponed to the Parliament which in face of Parliament being disputed may be judged inconvenient Demands are not definitions nor propositions to be accompted conclusions Things done by men must be in fieri before they be in facto esse every conception cometh not to the rypenesse to be a birth BY that which we have said we believe we are free before and in the Assembly and Parliament of insolencies and the heavy censures of Rebellion and Treason which are so ordinarily and at every other word thundered out that they are become the lesse formidable unto us who desire that all our actions and proceedings in this cause may be seen in their own colours and who are supported with this inward testimony that we fear God and still honour the King although nothing can proceed from us which will please our adversaries except we will follow their rules which are not unlike those of the Jesuits found at Padua when they were expelled the territory of Venice One of them was that men should take heed that they presse or inculcat not too much the Grace of God Another was that men must beleeve the Hierarchicall Church although it tell us that that is black which our ey judgeth to be white Vnto which we may adde the third invented by Ignatius Loyola of blinde obedience which we have no mind to practise because it is repugnant to the essence of the vertue of obedience which proceedeth from knowledge and election We intreat our adversaries to shew us in good earnest and not by way of railing In what sense have we incurred the censure of Rebellion and Treason in the Assembly as is alledged pag. 52. The Assembly was conveened by his Majesties authority countenanced from the beginning to the end by his Majesties high Commissioner all things were done with high respect to the Kings Majestie and with frequent prayers for his happines Nothing was put in deliberation till it was first proponed to his Majesties Commissioner nor any thing determined without his advice consent and approbation all was done in that order and decencie which this Nation out of use of Assemblies through the tiranny of Prelats usurping the jurisdiction of the Kirk could attain unto at the first or second time and all was closed with rejoycing in God and with many praises and prayers for the King under whose Majestie the Commissioner also had his own part And yet in the Assembly we must be guilty of Rebellion and Treason We cannot be mooved to think but the mitre of an usurping Prelat by the authority of a Nationall Councell may be thrown to the ground without the violation or smallest touch of the Crown or Scepter of Imperiall Majesty because we deny both the Tenets of the Romanists One that the temporall power of Princes is directly subordinat and subject unto persons Ecclesiasticall as having all power given them of God Another of such of them as are touched with a little shame that the temporall authority doeth not reside in persons Ecclesiasticall but is given unto them indirectly as necessar for the Spirituall which is but a shift and a difference of words what then should our judgment be of unlawfull and usurping prelats and popâ—lâ—ngs may be easily known by others or if need were made known by our selves if this were not a digression onely this much we intended that to dethrone a prelat and to over-turn prelacie we judge it no Treason against the King And so we come to the answer of the third part of the Declaration touching our faults since the Parliament Not three or foure but Ten transgressions and exorbitancies are here libelled against us The first three are the provyding of men munition and moneyes for our own defence which in us who are the Estates of a free Kingdome is held lawfull by the Law of God and Nature by our acts of Parliament by the practise of other reformed Kirks by the testimony of famous Divines by the assistance contributed by our own Princes to other Kirks and States invaded and distressed and we adde by the judgment of many amongst our selves who in the beginning of our troubles and before the late pacification had about this their own scruples wherein since considering what is done in England for
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
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
can be no diminution of his Majesties right or power in Assembly or Parliament and since the Pastors of the Kirk desire not to meddle with the civil affairs of the Kingdome and are heartily content for their means of life and any temporall thing that they possesse to be represented by the temporall estates of Parliament as the rest of his Majesties Subjects are whatsoever their calling or qualitie be Were the fountains and first originall of this place and power of spirituall or Kirk Lords discovered they would be found so bitter and venemous both to King and people that they would be soone disgusted of them and would be glad to apprehend the opportunitie of the temperament and moderation of Kirkmen willing to sequestrat themselves to the care of souls from State affairs and secular government which have ever proven unluckie in their hands as never being created of God for such a worke and the bane of Religion and the service of God as we of late and many other nations before us have found It is known that an act of oblivion in such a case of peace making and accommodating of affairs is very different from an act of Remission for although it beseemeth not Subjects to stand upon pointiles subtilties or complements with their Prince yet knowing the minds and malice of our adversariâ—s who upon the least word from us would begin to justifie themselves and condemne us from our own mouths against their just sufferings that they might be conquerours in the end And resolving to remain constant in the Confession of our own innocency that we had neither deserved the imputation of Rebellion and Treason nor yet any hostilitie and invasion but were certain our selves and laboured to certifie the Kings Majesty of our uprightnesse and sincerity in all our actions we judged it most reasonable in humilitie to acknowledge his Majesties justice goodnesse and fatherly care in giving way to the settling of thâ—se commotions and withall to have the authors and abettors to bear their own blame and burthen wherof to exoner them were to wrong the Kings honour and without faultinesse to defile and oppresse our selves and the cause of God The answers of our Commissioners Concerning the act of reliefe and the Five demands pag. 26. 27. and to many other propositions made to them are so full that we need to adde nothing Our adversaries have concealed more of the grounds of our actions as they are proponed by our CoÌ„missioners supposing it may be that they shuld never see the light then they have opposed unto the truth expresse by them yet one point of their artifice it is not meet that we should passe over They charge us upon our propositions of keeping our Castles by natives and of denying patents of honour to strangers but by such as have a competencie of Land-rent within the Kingdome that therby we are working division and wakening ancient Nationall animosities and in the mean while they fall in the fault themselves and labour by all means to provoke the English against us that our mutuall union of brethren may be changed in a slavery and subjection of the one Nation to the other that the glory of one of the two Crowns may be hâ—d under the other and there may be no other relation but of Master and servant which may have more aw and authority but lesse love and good liking We indeed professe that at this time it is hard to admit Garrisons of the English within our Castles although for winning the Kings Majesty to think the better of us that hath been done and we referre to the English themselves whâ—ther they think it reasonable or well grounded policie to conferre titles of honour and voice in Parliament upon men who neither have place nor office neither house nor land neither sowing nor reaping in this Countrey But it is comfortable to us to think and is unto us a ground of many hopes that the two Nations so long and so far divided before are in our time straitly joyned not only by naturall union in one Iland but also spirituall in one Religion civill under one Head morall in the mutuall interchange of so many duties of love And domesticall by marriages and allyances bringing forth children to be pledges of increasing and ever-during love to both Nations we heartily wish that all our Countrey-men honoured there were like Joseph or Daniel or Mordecai men of many blessings unto them although through the absence of our King we be deprived of the opportunity and means that they may wish the like happines unto us here Neither shall there be any favour put upon our postnati amongst them in Parliament or otherwayes but we shall strive in all thankfulnes to equall it according to our small power But withall we wish that our unworthy and disnatured Countrey men may find small respect there and such as are highly respected and honoured forget not in the time of necessity the Religion and liberties the soul and life of the mother that bore them and the breasts that give them suck When the Parliament had proceeded in their articles and demands after this manner and upon very good grounds we promised unto our selves a peaceable conclusion The Lord Commissioner sheweth that it is his Majesties will that the Parliament be prorogated to the 2. of June and that by his Majesties authority only of the prorogation the praetension is pag. 30. that our aime was not now for Religion but to alter the whole frame of civill governement The deduction of our proceedings by our Commissioners hath shown what our aime hath been and what reasons and means we have used to attain it The setling of Religion as it should be determined in assembly was promised And therefore no necessary consequence thereof although importing some alteration in the members or order of the Parliament should have been denyed Other matters of Religion may be settled by Law without the smallest alteration of Parliament But when it is found by the Assembly of the Kirk to be against Religion that the Ministers of Christ be Lords of Parliament a change in Parliament must needs accompany it Other things were promised which might conduce for the good and peace of the Kingdome The particulars which were presumed to be of this kind were proponed and demanded and ought to have been disputed in face of Parliament and either received or rejected as they did deserve Of the proroguing of the Parliament by his Majesties meer commandement the reason is given pag. 31. because we had disputed it upon what grounds the dispute was may be apparant from the declaration of Parliament Which we have here set down for two reasons One is that it self may be in stead of an answer against what is opposed And therfore we only desire that after the censure thereof is read it may be read the second time and considered and there will need no other reply Another reason is that the difference may be
of questions were withholden The Lord Commissioner his usurpation in the chosing of the articles above any thing that ever was done by any Commissioner or any of our Kings themselves before The act of oblivion refused except it had been turned in an act of pardon which his Majestie did not presse but passed by and caused delet in the time of the treatie The act of relief so necessary for the Subjects refused and the matter of Coyne altogether disordered The Parliament prorogat against the laws and continuall custome of this Kingdome and against the articles of the treatie The labouring of division by all means in the time of the sitting of the Parliament whereof some were shameful and unnaturall as is confessed since under the hand of some of the conspiratours upon theremorse of their conscience The Lords of Dumfermling and Lowdoun sent from the Parliament and that upon a warrant shewed by the Lord Commissioner were not honoured with his Majesties presence but commanded to return Scandalous relations of the proceedings of our Parliament made at the Councel table of England and judged there but the benefit of hearing before the Councel denyed to our Commissioners The Committee appointed by our Parliament for necessarie and pertinent ends is quarrelled and an English Committee of some few allowed to sit and judge of our Parliament The answers of our Commissioners taxed as impertinent but no particular reason given to shew that they are such The Covenant allowed by the Assembly and subscribed by the Lord Commissioner disallowed and that which was rejected before esteemed Our Commissioners pressed to give their judgement concerning calling and dissolving Assemblies and the negative voice in Assemblies contrary to the laws of this Kirk and Kingdome otherwise not to be heard Counsellours and officers of Estate discharged their places summarlie and never heard Commandment given to the town of Edinburgh to publish a Proclamation for discharging the Earle of Argyle from executing the office of justiciarie belonging heretablie to him by act of Parliament and to disclaime and disallow a Committee appointed by Parliament Commandment given to the towne of Edinburgh to receive to the Castle Garrisons of strangers over their own heads and to furnish all materials for their own ruine Great violence and outrage done by the Castle of Edinburgh not onely against men and buildings but women and children for many dayes past without any provocation from the towne A terrible commission granted to Northumberland for subduing and destroying us before our Commissioners who were waiting and ready to clear our intentions and actions had a hearing Great preparations by sea and land at home and from abroad against us before it was told us for what fault Our Ships and goods taken and the owners stripped naked and more barbarously used then by Turks and Infidels and we referred by the Governour of Barwick to the Councel of England for satisfaction Letters sent for eight Noblemen to repair to Court to be put it seemeth in the same condition with the Lord of Lowdoun The restraint of our Commissioners and the imprisonment of the Lord Lowdoun against all equitie law and conscience All things devised and done that may make a rupture and irreconcilable warre between the two Kingdomes All means used to disgrace this Kirk and Kingdome Books Pasquils Maskes honouring of our cursed Prelats advancing of our deposed Ministers denying presentation to Kirks c. No other answer given to our Commissioners there or to us here concerning the reasons of our demands whether they satisfie or not but a declaration given out denouncing a warre and armies coming upon us The Parliament of England which was called upon the sentence of the Councel animated by the relation made by the Commissioner that it was fit to use force against us hath not seen just cause of warre or of giving moneyes for war and so to enter in a nationall quarrell and therefore is broken up and yet the expedition ceaseth not By this time it may bee evident how matters stand all being brought to a worse condition then at the beginning nothing done nor granted for the enjoying of our Religion and liberties but all the means which have been used by us not onely before the Assembly and Parliament but even in the Assembly so peaceably ended with the consent of the Commissioner are censured for Rebellion Treason and contempt of authoritie Large profession is made before God and the world of a constant intention that wee shall enjoy our Religon and liberties and more then this we nor do nor did ever desire how then cometh it that wee rest not satisfied since his Majestie is disposed to grant all our desire The fallacie may bee soone seen The Declaration professeth that his Majestie never did hinder us from the enjoying of our Religion c. because his Majestie is still in the opinion at least our enemies would have it to appear that the Service Book the Canons Episcopacie are nothing against our Religion And therefore would grant us a Religion that may consist with them and take them all within the compasse of it In this sense the Lutherans Arminians Papists were they our Superiours would grant us the enjoying of our Religion because they conceive it not to be Religion wherein we differ from them and Politicks please themselves with a few principles of religion what is over those to be but superfluous or indifferent And where it may be opposed that his Majestie grants the enjoying of our Religion and liberties according to our Ecclesiastical and civil laws the same deception doth recurre and can never be removed till determination passe in Assembly and Parliament what are Religion and liberties by our laws This was therefore the summe of our desires from the beginning which his Majestie was also graciously pleased to grant but when the Assembly hath conveened and determined And when it beginneth to appear what the determination of the Parliament is like to be then all is called and counted rebellion Treason and contempt of authoritie in the Assembly and Parliament although proceeding soberly posedly and upon such grounds as were furnished by the lawes of the Kirk and Kingdome This is the round that wee have runne and wee are led back to the point at which we had our beginning A circular course which forteth well with the advise professed in a divisive meeting in the time of the Parliament and since discovered I will never bee an adviser of his Majestie to invade this Kingdome by hostility but to make shows upon our borders that we may be ever in armes our means may be consumed and we inpoverished that so the King at last may obtain his ends which is to turne this work into Penelopes â—ebbe to doe and undoe and thus to labour in vaine But the adviser might have been better acquainted with the Scottish temper of his own countreymen Seeing then that our humble desires of enjoying our Religion and Liberties are
part and to do many things beyond the bounds of duty or obligation having alwayes before our eyes that we were dealing with our King who by time would perceive the plots of our enemies that our desireable peace being obtained would be abundant satisfaction for all our sufferings and being confident in God that by his providence and the richesse of his goodnesse all our losses might in a short time be repaired And since the proroguing of the Parliament we have followed after peace in sending our Commissioners to be mediatours of peace by remonstrating the reasonablenesse of our humble desires and as we still do beg peace so have we done nothing but put our selves in order against invasion and unjust violence which if we had expected or if we had not been transported with the love of peace and of our King as a Prince of peace would we have taken verball expressions at the Camp for a ground work to build our peace upon would we have slipped from our advantages and put the Castles and Strengths of the Kingdome into our enemies hands would we without precedent in this Kingdome have yeelded at this time to the prorogation of the Parliament or would we have received an English garrison with armes and ammunition into the Castle of Edinburgh All these have we done and all these this day are turned and used against us and yet are we blamed to be the breakers of the peace But because this is the question proponed in the beginning if the ballance of every just judgement stand not right already we shall now by a short summary and recapitulation of what we have done and what we have sustained since the pacification make the weight more sensible It will ease us not a little when we shall see them weighed in the scales of unpartialitie and shall hear the sentence pronounced that the accusations against us are found light and of no moment in comparison of this counter poise of our performances and just grievances NO materiall point of the treatie which wee have not performed Wee incontinent dissolved our Armies disbanded our Regiments rendred the Castles and all ammunition restored all things that were not spent have keeped no unlawfull meetings and desisted from all fortifications When the Assembly was conveened matters Ecclesiasticall were determined according to the constitutions of the Kirk in the presence and with the consent of his Majesties Commissioner for which the Assembly gave humble and hearty thanks to his Majestie intreating and hoping for ratification of the Acts of the Kirk in Parliament wherein beeing conveened our care was to walke so warily that neither his Majestie should be provoked nor the liberties of the Kingdome prejudged and therefore wee laboured to have enacted things plaine and necessarie serving for the good of Religion and the peace of the Countrey And directed our Commissioners to give information to his Majestie concerning things that might seeme questionable And when the Parliament was prorogat by his Majesties authoritie without any precedent practise we suffered our selves to rise And although our Commissioners were repelled yet did we send our Commissioners again in greater number to render the reasons of our demands Our innocencie suffered us neither to fear such intertainment to them nor such answer to our demands as are contained in this Declaration but constantly desiring peace and hoping for the returne of our Commissioners with his Majesties gracious answer for the sitting of the Parliament wee have received strangers and with them all kinde of munition within our Castles which are now with great insolencie and barbarousnesse even against women and children used to our own hurt On the other part It grieveth us that quarrels have been picked and made up against us from the best and most ingenuous of our actions This is a coloured threed that ruuneth along the whole web of this Declaration we but point here at the first end of it It was openly professed before the Kings Majestie by our Commissioners at the Campe that his Majesties Declaration would not satisfie without his Majesties owne benigne interpretation by word and yet no sooner was this made out of a desire of peace but incontinent it is quarrelled and afterward the paper bearing his Majesties words burnt by the hand of the hang-man New fortifications were made and great Garrisons keeped at Barwick Carlile and other places and the officers brought over sea were not dismissed The Castles of Edinburgh and Dumbartaine extraordioarly fortified with ammunition and all sorts of fire-work for destroying the towne and especially with Garrisons of strangers The fortification of Leith first granted to the Town of Edinburgh to bee disposed upon and thereafter the contrarie commanded to make a quarrelling Suspicions and jealousies fomented in the hearts of the good subjects by frequent meetings and consultations with the excommunicat Prelats and by calling of fourteen of us to Barwick who were accompted prime leaders in this affair from the beginning An oath pressed upon our Countrey men in England and Ireland which because they could not take as supposing it both in the intention of those who ministred the oath and in the condition of the oath it self to be contrarie to their Nationall oath and Covenant they are punished diversly in their persons goods moneys lands and shipping and our desires to have them restored are not regarded Some words of his Majesties Declaration at the Camp which were delet at that time as very prejudiciall to our cause have been printed in the edition published at Paris and are taken in again now in this Declaration The Prelats although excommunicat were called to be members of the Assembly to the great discredit of the Kirk and farre from that which was spoken at the time of the Treatie The book called A large Declaration complained on at the Camp and censured since in the Assembly and Parliament neither recalled nor the authour punished But our informations although given out in name of the Kingdome burnt by the hand of the executioner and all men forbidden to read or have them When it was not possible for the Lieges to attend the Session was commanded to sit and since that time no proclamation nor course taken for ministration of justice Although the Assembly proceeded and was concluded with the consent of his Majesties Commissioner yet are we accused of Treason and Rebellion in the Assembly After the Assembly was closed new Declarations were emitted by the Commissioner prejudiciall to the Declarations made in the Assembly and destroying the substance of the acts of the Assemblie The refusing to ratifie the acts of the Assembly namely that of August 17 except with these limitations and declarations which would more have enervat nor strengthened the acts of the Assembly The refusing to restore to the Kirk her right of planting of some Kirks usurped by the Prelats and to grant the commission for plantation of Kirks The Registers of the Parliament although often desired for removing