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A11675 A true representation of the proceedings of the kingdome of Scotland; since the late pacification: by the estates of the kingdome: against mistakings in the late declaration, 1640 Lothian, William Kerr, Earl of, 1605?-1675.; Church of Scotland. General Assembly.; Scotland. Parliament. 1640 (1640) STC 21929; ESTC S116866 97,000 176

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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
advancing of Pop●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