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
conveened together and sent for the Advocat who assured them that there was not nor should not bee any such thing but that the act should be conceived in so clear terms that it should not be possible to draw in under any part thereof a power to the Lords of Exchecquer to dispute let be to decyde in heretable rights And as the Subjects heretable rights and infeftments are by this act saved from being decyded or annulled by incompetent judges so your Majestie is no wayes prejudged thereby seeing the Lords of Session who by the laws of that Kingdome are proper and competent judges of heretable rights and infeftments may and will decyde any questions which may concerne your Majestie the nature tenor and validitie of any heretable right After reading and debateing of the former answers and agitation anent the Earle of Traquaires carriage in Parliament in refusing these things therein till whereunto he had consented in the Generall Assembly Especially that act of Assembly of the date the 17. of August whereby Episcopacie and the civill power and places of Kirkmen was condemned as contrary to the Confession of faith and constitutions of that Church And declared to be unlawfull and removed out of that Church and Kingdome and all the subjects by act of the Assembly with the Commissioners consent ordained to subscryve the Confession of faith with the Assemblies explanation Our Commissioners as they at the closure of all their hearings did humbly crave That his Majestie would be graciously pleased to command the Parliament to proceed and ratifie the conclusions of the Assembly and passe such other acts as were necessar for establishing Religion and the peace of that Kingdome And did require that his Majestie would signifie his pleasure concerning the desires of the Parliament and did urge their dispatch showing his Majestie the danger and prejudices which might result from delay But his Majestie commanded them to attend his time and leasure and appointed the 23. of March for the next hearing And that all farther propositions and demands which were to be made to them would be given in to them in writ that they might answere the same against that time Vpon the 20. day of the foresaid moneth of March about six a clock at night The Earle of Traquair sent to our Commissioners these propositions following PRotestation against the Thesaurer and privie seales precedencie That their giving way to the Thesaurer and privie seal should not prejudge them of their right The act anent the constitution of the Parliament in time coming being by the articles remitted to his Majestie to be considered till the next Parliament was thereafter questioned by some of the Nobilitie and Barons who orged the same to be brought in in open Parliament without any such reference Article craving every Commissioner of the Shyres to have a severall voice Article craving the Parliament to choose their owne Clerke or to have two of every Estate joyned with the Register and that all acts voiced in Parliament be immediatly subscryved by two of every Estate Article for every Estates choosing of their owne Lords of articles Act discharging proxies Article against the book intituled a large Declaration Commissioners of Shyres to give a roll of freeholders out of which the Justices of peace are to bee chosen Act anent the disorders of the North. Articles craving the Councell to be subalterne and censurable by the Parliament No patent of Nobilitie to be granted to any but such as have Ten thousand markes of yearely Land rent No taxation to be granted but in plain Parliament Act of pacification Article craving particular Commissions of Justiciarie and leiveteinandrie to be discharged Article in favours of Sheriffes and Stewards onely to be obliged to produce horning for the taxation Patent of making powder to be discharged Act discharging remissions for slaughter and theft but upon satisfaction to the partie Act discharging protections Act of common relief Article craving the act 1633. ordaining that confirmations and infeftments of Ward-lands shall not prejudge the Kings Waird to be repealed Act discharging the duetie payed to the Conservatour upon the coale Article craving the ammunition and armes brought in since the beginning of these troubles to be free of custome Article anent the election of the president of the Session and admission of the Judges presented by his Majestie Act craving Statesmen being Noblemen to have but one voyce His Majesties warrant for Master William Hay his deputation in his fathers place opposed by the rest of the Clerkes Vpon the 23. day of March the subsequent answers were presented to his Majestie by our Commissioners to these former propositions viz THe protestation made by some Noblemen that their giving way to the present Thesaurer and privie Seales precedencie should not prejudge them of their right Carries the reason of the protestation in it self Because in Law and practise it is usuall to any who conceive themselves prejudged even in these things where acts of Parliament passes against them To protest multo magis in such a case as this is it lawfull for them to protest That their giving way to that which they conceive hath no Law for it should not prejudge their right which is onely craved prout de Jure The act anent the constitution of the Parliament remitted by the articles to be considered by your Majestie till the next Parliament was questioned and urged that the same might bee brought in open Parliament without any such reference for diverse reasons First because in that act there was a clause craving it might be enacted that there should bee stataria parliamenta once in two or three yeares at least at which clause of the act so soon as it was understood by the proponers and ingivers thereof that your Majestie might conceive the same to derogat from the freedome of your royall power of indicting Parliaments when your Majestie pleased They did passe from that part and clause of the act And albeit it may easily bee demonstrat from the prejudice which your Majesties ancient and native Kingdome susteines through want of your royall and personall presence and their living at so farre a distance from the place of your Majesties residence how requisite it is that there bee frequent Parliaments holden in that Kingdome yet lest the desires of your Majesties subjects might seeme in any wayes to trench upon your authoritie they did passe from that part of their desire and did onely insist that there might bee a right constitution of the Parliament and that an act might be past for rescinding and repealing of such former acts of Parliaments as repugne the acts and conclusions of the Assembly which is conceived to be so absolutelie necessar as there neither can be a valide Parliament without the same nor can the acts and conclusions of the generall Assembly be ratified which to refuse were both contrar to the principall end for which the Parliament was indicted and against your Majesties royall
the Clerks against Master William Hayes deputation in his fathers place The Commissioner to whom they did produce their reasons in writ can best give an accompt thereof And albeit wee have in obedience to your Majesties commandement according to our bound duetie shown the reasons why these propositions whereof your Majestie hath taken notice as prejudiciall to your authoritie were demanded yet many of these propositions are of so small moment being onely and me erely about the interest of privat persons as they are of no publick concernement de minimis non curat lex Nor doth the Parliament stick upon these or any other articles of that kind any farder nor as they have cleare warrant of Law and as your Majestie and Estates shall find them convenient for the good of your Subjects But the humble and earnest desire of your Majesties Parliament is That seeing wee have showne your Majestie their humble desires and reasons of their demands your Majestie may bee graciously pleased to command the Parliament to proceede and ratifie the conclusions of the Assemblie and passe such acts as are necessar for establishing of Religion and for the good and peace of the Kingdome according to the articles of pacification That by the mutuall embracement of Religion and Justice under your Majesties happie government Trueth and peace may kisse one another and the joy and chearefull obedience of your Majesties Subjects may bee encreased After the deliverie and reading of which answers and answering all objections which were proponed by his Majestie or those of the Committee thereupon which our Commissioners immediatly after their parting with his Majestie did put in writ They declared that they had according to their Instructions with honest and willing hearts performed that charge which was laid upon them and did show his Majestie how much Religion and that whole Kingdome did suffer by delayes And that it would please his Majestie to give them their dispatch that they might returne to those that sent them who are longing much for the returne of his Majesties gracious answer Being thereafter removed and within the space of halfe an houre called in The Kings Majestie said That hee could not now appoint them any time for dispatch But that his Majestie would take his owne time to consider of their answers and would then make his farther pleasure knowne to them AFter that our Commissioners had thus acted their part faithfully in what was committed to them by us demanded of them by the King and could be expected from them by others This Declaration cometh forth under his Majesties name which may make his Majesties pleasure knowne to them and no more but known they being shut up and one of the Noblemen put in prison upon some pretensions of our powerfull enemies which what they are shall appear afterward so that they are deprived not onely of the benefit of further hearing but of all libertie to just fie themselves and their proceedings A necessitie therefore is laid upon us to compare the Proceedings with the Declaration that if there be any demands accusations or objections as we beleeve there bee few or none which have not been proponed to them they may now be examined by us and satisfied First concerning the forme of electing the articles nothing can be said by us which can so satisfie the minds of such as are not acquainted with this difficulty as the article it self as it was conceived which yet with other particulars of this kinde we are constrained to spare lest these papers grow to a greater bignesse then wee intended for the article is disjunctive that either the whole Parliament or each estate by themselves severally shall choose the articles And therefore although it were proven by some practicks that every Estate did not choose their ovn articles but that they were chosen by the whole Parliament this doth not militat against us but falleth into the other part of the disjunction contained in the article We holding this constantly that neither by the records of Parliament which are keeped up from us and unto which we appeal nor so farre as we can learne of old Noblemen who have assisted in Parliament for many years by the testimonies of Parliamentarie men in the yeare 1609. and 1612. specified in the Declaration pag. 21. or any other year before 1617 can it be showne that the forme used since the year 1617. had place in the election of the articles it was introduced with the Prelats and must go forth with them again it being impossible that Bishops having no place in Parliament by vertue of the act of Assembly and of his Majesties Declaration promising to confirme the acts of the Assembly can have any place in the articles And therefore that it was necessarie that the election of the articles should be altered unto the forme used before 1617. even when Prelats had voice in Parliament which can neither reflex upon his Majesties royall authoritie nor upon the internall life or externall lustre and glorie of the high court of Parliament What is objected for the power of the articles Declaration pag. 21. is so clearly and fully answered by our Commissioners pag. 19 20 21. that nothing more Nothing can belong to them by vertue of any preceeding act of Parliament or by the nature of the thing it self which is to be a preparatory committee for the Parliament that shall by us be denyed although it must be confessed that it belongeth properly to the Parliament to determine their power as in their wisedome they shall finde convenient Concerning the constitution of the Parliament it was necessar that it should suffer also some alteration but that was accidentall and by inevitable consequence following upon the act of the Assembly and subscription of the Covenant by his Majesties Commissioner and upon his Majesties irrevocable Declaration which can never bee interpreted to have any affinitie with Treason spoken of in the Declaration except we will say that the Kings Majestie and the whole Estates of Parliament who have full and uncontrolable power to make and abolish laws can runne themselves in the guiltinesse of that crime upon changing of their own laws and customes the fear is greater that acts of Parliament made for the advantage and advancement of Prelats against the Confession of Faith and Covenant of God and against many protestations of the Kirkbe Laes-Majestie divine to be repented of lest it pull down upon us the wrath threatned this day Acts of rescission or repealing are so necessar that it were not onely an incongruitie but a repugnance to make a new act and withall to suffer former acts ordaining the contrarie to stand in vigour and not to abolish them but the cause of quarrelling is in the matter of this act of rescission which cannot be remeeded except by rescinding of the act of Assembly of the Confession of faith and Covenant and of his Majesties Declaration which wee trust shall never be repented of since it