secondly desire that his Majestie would be pleased to declare and assure That it is his Royall will that all matters Ecclesiasticall be determined by the Assemblies of the Kirk and matters civill by the Parliament and other inferiour Judicatories established by Law because wee know no other way for preservation of our Religion and Lawes and because matters so different in their nature ought to be treated respectivê in their own proper Judicatories It was also desired that Parliaments might be holden at set times as once in two or three yeares by reason of his Majesties personall absence which hindereth the Subjects in their complaints and grievances to have immediat accesse unto his Majesties presence And where his Majestie requires us to limite our desires to the injoying of our Religion and Liberties according to the Ecclesiasticall and civill Lawes respectivè Wee are heartily content to have the occasion to declare That we never intended further then the enjoying of our Religion and Liberties And that all this time past it was farre from our thoughts and desires to diminish the Royall authoritie of our native King and dread Soveraigne or to make any invasion upon the Kingdome of England which are the calumnies forged and spread against us by the malice of our adversaries and for which wee humbly desire That in his Majesties justice they may have their own censure and punishment Thirdly we desired a blessed pacification and did expresse the most readie and powerfull meanes which we could conceive for bringing the same speedily to passe leaving other meanes serving for that end to his Majesties Royall consideration and great wisedome Before his Majestie gave an answer to our above written desires Three Querees were read out of a paper by his Majesty to our Commissioners Vnto which they gave a present answer by word and at his Majesties instance prepared their answers to be exhibite in writ but they were not called for THE QUEREES 1. WHether we acknowledge the Kings Majestie to have the sole indiction of Assemblies 2. Whether his Majesty hath a negative voyce in Assemblies 3. Whether his Majestie hath the power of raising Assemblies ANSWERS 1. THat it is proper for the Generall Assemblie it selfe to determine questions of this kind and it were usurpation in us which might bring upon us the just censure of the Generall Assemblie to give out a determination 2. The answering of one of those three demands is the answering of all for if the sole indiction belong to his Majestie there needeth no question about the negative voice and dissolving of Assemblies Next if his Majestie hath a negative voice there needeth no question anent the indiction and dissolving and if his Majestie may discharge the Assemblie there needes no question about the other two For our parts we humbly acknowledge that the Kings Majestie hath power to indict the Assemblies of the Kirk and when in his wisedome he thinkes convenient he may use his authoritie in conveening Assemblies of all sorts whether generall or particular Wee acknowledge also that the solemne and publick indiction by way of Proclamation and compulsion belongeth properly to the Magistrate and can neither bee given to the Pope nor to any forraigne power nor can it without usurpation bee claymed by any of his Majesties subjects But wee will never thinke that his Majestie meaneth that in the case of extream or urgent necessitie the Kirk may not by her self conveene continue and give out her own constitutions for the preservation of Religion 1. Because God hath given power to the Kirk to conveene The Sonne of God hath promised his assistance to them being conveened and the Christian Kirk hath in all ages used this as the ordinary and necessary meane for uniforme establishing of Religion and Pietie and for removing of the evills of heresie scandals others of that kind which must be and would bring the Kirk to be no more if by this powerfull remedie they were not cured and prevented 2. According to this divine right the Kirk of Scotland hath keeped her Generall Assemblies with a blessing from Heaven for while our Assemblies continued in strength the doctrine worship and discipline the unitie and peace of the Kirk continued in vigour Pietie and Learning were advanced and profanitie and idlenesse censured 3. The Kirk of Scotland hath declared that all Ecclesiasticall Assemblies have power to conveene lawfully together for treating of things concerning the Kirk and pertaining to their charge and to appoint times and places to that effect 4. The libertie of this Kirk for holding Assemblies is also acknowledged by Parliament and ratified by acts thereof which is manifest by the act of Parliament holden in anno 1592. and that upon the ground of perpetuall reason 5. Because there is no ground either by act of Assembly or Parliament or any preceeding practise whether in the Christian Kirk of old or in our Kirk since the reformation whereby the Kings Majestie may dissolve the Generall assembly or assume unto himselfe a negative voyce but upon the contrary his Majesties prerogative is declared by act of Parliament to be nowayes prejudiciall to the priviledges and Liberties which God hath granted to the spirituall office-bearers of his Kirk which are most frequently ratified in Parliament and especially in the Parliament last holden by his Majestie 6. By this meane the whole frame of Religion and Kirk Jurisdiction shall depend absolutely upon the pleasure of the Prince whereas his Majestie hath declared by publick Proclamation in England that the Jurisdiction of Kirk men in their meetings and courts holden by them doeth not flow from his Majesties authoritie notwithstanding any act of Parliament which hath been made to the contrary but from themselves and their own power and that they hold their courts and meetings is their own name After much agitation and many consultations his Majesties Declaration touching the intended pacification was read to our Commissioners who upon their dislike and exceptions taken both at matter and expressions as contrary to our minds and prejudiciall to our cause did humbly remonstrat that the Declaration as it was conceived could not give satisfaction to us from whom they were sent His Majesty was graciously pleased to command some words to be deleted other words to be changed and many parts thereof were by verball promises and interpretation from his Majesties own mouth mitigated which in our estimation were equall to that which was written some of the Counsellours of England assuring our Commissioners that what was spoken and promised before men of honour and in the face of two Armies was no lesse certain and would no doubt be as really performed as if it had been written in capitall Letters which therefore were diligently observed carefully remembred and punctually related by our Commissioners at their delivering of his Majesties Declaration to us And without which wee nor could nor would have condescended and consented to the articles of the Declaration more then we could or
of the Estates No change of the value of money or coynage thereof but by advice of Parliament Book of rates to be revised by Parliament The Castles of Edinburgh Dumbarian and Stirling to be intrusted onely to Natives and these to be chosen from time to time of honest men by advice of the Estates Act anent the Judicatorie of Exchecquer Because these propositions were delivered to our Commissioners without any objection against the same or querees concerning these demands They did require that if there were any querees to be demanded of them or any objections to be made against these or any other acts and propositions given in to the articles That the same might be set down in writ Wherunto it was answered That his Majesty was to make no propositions to them but that his Majestie being informed that such motions and propositions have been made either in face of the articles or to his Commissioner hath taken notice thereof as prejudiciall to his Majesties authority And therefore required them to show the reasons why they did demand the same Vpon the 16. of March when our Commissioners did appeare before his Majesty They did present their answers in writ to the former queree and propositions in manner following viz AS our power and instructions from the Parliament doe warrant us to show that their proceedings and desires are agreeable to the Lawes and practise of the Kingdome and to the articles of pacification So we are enjoyned particularly to answer all objections which either were proponed or which they conceived could be proponed against the acts and proceedings of the Parliament And as concerning any other question which was not moved in Parliament nor is against the articles and propositions given in to them As the same did not fall within the consideration of the Parliament So neither can it come within the compasse of our instructions as that whereunto wee have warrant to answer It is also to bee understood that the propositions and acts given in to the articles are not statutes but are onely proponed and given in to them to be prepared for the Parliament That the Parliament may enact or refuse the same as they shall find them expedient or inexpedient for the good of the Church and State And as concerning the queree anent the prorogation of the Parliament we are warranted by our instructions and informations to show that the prorogation of Parliaments of that Kingdome once being conveened in plaine Parliament and having chosen articles or entred on actions hath ever been done with consent of the three Estates as may be seene in the reigne of King James 6. Queen Mary K. Ja. 5. K. Ja. 4. K. Ja. 3. K. Ja. 2. K. Ja. 1. And so forth in all the printed and written Records of Parliament And they are confident that your Majestie will be graciously pleased to keep that order and forme of prorogation of Parliaments which all your most worthie and Royall Antecessours did Neither did the Parliament expect that your Majestie who did graciously grant this Parliament for establishing of Religion ratifying the conclusions of the Assemblie and settling the peace of the Kingdome and hath accordingly given an ample power under your Majesties broad Seale pro tentione observatione Parliamenti without any power or clause of prorogation or delay would require this Parliament to be prorogued without consent of the Estates of Parliament Till these things be performed which your Majestie was graciously pleased to condescend unto Where it may be objected That a Parliament was prorogued or continued De mandato Regis It is answered That proves the denomination of the act to be taken from the King But doth nowayes prove that the act was made without consent of the Estates more then that act of Parliament of K. Ja. 2. holden at Edinburgh the 28. of June 1450. fol. 33. Bearing that the three Estates did continue the Parliament without naming the King will inferre that the Estates wanted the Kings consent For it is usuall that the denomination of acts of Parliament is taken sometimes from the King onely sometimes from the Estates and sometimes from both And that the prorogation was done by act of Parliament is enough to prove it to be done with consent of the Estates And the Letter written by K. Ja. 6. in the Parliament May 1604. To the Lord Balmerinoch his Majesties Secretary That seeing the Parliament of England was continued therefore the Estates should continue the Parliament of Scotland which they did doth evince that the Parliaments were continued with consent of the Estates And having thus according to the instructions given to us showne the Judgement of the Parliament whose Language and mind wee ought now to speak and not our own privat opinions anent the forme and order of prorogation which hath been constantly observed in all preceeding Parliaments we doe so much tender your Majesties royall power and lawfull authoritie which we have solemnely sworne never to diminish as wee neither dare nor will presume to exceed our instructions to define what your Majestie may doe in the hight of your power For to dispute à posse ad esse is both against Law and Divinity And what ever your Majestie may doe in the hight of your power we hope your Majestie will ever bee graciously pleased to rule your Subjects according to Law the continuall practice whereof we have showne in this point neither know we any former Law or practice to the contrair And if any man hath informed your Majesty or affirmed that it is otherwayes affirmanti incumbit probatio As concerning that act whereby it is craved that the power of the articles may bee defined wee have direction and information from the Parliament to show the equity lawfulnesse and expediencie of that act which may easily bee perceived from the reasons contained in the narrative of the act it selfe which brevitatis causâ is referred thereto as also from the written records and printed acts of Parliament from the nature of all Committees and from the present estate and condition of the Parliament of that Kingdome For as it is cleare by the historie of that Kingdome and the records of Parliament that there was never such a thing heard of as Lords of articles untill the time of King David Bruce So it is manifest in all the printed and written records of Parliament since that time that many Parliaments had no Lords delegat for articles at all and when there was any chosen the nomination and election of them was ever with the common consent and advice of the whole Parliament till the Parliament in anno 1617. That the Bishops took upon them to remove out of plaine Parliament to the Inner-house and choysed some out of the Noblemen the Noblemen them and they two choysed the Commissioners to be on articles of Shires and Burroughs which as it was against the first institution form of election of al preceeding articles introduced by
Par. 4. cap. 21. Par. 6. cap. 46. Par. 7. cap. 50. Par. 8. cap. 64. Par. 13. cap. 93. Item K. Ja. 4. Par. 1. cap. 2. Par. 2. cap. 17. Par. 5. cap. 55. Item K Ja. 5. Par. 7. cap. 99. Item K. Ja. 6. Par. 1. cap. 17. Item in the unprinted acts of K. Ja. 6. Par. 5. anno 1578. Par. 7. cap. 106. Par. 8. amongst unprinted acts an 1584. Item in his 13. Par. an 1593. amongst the unprinted acts And such like in printed acts of his Par. 15. cap. 249. Par. 16. c. 9. And in the Parliament an 1633 holden by your Majesties self There is commission given in Parliament to the secret Councel and other Commissioners anent the frequent course of Dollars and base copper money by reading of which acts It is most manifest That the fynnesse weight and price of money hath been ruled and determined by your Majesties predecessours and your Majesties self with advice of Parliament neither is it meaned nor intended that your Majesties royall priviledge which hath beene and is due to your Majestie and your royall antecessours shall thereby in any fort be trinched upon nor impared The reason of that article whereby it is humbly craved that the castles of Edinburgh Dumbartan and Striviling may be intrusted onely to Natives and these to be chosen by advice of Parliament of such faithfull and honest men as do tender your Majesties honour and the safetie of the Kingdome may be seene not onely from the nature and importance of the charge but likewise from the former practise of your Majesties royall predecessours who did dispose of these castles with the speciall advice and counsell of their Parliament as is recorded in the old Registers of the Parliament 1368. Likeas fol. 83. of the old acts K. Ja. 4. It is concluded by advice and deliverance of the three Estates That Patrick Lord Haills be keeper of the castle of Edinburgh and artilerie of the same c. Item fol. 21. cap. 35. K. Ja. 6. in the old acts The three Estates ordaines the castle of Dumbar and fort of Inchkeith to be demolished and destroyed that no foundation remain thereof Likeas by diverse unprinted acts as in anno 1578. and 1585. and 1606. Your Majesties houses hath beene disposed of with advice of Parliament And not onely nationall statutes but the common law of nature and Nations do forbid the receiving of strangers to bee keepers of the strengths of a free Kingdome And when the Parliament of Scotland 1604. gave commission anent the Union with England with exception of reserving of free Monarchie and the fundamentall laws liberties and priviledges of that Kingdome Your Majesties father in his printed speech to the Parliament of England 1607 when he interprets that clause of fundamental laws declares that hee could not make Scotland a naked Province without libertie and set Garisons over it as the Spaniards do over Cicilie and Naples or govern them by Commissioners So that his Majestie in his owne interpretation doth acknowledge that the putting in of Garisons especially of strangers as of English men in the Forts and Castles of Scotland as the King of Spain puts in Cicilie and Naples or as the King of England puts English in the Forts of Ireland is a breaking of the fundamentall laws and liberties of Scotland and the using of it like a naked conquest Province like unto Cicilie Naples or Ireland And as your Majesties Subjects gave an undoubted proofe how tender their mindes are in the point of obedience to your Majesties commandements not onely in delivering of the Castles to be disposed of at your Majesties pleasure without any assurance other then their confidence in your Majesties goodnesse and justice so have they of late given a verie submisse and rare testimonie of their obedience in the humble reception of these strangers and ammunition which your Majestie was pleased to send to the Castle of Edinburgh where the honours of the Crown and Kingdome and registers are keept preferring their obedience to your Majesties cōmandment to their own safety even at this time when their ears are filled with rumors of hostill preparation against them All which makes them and us in their names humbly to supplicat and expect that your Majestie will bee graciously pleased by recalling of that Garison to free your loyall subjects of these feares and dangers who will ever be ready to hazard their lives and fortunes to do your Majestie service Neither doe they in the act which is given in to the articles arrogat or assume power by themselves to appoint keepers for your Majesties Castles but do humbly crave that your Majestie may out of your goodnesse be graciously pleased to declare for further satisfaction of your Subjects that the Captains and Commanders of your Majesties Castles may bee chosen by advice of the Estates of Parliament And that such as shall happen to be placed betwixt Parliaments may beetryed and found by your Majesties Councell to be men of such qualitie as are fit and able to undergo that charge which in the judgement of the Parliament derogats nothing from your Majesties royall power As for reasons of the act anent the judicatorie of the Exchequer we have set down some few of the many reasōs which do sufficiētly prove the equity justnes therof 1 The Session and Exchecquer are distinct judicatories and not subordinat one to another and cannot be coincident in the same object And therefore seeing the question of right and nullitie of rights is competent to be decyded by the Lords of Session by way of action or exception it is altogether incompetent to be discussed by the Lords of Exchecquer 2 The Lords of Exchecquer are incompetent judges in a declaratour of nullitie by way of action and consequently cannot annull any right by way of exception which is a more summar way And it were absurd in law seeing the subject and question is one whether proponed by way of exception or action that incompetent judges of the action they should have a more absolute and summar jurisdiction by way of exception 3 It appears by an act of Parliament not printed 1593 intituled Commission to the Exchecquer anent decyding suspensions in the Kings cause that before the said act the Exchecquer had not power to decyde in suspensions while it was given them by the Parliament farre lesse then can it be thought that they ever had or can have power to decyde in the point of heretable rights Neither doth the late act 1633 authorize the Exchecquer to decyde therein expresly And if it bee truely considered some generall words contained therein intermixt with the particular cases therein exprest should not nor cannot be extended to so high a point as the disputing and decyding of the Subjects their heretable rights Likeas at the making of the said late act the Lords of Session having heard some surmize that your Majesties Advocat was giving in such an act seven or eight of them
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
Subscribed with their hands At Edinburgh the first day of November 1639. By some of each Estate for themselves and as representing the rest of their number at their command and desires 1. FIrst to shew and declare that our desire anent Religion is That wee may enjoy the same according to Gods word the Confession of Faith and constitutions of the Kirk of Scotland and that all matters Ecclesiasticall shall be determined by the assemblies of the Kirk without incroatching upon the libertie priviledge and government of any other reformed Kirk 2. To shew and declare That wee never had nor have any intention to diminish his Majesties greatnes and authoritie which by the law of God and of this Kingdome and by the descent of 108 Kings wee acknowledge to be due to his Majestie neither did we ever intend to impair or withdraw our selves from civil and temporal obedience to his Majestie but in every thing to carrie our selves as becometh faithfull humble and loyall Subjects whereof we shall be ready to give reall demonstrance and proof when his Majesties service shall require the same 3. To shew how grievous it is to his Subjects That wee heare his Majestie is mis-informed and displeased with any of our proceedings The lawfulnesse and loyaltie whereof we desire ye may clear to his Majestie 4. Ye would give to his Majestie a true information of all our proceedings in the Assembly and Parliament whereof ye have the special acts and reasons for the same and justifie them against al aspersions and objections especially ye would clear they do no wayes trinch upon the Kings authoritie whereof his Majestie seems to be mis-informed 5. Ye would shew the great prejudices of this Kirk and Kingdome by continuall by-gone letts and delayes of the progresse of the Parliament and how much it may contribute to his Majesties honour the Subjects content and for procuring of heartie and chearfull obedience That the affairs of this Kirk and Kingdome may without longer delay be settled especially seeing all the Subjects desires are given in to the Parliament and articles and are such as agree with the articles of pacification without the least wronging of his Majesties authoritie or impairing of the Subjects civill and duetifull obedience 6. Ye would therefore urge after your clearing of all objections made against any of our acts and proceedings That his Majestie may bee graciously pleased to direct his Commissioner to go on in Parliament without further delay to determine all the articles by the advice of the Estates and to the ratifying of the conclusions of the late Assembly and settling all such other things as may conduce to the publick peace and good of this Kingdome according to the articles of pacification and his Majesties Commission under the great Seal 7. For the clearer determining of all questions ye would earnestly desire the production of the laws and records of Parliament the up-keeping whereof is contrarie to all law practique and reason 8. If the King will not condescend to give order to his Commissioner to goe on presently in Parliament for ratifying the acts of the Assembly and for determining and deciding such acts as are given in to the articles then at the least his Majesty may be graciously pleased to enjoyne the Commissioner to prorogate the Parliament in the tearmes contained in the offer made to him which ye have with you 9. And if his Majestie send for the Commissioner ye would try and advertise whom yee think fittest to bee sent from the Estates with the Commissioner to informe the Kings Majestie more fully and to procure his Majesties warrant for their up-coming for better clearing of matters and for his Majesties further satisfaction 10. Ye would be frequent and sure in your advertisements to us how our businesse goeth and what yee conceive will be fittest to be done by us here 11. Ye would remember the many grievous complaints given in to my Lord Commissioner and Lords of articles by these of this Nation who are In-dwellers in Ireland of whom oathes are exacted unwarrantable by the Lawes of the Church of Ireland as also some of this Nation have been pressed in England with the like oathes At Edinburgh 20. Jan. 1640. Instructions from the Commissioners appointed by the Estates of Parliament to make remonstrances to his Majesty of the reasons of the prepositions and proceedings in Parliament and for receiving his Majesties answers and upon the return thereof to remonstrat their humble desires to his Majesty upon all occasions given to the Earle of Dumfermeling Lord Lowdoun Sir William Douglas of Cavers and Master Robert Barclay Provest of Irwing Commissioners direct to his Majesty with the advice of the Noblemen and Commissioners of Shires and Burrows conveined for the time which are added to the former instructions granted to the said Earle of Dumfermeling and Lord Lowdoun by the Estates of Parliament Novemb. 1. 1639. SEeing the Earle of Dumfermling and Lord Lowdoun were den yed accesse to impart to his Majestie the former Instructions given to them by the Estates of Parliament and seeing upon their returne his Mejestie was petitioned to give order for proceeding of the Parliament or if his Majestie should finde it necessary for his further satisfaction to take notice of the reasons of our proceedings from some of our selves that his Majestie would give signification of his Royall pleasure here-anent and grant warrant for such as should be sent And that now his Majesty by his answer to our supplication hath allowed and given warrant that such as we think fit to send may repair to his Majesty to shew the grounds and reasons of our demands Wee have for discharging of our humble duetie according to his Majesties commandement sent you up to impart to his Majesty the former Instructions given to the Earle of Dumfermling and Lord Lowdoun To shew that our proceedings and desires are agreable to the Lawes and practises of the Kingdome and articles of pacification as you were also directed to doe by the former Instructions which when you have cleared lest verball expressions be controverted you shall give in the summe of our demands and crave the answers thereof in writ and what else shall be objected against us or replyed for our justification and that for avoyding contestation about words in time hereafter If you bee called to give answer and account to the English Committee or Councell or any other Judicatorie you would show that you are sent onely to his Majesty and discharged likeas wee doe heereby discharge you to answere to any Committe or Judicatorie who cannot meddle in matters of the Parliament of this Kingdome being independent of any but of God and the King Because wee heare that sinistrous informations and the late relation made by his Majesties Commissioner before the whole Councell of England hath given hard impressions against our proceedings whereof as we cannot but be sensible so you shall crave that his Majesty out of his tender care and
in the acts of prorogation the consent of the articles although it was done by their advice are contrary to the Liberties of this Kingdome freedome and custome of Parliament and that they be no preparatives practiques nor prejudices in time coming against us or our successours But because we know that the eyes of the world are upon us that Declarations have beene made and published against us and malice is prompted for her obloquies and waiteth on with open mouth to snatch at the smallest shadow of dis-obedience dis-service or dis respect to his Majesties commandements that our proceedings may bee made odious to such as know not the way how these commandements are procured from his Majestie nor how they are made knowne and intimat to us And doe as little consider that wee are not now private subjects but a sitting Parliament what Nationall prejudices we have sustained in time past by mis-information and what is the present case of the Kingdome Wee therefore declare that whatsoever by the example of our predecessours in the like cases of necessitie by his Majesties indiction and by the articles of pacification we might doe lawfully in sitting still and which in this extreame necessity were justifiable not onely before so just a King but to the faces of our adversaries yet out of our most reverent regard and humble desire to render not onely all reall demonstrations of civill obedience but to put farre from us all shew or appearance of what may give his Majestie the least discontent We have resolved for the present onely to make remonstrances to his Majestie of the reasons of our propositions and proceedings in this Parliament and how necessary it is that without delay a speedy course be taken for the preservation of the Kirk and Kingdome from the evills which the enemies of our Religion the Kings honour and of our peace do project and long for And in expectation of his Majesties gracious answer to these our humble Remonstrances that some of each estate having power from the whole body of the Parliament remaine still here at Edinburgh to attend the returne of his Majesties gracious answer to our humble and just demands farther to remonstrat our humble desires to his Majestie upon all occasions That heereby it may be made most manifest against all contradiction that it was never our intention to deny his Majestie any part of that civill and temporall obedience which is due to all Kings from their Subjects and from us to our dread Soveraigne after a speciall manner but meerely to preserve our Religion and the Liberties of the Kingdome without which Religion cannot continue long in safetie And if it shall happen which God forbid that after wee have made our Remonstrances and to the uttermost of our power and duetie used all lawfull means for his Majesties information that our malicious enemies who are not considerable shall by their suggestions and lies prevaile against the informations and generall declarations of a whole Kingdome We take God and men to witnesse that wee are free of the outrages and insolencies that may be committed in the mean time And that it shall bee to us no imputation that we are constrained to take such courses as may best secure the Kirk and Kingdome from the extremity of confusion and misery Which Declaration above written wee the Estates of Parliament require the Clerk to insert in the records thereof and grant extracts thereof under his hand and subscription This is the just copie of the Declaration produced and read in the utter house of Parliament upon the 18 day of December 1639 According where unto the Nobilitie nominated and appointed the Earles of Lothian and Dalhoussie the Lords Yester Balmerinoch Cranstoune and Naper The Barons nominate the Commissioners of the three Lothianes Fyfe and Tweddell The Borrows nominate the Commissioners of Edinburgh Linlithgow Stirling Hadingtoune Dumbar to attend here at Edinburgh the returne of his Majesties gracious answer to their humble Remonstrances Sic subscribitur Alex. Gibsone BEtwixt the prorogation of the Parliament and the sending of our last Commissioners three points are touched in the Declaration One that the Earl of Dumfermling and the Lord Lowdoun were sent with Commission from the Parliament to make their remonstrance to his Majestie but were not admitted to his presence and were commanded to returne because they were not licenced or warranted by the Commissioner and had not acquainted him with their propositions Although it be of verity that the Commissioner had showen to diverse of the members of the Parliament his Majesties own warrant for the coming of some to his Majesties presence which to them seemed more sufficient and of greater authority then any thing they could have from himself and why might not they have some things to propone or to complain of upon the Commissioner to his Majestie which was not sitting to acquaint him with that his Majestie in his fatherly affection which cannot be transmitted to another might judge between him and them It was in his Majesties power to give such answer to their propositions as seemed good in his own royal wisedom but to comand them who had not bin sent without his Majesties warrant to return unheard after so long a journey was more then could have been expected or suspected by a Kingdome conveened in Parliament by his Majesties authoritie The second is that the Earle of Traquair at his coming made a large and exact representation to the Councel of England 〈◊〉 he most considerable matters proponed in Parliament of the largenes of his relation wee doubt not but how exact it was our adversaries can best discover who had taught him before so to say his lesson in publick as might serve most for the ends intended by them especially to animat England against us for which they have set their wits since the treatie of peace to make all means whereof this was a powerfull one to cooperat The third is the judgement of the Lords of his Majesties councel of England to reduce us to our duetie by force rather then to give way to our demands Of which we say no further but that it was the sentence of a Councel and of the Councel of England against a Parliament and the Parliament of another Kingdome That it was pâ—â—â—â—unced upon the hearing of the relation of one man a new creature and but of yesterday against a whole free Kingdome of ancient Nobles Barons and others whose Commissioners two Noblemen were even now barred from hearing and presence and that it was in a matter of warre and peace which might ingage both the Kingdomes then which nothing could be more important for the present generation and for the posterity In Councel is stability but this is found not by precipitation but after many dayes agitation when the matters debated are more then ordinarie and such as it may be fall not to be considered once in many ages To us we confesse it seemed incredible at
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