it unlawfull by the Law of God and man to call for help from God and man Is there no help nor assistance by intercession by supply of money c Is all assistance by the sword and by men Is all imploring of assistance an argument of subjection unto the assistant May not friends and equalls assist as well as superiors Shall it be thought that diverse Princes and Estates sued unto for help are all invited to be rulers and governours over one and the same people We love not shrouds nor disguisements we speak the plain truth and feare nothing so much as that truth be not known We never had intention to preferre any forrain power to our native King whom God hath set over us We love not our selves or the English Nation so little as to raise up any wall of partition between them and us The Proclamation at that time as may be seen in our last Remonstrancepag 34. was without example Great forces by sea and land were coming upon us Informations went abroad in other nations to the prejudice of us and our Cause This made us to resolve to write unto the French King apprehending that upon sinister relation his power might be used against us as may be seen in our Instruction printed in our Remonstrance pag. 37. What kind of assistance we called for whether of men or mediation may be best known by the Commentary of our Letter our Instructions which are ready to be seen and are signed also by the Lord Lowdouns hand now in prison and therefore if we should need to say it not falsified without subjection or soveraignitie of either of the Nations Scotland or France Aide and assistance hath been given in former times If we had called at that time or have called now in the return of our troubles upon Denmark Holland Sweden Poland or other Nations for help are we therefore inviting them all to soveraignitie over us And when all is said or done the Letter was but an Embrio for saken in the birth as containing some unfit expressions and not agreeable to our Instructions and therefore slighted by the Subscribers but catched for some great advantage by this treacherous and secret accuser of the Kingdome Another Letter was formed consonant to the Instructions and signed by many hands But neither was this sent from us although some invent or imagine that it was intercepted by the way to France would be but late to avert the danger which was so neere The Letter it self carieth two tokens that is was unperfected one that it wanteth a date another that it beareth no superscription from us Both these are craftily turned against us The blank date hath made our enemies to number this Letter amongst our pretended faults committed after the Parliament where as it is universally known that it was written in May 1639. before our marching to the Border and therefore ought to have been buried in the pacification This is well known to the Commissioner who talked of it before his going to England was occasionally made known to some of quality in his Majesties Camp The want of the superscription hath made them to indorse it Au Roy a title say they used by the subjects of that Kingdome to their own Prince only But we affirme that the Letter was neither sealed folded nor written on the back by us or by our knowledge we hold it but a poore argument ground of accusation against the French or Dutch supplicating or writing to our King if they should say To the King every King being the King in his own Dominions We love not to harp more upon subscribing superscribing or sending of letters to other Princes to the Pope himself from examples of old of late which are not hid from the eyes of the world It is sufficient to us to have justified our selves to show how innocently the Lord Lowdoun suffereth for putting his hand to such a Letter the guiltines or innocencie here not being personall or proper to the Lord Lowdoun but nationall and common to us all And although it had been a fault his alone yet what soever it was it did in time for along time go before his cōmission imployment therfore ought not to have bin challenged till he had returned to his country unclothed himself of his commission turned again to be what he was a privat Nobleman The dignity safety of nations kingdomes Estates Republicks are much interessed in their Cōmissioners Legats whether they be sent from one Prince to another or from a kingdom province or republick to their own Prince Their dignity for what is done to the Legat is interpreted to be done to them that sent him their safety because if Legats be wronged there can be no more composing of differences nor possibility of Reconciliation which is the ground of the Law of Nations whose being consists in their honour and safety and therefore it will have no Legat to be accused during his Legation for any thing committed by him befor it It commands Legats to be free even from the inferiour Law of Reprisall and doeth reckon these to be the excellent effects which it produceth in all places where it is obeyed Religion to God Pietie toward our Countrey propulsation of injurie keeping of faith and that Legats be inviolable And although there were not such a Law of Nations yet his Majesties own roy all and inviolable warrant for the coming of our Commissioners to his presence at this time is enough for their safe conduct and security If they have committed any thing at home against their King Countrey or any particular subject the fundamentall Liberties and indepencie of the Kingdome and the practises of the former times since 1603. not onely in the persons of Noblemen but of others of mean quality doe require that they be tryed and judged at home in a Legall way by the ordinary Judicatories of the Land How many bloody warres and what horrible calamities have ensued upon this transgression of the Law of Nations we leave to be remembred from the Records of history and earnestly intreat for their liberty and safety who are to us as our selves When the wittinesse and malice of our adversaries are vented to the uttermost against all our proceedings since the pacification for things done before on either side ought not to be remembred not that we fear a new try all but because they are unty mous and impertinent By that which we have said and represented the unpartiall and such as are not praepossessed will find that till the peaceable ending of the Assembly and the proroguing of the Parliament not onely the bonds of piety to God loyaltie to our King and zeal to be approved of our neighbours but our desire our care and hope that all should end in a setled peace did oblige and tye us to bear many injuries to construct all so far as was possible to the better
A TRUE REPRESENTATION OF THE PROCEEDINGS OF THE KINGDOME OF SCOTLAND Since the late pacification BY THE ESTATES OF THE KINGDOME Against mistakings in the late DECLARATION 1640. Printed in the year of God 1640. A true representation of the proceedings of the Kingdome of SCOTLAND since the late Pacification By the Estates of the Kingdome against mistakings in the late DECLARATION 1640. ALTHOVGH our adversaries should not onely whet their tongues and swords but also dippe their pennes in the gall of bitternesse and every day write a book against us in this cause yet will it bee accounted of us as an ornament to our head and a chain to our neck for not wee so much as trueth it selfe doth suffer by them It being their ayme and designe to make Antichristian errour triumph above that truth which is coaeval with time it self their Art suitable cūning not only to conceal deprave verities which will prove the daughters of time but also to forge such lies as may serve most for their wicked ends But it wounds us sore that they are permitted to prefixe the sacred face and name of authoritie ordained of God to defend and vindicate trueth to their base and crooked wayes and that by their Sophistications as the goings of the Serpent the world should be obfirmed in errour and the simple and ignorant pitifully seduced and snared to be made the instruments of the execution of their malice and crueltie Wee may truely say if forgeries depravations and misconstructions were taken out of the minds and libells of our adversaries in this cause they would bee but poore and shrunken things unpleasing to themselves when they look upon them and of small power to worke upon others that heare them but they finde that this miserable mixture although agrosse embasement maketh their mettall the more pliant and flexible and to worke the better for making up their Idoll That book which carried the name and title of His Majesties large Declaration hath yet received no publîck and particular answer So many as are acquainted with our proceedings since the beginning of this worke as have taken diligent heed to such pieces of ours as it hath ingrossed which alone may be an antidote against all the venome of it and as have perused what beside came from us to the view of the world do find that it hath nothing against the cause or against the persons of men but what they are able to confute from their owne knowledge Before that Declaration was seene of us for it was not intended to open our eyes but to dazell the sight of our neighbours and therefore a long time kept without our borders we had given unto his Majestie and the Nobility of England satisfaction concerning our proceedings which were perverted by the author of that Declaration the pacification was concluded and an Assembly and Parliament promised and appointed Like as at the time of the pacification diverse of his Majesties gracious expressions were found contrary to the aspersions and blotts which had fallen from that foul pen. And this at that time was told his Majestie by some of our Commissioners and did teach us how impudent the forger was and how injurious to the King from whose justice wee hoped he should receive his deserved censure and punishment at the desire and supplication of the Assembly and Parliament which was judged to be a more generous way and more honourable for the King the Kingdome and many particular persons who were knowne to bee wronged then to trifle with such a party in a reply about things that were past and to make the wounds green which were begunne to close Neither in this was it our desire so much to do the party hurt as to make him repent and palinode without which wee cannot yet see how either his Majestie can be restored to his honour or the Kirk and Kingdome and many of his Majesties subjects repaired in their credite Although wee know that this our plaine and open profession of our judgement and desire wîll make him except God touch his heart the more desperatly wicked and if he have any power to abuse it that he be not called to that reckoning which he is not able to make The case is now changed It was time then to keep silence and now it is time to speake when our just exceptions against this late Declaration and our presenting of the naked and open truth as in day light without maskes and mummeries may if the Lord will prevent the mischief now intended the second time which was by other meanes in the mercy of God turned away at first And if this our endeavour shall proue uneffectuall to our wished ends of tranquillity and peace we must rest upon the determination of the Supreame providence and upon this testimony that we have delivered our own soules The steps of the Declaration shall be trod by us In the relation of our proceedings from the pacification to the Parliament In the time of the sitting of the Parliament and after the Parliament to this day In all which when the Declaration wandereth out of the way we shall modestly and with that respect which we owe to authority which shall never be vilified but ever be in high esteem with us keepe the way of truth and shal note the wilfull aberrations of our adversaries whose delight is to walk in wanderings and by-paths The question proponed in the beginning who they are that have been the disturbers of the peace is that which we desire to be debated and may be the more easily and clearly defined upon this threefold consideration First that Innovation in Religion and the infringing of fundamentall Liberties and Lawes which are universally acknowledged to be the maine causes of commotions have been the first motives and meanes of our Tempests and troubles When Religion and Justice which are the pillars of government begin to be shaken or under-myned no marvell there be disturbance in the house of the Common-wealth which yet is not to be imputed to all who are under the roofe but to such as have a hand and are workers in the mischief Secondly our wayes of redresse and deliverance from common ruine were no other but humble and frequent supplications to the Councell of the Kingdome first and not being heard in all reverence to the King himself as the great Master of the house fair legall protestations against the threatning pressing evils every one of thē bearing the testimonies of our loyaltie of our high honouring of Monarchicall government in the Royall person of our native King And when our supplications protestations proved nothing but fewell to that fire which was burning in the breasts of those Incendiaries our enemies and had inflamed our King to take armes against us and to put all in a common combustion We did still present in the one hand our humble supplications most earnestly begging to injoy our Religion and Liberties in peace under
by a treatie of peace have found no way more certain against it then to go about to commit some foul act against them with whom they would not have the accord to stand And it hath rarely come to passe that the best Princes have been suffered by male-contents to keep the conditions of peace which they have made with their own subjects For here it is no great difficulty to foment division and to make an exulceration in the mind of Soveraignitie We will not expresse what by relation and not by conjecture but by îndicative signes we learned at that time But will onely give the causes why the fourteen select persons called for by his Majesty were not suffered to goe to Barwick Some few of the many reasons given for staying the Noblemen and others named by his Majesty from repairing at this time to the Court at Barwicke 1. HIs Majesty hath not been in use at any time of the greatest securitie to call any of his Majesties Subjects out of the Kingdome after this sort At this time then which is so full of feares to call for so many of such Noblemen without any warrant or command sent to themselves it seemes to us strange and may we not say was ever his Majesty or his Royall Father wont to do so unto us since their going to England unto this day Although his Majesties Declaration at Dunce contrair to our mind and merit did call the late Assembly a pretended Assembly our humble and loyall proceedings disorders our courses disagreeable to Monarchicall governement and did threaten us with the terrours of his Majesties wrath yet our desire is to live a quiet and peaceable life under his Majesties governement and our zeale to his Majesties honour although with some aspersion put upon our selves before the world moved us to receive them because of diverse gracious expressions related from his Majesties mouth by our Commissioners which we did gladly heare and did note diligently for our own content and that wee might be able to satisfie others and without which the articles of pacification had never served for the beginning of peace yet we now understand that all or the greater part of these verball expressions are denyed which makes our hopes to waver giveth us great cause of Jealousie and suspition and moveth us to call in question all other reports made to us from his Majesty 2. His Majestie knoweth that what is so instantly pressed at this time was none of the articles agreed upon at that time And if beside the restitution of goods the rendring of the Castles the dissolving of the Army It had then been required that those fourteen should be sent to the Camp or to Barwicke the condition had beene harder then that wee could have yeelded unto it 3. Because we cannot judge the intentions of minds and disposition of hearts but by that which we heare with our eares and doeth appeare in action We desire to be considered that all expressions of favour are put upon our adversaries they esteemed and called his Majesties good Subjects and their practises his Majesties service Upon the contrair whole volumes are spred and even since the treatie put in all hands against us not onely stuffed with such reproaches against almost the whole Kingdome and particularly against the persons now sent for That it were a dishonour to the King to have such a Kingdome and a shame to bee set over such subjects as we are descryved to bee But also containing threatnings and vowes of exemplar punishment upon such as they are reported to be That the troubles of the Northerne parts of the Kingdome are not as yet ceased That Garrisons are kept at Barwick and other places of the borders That the Castle of Edinburgh is fortified and furnished above any thing that hath been heard of at any time before That some cruell and bloody words against the Scottish Lords have been over-heard in Barwick and which we could not have beleeved but that it is testified by so many Letters sent hither That our friends and Countreymen not onely in Ireland but even now in England are not only stopped in their trade but casten in prison for the modest refusing to take oathes contrair to their oath and Covenant which they have sworne in their own Countrey a violence not used before the treatie of peace contrair to the Law of Nations to the rule of common equitie of doing that to others which we would they should doe unto us and to the articles of pacification agreed upon with his Majestie These and other the like considerations doe so work upon us that for the present except we doe against our own hearts and deny our owne sense wee cannot give way to so eminent persons to repair to Barwick which we trust his Majestie neither will interpret to be disobedience nor diffidencie since we have been all carefull to see all the conditions performed to the uttermost on our part and there is not one of that number nor of us all but shall bee ready for our owne parts to give the most ample testimony of our obedience to his Majesties commandements and of our confidence in his Majesties Justice and goodnesse as his Majestie shall really find and experience at his coming and during his abode in the Kingdome For wee are assured what hath been committed by any since the begunne pacification contrair to any of the articles thereof hath proceeded from the disposition of wicked instruments about his Majestie who are enemies of his Majesties honour and our peace and have been the authors of all our wofull divisions which we beseech the Lord to put to an end by an happy and everlasting peace The darknesse of those clouds which than threatned the storme now like to fall upon this Iland had been easily scattered by the brightnesse of his Majesties presence in his Royall person which would have been so farre from danger as the Lord is witnesse never any such treacherous intention or motion entred in our hearts that never was there a King more heartily welcomed more chearfully intertained and more universally accompanied with congratulations and acclamations of joy then his Majesty would have been if he had come and stayed in this his native Kingdome till that had been performed in Assembly and Parliament which was promised in the articles of pacification But God would not have it so And his Majesty shew to our Commissioners That weighty affairs of the Kingdome of England did call for his Majesties presence whereof he had received advertisement from the Councell of that Kingdome But that he would appoint a Commissioner in his place fully instructed for the Assembly and Parliament By all which it is apparent that neither any tumult in Edinburgh nor the not coming of the Noblemen and others called for was so much as pretended at that time to be the change of his Majesties resolution Having now represented that the Innovation of our Religion and the infringing of our
remembred After the Assembly was conveened and his Majesties Commission read excusing the absence of his Royall person in these words quod quidem gravissimis maximique momentinegotiis reditum nostrum in Angliam urgentibus impediti jam praestare non possumus See pag. 24. and granting as full power to his Commissioner to doe as if his Majesty had been present in person in these words Sicutinos facere potuissemus si in nostra sacratissima persona adessemus secundùm Ecclesiae consuetudinem legesque praedicti antiqui regni nostri And after the Assembly was constitute in all the members some ordinary matters dispatched there were many speaches deliberations in the Assembly for settling the peace of the Kirk in such a way as might both preserve the liberties of the Kirk give hîs Majesty best satisfaction all which ended unanimously in the act following Sess 8. August 17. THe Kings Majestie having graciously declared that it is his Royall will and pleasure that all questions about Religion and matters Ecclesiastical be determined by the Assemblies of the Kirk having also by publick Proclamation indicted this free Nationall Assembly for settling the present distractions of this Kirk and for establishing a perfect peace against such divisions and disorders as have been sore displeasing to his Majesty and grievous to all his good Subjects And now his Majesties Commissioner John Earle of Traquair instructed and authorized with a full Commission being present and sitting in this Assembly now fully conveened and orderly constitute in all the members thereof according to the order of this Kirk having at large declared his Majesties zeale to the reformed Religion and his Royall care and tender affection to this Kirk where his Majestie had both his birth and Baptisme his great displeasure at the manifold distractions and divisions of this Kirk and Kingdome and his desires to have all our wounds perfectly cured with a fair and fatherly hand And although in the way approved by this Kirk tryall hath been taken in former Assemblies before from the Kirk Registers to our full satisfaction yet the Commissioners Grace making particular inquyrie from the members of the Assembly now solemnely conveened concerning the true and reall causes of so many and great evills as this time past had so sore troubled the peace of this Kirk and Kingdome It was represented to his Majesties Commissioner by this Assembly that beside many other The maine and most materiall causes were First the pressing of this Kirk by Prelats with a Service booke or booke of Common prayer without direction or warrant from the Kirk and containing beside the Popish frame thereof diverse Popish errors and ceremonies and the seeds of manifold grosse superstitions and idolatry with a book of Canons without warrant or direction from the Generall Assembly establishing a tyrannicall power over the Kirk in the person of Bishops and over-throwing the whole discipline and governement of the Kirk by Assemblies With a book of consecration and ordination without warrant of authoritie Civill or Ecclesiasticall appointing offices in the house of God which are not warranted by the word of God and repugnant to the discipline and acts of our Kirk and with the high Commission erected without the consent of this Kirk subverting the Jurisdiction and ordinary Judicatories of this Kirk and giving to persons meerely Ecclesiasticall the power of both swords and to persons meerely Civill the power of the keyes and Kirk censures A second cause was the articles of Perth viz. the observation of Festivall dayes kneeling at the Communion confirmation administration of the Sacraments in private places which were brought in by a null Assembly and are contrary to the Confession of Faith as it was meant and subscribed anno 1580. and diverse times since and to the order and constitution of this Kirk Thirdly the change of the governement of the Kirk from the Assemblies of the Kirk to the persons of some Kirk-men usurping prioritie and power over their brethren by the way and under the name of Episcopall governement against the Confession of Faith 1580. against the order set down in the booke of Policie and against the intention and constitution of this Kirk from the beginning Fourthly the civill places and power of Kirkmen their sitting in Session Councell and Exchequer their ryding sitting and voycing in Parliament and their sitting on the bench as Justices of Peace which according to the constitutions of this Kirk are incompatible with their spirituall function lift them up above their brethren in worldly pompe and do tend to the hinderance of the Ministery Fifthly the keeping and authorizing corrupt Assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Androes 1617. At Perth 1618. which are null and unlawfull as being called and constitute quite contrair to the order and constitution of this Kirk received and practised ever since the Reformation of Religion and withal labouring to introduce novations into this Kirk against the order and Religion established A sixt cause is the want of lawfull and free Assemblies rightly constitute of Pastours Doctors and Elders yeerely or oftener prorenata according to the libertie of this Kirk expressed in the booke of Policie and acknowledged in the act of Parliament 1592. After which the whole assembly in one heart and voice did declare that these and such other proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdome made anno 1580 have been indeed the true and maine causes of all our evils and distractions And therefore ordaine according to the constitutions of the generall assemblies of this Kirk and upon the grounds respectivê above-specified That the foresaid service-booke bookes of Canons and Ordination and the high Commission be still rejected That the articles of Perth bee no more practised That Episcopall governement and the civill places and power of Kirk-men be holden still as unlawfull in this Kirk That the above-named pretended assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Andrewes 1617. At Perth 1618. bee heereafter accompted as null and of none effect And that for preservation of Religion and preventing all such evils in time coming Generall assemblies rightly constitute as the proper and competent Judge of all matters Ecclesiasticall heereafter be keeped yearly and oftener prorenata as occasion and necessitie shall require The necessitie of the occasionall Assemblies being first remonstrate to his Majestie by humble Supplication As also that Kirk Sessions Presbyteries and Synodall Assemblies be constitute and observed according to the order of this Kirk After the voicing of this Act his Majesties Commissioner consented verbally to the said Act and promised to give in to the Clerk in writ the declaration of his consent and that he should ratifie this Act in the ensuing Parliament This act was accompanied with the testimony of two witnesses Master George Grahame and Master Alexander Lindsay the one deponing in the same Session the
would against the light of our minds and consciences have sinned against God and condemned our owne deed Thus way was made to the pacification and for praeoccupying all mistakes whether wilfull possibly by some or through weaknesse of memory by others These vocall interpretations and expressions were collected keeped by our selves and in papers delivered to some of the Counsellours of England in the words follow-ing Some conditions of his Majesties Treatie with his Subjects of Scotland before the English Nobility are set down heere for remembrance AS for the preface and conclusion of his Majesties last Declaration although it conteined hard expressions of the Subjects in Scotland yet his Majestie declared that he had no such opinion of them but required the paper to stand for his credit and for a point of honour with forraigne Nations and required they should not stand with him for words and expressions so they obtained the matter 2. As for calling the late Assembly pretended seeing the Subjects of Scotland professed they would never passe from the said Assembly and decrees thereof His Majestie professed as he did not acknowledge that Assembly further then as it had registrat his Declaration so would he not desire the Subjects to passe from the samine 3. Concerning the constitution of the Assembly It was showne his Majestie that none could be members of the Assembly but such as had a Commission viz. two or three Ministers from every Presbyterie with a ruling Elder one from each Burgh and University and his Majesties Commissioner His Majestie contended that his Assessours had vote and upon an expression in his Majesties Declaration that referred to some reasons contained in former Proclamations which were totally against the lawfulnes of ruling Elders It was desired that according to the custome of this Kirk all contraversies arising should be remitted to the Assembly it self His Majestie had some expressions craving these to be remitted to himself but being told that it was against the constitutions of the Kirk to have any other Judge but the voycer of the assembly where his Majestie or his Commissioner should be present and give the first voyce It was concluded that the word Free Assembly in his Majesties Declaration did import the freedome in judging all questions arising there concerning constitution members or matter 4. Concerning the restitution of the Castles as the subjects did it freely so did they expresse that what might concerne the safetie of the countrey they referred to the time of the Parliament at which time they should signifie their desires by Petition to his Majesty As also they told it had cost much charges in fortifying and keeping thereof The representation whereof to his Majestie they referred to that time 5. Concerning the restitution of persons goods and houses required by his Majestie It was promised provyding the great summes contracted for the publick were repayed in an equall way by all which behoved to be done either by commission from his Majestie or by Parliament And when it was objected that much goods were already spent The King answered That as for goods or ammunition that was spent they could not be restored but these that are extant must bee 6. His Majestie not allowing of the late assembly for the reasons contained in his severall Proclamations being excepted against as a declaration of his Majesties judgement against ruling Elders which prejudged the right constitution of a free assembly His Majestie after full hearing deleted that clause 7. That part of his Majesties Declaration which beares that no other oath be exacted of Intrants then that which is contained in the act of Parliament as also that clause bearing that the pretended bishops c. shal be censurable by the generall assembly being excepted against as presupponing and importing the continuance of episcopacie which wee could not acknowledge as being incompatible with the Confession of faith and constitution of the Kirk His Majestie was pleased to delete both these clauses 8. And it being with all instancie and humilitie prest Saturday June 15. That his Majestie would satisfie that main desire of the Subjects by declaring that his Majestie would quite episcopacie did answere that it was not sought in our desires And when it was replyed that our first desire to have the acts of the generall assembly ratified imported the same his Majestie acknowledged it to be so and averred that he did not refuse it but would advyse till monday the 17. At which time his Majestie being prest to give some signification of his quytâ—ng episcopacie and it being plainly shown to his Majesty that if he would labour to maintain episcopacie it would breed a miserable schisme in this Kirk and make such a rupture division in this Kingdome as would prove uncurable and if his Majesty would let the Kirk and Countrey be fred of them his Majesty would receive as hearty and duetifull obedience as ever Prince received of a people His Majestie answered that he could not prelimite and fore-stall his voyce but had appointed a free assembly which might judge of all Ecclesiasticall matters The constitutions whereof he promised to ratifie in the ensuing Parliament It were against duety for us to doubt of his Majesties intention to be personally present in the Assembly as it is expressed in the foresaid Declaration And we are no lesse assured that if it had pleased God so to dispose matters this day might have been in a better and more peaceable posture through giving and receiving in presence mutuall contentment betwixt the King and his Subjects But the penner of the Declaration hath been evill advised in rendring the reasons of his Majesties diversion from any disorders in Edinburgh or from the refusall of some Noblemen and others to goe to Barwick For that stir of some of the people did arise upon a rumor that the Lord Aboynd who had lately come from the troubles in the North where some of Edinburgh had lost their friends and acquaintance And that the late pretended bishop of Edinburgh the more odious to the people that in the recent Proclaclamation the prelats were called to be members of the Assembly that they both were at that time in the Coach about which the multitude made the concurse But no sooner were the persons discerned and the Lord Thesaurer seen and known but the tumult incontinent ceased All which being made known to his Majesty by Commissioners sent from Edinburgh and seconded by the Lord Thesaurer his owne relation his Majesty seemed to rest satisfied Neither was the refusing of the Lords and others sent for the true cause of his Majesties going away What means have been used by some bad instruments to disturb and cut off a treatie of peace is too manifest from the records of times past when men simulat and make a show to do that of a free mind which indeed necessitie constraineth them to do for the time there can bee no firme peace expected Wicked men also who find themselves prejudged
time of the Treatie which were put in the hands of the English and others and which we have remembred before in the own place hath suffered innocently For first it was the mean that brought about the pacification and gave some satisfaction to his Majesties Subjects against certain words and clauses of the Declaration which without that mitigation they would never have been able to digest 2. It did bear nothing contrarie to the articles of pacification but was a mollifying of his Majesties Declaration that it might be the more readie received by the Subject 3. It had been extreame and more then imaginable impudencie to put in the hands of the English Nobilitie a paper professing what was openly spoken a little before in their own hearing that it might be remembred afterward as occasion should serve and yet containing untruths and seditious positions contrary to all that was done for peace 4. When there was great murmuring and many exceptions taken at the words of the Declaration our Commissioners were carefull to remember every lenifying sentence and word which proceeded from his Majesties mouth and the hearers were no lesse carefull to note all with their pens which was by them related every man according as he was able to conceive And thus at first there were relations somewhat different one from another both in word and writ an evil very ordinarie at such times till our Commissioners joyning did bring all to their remembrance that neither more nor lesse might be written then was spoken and what was written might be delivered to some of the English ad futuram rei memoriam One thing it may be hath fallen further contrarie to his Majesties desire that the paper hath come to the knowledge of strangers which wee may aver hath not been done by us and which was impossible for us to avoid for our Commissioners to bring about the desired peace could not in their relations conceal his Majesties favourable expressions and those intended for our own tranquility coming in so many hands at home have possibly been divulged and unnecessarily carried abroad contrary to our intentions and desires This in the simplicity of our hearts we declare to be the plain truth of that which hath been before and is now so much noised And it is very likely that the smoak of the fire and the hand of the hang-man have carried it to the knowledge of many who would never have heard of it by the breaths or hands of others 3. As in gathering our forces our designe was for our own defence for his Majesties honor which would be speedily discerned if the enemies of this Kingdome who are taken for friends to the King were put to the tryal with us in another cause that did touch his Majesties honour So did we within the space of 48 houres the time appointed by his Majesty dissolve our army and upon his Majesties advertisment did also disband that one Regiment spoken of before in our first answers Concerning the Officers we were carefull both to observe that article of the pacification to his Majestie and also to keep promise to them which did binde us not to hold them in militarie pay but to vouchsafe them entertainment till they should be restored to their own or called to other service which ought not to be taken for any breach contempt or disobedience but for an observation of the law of nature and common equitie they being our own natives and having forsaken their places and means for defence of us and their native Countrey Lesse then this neither could they expect nor wee performe although the peace had been most firmly settled 4. All Forts and Castles were speedily restored and more strong and in better condition then before although they be now used for a terrour and for invasion against us the whole Ordinance put in the own place with the ammunition except a few Musquets and a little not considerable quantitie of powder which was spent and yet remitted to compt and reckoning All fortifications did desist Some part of the fortification of Leith was demolished for his Majesties satisfaction and the whole remitted by his Majestie to the town of Edinburgh as having right to the same 5 The nature and necessitie of our meetings was represented to his Majestie at the pacification we had neither keeped any before nor have keeped since but such as are warranted by the acts of Parliament law of nations and by his Majesties own permission for mutuall relief of our burthens which by this threatned invasion grow greater every day wherein nothing is done which either belongeth to the ordinarie judicatours of Councel or Session or which tendeth to the vexation of any of his Majesties Subjects but consultations had for our necessarie defence and such admitted to joyne with us as willingly offer themselves after their straying from us and from the cause which they now acknowledge they ought from the beginning to have maintained with us 6 We remember of no other fortification mentioned in the Treatie to be demolished but that of Leith neither do we understand what is meaned by this sixt accusation having given obedience in the greater wee would not have failed in the lesser to give all content 7. Some of the non-covenanters have not indeed entred in the possession of the houses and lands of his Majesties good Subjects which in the beginning they projected for themselves in the fancies of their heads and earthlines of their hearts yet none to our knowledge have been impeded after the pacification to return to their own houses and to live in peace although their provocations by secret dealing and writing against us and by their dayly boasting and raylings have been many whereof they will then repent themselves as others have done when they shall see their own follies and wanderings as birds from their nests 8. It is manifest by the eight article of this Manifesto that the Kings Majesty is highly wronged in his honour by such perverse instruments as have their hand in works of this kind against his loyall and loving Subjects For where his Majesty at the Camp was graciously pleased upon good reason and at the desire of our Commissioners to command the blotting of a clause out of the Declaration in these words For the Reasons contained in our former Proclamations which how materiall and important it was so many as are acquainted with those Proclamations can easily judge And likowise the Declaration was signed without it by his Majesties hand and now pag. 7. is printed without that clause for there it had been palpable yet in this our accusation this contentious pen hath dared against his Majesties mind to foyst and stuff in these words again that hee may make matters worse then they were at the beginning It would appear that he hath not been wel pleased with the blurring of the first draught and that either the malice of his heart or the conceptions of his brain swey him more then
other in the next and ninth Session by their writs given in to the assembly that they had deep sorrow for exercing the office of Episcopacie in the Diocesse of Orknay and Dunkeld against the word of God the confession of faith and constitutions of this Kirk for which they earnestly called for mercy from God and that they renounced that office in all time coming as is expressed at large in their poenitentiall bills put upon record in the books of the assembly From this assembly there were two Supplications directed one to his Majesties Commissioner against a book called A Large Declaration concerning the late tumults in SCOTLAND After it was examined by the appointment of the assembly and found to be dishonorable to God and his true Religion to this Kirk and Kingdome and diverse eminent persons in the Kirk and Kingdome and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions All which tend after a speciall manner to the dishonour of the Kings Majesty our dread Soveraigne and of his Majesties high Commissioner the Marques of Hammiltoun upon whom it is unjustly fathered as is contained at length and particularly in the censure of the book registrat in the records of the assembly which were long here to put in print and therefore we have only insert the Supplication The Supplication of the Generall Assembly to his Majesties Commissioner against a book called A large Declaration WEE the Members of this present Assembly for our selves and in name of the severall Presbyteries Burghes and Universities for which we are Commissioners Resenting the great dishonour done to God our King this Kirk whole Kingdome by the book called a large Declaration have heere represented the same to your Grace and have collected some amongst many of its absurd and grosse passages That from the consideration thereof your Grace perceiving the intollerable evills foresaids contained therein may be pleased to represent the same to our gracious Soveraigne and in our behalse humbly to beseech his Majestie so much wronged by the many foull and false relations suggested and perswaded to him as trueths and by stealing the protection of his Royall name and authoritie to the patrocinie of such a book To be pleased first to call in the said book and thereby to shew his dislike thereof Next to give commission and warrant to cite all such parties as are either knowne or suspect to have had hand in it and to appoint such as his Majestie knowes to bee either authors informers or any wayes accessarie being Natives of this Kingdome To be sent hither to abyde their tryall and censure before the Judge ordinary And in speciall Master Walter Balcanquell now Deane of Durhame who is knowne and hath professed to bee the author at least avower and maintainer of a great part thereof That by their exemplar punishment others may bee deterred from such dangerous courses as in such a way to raise sedition betwixt the King and his Subjects Gods honour may be vindicate from so high contempt his Majesties Justice may appeare not onely in censuring such malefactours but in discouraging all such under-myners of his Throne his loyall and loving Subjects shall be infinitely contented to bee cleared before the world of so false and unjust imputations and will live hereafter in the greater security when so dangerous a course of sedition is prevented And so will have the greater and greater cause to pray for his Majesties long and prosperous reigne The Supplication was received by his Majesties Commissioner and read in Councell and promise was given to impart the same to his Majesty and to return his Majesties answer Another Supplication was directed from the assembly to his Majesties Commissioner and the Lords of Secret Councell concerning the subseriving of the Covenant which together with the acts of Councell and assembly ordaining the same to be universally subscribed and with the Lord Commissioners particular declarations touching the act August 17. and touching the subscribing of the Covenant we have now from the Registers of the Kirk put in print that all men knowing our proceedings may have their scruples removed and may with equall judgment consider how far we are wronged The Supplication of the Generall Assembly to his Majesties Commissioner and Lords of Secret Councell WEE the Generall Assembly considering with all humble and thankfull acknowledgement the many recent favours bestowed upon us by his Majestie and that there resteth nothing for crowning of his Majesties incomparable goodnesse towards us but that all the members of this Church and Kingdome be joyned in one and the same Confession and Covenant with God with the Kings Majestie and amongst our selves and conceiving the maine lett and impediment of this so good a worke and so much wished by all to have been the informations made to his Majestie of our intentions to shake off civill and duetifull obedience due to Soveraignity and to diminish the Kings greatnesse and authoritie and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an union and for clearing of our loyaltie We in our own names and in name of all the rest of the Subjects and Congregations whom we represent do now in all humilitie remonstrat to your Grace his Majesties Commissioner and to the Lords of his Majesties most honourable privie Councell and declares before God and the World that wee never had not have any thought of with-drawing ourselves from that humble and duetifull subjection and obedience to his Majestie to his government which by the descent and under the reigne of 107. Kings is most chearfully acknowledged by us and our Predecessours And that wee never had nor have any intention or desire to attempt any thing that may tend to the dishonour of God or the diminution of the Kings greatnes and authoritie But on the contrair acknowledging our quietnes stabilitie and happinesse to depend upon the safetie of the Kings Majesties person and maintenance of his greatnes and Royall authoritie as Gods Vice-gerent set over us for the maintenance of Religion and ministration of Justice Wee have solemnely sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion and to the uttermost of our power with our meanes and lifes to stand to the defence of our dread Soveraigne his person and authority in the preservation and defence of the said true Religion Liberties and Lawes of this Church and Kingdome But also in every cause which may concerne his Majesties honour shall according to the Lawes of this Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in armes as wee shall be requyred of his Majestie his Councell or any having his authority and therefore being most desirous to clear our selves of all imputations of this kind and following the laudable example of our
to his Majesty All this was done immediatly after the confession of faith was subscribed by his Majesty and his houshold in January and was commanded to bee subscribed by the Subjects in March so that there can be no question about the intention and meaning of King Councell and Assembly in the point of the discipline of the Church mentioned in the confession of faith Yet One thing is mainly objected to prove that his Majestie and his councell did not intend the abjuration of Episcopacie In the yeere 1571. there was a solemne agreement between the Commissioners of his Majesties Councell and the Commissioners of the Generall Assembly that during the Kings minoritie or without a contrary order from Parliament there should be Archbishops and Bishops Deans Chapters Abbots and Priors their office and forme of election the oath taken by them at their admission the restitution to their Temporalities were all particularly agreed upon This agreement in the yeare 1571 was in precise tearmes confirmed by his Majesty and Councell in the yeere 1581. when the Covenant was commanded to bee sworne by the Subject and therefore it cannot be conceived that his Majesty and Councell did in the same yeere give order to abjure Episcopacie wherein they took such speciall care to confirme it Ans For answering this objection we are to consider first that in the yeere 1571 January 12. there was indeed a convention of Superintendents Ministers and other Commissioners for consulting about the governement of the church but that convention was not a Generall Assembly of the Church for the Register calls it onely a Convention and not an Assembly the ordinary Assembly was holden at Saint Andrewes in the same yeere 1571 March 6. according to the appointment of the Generall Assembly the yeere before This convention was procured by the Court for worldly ends especially that titles of Bishops Abbots and Priors which were not proper in the persons of Noblemen might be given to Kirk-men or Ministers with some small portion of the benefice that the noble men themselves might reape the benefite of the Rent which was the cause of the Scottish name of Tulchan Bishops at that time a name not improper for them a Tulchan in our language being the skin of a calfe stuffed with straw and set up beside the Kow to make her give milk to the owner 2. Although that convention at Leith was not a Generâ—ll Assembly yet did it not appoint those Bishops by it selfe but gave power to seven of the number or any foure of them to conferre with the Regent some of the Lords of secret Councell who did agree upon the office of Archbishops and Bishops Deanes and Chapters within the bounds of Dioceses c. which was of lesse authority in a matter of so high importance then if it had been their own doing 3. The articles and conclusions agreed upon by the Commissioners of his Majesties Councell and that convention were not approven in the next ordinary Generall Assembly holden at Saint Andrewes March 6. 1571. the Generall Assembly at Perth 1572. was not only offended with the names of Archbishops Deanes Archdeacons Chancellours c. as sounding to Popery but also declared that they did not approve that order of Church governement but did tolerat the same allanerly till a more perfect should be obtained for which they laboured afterward at all occasions So that the conclusions of that meeting at Leith 1571. never had the authority of this Church but were disclaimed by it During the time of this toleration many complaints were made in the Assemblies against Bishops and in the yeere 1573. and afterward some were appointed by the Assemblies to conferre with the Regent and Lords of secret Councell upon the jurisdiction and policie to bee continued and established in the Church till at last after many disputations and much reasoning the matter was brought to a finall conclusion the office of Bishops was abolished and Presbyteriall governement established Next concerning the act of Councell in the yeere 1580. confirming the agreement at Leith we answere 1. That the Councell lawfully could not confirme that agreement introduce Episcopacie or change the governement of the Kirk contrary to the acts of so many Generall Assemblies keeped from the yeere 1571 to 1580. wherein the policie and governement of the Church was so expressely set downe 2. The act of Councell was never published nor made known to the subject nor heard of in this cause till this time wherein no other thing can be alledged for salving of Episcopacie from abjuration 3. This act of Councell was posterior to the command for subscribing the confession of faith for the act was made in October 1581. and the commandement came forth in March many moneths before 4. No such intention was professed when the charge was given for subscription neither could the confession of faith in any sense beare the conclusions of that agreement these offices and the forme of their election being damned as Popish in the Assembly before no man will marvell much at such an act of Councell who knoweth what other acts passed that yeere in Councell and who is not a stranger in the history of that time the perusall and knowledge whereof will both shew how suddenly Covenants have been broken and will easily give satisfaction against all mistakings of this kind to so many as desire to know the trueth AGainst this our abjuration of Episcopacie first and last our adversaries arise with great hate strength and fight with tooth and naile for upon the one hand Episcopacie must be asserted by no other then by divine right and Hierarchie maintained not only as tollerable and lawfull but as necessary and divine Although before this time neither our own Doctors and Prelats nor the English have been so peremptory bold about this point for while some of them have maintained Episcopacie by divine authority yet others have been more ingenuous confessing it only to be grounded upon ancient custome and therefore to be an humane invention or Ecclesiastick tradition And a third sort different from both will have it to be Apostolick Again some of them make the forme of Kirk government to be universall and perpetuall and others hold it to be locall and conformable to the civill policy Thus have they been divided one of them from another But in this exigence and point of time one must undertake for all to cry up Episcopacie as coming from Heaven not from the earth even as it hath the altitude of fixed superiority the latitude of spirituall jurisdiction And why because we have abjured it and our Assemblies have found it unlawfull in this Kirk this was their modesty of expression desiring more to reforme at home then to be busie abroad for which they find no more courtesie nor lesse acerbity of spirit then if they had given out a generall sentence concerning the government of the Kirk It is not for us nor for this naked relation
of Truth to enter in dispute but if our adversaries show not themselves more learned in their arguments nor they prove skilled in our Kirk-government and History which are the grounds of their vehement exhortation to their Northern brethren they will be found to have given but words in stead of substance As our adversaries have risen thus upon the one hand against our abjuration of Episcopacy by averring it to be of divine authority that the contradiction in the point of Kirk-government may be plain and strong So do they upon the other hand with all immanity and bar barousnesse against all our treaties and intreaties constrain our poore Countreymen and women in England and Ireland to sweare oaths whereof some covertly and other expressely carry an abjuration of the Oath and Covenant of Scotland as damnable and treasonable although it was sworne at first by the King himself that then was and is now again subscribed by his Majesties Commissioner in his name and with his consent ordained to be subscribed by Subjects of all ranks throughout the Kingdome and therefore may as well he called a Royall as a Popular Covenant What impiety this is against God and what provocation of his Justice what a snare it is to many poore soules how great dishonour is hereby done to Royall authority by had counsellours and wicked ministers and how farre it is from procuring cheerfull obedience or tying the hearts of people to Soveraignitie wee leave to be considered and heartily wish that a more wise a more conscionable and a more effectuall course may be taken for settling the peace of the Kingdome The words of the Oath which hath been ministred lately to be signed and sworne by some of our sea faring men and by them produced before us we have set downe and thereafter shall go on to the proceedings of our Commissioners sent to England I A. B. one of his Majesties Subjects in the Kingdome of Scotland doe by these presents signe with my hand upon my great oath as I shal be answerable to God upon my Salvation and Condemnation testifie and declare that CHARLES by the grace of God King of Great Britain France and Ireland Defender of the Faith is may Soveraigne Lord And that next unto Almighty GOD and his Sonne CHRIST IESUS He is over all persons within his Majesties Kingdomes and Dominions and in all causes as well Ecclesiasticall as Civill supreame Governour To whom his Heires and Successours I am bound in duty and alleageance to all obedience if it were to the losse of my life estate and fortunes doe hereby abjure all combinations Covenants and Bands that can bee pretended upon pretext of Religion or Liberty of the Kingdome and specially the damnable and treasonable Covenant commonly called the popular Covenant so much magnified now in Scotland and do promise never to take Armes against his Majesty his heirs and successours offensive or defensive but to abide constant in alleageance duety and obedience which I professe Almighty GOD hath tyed me to and to do the uttermost of my power against all oppositions whatsomever for rain or home bred So help me God The proceedings of the Commissioners sent from the Parliament of SCOTLAND To the KING SO soone as our Commissioners got presence and had the honour to kisse his Majesties hand they did in all humility represent to his Majestie how grievous it was to his Majesties good Subjects of that his ancient and native Kingdome that their loyaltie should bee called in question or that their proceeding should be traduced as trinching upon his Majesties authoritie or as contrare to the Laws And craved a publick hearing before his Majesties Councel of both Kingdomes for clearing of the justnesse and lawfulnesse of their proceedings and vindicating them from those unjust aspersions laid upon them by sinister information and that relation made publickly by the Earle of Traquair before the whole Councel of England to their prejudice And did likewise deliver to his Majestie a thanksgiving from the generall Assembly containing a supplication for ratifying the conclusions thereof upon the 20 of Februarie 1640. The King commanded that what ever they had to remonstrat or petition to him they would present the same in write And that he would signifie his pleasure to them by the Earle of Traquair whereupon they gave in the remonstrance or supplication following MOST SACRED SOVERAIGNE BEing sent here from the Parliament of Scotland humbly to remonstrat that no earthly thing could be more grievous to them then that their loyaltie should be called in question or that any such hard impressions should bee given to your Majestie against their proceedings as trinching upon your Majesties sacred person and inviolable authoritie as not warranted by the fundamentall Laws and laudable practises of your Majesties ancient and native Kingdome or as contrare to the promises remonstrances which were made to your Majestie by your humble and faithfull Subjects in the truth of their hearts and were in the same sense graciously accepted by your Majestie And seeing your Majestie hath out of your goodnesse and justice kept one ear for us and would not give place to the suggestions and obliquies of any till the reasons of our proceedings and demands were made known from our selves who are allowed by your Majesties Royall warrant to come here for that end Therefore we humbly crave that your Majestie out of your fatherly care and tender compassion of your native Subjects may bee graciously pleased to grant us a full hearing and to call such as are here of the Councel of both Kingdomes that before your Majestie and them your Majesties Subjects may be vindicat from these aspersions and imputations wherewith we hear they are charged and that we may clear that the desires and proceedings of the Parliament are so agreeable to the fundamentall Laws and practise of that Kingdome and to the articles of pacification as may merit approbation at the throne of your Majesties justice and procure your Majesties royall commandments for the proceeding of the Parliament that by the mutuall embracement of Religion and justice the peace of the Kirk and Kingdome whose distressed estate and condition can hardly admit delay may be established and the love and chearfull obedience of your Majesties Subjects confirmed and increased And lest by occasion of that relation which was publickly made by the Earle of Traquair before your Majestie and your Councel any prejudicat thought may be harboured in your Majesties royall heart and if any hard impressions be given against your Subjects unheard the same may bee disludged Wee humbly crave that we may have that relation in the same terms and as it was then delivered under his hand which since it is sought that wee may bee the more able to give all respective satisfaction to your Majesties royall and just commandments we hope will not be refused And having once the permission and happinesse in publick to clear the loyaltie of your Majesties
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
seen betwixt the declaration which was made by us in the Parliament-house and that which was printed by his Majesties authority we mean not escapes of the Printer but willfull errours of the Author that no man may any more be ignorant how far the King there and the Kingdome here are abused we suppose the Reader to be honest and judicious that we need not insist in exponing the causes why such and such parts of our Declaration are left out and therfore will content our selves to describe the words and clauses which are past over in a smal Character The Declaration of the Estates of Parliament concerning the prorogation of the Parliament c. WE Noblemen Barons and Burgesses Commissioners of shyres and Burrowes conveined in this suprcame Court of Parliament by his Majesties solemne indiction and holden by John Earle of Traquair his Majesties high Commissioner do with all dutifull and loyall respect unto the Kings most Excellent Majesty and with our best affections to the preservation of the Body of this Kingdome which we now represent make known that where contrary to the malignant disposition and the wicked devises and practises of some of our disnatured Countreymen and their complices his Majesties face did not only begin to shine upon us to the calming of all these tempests and troubles which were at fiâ—st raised by their own inventions and innovations of Religion but his Majesty did also with advise of the Counsâ—llours of both Kingdoms declare and assure that it was his Royall will and pleasure for afterward That all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliament and other inferiour judicatories established by Law which was and is the summe of our whole desires and therfore was pleased to indict a free Generall Assembly to be conveined at Edinburgh the 12 of August for setling the peace of the Kirk and a Parliament to be holden 26. August for ratifying the constitutions of the Assembly and for setling such other things as may conduce for the peace and good of the Kingdome And because his Majesty could not be present in his own Royall person which was our earnest desire and had been our great delight It pleased his Majesty so far to tender the minds of his well meaning subjects as to promise unto them a Commissioner instructed with full power to bring matters to a finall conclusion both in Assembly and Parliament against all fears offrustration and jealousies of prorogation or delayes And forsameekle as John Earle of Traquair his Majesties Commissioner honoured with a most ample Commission according to his Majesties Royall word having closed the Assembly and having sitten with us in Parliament a very long time for debating and preparing such articles as were to bee presented in face of Parliament doth now take upon him and that without the consent of the Estates and without any offence on their part who have endeavoured in all their proceedings to witnesse their loyaltie to the King and duety to his Grace as representing his Majesties sacred person to prorogate the Parliament upon a private warrant procured by sinister information against his Majesties publick Patent under the Great Seale and that upon pretence of a clause in the Commission under the quarter Seal which was only for fencing continuing of the Courttill the down-sitting of the Parliament and that even by representation of the Estates who now being present themselves cannot be represented by Commissioners but doe directly dis-assent which warrant is now expyred in it self and is not renewed under the quarter Seal whereby hee doth heavily offend all his Majesties good Subjects and indanger the peace of the whole Kingdome for which he must be lyable to his Majesties Royall animadversion and to the censure of the Parliament this being a new and unusuall way withour precedent in this Kingdome contrary to his Majesties honour so farre ingaged for present ratifying of the acts of the Kirk contrary to the Lawes Liberties and perpetuall practice of the Kingdome by which all continuations of Parliament once called conveened and begun to sit have ever been made with expresse consent of the Estates as may bee seen in the reigne of K. Jam. 6. Q. Mary K. Jam. 5. K. Jam. 4. K. Jam. 3. K. Jam. 2. K. Jam. 1. and so forth upward in all the printed and written Records of Parliament contrair to the publick peace both of the Kirk and Kingdome which by reason of the present condition therof and the great confusion like to ensue cannot endure so long delay and which is to the advantage of our malicious adversaries who for their own ends are uncessantly seeking all occasions by dividing betwixt the King and the Kingdome to bring both to utter ruine and desolation THEREFORE Wee the Estates of Parliament out of our zeale to acquite our selves according to our place both to the Kings Majesty whose honour at all times but especially conveined in Parliament we ought to have in high estimation and to the Kingdome which we represent and whose Liberties shall never be prostitute nor vilâ—fied by us are constrained in this extremity to manifâ—st and declare to all men who shall hear of our proceeding that as we have not given the least cause or smallest occasion of this unexpected and unexemplified prorogation So we judge and know the same to bee contrair to the constitution and practises of all preceeding Parliaments contrair to the Liberties of this free and ancient Kingdome and very repugnant to his Majesties Royall intentions promises and gracious expressions in the articles of the late pacification which we trust will be no sooner presented to his Majesties equitable consideration but the adversaries who have informed against us shall be driven from his Majesties presence and receive their deserved recompence of reward And wee doe further declare that any prorogation made by the Commissioners Grace alone without consent of the Parliament by himselfe or any Commissioner in his name or under the quarter Seal or by the Lords of the Councell who have no power at all in matter of the Parliament during the sitting thereof shall be ineffectuall and of no force at all to hinder the lawfull proceedings of the Subjects and the doers thereof to be censurable in Parliament And farther we declare that the Commissioner his nomination of the articles by himself his calling together these articles and commanding them to sit continually and proceed notwithstanding their day lie protestations to the contrair his keeping frequent Sessions of Councell and determining causes in Councell during the time of the Session in Parliament his calling down and calling up of money enduring the Session of the Parliament without consent of the Estates of Parliament notwithstanding that the Parliament had taken the money to their consideration and had purpose to have given their advice for a determination there-anent his frequent prorogating the ryding of the Parliament without consent of the Estates or mentioning
advancing of Popâ—rie and what is done at home expresly against the articles of the pacification they rest perfectly satisfied If the defence be lawful the hands of men and the aide of moneys are necessary adminicles which all the Subjects do acknowledge and therfore contribute most willingly without the least exception except of some few not against the thing it self but against their stint and proportion which yet is lesse quarrelled in this then it hath been at any time in ordinary Subsidies or taxes It is known to the world that Scotland hath no Treasures whereof to boast but on the contrary if we be blocked up we will be necessitated either to famish or to fight our selves free And although we had the treasures of Craesus or Darius we would not put our trust in them The sentence of Q Curtius which after him is become common in the world crying up moneys above the just value that they are the Sinewes of warre is upon good grounds by wise men and upon better experience recalled and exploded The sinewes of this warre if a warre shall be must be a good cause good consciences and Souldiours stout and fearing GOD who cannot bee found out by gold but will be able to find out gold as some writers about this have spoken well Our fourth Transgression is from our papers and pamphlets and namely against an Information from the Estates of the Kingdome of Scotland to the Kingdome of England Many things have been written on both sides but in very different manner inasmuch as the writings of the prelats and their partisans are full of railings detractions injuries and slanders against this Kingdome and full of sedition to stirre up our King against us much written that our defence is unlawfull nothing against the unlawfulnesse of the invasion But our writings are full of al kinds of reverence to the Kings Majesty and of respect to the English Nation pressing the matter in hand without digression or falling from the purpose upon the persons of men further then the action intended against our adversaries the authors of all these evills did inforce us The for me of answering our Information not by evidencing any untruth or undutifulnesse in it but by Proclamation and by fire and faggot is indeed for the time the most easie the most compendious and the most affrighting way to the poore ignorant multitude But England can tell that the truth cannot be consumed by fire but will rise more pure and clear out of the ashes and flye with multiplyed wings further abroad in the world then before We might also without presumption have expected that an Information coming not from a particular person or society but from a Kingdome would have found with the Councell of England some better entertainment But we trust our Informations will be more precious in the sight of our friends who know through what difficulties they make their journey and what acceptance they find at their arrivall The next three Transgressions are about the Castle of Edinburgh and certain Fortifications Out-rages and violences we have committed against none of that Castle but many have we endured out of a desire and hope of peace and for them have returned courtesies and favours Materials to the Castle were not denyed till by boasting profession was made of that which wee might have known before that it was to be turned against our selves and the Town neither then were they altogether denyed so farre as our own necessary use of materialls would permit Neither was any work raysed against the Castle but a Rampier onely for defence of a Court d' guard till violence was done from the Castle Our desire and hope of peace and our unwillingnesse by the smallest breach to lose the thankes of our former obedience have mooved us to supererogate and to doe more then wee were oblidged but have not suffered us to be deficient It is rather to bee wondered at that wee have done so much to make up a Fortification against our selves and to put weapons in the hands of our enemies then to bee reprooved that we have done no more The eight concerning the Lord of Southesk and no other of quality except Sir Lewes Stewart we remit to the information of their own Letters come to his Majesties knowledge The carriage of Noblemen of Barons and of the Magistrats of the town of Edinburgh upon the harmlesse accident of their surprizall by the multitude doth rather deserve thanks then challenge from themselves or any other as is contained in our Remonstrance pag. 32. their safety in the time and their Liberty granted them since how soon they could be in safety are reall testimonies that no evill was meant against them We would not have it supposed that we do all that we are able to do or what we do for good that it is done for evill The ninth concerning the rendring of the Towne of Edinburgh into the hands of a Committee and therby the incurring the guilt of high Treason we wonder how any should be found so wicked as to invent it and much more if his Majesty or any wise or good man can be moved to believe it They have the honour to be the first Citty of this his Majesties Kingdome and as a principall member do joyn in this common cause of mutuall defence but neither know of any such usurping Committee nor of submission to any power beside that of their Soveraigne Lord and King how ready the Magistrats and whole Body of that Town have been to all good offices for his Majesties honour how far they have strained and spent themselves upon publick works for the honour of the Kingdome how difficult commandements they have obeyed at his Majesties pleasure and how they have omitted nothing which they conceived could be brought within the compasse of the duty of humble and faithfull Subjects These who somtime professed themselves to be their friends but are now become their enemies can bear witnesse We may truly with them and in their name honour them with this testimony that as it is his Majesties glory to have one prime City in this his Kingdome so have they beside all other respects by their affections and deportments deserved to be the first and to have a better place in his Majesties estimation then to be suspect of Rebellion or Treason Declarations of this kind are devised to be divisions betwixt the King and his best Subjects The Tenth Transgression is keeped to the last place Decumanus fluctus as a great wave to over whelme us and our Cause But we have no fear so long as we saile in the ship of a good conscience which by no surge or storme can be wrecked This is that French Letter so much talked of and insisted upon as to open a gate to let in forrain power to rule over England and our selves which by what consequence it can be inferred we would fain know when a people is sore distressed by sea and land is
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
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