Predecessours 1589. doe most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell To enjoyne by act of Councell that this Confession and Covenant which as a testimony of our fidelitie to God and loyaltie to our King wee have subscribed Be subscribed by all his Majesties subjects of what rank and quality soever The act of Councell containing the answer of the Supplication abovewritten at Edinburgh August 30. 1639. THE which day in presence of the Lord Commissioner and Lords of Privy Councell compeered personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Dowglas of Caveris Knight Sir Henry Wood of Bonitown Knight John Smyth Burgesse of Edinburgh Master Robert Barclay Provest of Irwing Master Alexander Hendersoun Minister at Edinburgh and Master Archibald Johnstoun Clerke to the Generall Assembly and in name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privy Councell the petition above-written Wee the Generall assembly considering with all humble c. which being heard read considered by the saids Lords they have ordained ordain the same to be insert registrat in the books of privy Councell and according to the desire thereof ordaine the said Confession and Covenant to be subscribed in time coming by all his Majesties Subjects of this Kingdome of what rank and qualitie soever The same day his Majesties Commissioner after his entry in the assembly delivered himself by word to this meaning We have received the supplication of the Assembly desiring that the Covenant may receive the force of an act of Councel to be subscribed by all his Majesties subjects We have found the desire so fair and reasonable that wee conceived our selves bound in duety to grant the same thereupon have made an act of Councell to that effect There rests now the act of assembly concerning which I am so fully satisfied my self that I come now as his Majesties Commissioner to consent fully unto it and am most willing that it be enacted here in this Assembly to oblidge all his Majesties subjects to subscribe the said Covenant with the assemblies explanation And because there is a third thing also desired my subscription as the Kings Commissioner unto the Covenant this I must do with a declaration in writ As a subject I will subscribe as strictly as any other man with the assemblies declaration but as his Majesties Commissioner I must prefixe to my subscription the declaration following of which no Scottish subject shal have the benefit no not my selfe as Earle of Traquair The declaration of his Majesties Commissioner concerning the subscribing of the Covenant SEing this Assembly according to the laudable forme custome heretofore keeped in the like cases hath in a humble and dutifull way supplicat to us his Majesties Commissioner the Lords of his Majesties most honorable privy Councell that the Covenant with the explanation of the assembly might be subscribed to that effect that all the subjects of this Kingdome by act of Councell bee required to doe the same And that therein for vindicating themselves from all suspitions of disloyaltie or derogating from the greatnes and authority of our dread Soveraigne have therwith added a clause whereby this Covenant is declared one in substance with that which was subscribed by his Majesties Father of blessed memory 1580.1581.1590 and often since renewed Therfore I as his Majesties Commissioner for the full satisfaction of the subject and for settling a perfect peace in Church and Kingdome doe according to my foresaid declaration and subscription subjoyned to the act of this assembly of the date the 17. of this instant Allow and consent that the Covenant be subscribed throughout all this Kingdome In witnes whereof I have subscribed the premisses The Lord Commissioner his Declaration concerning the act of the assembly August 17. I John Earle of Traquair his Majesties Commissioner in this present assembly do in his Majesties name declare that not withstanding of his Majesties owne inclination and many other grave and weightie considerations Yet such is his Majesties incomparable goodnes that for settling the present distractions and giving full satisfaction to the Subjects he doeth allow Likeas I his Majesties Commissioner doe consent to the foresaid act and have subscribed the premisses The Lord Commissioner his declaration concerning practises outwith the Kingdome contrary to the premisses IT is alwayes hereby declared by me his Majesties Commissioner that the practise of the premisses prohibited within this Kirk and Kingdome outwith the Kingdome of Scotland shal neither bind nor inferre censure against the practises outwith the Kingdome This last declaration was not approven by the assembly and therefore was insert in the Register onely recitative as was then declared when his Majesties Commissioner required that it might be put upon record The act of the assembly or daining by Ecclesiasticall authority the Covenant to be subscribed THE assembly considering the great happinesse which may flow from a full and perfect union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majesty and amongst our selves Having by our great oath declared the uprightnesse and loyaltie of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell to enjoyne by Act of Councell all the Lieges in time coming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyaltie to our King We have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell have granted the desire of our Supplication Ordaining by civill authority all his Majesties Lieges in time coming to subscribe the said Covenant that our union may be the more full and perfect Wee by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the heads and clauses thereof And ordaines of new under all Ecclesiastick censure That all Masters of Universities Colledges and Schooles All Schollers at the passing of their degrees All persons suspect of Papistrie or any other errour And finally all the members of this Kirk and Kingdome Subscribe the same with these words prefixed to their subscription The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five Articles of Perth The government of the Kirk by Bishops The civill places and power of Kirkmen upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk Wee subscribe according to the determination foresaid And ordaine the Covenant with this Declaration to be insert in the Registers of the Assembly of this Kirk General Provincial Presbyteriall ad perpetuam rei memoriam And in all humility supplicates his
Subjects and the lawfulnesse of the proceedings of the Parliament we shall thereafter lest verball expressions be controverted be most willing and desirous according to your Majesties commandments To receive what ever exceptions objections or informations are made against any of the particular overtures articles and proceedings of the Parliament in writ and in the same way shall present our answers and humble desires And doe humbly crave your Majesties gracious Answer Vpon the 26. day of Febr The Earle of Traquair did shew our Commissioners that it was his Majesties pleasure that they should subscribe the two former petitions given in by them to his Majestie and that they keep that same way thereafter in all petitions or writs shall bee by them presented to his Majestie which accordingly they did And they required the Earle of Traquair to write and subscribe any direction or commandment he carried from the King to them which he did Vpon the 2. of March The Earle of Traquair did signifie to them under his hand that it was his Majesties pleasure that they should attend at the Councell chamber the next day thereafter at two of the clock in the afternoone such of the Lords of the Councell as his Majesty had appointed for that effect And our Commissioners understanding that the King was going to Hampton-cour and that the hearing he appointed for them was onely before these of his Majesties Committe or Joyntos And being enjoyned by their instructions not to answer nor acknowledge the Committee nor no other Judicatorie desired the Marques of Hammiltoun to shew his Majestie that they would decline to propone their Desires and reasons of their Demands or make answer either to the Committee or any other whatsoever except to the King their Master to whom they were sent which being made knowne to his Majestie He was graciouslie pleased to delay his going to Hampton till the afternoone and did heare our Commissioners himself In whose Royall presence and audience His Majestie having his Committee with him our Commissioners did cleare us and our proceedings from these unjust aspersions layd upon us did show what high estimation we had of Soveraignitie and our constant resolution to stand to the defence of our Religion and that our Desires both in matter and manner are no other but what we did humbly crave in our former Petitions and are necessar for establishing Religion and the good and peace of the Kingdome and are agreeable to the fundamentall Lawes and laudable practises thereof and to the articles of Pacification without wronging the Kirk or State or any wayes trinching upon his Majesties Princely Power and Royall Authoritie And did therefore crave that his Majestie would be graciouslie pleased to command the Parliament to proceed and determine for ratifying the conclusions of the Assembly and enact such other Statutes as are necessar for establishing Religion and settling the peace of the Kingdome As their speach then spoken and thereafter given in in writ doth import as followeth SIR as wee did show in that humble Remonstrance which wee gave your Majestie in writ That no earthly thing could bee more grievous to your Majesties Subjects conveened by your Royall Authoritie in the Parliament of Scotland then that their loyaltie should be called in question or that any such hard impression should be given against their proceedings as might derogate from that high estimation which they have of Soveraignitie and the tender respect they carry to your Majesties inviolable authoritie So doe wee now acknowledge your Majesties goodnes and justice in keeping one eare for us against all suggestions and obloquies till the reasons of our proceedings and demands were made knowne from our selves and that your Majestie is graciously pleased to grant us this favour of a full and publick hearing But because the Parliament of that your Majesties ancient and native Kingdome is independent and not comptable to any other Judicatorie Wee hope your Majestie will pardon and allow us to declyne to speake or answere before any of your Majesties Councells or other Judicatories whatsoever as these who have any power to judge of the Lawes actions or proceedings of the Parliament of that Kingdome As wee acknowledge your Majesties favour in allowing us to tender the liberties and freedome of your Majesties ancient and native Kingdome So are wee glad before all the world to cleare the loyaltie and lawfulnes of their proceedings and doe congratulate that your Majestie hath indicted a Parliament heere who wee hope will advert to the good of Religion your Majesties honour and peace of your Dominions albeit they be not Judges to determine of our actions which when they shall be knowne to your Majestie not upon report but upon true tryall wee are most confident will merit approbation at the Throne of your Majesties Justice But because wee heare that your Majesties good Subjects are traduced as having intention to diminish your Majesties authoritie and shake off that civill and duetifull obedience due to Soveraignitie Therefore before we descend to the particular actions and articles of the Parliament for vindicating us from so grievous and foull an imputation wee doe in our own name and in name of the Parliament who sent us Declare before GOD and the world that we never had nor have any thought of with-drawing our selves from that humble and duetifull subjection and obedience to your Majestie and your government which by the descent and raigne of so many Kings is due to your Majestie And never had nor have any intention or desire to attempt any thing that may tend to the diminution of your Majesties Princely power But on the contrare acknowledge our quietnes stabilitie and happines to depend upon the safetie of your Majesties Person and maintenance of your greatnes and Royall authoritie as Gods Vicegerent set over us for maintenance of Religion and administration of Justice And have solemnely sworne not onely to stand to the defence of your Majesties Person and authoritie in the preservation and defence of Religion Liberties and Lawes of the Church and Kingdome But also in every cause which may concerne your Majesties honour shall according to the Lawes of the Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in Armes as wee shall be required But if any be so wicked as to seeke occasions to divide betwixt your Majestie and your Kingdome and for their owne ends goe about to prostitute the puritie of Religion and the Liberties and Lawes of that your Majesties ancient and native Kingdome Wee can give them no other Character but that which your Majesties Father of blessed memorie gave them terming such men vipers and pests against the King and his Kingdome And if it please God for our sinnes to make our condition that deplorable as they may get the shadow of your Majesties authority as wee hope in God they will not to palliate their ends Then as these who are sworne to defend our
first and afterward a matter of demurre and astonishment Although our Commissioners formerly sent were repulsed yet we did not desist but remembring that we were dealing with our own native King who might be moved to know and compassionat us his own people at last we sent this humble supplication for a new hearing To the Kings most excellent Majestie the Remonstrance and Supplication of the Noblemen and Commissioners of Shyres and Burrows his Majesties good Subjects of the Kingdome of SCOTLAND Humbly shewing THat where the great want of your Majesties royal presence in person at thâ—â—â—igh Court of Parliament as we have also at other times experienced hath been apprehended by our adversaries for a fit opportunitie to their mis-informations and hard impressions against our proceedings in Parliament as trenching upon your Majesties sacred and inviolable authoritie as not warranted by the fundamentall laws and laudable practices of this your Majesties ancient and native Kingdome or as contrary to the promises and remonstrances which were made to your Majestie by your humble subjects in the truth of their hearts and were in the same sense graciously accepted by your Majestie And although to our common regrate and the suspending of our hopes and humble desires your Majestie hath thought meet to give order to Your high Commissioner to prorogat the Parliament yet such hath been your Majesties wisedome justice and goodnesse which in all humble thankfulnesse shall ever bee remembred by us that your Majestie hath kept one ear for us and would not harken and give place in your Royall heart to suggestions and obloquies of our enemies till the reasons of our proceedings were made known from our selves and we should have the favour of a full hearing And for this end it was your Majesties royall pleasure to permit and allow the Estates of Parliament to send some of their number to give your Majestie true information which being conceived by them for a sufficient warrant made them direct two Noblemen the Earle of Dumfermling and the Lord of Lowdoun to your Majesties Court instructed with full commission to that effect But since your Majestie judged it not convenient to grant unto them accesse and audience at that time We now from the sense of the distressed condition of this your Majesties Kingdome which we nothing doubt but your Majestie will in your tender and fatherly car compassionar do in all earnestnesse desire and in all humility supplicat that your Majestie may be pleased upon this our declaration that we intend nothing but what shall merit approbation at the throne of your Majesties justice to give commandment for the proceeding of the Parliament that thereby our evils may bee cured before they be past remedie many dangerous consequents may be prevented and the troubled estate of this Kirk and Kingdome speedily settled which is the longing desire and universall expectation of all your Majesties peaceable Subjects Or if your Majestie shall finde it necessary for their further satisfaction against all exceptions to make particular inquirie and to take notice of the reasons of our proceedings and demands from our own mouthes which we shall be most willing to render in that case we are confident that your Majesties royall ears will be in the meane while shut against the sinister informations of such men as are fallen out with the times and think our common calamities a mitigation of their just sufferings And doe humbly entreat that your Majestie may be pleased to give signification of your Royall will hereanent and to grant warrant for sending some from us to your Majesties presence that so soone as may be the Parliament long since begun by your Majesties indiction may by your Majesties wisedome and goodnesse have the wished conclusion to your Majesties honour and the joyfull acclamation of the whole Kingdome To which this answer was given At his Majesties Court at Whitehall the 11 day of December 1639. HIs Majestie having read and considered this supplication is gracioufly pleased to permit such number of them to repair thither as they shall please to shew the reasons of their demands Sic subscribitur Sterline VPon this answer foure Commissioners were sent who did acquite themselves in their charge as is expressed before in their Supplications speeches answers and whole proceedings Concerning which there be three things mentioned in the Declaration to make them all null and themselves odious First that they were not instructed with sufficient Commission which is abundantly answered by themselves pag. 14. For their commission behoved to be deficient either in the forme and authoritie or in the subject and matters to be treated The authoritie was as great as first the Parliament then sitting and thereafter the Commissioners of the Parliament could grant And where it is said pag. 44. that they were persons of no great eminencie who did subscribe Their Commission we desire to be considered 1. That the first commission was subscribed by the Subjects of every qualitie sitting in Parliament 2. That the second commission could not be subscribed in that manner the Parliament being no more sitting but prorogated but behooved to be subscribed by the Commissioners of the Parliament authorized to sit at Edinburgh for making remonstrances and receiving answers from his Majestie The meanest of these Commissioners whosoever he was in person was in this act of greater authoritie and eminencie then the most eminent in the Kingdome who was not clothed with the same commission And therefore although there were many Noblemen in Edinburgh for the time yet they did not signe the commission because they had no warrant from the Parliament and that for me of doing hath been reprehended in former times as displeasant to his Majestie and so was the authority sufficient As for their limitation in the matters to be treated before his Majesty it may appear by his Majesties allowing them to come up under the Secretaries hand that they went to give the reasons of the demands made in Parliament and withall did declare as is contained in their proceedings pag. 45. that the Parliament doth not stick upon these or any other articles of that kinde any further nor as they have clear warrant of law and as his Majestie and the Estates shall find them convenient for the good of the Subjects And did supplicat that his Majestie would be pleased to command the Parliament to proceed and ratifie the conclusions of the Assembly and passe such acts as are necessarie for establishing Religion and for the good and peace of the Kingdome according to the articles of pacification But that we may remove all suspition of latent or underhand dealing wee have here set down the just copie of the instructions given to our Commissioners first and last Instructions from the Noblemen and Commissioners of Shyres and Burrows conveened to attend this present Parliament To the Earle of Dumfermling and Lord Lowdoun concerning such businesse as they have desired to be imparted to the Kings Majestie
Commissioners subscription is declared to be one and the same with that of 1580. which giveth no warrant to such actions as ours are Where fiâ—st we desire it to be known universally that the Earle of Traquair his Majesties Commissioner did subscribe the Confession of Faith and Covenant with the explanation of the Assembly First in the house of Parliament in presence of the Lords of articles Septemb 6. both as Commissioner with the declaration made in the Assembly to be prefixed to his subscription and as Traquair simplie as other subjects have done Next that he subscribed the Covenant in the new house of Exchecquer as a Counsellour with other prime Lords of Counsell Roxburgh Lawderdaile Southesk and many others and that without any Declaration at all even the Marques of Huntlie shew his desire to subscribe with others but that he would have done it with protestation of his liberty outwith the Kingdome which the Ministers who were present to take the oath and subscription of the Lords could not admit But neither his Lordship nor any other pretended any scruple either in Religion or civill obedience to the King against their subscription so that neither in the Assembly nor in the Parliament-meeting of the articles nor at the Councell Table was there any suspition of treasonable combination against the King from this subscription Secondly if both that of the 1580. and this of 1638. be one then certainly this hath no more then that and that hath no lesse then this Neither is there any other difference of the one from the other but as was expressed in our Protestation Septemb. 22. 1638. such as is of a march stone hid in the ground and uncovered c. for this end and for giving full satisfaction to authority these words Wee have sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion c. but also that wee shall concurre with our friends and familiars in quiet manner or in armes as wee shall be required of his Majesty his Councell or any having his authority in every cause that may concerne his Majesties honour according to the Lawes of this Kingdome and the duetie of good Subjects c. are insert in the Supplication of the Generall Assembly first part of this representation pag. 48. Our third objection is That the demands proponed by us in Parliament are but matters in fieri which is so praegnant that it cannot be answered if it be considered as it was modestly proponed and very truly exponed by our Commissioners in their proceedings pag. 45 46. for many demands may be made to the articles which may be rejected by them and many things may be concluded in articles to be proponed to the Parliament which in face of Parliament being disputed may be judged inconvenient Demands are not definitions nor propositions to be accompted conclusions Things done by men must be in fieri before they be in facto esse every conception cometh not to the rypenesse to be a birth BY that which we have said we believe we are free before and in the Assembly and Parliament of insolencies and the heavy censures of Rebellion and Treason which are so ordinarily and at every other word thundered out that they are become the lesse formidable unto us who desire that all our actions and proceedings in this cause may be seen in their own colours and who are supported with this inward testimony that we fear God and still honour the King although nothing can proceed from us which will please our adversaries except we will follow their rules which are not unlike those of the Jesuits found at Padua when they were expelled the territory of Venice One of them was that men should take heed that they presse or inculcat not too much the Grace of God Another was that men must beleeve the Hierarchicall Church although it tell us that that is black which our ey judgeth to be white Vnto which we may adde the third invented by Ignatius Loyola of blinde obedience which we have no mind to practise because it is repugnant to the essence of the vertue of obedience which proceedeth from knowledge and election We intreat our adversaries to shew us in good earnest and not by way of railing In what sense have we incurred the censure of Rebellion and Treason in the Assembly as is alledged pag. 52. The Assembly was conveened by his Majesties authority countenanced from the beginning to the end by his Majesties high Commissioner all things were done with high respect to the Kings Majestie and with frequent prayers for his happines Nothing was put in deliberation till it was first proponed to his Majesties Commissioner nor any thing determined without his advice consent and approbation all was done in that order and decencie which this Nation out of use of Assemblies through the tiranny of Prelats usurping the jurisdiction of the Kirk could attain unto at the first or second time and all was closed with rejoycing in God and with many praises and prayers for the King under whose Majestie the Commissioner also had his own part And yet in the Assembly we must be guilty of Rebellion and Treason We cannot be mooved to think but the mitre of an usurping Prelat by the authority of a Nationall Councell may be thrown to the ground without the violation or smallest touch of the Crown or Scepter of Imperiall Majesty because we deny both the Tenets of the Romanists One that the temporall power of Princes is directly subordinat and subject unto persons Ecclesiasticall as having all power given them of God Another of such of them as are touched with a little shame that the temporall authority doeth not reside in persons Ecclesiasticall but is given unto them indirectly as necessar for the Spirituall which is but a shift and a difference of words what then should our judgment be of unlawfull and usurping prelats and popâ—lâ—ngs may be easily known by others or if need were made known by our selves if this were not a digression onely this much we intended that to dethrone a prelat and to over-turn prelacie we judge it no Treason against the King And so we come to the answer of the third part of the Declaration touching our faults since the Parliament Not three or foure but Ten transgressions and exorbitancies are here libelled against us The first three are the provyding of men munition and moneyes for our own defence which in us who are the Estates of a free Kingdome is held lawfull by the Law of God and Nature by our acts of Parliament by the practise of other reformed Kirks by the testimony of famous Divines by the assistance contributed by our own Princes to other Kirks and States invaded and distressed and we adde by the judgment of many amongst our selves who in the beginning of our troubles and before the late pacification had about this their own scruples wherein since considering what is done in England for
his Majesties happy government And did hold in the other hand the sword of just and innocent defence against the oppression and violence of the Enemies of the Kings honour and of our peace Which we are confident by no Law of God or Nations can be judged to be rebellion or laes-Majesty Our petition at that time when we are said to have been in the hight of rebellion we have here set down whole the Declaration containing but a part thereof We did then write our mind whereof we never did repent and which we desire may be known to all men To the Kings most excellent Majesty The supplication of his Majesties Subjects of SCOTLAND humbly shewing THat where the former meanes used by us have not been effectuall for recovering your Majesties favour and the peace of this your Majesties native Kingdome wee fall down again at your Majesties feet most humbly supplicating that your Majestie would be graciously pleased to appoint some few of the many worthy men of your Majesties Kingdome of England who are well-affected to the true Religon and to our common peace To heare by some of us of the same disposition our humble desires and to make knowne to us your Majesties gracious pleasure That as by the providence of God we are joyned in one Iland under one King so by your Majesties great wisedome and tender care all mistakings may be speedily removed and the two Kingdomes may be kept in peace and happinesse under your Majesties long and prosperous reigne For which we shall never cease to pray as it be commeth your Majesties most humble Subjects With the Supplication sent to his Majesty by the hand of the Earle of Dumfermling a Letter was sent to the Earle of Holland and others of the Councell of England about his Majesty In these words MOST NOBLE LORDS ALthough wee have been labouring this long time past by our Supplications Informations and Missives to some of your Lordships to make knowne to his Majesty and the whole Kingdome of England the loyaltie and peaceablenesse of our intentions and desires and that we never meaned to deny to his Majestie our dread Soveraigne and native King any point of temporall and civill obedience yet contrary to our expectation and hopes matters to this day growing worse and worse both Kingdomes are brought to the dangerous and deplorable condition wherein they now stand in the sight of the world In this extreamitie we have sent to his Majestie our humble supplication beside which we know no other meane of pacification and doe most earnestly intreat that it may bee assisted by your Lordships that if it bee possible by a meeting in some convenient place of some prime and well-affected men to the reformed Religion and our common peace matters may bee accommodate in a faire and peaceable way and that so speedily and with such expedition as that through farther delayes which wee see not how they can be longer endured our evills become not incurable wee take God and the world to witnesse that we have left no meanes unassayed to give his Majestie and the whole Kingdome of England all just satisfaction And that wee desire nothing but the preservation of our Religion and Lawes If the fearefull consequents shall ensue which must be very neare except they be wisely and speedily prevented we trust they shall not bee imputed unto us who till this time have been following after peace and who doe in every duetie most ardently desire to shew our selves his Majesties faithfull Subjects and Your Lordships humble servants His Majestie being pleased to admit some of us to repair to the Camp neare Barwick and granting unto them a safe conduct under his Majesties hand our Commissioners presented our humble desires the last words whereof are expressed in the Declaration but we have set them down intire that both the reasonablenesse of our petitions and the loyaltie of our hearts may be knowne to all men First it is our humble desire that his Majesty would be graciously pleased to assure us that the acts of the late Assembly at Glasgow shall be ratified by his Majesty in the ensuing Parliament to be holden at Edinburgh July 23. since the peace of the Kirk and Kingdome cannot endure further prorogation Secondly that his Majesty from his tender care of the preservation of our Religion and Lawes will be graciously pleased to declare and assure that it is his Royall will that all matters Ecclesiasticall bee determined by the Assemblies of the Kirk and matters civill by Parliament which will be for his Majesties honour and keeping peace and order amongst the subjects in the time of his Majesties personall absence Thirdly that a blessed pacification may bee speedily brought about and his Majesties Subjects may be secured our humble desire is that his Majesties ships and forces by land be recalled that all persons ships and goods arrested may be restored the losses which we have sustained by the stopping of our trade and negotiating be repaired and we made safe from violence and invasion And that all excommunicat persons all Incendiaries and Informers against the Kingdome who have out of malice caused these commotions for their own private ends may be returned to suffer their deserved punishment And the Proclamations and Manifestoes sent abroad by them under his Majesties name to the dishonouring of the King and defaming of the Kingdome may be suppressed As these are our humble desires so is it our griefe that his Majestie should have been provoked to wrath against us his most humble loving subjects shal be our delight upon his Majesties assurance of the preservation of our Religion and Lawes to give example to others of all civill and temporall obedience which can be required or expected of loyall subjects Of those our desires the grounds and reasons following were given in writ at his Majesties command REASONS AND GROUNDS of our humble desires WEE doe first humbly desire a ratification of the acts of the late Assembly in the ensuing Parliament 1. Because the civill power is the keeper of both Tables and whereas the Kirk and Kingdome are one body consisting of the same members there can be no firme peace nor stabilitie of order unlesse the Ministers of the Kirk in their way presse the obedience of the civill Lawes and Magistrat and the civill power adde their sanction and authoritie to the constitutions of the Kirk 2. Because the late Generall Assembly indicted by his Majestie was lawfully constitute in all the members thereof according to the constitutions and order prescribed by acts of former Assemblies Thirdly because no particular is enacted in the late Assemblie which is not grounded upon the act of preceeding Assemblies And is either expressely contained in them or by necessary consequence may be deduced from them That the Parliament be keeped without prorogation his Majestie knowes how necessary it is since the peace of the Kirk and Kingdome call for it without longer delay Wee did
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
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
Religion our recourse must be onely to the GOD of Jacob for our refuge who is Lord of Lords and King of Kings and by whom Kings doe reigne and Princes decree Justice And if in speaking thus out of zeale to Religion and the dutie we owe to our Countrey and that charge which is laid upon us any thing hath escaped us sith it is spoken from the sinceritie of our hearts wee fall down at your Majesties feet humbly craving pardon for our freedome Having thus with your Majesties permission cleared the loyaltie of your Subjects That wee may next shew the reason of their demands and equitie of their proceedings in Parliament We doe first crave that if our answers cannot give plenarie satisfaction to the objections and exceptions that shall bee made against their proceedings That our not knowing of these objections albeit wee did often require your Majesties Commissioner to shew the same that we might be the more able to give your Majestie content yet being still concealed from us and the Records and Registers of Parliament being kept up from us may serve much for our excuse and if any of the propositions or articles sought or craved in Parliament shall seem harsh at the first view to these who know not our laws That we do expect from them the judgment of charitie who ought rather nor passe rash censure on us to professe ignorantiam juris facti alieni and that they would distinguish betwixt the desires and actions of a Parliament who being conveened by royal authority and honoured with your Majesty or your Commissioners presence are makers of Laws and against whom there is no law and the actions of privat persons against whom laws are made And as the desires of the Subjects are no other in the matter but what they did humbly crave in their former petitions and are necessar for establishing of Religion and the good and peace of the Kingdome which can never repugne to the Kings honour and are agreeable to the articles of pacification so in manner they are agreeable to the Lawes and practises of that Kingdome And to condiscend more specially all the articles given in are either such as concern privat subjects such as are for manufactories trade of Merchants others of that kind which doe not so much concern your Majestie or the publick as the interest of privat men which are but minima de minimis non curat lex Or they are publick acts which do concerne Religion and liberties of the Kirk and Kingdome as the ratifying the conclusions of the Assembly the act of constitution of Parliament the act of rescission the act against poperie and others of that kinde wherein because the Parliament knew that the eyes of the world were upon them that hard constructions have beene made of their proceedings and that malice is prompted for her obloquies and waiteth on with open mouth to snatch at the smallest shadow of disrespect to your Majestie That our proceedings may bee made odious to such as know them not wee have endeavoured to walk with that tendernesse which becometh duetifull Subjects who are desirous to limite themselves according to reason and the rule of Law For better understanding whereof we must distinguish betwixt regnum constituendum and regnum constitutum a Kingdome before it be settled and a Kingdome which is established by Laws wherein as good subjects esteeme it their greatest glorie to maintaine the honour and lawfull authoritie of their King so good Kings as your Majesties father of ever blessed memorie affirmes holding that maxime That salus populi est supremalex will be content to governe their Subjects according to the Law of God and fundamentall laws of their Kingdome Next we must distinguish betwixt the Kirk and State betwixt the Ecclesiastick and civil power both which are materially one yet formallie they are contradistinct in power in jurisdiction in laws in bodies in ends in offices and officers and albeit the Kirk and Ecclesiastick Assemblies thereof bee formally different and contradistinct from the Parliament and civill Judicatories yet there is so strict and necessary a conjunction betwixt the Ecclesiastick and civill jurisdiction betwixt Religion and Justice as the one cannot firmely subsist and bee preserved without the other And therefore like Hypocrites twinnes they must stand and fall live and die together which made us in all our petitions to your Majestie who is custos utriusque tabulae to crave that as matters Ecclesiastick may be determined by the generall and other Assemblies of the Kirk and matters civill by Parliament So specially to crave that the sanction of civill law should be added to the Ecclesiastick conclusions and constitutions of the Kirk and her Assemblies lest there should be any repugnance betwixt the Ecclesiastick and Civill laws which your Majestie did graciously condescend unto And your Majesties Commissioner representing your Majesties royall person and power in the generall Assembly wherein all the Congregations and Parishes of Scotland are represented after particular inquirie anent the true and reall causes of the evils which do so much trouble the peace of that Kirk and Kingdome Having found that the government of the Kirk by Bishops and Civil places and power of Kirk-men amongst other novations brought in that Kirk were two main causes of these evils And having consented that Episcopacie bee removed out of the Kirk of Scotland and that the Kirk be removed off the state And declared all civill places and power of Kirk-men to be unlawfull in that Kingdome And having ratified the Covenant ordaining all the Subjects to subscribe the same with the generall Assemblies explanation in that sense and being oblidged to ratifie the conclusions of the Assembly in Parliament It doth necessarly follow that Bishops who usurped to be the Kirk and did in name of the Kirk represent the third estate and Abbots Priors and all others who did represent the Kirk to bee taken away which also by necessar consequence doth infer that there bee an act of constitution of the Parliament without them and an act for repealing the former laws whereby the Kirk was declared the third estate and Bishops did represent the Kirk both which the Kirk hath now renounced and condemned So that unlesse the act of constitution of the Parliament and act rescissorie passe it is impossible either to have a valide Parliament or to ratifie the conclusions of the Assemblie which your Majestie hath graciously condiscended to performe and which your Subjects are oblidged to maintain neither doth the passing of these acts wrong the Kirk nor State nor diminish your Majesties princely power and royall authoritie not the Kirk because she hath renunced and condemned that civill power and worldly pompe conferred upon her in time of Poperie esteeming the same not to bee a priviledge but a detriment incompatible with her spirituall nature and as being repugnant to the doctrine and discipline of that Kirk volenti non fit injuria nor is the
State wronged because the whole Congregations of that Kingdome being represented by their Commissioners from Presbitries in the generall Assemblie hath given their consent to the desires and conclusions of the Kirk have with allowance of your Majesties Commissioner according to the ordinance of the generall Assembly and Councel sworne and subscribed the Confession of Faith in that sense and have alwayes been and are your Majesties supplicants That the Parliament may ratifie what the Assembly hath found and concluded Neither can wee beleeve that your Majestie who we hear doth acknowledge Princes to be like shining stars which have their splendor for the benefit of the world and who esteemes the prosperitie and welfare of your people your greatest content and the having of their hearts to bee your Majesties greatest security which are the words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and which your Majestie hath so well learned that they are abridged in the inscription of their coyne Presim ut prosim will think that the granting of that which upon so good reason is so earnestly desired both by Kirk and State to be any diminution of your Majesties royall prerogative and priviledge of your Crowne which by our acts of Parliament is defyned to be that power which your Majestie hath over all estates and persons and not any particular interest more in one estate nor another and which is competent and reciprocall to the King and doth pertain to your Majestie inviolablie and is no wayes contingent separable nor mutable with the change of any of the Estates but is that power which doth justly belong to the King before any Bishops were in Scotland and which did belong to him in time of Poperie when Bishops were allowed and had their dependance of the Pope and which did likewise pertaine to the King in the time of reformation when Episcopacie was abjured and removed out of Scotland In the which oath all the Subjects are sworne to maintaine your Majesties greatnesse and authoritie with their lives and means which wee shall acknowledge and will be ready to defend to the last drop of our bloud And seeing your Majesties Subjects have no other ends but such as serve for establishing of Religion and the peace of the Kingdome and are agreeable to the fundamental Laws thereof and to the articles of pacification And that the Parliament is the onely lawfull mean to remeid our evils remove distractions and settle a solide and perfect peace The sum of your Majesties subjects their desire is that your Majestie may bee graciously pleased to command that the Parliament may proceed freely and determine anent all these articles given in to them and whatever exceptions objections or informations are made against any of the particular overtures articles or proceedings of the Parliament wee are most willing and desirous according to your Majesties commandement for avoyding contestation about words to receive the same in writ and are content in the same way to returne our Answers and humble Desires After some questions moved by his Majestie and by some of the Committee which were answered by our Commissioners and all that past written by them immediatly by after their return to their lodgings from his Majestie The conclusion of that dayes hearing was that against the Kings returne from Hampton-Court they should show his Majesty their Instructions And after his Majesties returne upon the 8. of March they were commanded to be at Whitehall the next day thereafter at two of the clock in the afternoon where so soon as they did appeare before his Majestie He did call for their Instructions which they did exhibit and read Their power was called in question as being onely subscribed by some Noblemen and Gentlemen and as not flowing from the Parliament whereunto they did answer That their Instructions were warranted by the Parliament because they are relative to former Instructions given to the Earle of Dumfermeling and Lord Lowdoun which were subscryved by a great many Noblemen Gentlemen and Burgesses who were present sitting in Parliament and that their last Instructions are subscryved by these Commissioners who were appointed by the Parliament to make remonstrances to his Majesty and receive the returne of his answers who were authorized with Commission from the Parlîament to that effect All which our Commissioners did instruct And after long debating anent the validity of their power The particular dispute and reasonings whereof our Commissioners did for their memory put in writ The Kings Majesty said he would heare the particular reasons of their demands whereunto it was replyed that their demands were onely that the Parliament might proceed and ratifie the conclusions of the Assembly and determine anent the articles given in to them according to the Lawes of the Kingdome and articles of pacification And if there were any objections to the contrair they were ready to receive and answer the same in writ The King said It was his Commissioner behoved to give these and that his Majesty was to maintain his actions And thursday the 12. of March was assigned for their next hearing and the Kings Commissioner commanded to give his objections to them in writ against that time Vpon the 12. of March The King called for the power and warrant granted by the Parliament to these Noblemen and others who had subscryved our Commissioners Instructions which being contained in the declaration made by the Parliament his Majesty commanded the whole Declaration to be read did expostulat and quarrell the same as trinching upon his prerogative And diverse objections were proponed against the Declaration both by his Majesty and these of the Committee Which was answered by our Commissioners who did write what was reasoned and answered concerning that point and craved that what could be objected against that or any other of the Parliaments proceedings should be set down it writ whereupon the King commanded the Earle of Traquhair to set down the state of the question in writ which he did in maner following viz WHether are you warranted or instructed from Parliament to satisfie his Majestie anent his power of proroguing of Parliaments of himselfe and of his own Royall prerogative simplie and whether a Parliament thus prorogued simplie by his Majesties owne sole Royall power can or may sit before the time to which his Majestie hath prorogued the same And if you have no warrant nor instruction herein from the Parliament what is your owne private Judgement therein Likeas his Majesty commanded the Earle of Traquhair to give some other propositions and querees and the 16. of March was assigned to our Commissioners to give in their answers which propositions were delivered to them upon the day of March which are these viz Protestation given in at the first prorogation of the Parliament at least given into the Commissioner to be represented to his Majestie Act desiring the power of articles New augmentation of customes to bee discharged and no custome nor imposition to be imposed hereafter but by advice
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
can be no diminution of his Majesties right or power in Assembly or Parliament and since the Pastors of the Kirk desire not to meddle with the civil affairs of the Kingdome and are heartily content for their means of life and any temporall thing that they possesse to be represented by the temporall estates of Parliament as the rest of his Majesties Subjects are whatsoever their calling or qualitie be Were the fountains and first originall of this place and power of spirituall or Kirk Lords discovered they would be found so bitter and venemous both to King and people that they would be soone disgusted of them and would be glad to apprehend the opportunitie of the temperament and moderation of Kirkmen willing to sequestrat themselves to the care of souls from State affairs and secular government which have ever proven unluckie in their hands as never being created of God for such a worke and the bane of Religion and the service of God as we of late and many other nations before us have found It is known that an act of oblivion in such a case of peace making and accommodating of affairs is very different from an act of Remission for although it beseemeth not Subjects to stand upon pointiles subtilties or complements with their Prince yet knowing the minds and malice of our adversariâ—s who upon the least word from us would begin to justifie themselves and condemne us from our own mouths against their just sufferings that they might be conquerours in the end And resolving to remain constant in the Confession of our own innocency that we had neither deserved the imputation of Rebellion and Treason nor yet any hostilitie and invasion but were certain our selves and laboured to certifie the Kings Majesty of our uprightnesse and sincerity in all our actions we judged it most reasonable in humilitie to acknowledge his Majesties justice goodnesse and fatherly care in giving way to the settling of thâ—se commotions and withall to have the authors and abettors to bear their own blame and burthen wherof to exoner them were to wrong the Kings honour and without faultinesse to defile and oppresse our selves and the cause of God The answers of our Commissioners Concerning the act of reliefe and the Five demands pag. 26. 27. and to many other propositions made to them are so full that we need to adde nothing Our adversaries have concealed more of the grounds of our actions as they are proponed by our CoÌ„missioners supposing it may be that they shuld never see the light then they have opposed unto the truth expresse by them yet one point of their artifice it is not meet that we should passe over They charge us upon our propositions of keeping our Castles by natives and of denying patents of honour to strangers but by such as have a competencie of Land-rent within the Kingdome that therby we are working division and wakening ancient Nationall animosities and in the mean while they fall in the fault themselves and labour by all means to provoke the English against us that our mutuall union of brethren may be changed in a slavery and subjection of the one Nation to the other that the glory of one of the two Crowns may be hâ—d under the other and there may be no other relation but of Master and servant which may have more aw and authority but lesse love and good liking We indeed professe that at this time it is hard to admit Garrisons of the English within our Castles although for winning the Kings Majesty to think the better of us that hath been done and we referre to the English themselves whâ—ther they think it reasonable or well grounded policie to conferre titles of honour and voice in Parliament upon men who neither have place nor office neither house nor land neither sowing nor reaping in this Countrey But it is comfortable to us to think and is unto us a ground of many hopes that the two Nations so long and so far divided before are in our time straitly joyned not only by naturall union in one Iland but also spirituall in one Religion civill under one Head morall in the mutuall interchange of so many duties of love And domesticall by marriages and allyances bringing forth children to be pledges of increasing and ever-during love to both Nations we heartily wish that all our Countrey-men honoured there were like Joseph or Daniel or Mordecai men of many blessings unto them although through the absence of our King we be deprived of the opportunity and means that they may wish the like happines unto us here Neither shall there be any favour put upon our postnati amongst them in Parliament or otherwayes but we shall strive in all thankfulnes to equall it according to our small power But withall we wish that our unworthy and disnatured Countrey men may find small respect there and such as are highly respected and honoured forget not in the time of necessity the Religion and liberties the soul and life of the mother that bore them and the breasts that give them suck When the Parliament had proceeded in their articles and demands after this manner and upon very good grounds we promised unto our selves a peaceable conclusion The Lord Commissioner sheweth that it is his Majesties will that the Parliament be prorogated to the 2. of June and that by his Majesties authority only of the prorogation the praetension is pag. 30. that our aime was not now for Religion but to alter the whole frame of civill governement The deduction of our proceedings by our Commissioners hath shown what our aime hath been and what reasons and means we have used to attain it The setling of Religion as it should be determined in assembly was promised And therefore no necessary consequence thereof although importing some alteration in the members or order of the Parliament should have been denyed Other matters of Religion may be settled by Law without the smallest alteration of Parliament But when it is found by the Assembly of the Kirk to be against Religion that the Ministers of Christ be Lords of Parliament a change in Parliament must needs accompany it Other things were promised which might conduce for the good and peace of the Kingdome The particulars which were presumed to be of this kind were proponed and demanded and ought to have been disputed in face of Parliament and either received or rejected as they did deserve Of the proroguing of the Parliament by his Majesties meer commandement the reason is given pag. 31. because we had disputed it upon what grounds the dispute was may be apparant from the declaration of Parliament Which we have here set down for two reasons One is that it self may be in stead of an answer against what is opposed And therfore we only desire that after the censure thereof is read it may be read the second time and considered and there will need no other reply Another reason is that the difference may be
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
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
fatherly compassion of his subjects who esteem no earthly thing more grievous to them then that their loyaltie to his Majestie should be called in question and their proceedings traduced may be pleased to allow you that favour to cleare them in publick before his Counsellours of both Kingdomes from these unjust imputations without acknowledging them as a Judicatory which you must alwayes decline You shall be earnest with his Majestie for obtaining a short day to be assigned for the sitting downe of our Parliament not onely for remeiding these great evils formerly knowne but also the confusion wherein the Subjects are cast by the copper-money lately coyned going at so high a rate far above the intrinsick value which being called down and up by the Councell within the space of eight dayes is made so questionable that scarce will any receive it till order be taken therewith That for such desires and motions as were made in articles and which the Commissioner required might be communicat with the King before the Parliament should determine thereof his Majestie being now acquainted therewith by his Commissioner may return the signification of his Royall pleasure there-anent lest the proceedings of the Parliament by reason thereof be longer delayed You shall beseech his Majestie with all earnestnesse in our names to bee pleased to trust no mis-report of our desires and actions till first he be pleased to communicate to us the Informations he hath received against us that so we may either clear the same or take the readiest way to give his Majesty all lawful satisfaction which may prevent all mistakings in time comming Seeing by the articles of pacification his Majesty was pleased to appoint a Parliament for removing the distractions and setling a perfect peace in this Kirk and Kingdome you shall therefore demonstrate many of these acts and over-tures presented to the articles whereat exception was taken were so absolutely necessar for that end as neither the causes could bee removed nor remedies applyed without them You shall remonstrate to his Majesty how that contrary to the articles of pacification whereby all things should have bin put in the like cōdition they were in before the late troubles The Castle of Edinburgh which had no greater number then 24. or 30. men allowed for keeping thereof is now furnished with six or seven score souldiers who have victuals provyded and laid in for a 12. month potpieces garnets fire-works and all other hostile furniture not fit for defence but for harming the Towne of Edinburgh notwithstanding the present Captaine professed hee desired no greater number of men then 60. for performing all dueties in keeping that place And that the Castle of Dumbartan is furnished in like manner and manned with Englishmen contrary to our acts of Parliament To answere the objections which either are proponed or which wee conceive can be proponed against the acts and proceedings of the Parliament according to the particular answers you have for that effect You are earnestly and humbly to intreat that the Kings Majesty having heard his Commissioner and you to the full may be graciously pleased to appoint the Parliament without any longer delay to sit down and determine all the articles given in to the Lords and others of articles whether they were past or referred or not past and to ratifie the conclusions of the late Assembly and for setling 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 Seale And if any new propositions or challenges which were not proponed before and which may deepely concerne our businesse and whereof you have not any ground or warrant to make answer in your Instructions and Informations and which may necessarily require advice and answer from us before your returne in that you shall write or send to the Commissioners appointed by the Parliament to remaine at Edinburgh as you finde convenient to crave farder advice and instruction there-anent Seeing upon the relation of our proceedings wee heare there is a Parliament appointed to be in England which wee have this long time earnestly wished for as the remedy of many evills both for his Majesties good and the peace of the Dominions wee are confident they shall consider the estate of our businesse albeit wee and our Lawes are independant and different from them as they are from us wee are able to cleare to all who shall inquire in our actions and demands that they are agreeable to the Lawes and Liberties of our Kingdome and the duety of loyall Subjects and that wee never had nor have any intention to wrong his Majesties Princely power or lawfull authoritie nor with-draw our selves from that civill and temporall obedience which is due from us to our dread Soveraigne but meerly to preserve our Religion and Liberties of our Kingdome without which Religion cannot long continue in safetie You are to deale earnestly with his Majesty and humbly to beg at his hands that you may be quickly dispatched back againe that you may bee at home in Scotland betwixt and the 25. day of March next to come Sic subscribitur Lothian Dalhousie Balmerino Napeir Dundas of that Ilk Wachtoun Thomas Myrtoune of Kambo William Rig Sir David Murrey Sir George Stirling of Keir John Smith for Edinburgh Thomas Bruce for Sterling James Glen for Linlithgow Another particular is mentioned in the Declaration pag. 46. The neglect of a Ceremony and complement witnessing in our Commissioners the sense of his Majesties Grace and goodnesse in hearing them who had no power to accomodat affaires which how it was wee know not but his Majestie knoweth well that the Scottish Nation glorieth more in kindnesse and realities then in expressions by word or gesture they might also have interpreted a thanksgiving at that time when they were so serious to have been a losse or interruption in businesse or have feared the aspersion of glossing faining flattering which hath been put upon us before And it may bee that their sense was the lesse because they conceived their instructions to be full As they were obliged to the example of the Lord Marquesse of Hammiltoun named here for this good office so are we all longing for the happy time when our hearts shall be so far affected with the sense of his Majesties grace and goodnesse that our Supplications may bee turned in thanksgiving to God and the King our troubles into a firme peace and all our clamours and complaints into acclamations of joy at which time there shall be no want of Ceremonie thansgiving or gratulation from the whole Nation The third is That the answers of our Commissioners were impertinent c. pag. 47. And that the Lords of the English Councell were of opinion that our Commissioners ought not to bee heard till they should acknowledge that the Supreame magistrate must have authoritie to call and dissolve Assemblies and to have a negatiue voice
in them c. If their answers did give the reasons of the demands in Parliament as it may appear by their proceedings they did in so many of them as were controverted for other demands there was no just exception against them as is acknowledged Declaration Pag. 45. 47. they were not impertinent but satisfactorie although they did not satisfie our adversaries who were determined to receive no satisfaction but in the overthrow either of our Religion and Liberties or of our selves It could not in reason be expected that three or foure Commissioners should hold a Parliament there with a Committee and leave nothing to a Parliament here but an approbation of their doing This hath more in it then can be told in few words It had been good before the Councel of England had given their opinion which we beleeve was not their sentence that they had called to their remembrance that our Commissioners were sent not to give judgement but to give the reasons of our demands and that they behoved to keep themselves within the compasse of their instructions that in the time of the peace making his Majestie thought it not meet to insist in the three Querees of calling and dissolving Assemblies and of a negative voice as may be seene before in the first part of this answer pag. 13. And that his Majestie did graciously acknowledge that all matters Ecclesiasticall whereof this being understood of the Assemblies of the Kirk is one ought to be determined in the Assemblies of the Kirk according as it is determined in the late generall Assembly act August 17. of prorogating or dissolving of Parliaments and other assemblies our declaration speaketh pag. 55. What other supreame powers in the Christian world may do by their different laws constitutions and customes were long and laborous to enquire but wee shall strive to keep our own without wronging any other Kingdome either by our sentence or opinion especially in times of danger Before we come to the third part of the Declaration we meet with the answer of three objections which are supposed to be made upon our part The first is pag. 47. that his Majestie promised unto us a free Parliament and we adde that a speciall promise was made of the ratification of the acts of the Assembly in Parliament and of settling other such things as may conduce to the good and peace of the Kingdome Like as we were oblidged both by the nature of the thing it self and our promise To seek nothing but to enjoy our Religion and liberties according to the Ecclesiasticall and civil laws of the Kirk and Kingdome and not to diminish his Majesties greatnesse and authority But when the Parliament is conveened the acts of the Assembly are refused to be ratified in so far that his Majesties Commissioner refuseth to repeall and rescind such acts of Parliament as are inconsistent with the ratification of the acts of the Kirk although it cannot upon any shadow of reason be denyed that the Parliaments power and freedome consisteth in this to make and unmake laws as in their prudence shall seem convenient Other articles which were proponed as they were conceived to be for the peace and good of the Kingdome so neither in the intention of the proponers nor in their own nature and condition did they touch or trench upon his Majesties Glorie Crowne Sceptre or Power as is before made manifest they all tending either to the sensible good of the Subject or to the reforming of such abuses as do obscure his Majesties justice and goodnesse and being granted would conciliat love reverence and cheerfull obedience to his Majesties government The second objection supposed to be made by us Declaration pag. 48. is from his Majesties allowing of the Covenant and commanding of the Lord Marquesse of Hammiltoun the former high Commissioner and other his Majesties Subjects to subscribe it and from the Earle of Traquair his Majesties high Commissioner his subscription or allowance of the subscribing of the Covenant It was never in our mindes to make use of the first our reasons are extant in print against it as subtilie disappointing and destructive of our intended reformation against the late novations and against Episcopacie it self the waggoner which had brought them in and when it was subscribed by some few it was done with this expresse Declaration That they subscribe it in no other sense but that which it had in the yeare 1580 when it was at first subscribed which is found by the Assemblies of the Kirk contrarie to the Lord Marquesse his meaning quite repugnant to Episcopacie and all the attendants thereof in Kirk and State wee indeed acknowledged it to be the same in substance with that which we have subscribed of late but that by our adversaries who ever set themselves against our explanation and application thereof to the late corruptions and innovations was not acknowledged till the Assembly at Edinburgh and by some of them is still denyed what is pertinent for the clearing this question was so fully written at that time that nothing needeth now to be added Concerning the Earle of Traquair it is alleadged Declaration pag. 50. that we have no warrant for our actions for rebellious courses and treacherous combinations no man can have warrant and we detest and disclaime them from his subscription of the Covenant First because it is evinced by the petition of the Generall Assembly for subscribing of the Covenant that our subscription before this time was neither laudable nor warrantable where wee intreat the reader whosoever to make some pause and compare the words of the Supplication of the Assembly with the words of the Declaration The words of the supplication as it was presented before the Councel table standeth registrat in the books of Assembly and Councell is prefixed to many subscribed copies of the Covenant even that which was subscribed by the Commissioner and Councel and is printed supra pag. 40. ANd following the laudable example of our predecessours 1589 do most humbly supplicat your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell to injoyne by act of Councell that the Confession and Covenant which as a restimony of our fidelitie to God and loyaltie to our King wee have subscribed may be subscribed by all his Majesties Subjects The words of the Supplication as they are cited in this Declaration pag. 50. NOw following the laudable example of their predecessours they doe humbly supplicate for the same and that they may be allowed and warranted to subscribe it The cogging and cosenage is so grosse that we are forced to turn our answers in this point obvious to every ey into a complaint that any of whatsoever quality shall be suffered after this foul and falsifying way to wrong the Kings honour and the Kingdomes peace in so high a matter as is a Covenant Next our actions are said to be unwarranted because this Covenant by that which is prefixed to the
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
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