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
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
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
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
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
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
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