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
Par. 4. cap. 21. Par. 6. cap. 46. Par. 7. cap. 50. Par. 8. cap. 64. Par. 13. cap. 93. Item K. Ja. 4. Par. 1. cap. 2. Par. 2. cap. 17. Par. 5. cap. 55. Item K Ja. 5. Par. 7. cap. 99. Item K. Ja. 6. Par. 1. cap. 17. Item in the unprinted acts of K. Ja. 6. Par. 5. anno 1578. Par. 7. cap. 106. Par. 8. amongst unprinted acts an 1584. Item in his 13. Par. an 1593. amongst the unprinted acts And such like in printed acts of his Par. 15. cap. 249. Par. 16. c. 9. And in the Parliament an 1633 holden by your Majesties self There is commission given in Parliament to the secret Councel and other Commissioners anent the frequent course of Dollars and base copper money by reading of which acts It is most manifest That the fynnesse weight and price of money hath been ruled and determined by your Majesties predecessours and your Majesties self with advice of Parliament neither is it meaned nor intended that your Majesties royall priviledge which hath beene and is due to your Majestie and your royall antecessours shall thereby in any fort be trinched upon nor impared The reason of that article whereby it is humbly craved that the castles of Edinburgh Dumbartan and Striviling may be intrusted onely to Natives and these to be chosen by advice of Parliament of such faithfull and honest men as do tender your Majesties honour and the safetie of the Kingdome may be seene not onely from the nature and importance of the charge but likewise from the former practise of your Majesties royall predecessours who did dispose of these castles with the speciall advice and counsell of their Parliament as is recorded in the old Registers of the Parliament 1368. Likeas fol. 83. of the old acts K. Ja. 4. It is concluded by advice and deliverance of the three Estates That Patrick Lord Haills be keeper of the castle of Edinburgh and artilerie of the same c. Item fol. 21. cap. 35. K. Ja. 6. in the old acts The three Estates ordaines the castle of Dumbar and fort of Inchkeith to be demolished and destroyed that no foundation remain thereof Likeas by diverse unprinted acts as in anno 1578. and 1585. and 1606. Your Majesties houses hath beene disposed of with advice of Parliament And not onely nationall statutes but the common law of nature and Nations do forbid the receiving of strangers to bee keepers of the strengths of a free Kingdome And when the Parliament of Scotland 1604. gave commission anent the Union with England with exception of reserving of free Monarchie and the fundamentall laws liberties and priviledges of that Kingdome Your Majesties father in his printed speech to the Parliament of England 1607 when he interprets that clause of fundamental laws declares that hee could not make Scotland a naked Province without libertie and set Garisons over it as the Spaniards do over Cicilie and Naples or govern them by Commissioners So that his Majestie in his owne interpretation doth acknowledge that the putting in of Garisons especially of strangers as of English men in the Forts and Castles of Scotland as the King of Spain puts in Cicilie and Naples or as the King of England puts English in the Forts of Ireland is a breaking of the fundamentall laws and liberties of Scotland and the using of it like a naked conquest Province like unto Cicilie Naples or Ireland And as your Majesties Subjects gave an undoubted proofe how tender their mindes are in the point of obedience to your Majesties commandements not onely in delivering of the Castles to be disposed of at your Majesties pleasure without any assurance other then their confidence in your Majesties goodnesse and justice so have they of late given a verie submisse and rare testimonie of their obedience in the humble reception of these strangers and ammunition which your Majestie was pleased to send to the Castle of Edinburgh where the honours of the Crown and Kingdome and registers are keept preferring their obedience to your Majesties cōmandment to their own safety even at this time when their ears are filled with rumors of hostill preparation against them All which makes them and us in their names humbly to supplicat and expect that your Majestie will bee graciously pleased by recalling of that Garison to free your loyall subjects of these feares and dangers who will ever be ready to hazard their lives and fortunes to do your Majestie service Neither doe they in the act which is given in to the articles arrogat or assume power by themselves to appoint keepers for your Majesties Castles but do humbly crave that your Majestie may out of your goodnesse be graciously pleased to declare for further satisfaction of your Subjects that the Captains and Commanders of your Majesties Castles may bee chosen by advice of the Estates of Parliament And that such as shall happen to be placed betwixt Parliaments may beetryed and found by your Majesties Councell to be men of such qualitie as are fit and able to undergo that charge which in the judgement of the Parliament derogats nothing from your Majesties royall power As for reasons of the act anent the judicatorie of the Exchequer we have set down some few of the many reasōs which do sufficiētly prove the equity justnes therof 1 The Session and Exchecquer are distinct judicatories and not subordinat one to another and cannot be coincident in the same object And therefore seeing the question of right and nullitie of rights is competent to be decyded by the Lords of Session by way of action or exception it is altogether incompetent to be discussed by the Lords of Exchecquer 2 The Lords of Exchecquer are incompetent judges in a declaratour of nullitie by way of action and consequently cannot annull any right by way of exception which is a more summar way And it were absurd in law seeing the subject and question is one whether proponed by way of exception or action that incompetent judges of the action they should have a more absolute and summar jurisdiction by way of exception 3 It appears by an act of Parliament not printed 1593 intituled Commission to the Exchecquer anent decyding suspensions in the Kings cause that before the said act the Exchecquer had not power to decyde in suspensions while it was given them by the Parliament farre lesse then can it be thought that they ever had or can have power to decyde in the point of heretable rights Neither doth the late act 1633 authorize the Exchecquer to decyde therein expresly And if it bee truely considered some generall words contained therein intermixt with the particular cases therein exprest should not nor cannot be extended to so high a point as the disputing and decyding of the Subjects their heretable rights Likeas at the making of the said late act the Lords of Session having heard some surmize that your Majesties Advocat was giving in such an act seven or eight of them
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
can be no diminution of his Majesties right or power in Assembly or Parliament and since the Pastors of the Kirk desire not to meddle with the civil affairs of the Kingdome and are heartily content for their means of life and any temporall thing that they possesse to be represented by the temporall estates of Parliament as the rest of his Majesties Subjects are whatsoever their calling or qualitie be Were the fountains and first originall of this place and power of spirituall or Kirk Lords discovered they would be found so bitter and venemous both to King and people that they would be soone disgusted of them and would be glad to apprehend the opportunitie of the temperament and moderation of Kirkmen willing to sequestrat themselves to the care of souls from State affairs and secular government which have ever proven unluckie in their hands as never being created of God for such a worke and the bane of Religion and the service of God as we of late and many other nations before us have found It is known that an act of oblivion in such a case of peace making and accommodating of affairs is very different from an act of Remission for although it beseemeth not Subjects to stand upon pointiles subtilties or complements with their Prince yet knowing the minds and malice of our adversariâ—s who upon the least word from us would begin to justifie themselves and condemne us from our own mouths against their just sufferings that they might be conquerours in the end And resolving to remain constant in the Confession of our own innocency that we had neither deserved the imputation of Rebellion and Treason nor yet any hostilitie and invasion but were certain our selves and laboured to certifie the Kings Majesty of our uprightnesse and sincerity in all our actions we judged it most reasonable in humilitie to acknowledge his Majesties justice goodnesse and fatherly care in giving way to the settling of thâ—se commotions and withall to have the authors and abettors to bear their own blame and burthen wherof to exoner them were to wrong the Kings honour and without faultinesse to defile and oppresse our selves and the cause of God The answers of our Commissioners Concerning the act of reliefe and the Five demands pag. 26. 27. and to many other propositions made to them are so full that we need to adde nothing Our adversaries have concealed more of the grounds of our actions as they are proponed by our CoÌ„missioners supposing it may be that they shuld never see the light then they have opposed unto the truth expresse by them yet one point of their artifice it is not meet that we should passe over They charge us upon our propositions of keeping our Castles by natives and of denying patents of honour to strangers but by such as have a competencie of Land-rent within the Kingdome that therby we are working division and wakening ancient Nationall animosities and in the mean while they fall in the fault themselves and labour by all means to provoke the English against us that our mutuall union of brethren may be changed in a slavery and subjection of the one Nation to the other that the glory of one of the two Crowns may be hâ—d under the other and there may be no other relation but of Master and servant which may have more aw and authority but lesse love and good liking We indeed professe that at this time it is hard to admit Garrisons of the English within our Castles although for winning the Kings Majesty to think the better of us that hath been done and we referre to the English themselves whâ—ther they think it reasonable or well grounded policie to conferre titles of honour and voice in Parliament upon men who neither have place nor office neither house nor land neither sowing nor reaping in this Countrey But it is comfortable to us to think and is unto us a ground of many hopes that the two Nations so long and so far divided before are in our time straitly joyned not only by naturall union in one Iland but also spirituall in one Religion civill under one Head morall in the mutuall interchange of so many duties of love And domesticall by marriages and allyances bringing forth children to be pledges of increasing and ever-during love to both Nations we heartily wish that all our Countrey-men honoured there were like Joseph or Daniel or Mordecai men of many blessings unto them although through the absence of our King we be deprived of the opportunity and means that they may wish the like happines unto us here Neither shall there be any favour put upon our postnati amongst them in Parliament or otherwayes but we shall strive in all thankfulnes to equall it according to our small power But withall we wish that our unworthy and disnatured Countrey men may find small respect there and such as are highly respected and honoured forget not in the time of necessity the Religion and liberties the soul and life of the mother that bore them and the breasts that give them suck When the Parliament had proceeded in their articles and demands after this manner and upon very good grounds we promised unto our selves a peaceable conclusion The Lord Commissioner sheweth that it is his Majesties will that the Parliament be prorogated to the 2. of June and that by his Majesties authority only of the prorogation the praetension is pag. 30. that our aime was not now for Religion but to alter the whole frame of civill governement The deduction of our proceedings by our Commissioners hath shown what our aime hath been and what reasons and means we have used to attain it The setling of Religion as it should be determined in assembly was promised And therefore no necessary consequence thereof although importing some alteration in the members or order of the Parliament should have been denyed Other matters of Religion may be settled by Law without the smallest alteration of Parliament But when it is found by the Assembly of the Kirk to be against Religion that the Ministers of Christ be Lords of Parliament a change in Parliament must needs accompany it Other things were promised which might conduce for the good and peace of the Kingdome The particulars which were presumed to be of this kind were proponed and demanded and ought to have been disputed in face of Parliament and either received or rejected as they did deserve Of the proroguing of the Parliament by his Majesties meer commandement the reason is given pag. 31. because we had disputed it upon what grounds the dispute was may be apparant from the declaration of Parliament Which we have here set down for two reasons One is that it self may be in stead of an answer against what is opposed And therfore we only desire that after the censure thereof is read it may be read the second time and considered and there will need no other reply Another reason is that the difference may be
secondly desire that his Majestie would be pleased to declare and assure That it is his Royall will that all matters Ecclesiasticall be determined by the Assemblies of the Kirk and matters civill by the Parliament and other inferiour Judicatories established by Law because wee know no other way for preservation of our Religion and Lawes and because matters so different in their nature ought to be treated respectivê in their own proper Judicatories It was also desired that Parliaments might be holden at set times as once in two or three yeares by reason of his Majesties personall absence which hindereth the Subjects in their complaints and grievances to have immediat accesse unto his Majesties presence And where his Majestie requires us to limite our desires to the injoying of our Religion and Liberties according to the Ecclesiasticall and civill Lawes respectivè Wee are heartily content to have the occasion to declare That we never intended further then the enjoying of our Religion and Liberties And that all this time past it was farre from our thoughts and desires to diminish the Royall authoritie of our native King and dread Soveraigne or to make any invasion upon the Kingdome of England which are the calumnies forged and spread against us by the malice of our adversaries and for which wee humbly desire That in his Majesties justice they may have their own censure and punishment Thirdly we desired a blessed pacification and did expresse the most readie and powerfull meanes which we could conceive for bringing the same speedily to passe leaving other meanes serving for that end to his Majesties Royall consideration and great wisedome Before his Majestie gave an answer to our above written desires Three Querees were read out of a paper by his Majesty to our Commissioners Vnto which they gave a present answer by word and at his Majesties instance prepared their answers to be exhibite in writ but they were not called for THE QUEREES 1. WHether we acknowledge the Kings Majestie to have the sole indiction of Assemblies 2. Whether his Majesty hath a negative voyce in Assemblies 3. Whether his Majestie hath the power of raising Assemblies ANSWERS 1. THat it is proper for the Generall Assemblie it selfe to determine questions of this kind and it were usurpation in us which might bring upon us the just censure of the Generall Assemblie to give out a determination 2. The answering of one of those three demands is the answering of all for if the sole indiction belong to his Majestie there needeth no question about the negative voice and dissolving of Assemblies Next if his Majestie hath a negative voice there needeth no question anent the indiction and dissolving and if his Majestie may discharge the Assemblie there needes no question about the other two For our parts we humbly acknowledge that the Kings Majestie hath power to indict the Assemblies of the Kirk and when in his wisedome he thinkes convenient he may use his authoritie in conveening Assemblies of all sorts whether generall or particular Wee acknowledge also that the solemne and publick indiction by way of Proclamation and compulsion belongeth properly to the Magistrate and can neither bee given to the Pope nor to any forraigne power nor can it without usurpation bee claymed by any of his Majesties subjects But wee will never thinke that his Majestie meaneth that in the case of extream or urgent necessitie the Kirk may not by her self conveene continue and give out her own constitutions for the preservation of Religion 1. Because God hath given power to the Kirk to conveene The Sonne of God hath promised his assistance to them being conveened and the Christian Kirk hath in all ages used this as the ordinary and necessary meane for uniforme establishing of Religion and Pietie and for removing of the evills of heresie scandals others of that kind which must be and would bring the Kirk to be no more if by this powerfull remedie they were not cured and prevented 2. According to this divine right the Kirk of Scotland hath keeped her Generall Assemblies with a blessing from Heaven for while our Assemblies continued in strength the doctrine worship and discipline the unitie and peace of the Kirk continued in vigour Pietie and Learning were advanced and profanitie and idlenesse censured 3. The Kirk of Scotland hath declared that all Ecclesiasticall Assemblies have power to conveene lawfully together for treating of things concerning the Kirk and pertaining to their charge and to appoint times and places to that effect 4. The libertie of this Kirk for holding Assemblies is also acknowledged by Parliament and ratified by acts thereof which is manifest by the act of Parliament holden in anno 1592. and that upon the ground of perpetuall reason 5. Because there is no ground either by act of Assembly or Parliament or any preceeding practise whether in the Christian Kirk of old or in our Kirk since the reformation whereby the Kings Majestie may dissolve the Generall assembly or assume unto himselfe a negative voyce but upon the contrary his Majesties prerogative is declared by act of Parliament to be nowayes prejudiciall to the priviledges and Liberties which God hath granted to the spirituall office-bearers of his Kirk which are most frequently ratified in Parliament and especially in the Parliament last holden by his Majestie 6. By this meane the whole frame of Religion and Kirk Jurisdiction shall depend absolutely upon the pleasure of the Prince whereas his Majestie hath declared by publick Proclamation in England that the Jurisdiction of Kirk men in their meetings and courts holden by them doeth not flow from his Majesties authoritie notwithstanding any act of Parliament which hath been made to the contrary but from themselves and their own power and that they hold their courts and meetings is their own name After much agitation and many consultations his Majesties Declaration touching the intended pacification was read to our Commissioners who upon their dislike and exceptions taken both at matter and expressions as contrary to our minds and prejudiciall to our cause did humbly remonstrat that the Declaration as it was conceived could not give satisfaction to us from whom they were sent His Majesty was graciously pleased to command some words to be deleted other words to be changed and many parts thereof were by verball promises and interpretation from his Majesties own mouth mitigated which in our estimation were equall to that which was written some of the Counsellours of England assuring our Commissioners that what was spoken and promised before men of honour and in the face of two Armies was no lesse certain and would no doubt be as really performed as if it had been written in capitall Letters which therefore were diligently observed carefully remembred and punctually related by our Commissioners at their delivering of his Majesties Declaration to us And without which wee nor could nor would have condescended and consented to the articles of the Declaration more then we could or
the Kings will or the good of the King and Kingdome It is here laid to our charge that the Subjects have been pressed by us to sweare and subscribe the acts of the Assembly at Glasgow but the truth is whatsoever was the power of the Kirk to presse that oath and subscription in an Ecclesiasticall way yet no man de facto was urged unto it Some prevaricators who would have cheated us have been refused but none have been pressed What is objected concerning that tumult of some people in Edinburgh against the Lord Thesaurer and others is answered before 9. Concerning the freedome of the Assembly at Edinburgh called by his Majesties authority It was acknowledged by his Majestie that what questions might arise about the matters members or manner of the Assemblie should be determined by the Assemby it self as the onelie proper judicature and his Majesties Commissioner in his name did openly consent to the constitution of the Assembly in all the members therof upon the sight of their Commissions All which were publickly read and to all the acts of the Assembly from the first to the last and particularly to the act August 17. Declaring the government of the Kirk by bishops to be contrair to the Confession of Faith and constitutions of this Kirk and to the act which declared some former Assemblies to be null amongst many other reasons upon this ground that Prelats without any warrant from the Kirk were admitted to be members thereof Yet there be here two pretexts alleadged against the freedome of the Assembly at Edinburgh the one untrue de facto for no such wayes were used before the Assembly nor any such thing objected by his Majesties Commissioner in the Assembly the other unjust de jure that the prelats were not admitted to be members of the Assembly although at the time of the treatie his Majestie did not expâ—ct that they should be admitted and yet resolved to grant a free Assembly By which it is now too manifest what his Majesties minde is both of the late Assembly at Edinburgh which yet was called by his Majesties authoritie and countenanced by his Commissioner and of Episcopacie although removed out of this Kirk by the consent of his Majesties Commissioner And by which every man may easily judge whether the matters of Religion and the Kirk be settled and secured as is pretended by our adversaries going about to work division This is the prevailing power of our enemies without respect to the Kings honour or to common truth and honesty that what was done before by his Majesties consent may be undone and that the pacification no more have place but all may be involved in a bloudy warre The ground of pacification was a free Assembly and Parliament Now the one although peaceably closed is denied to be free and the other is hereby declared to be unprofitable for the good of the Kirk 10. The distinction made by the writer of the Declaration of Traitours to God and to the Countrey upon the one side and Traitours to the King on the other side deserveth no thanks from the King nor approbation from any good and wise Subject It is evil policie and worse divinitie for Traitours to God and their Countrey must be Traitours to the King and such as are faithfull to God and the Countrey must be the Kings best Subjects He is the greatest Traitour who laboureth to divide the three whom the first hath so nearly joyned The right of his Majesties Crowne and the acts of Parliament command all the Subjects to rise with their King and to assist him when heriseth for God and the Countrey But no right nor act of Parliament forbiddeth to stand for God and the Countrey in the case of publick invasion To strike upon this string were to fall in the fault which we have even now reproved and will never fill the ears of the King and the Subject with a pleasant hermonie We onely declare that what soever have been the merits of those who have gone out from us and have wrought division between the King and the Countrey we neither have pretended nor have threatned to proceed with censures against them their complaints arise not from us but from their own fears and furies within which begin to waken and vex them 11 It was farre from our thoughts to usurpe any part of his Majesties royall power in discharging the attendance of his Majesties Subjects at the Session which wee never did call in question we did onely in such an exigent and extreamitie modestly protest for indemnitie if any sentence should passe against us for whom it was impossible to attend as is evident by the words of the Protestation it self as followeth ANd seeing the Session is now appointed to sit down which tendeth to the prejudice of his Majesties Subjects who lately have been so busied in their preparations for the defence of the Religion and countrey that they are now necessarily retired to their own dwellings for settling of their privat affaires that they cannot be tymously advertised to attend any Law-businesse without greater prejudice then benefite and that the best part of the Lieges have so secured their Evidents that the samine cannot bee in readinesse in this short time of Session Therefore and in respect the down-sitting of the Session now cannot be otherwayes intimate unto them but upon fourty dayes whereas there are onely twenty dayes to runne after the appointed day of this meeting Wee protest that all members of the Colledge of Justice and all his Majesties Lieges are in bona fiae not to attend this Session but that all acts sentences decreets and inter-loquutors to be given and pronounced against them if any shal be are in the selfe null voyde and ineffectuall suchlike as if the samine had never been given nor pronounced and protest for remeed of Law against the samine and every one of them Having now the second time cleared our proceedings of unjust imputations and our deportments of ingratitude and insolencie the order of the Declaration draweth us on immediatly to the proceedings of the Parliament which we will follow how soon we have truly represented some of our proceedings in the Assembly indicted by his Majestie and holden at Edinburgh August 12. 1640. All which are past in silence by the Declaration but in so far as they are taxed by the way in the ninth pretended breach but cannot be praetermitted by us because they are the greater and more substantiall part of our proceedings which we desire may be known to all men And because a free Assembly was at first the one half of our humble desires and since the closing of the Assembly the securing of our Religion and the adding of the civill sanction in Parliament to the acts of the Assembly hath been the greatest thing that we have petitioned for obtaining whereof the Commissioners of the Generall Assembly did attend the Parliament after the sitting thereof Some few of many are here
other in the next and ninth Session by their writs given in to the assembly that they had deep sorrow for exercing the office of Episcopacie in the Diocesse of Orknay and Dunkeld against the word of God the confession of faith and constitutions of this Kirk for which they earnestly called for mercy from God and that they renounced that office in all time coming as is expressed at large in their poenitentiall bills put upon record in the books of the assembly From this assembly there were two Supplications directed one to his Majesties Commissioner against a book called A Large Declaration concerning the late tumults in SCOTLAND After it was examined by the appointment of the assembly and found to be dishonorable to God and his true Religion to this Kirk and Kingdome and diverse eminent persons in the Kirk and Kingdome and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions All which tend after a speciall manner to the dishonour of the Kings Majesty our dread Soveraigne and of his Majesties high Commissioner the Marques of Hammiltoun upon whom it is unjustly fathered as is contained at length and particularly in the censure of the book registrat in the records of the assembly which were long here to put in print and therefore we have only insert the Supplication The Supplication of the Generall Assembly to his Majesties Commissioner against a book called A large Declaration WEE the Members of this present Assembly for our selves and in name of the severall Presbyteries Burghes and Universities for which we are Commissioners Resenting the great dishonour done to God our King this Kirk whole Kingdome by the book called a large Declaration have heere represented the same to your Grace and have collected some amongst many of its absurd and grosse passages That from the consideration thereof your Grace perceiving the intollerable evills foresaids contained therein may be pleased to represent the same to our gracious Soveraigne and in our behalse humbly to beseech his Majestie so much wronged by the many foull and false relations suggested and perswaded to him as trueths and by stealing the protection of his Royall name and authoritie to the patrocinie of such a book To be pleased first to call in the said book and thereby to shew his dislike thereof Next to give commission and warrant to cite all such parties as are either knowne or suspect to have had hand in it and to appoint such as his Majestie knowes to bee either authors informers or any wayes accessarie being Natives of this Kingdome To be sent hither to abyde their tryall and censure before the Judge ordinary And in speciall Master Walter Balcanquell now Deane of Durhame who is knowne and hath professed to bee the author at least avower and maintainer of a great part thereof That by their exemplar punishment others may bee deterred from such dangerous courses as in such a way to raise sedition betwixt the King and his Subjects Gods honour may be vindicate from so high contempt his Majesties Justice may appeare not onely in censuring such malefactours but in discouraging all such under-myners of his Throne his loyall and loving Subjects shall be infinitely contented to bee cleared before the world of so false and unjust imputations and will live hereafter in the greater security when so dangerous a course of sedition is prevented And so will have the greater and greater cause to pray for his Majesties long and prosperous reigne The Supplication was received by his Majesties Commissioner and read in Councell and promise was given to impart the same to his Majesty and to return his Majesties answer Another Supplication was directed from the assembly to his Majesties Commissioner and the Lords of Secret Councell concerning the subseriving of the Covenant which together with the acts of Councell and assembly ordaining the same to be universally subscribed and with the Lord Commissioners particular declarations touching the act August 17. and touching the subscribing of the Covenant we have now from the Registers of the Kirk put in print that all men knowing our proceedings may have their scruples removed and may with equall judgment consider how far we are wronged The Supplication of the Generall Assembly to his Majesties Commissioner and Lords of Secret Councell WEE the Generall Assembly considering with all humble and thankfull acknowledgement the many recent favours bestowed upon us by his Majestie and that there resteth nothing for crowning of his Majesties incomparable goodnesse towards us but that all the members of this Church and Kingdome be joyned in one and the same Confession and Covenant with God with the Kings Majestie and amongst our selves and conceiving the maine lett and impediment of this so good a worke and so much wished by all to have been the informations made to his Majestie of our intentions to shake off civill and duetifull obedience due to Soveraignity and to diminish the Kings greatnesse and authoritie and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an union and for clearing of our loyaltie We in our own names and in name of all the rest of the Subjects and Congregations whom we represent do now in all humilitie remonstrat to your Grace his Majesties Commissioner and to the Lords of his Majesties most honourable privie Councell and declares before God and the World that wee never had not have any thought of with-drawing ourselves from that humble and duetifull subjection and obedience to his Majestie to his government which by the descent and under the reigne of 107. Kings is most chearfully acknowledged by us and our Predecessours And that wee never had nor have any intention or desire to attempt any thing that may tend to the dishonour of God or the diminution of the Kings greatnes and authoritie But on the contrair acknowledging our quietnes stabilitie and happinesse to depend upon the safetie of the Kings Majesties person and maintenance of his greatnes and Royall authoritie as Gods Vice-gerent set over us for the maintenance of Religion and ministration of Justice Wee have solemnely sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion and to the uttermost of our power with our meanes and lifes to stand to the defence of our dread Soveraigne his person and authority in the preservation and defence of the said true Religion Liberties and Lawes of this Church and Kingdome But also in every cause which may concerne his Majesties honour shall according to the Lawes of this Kingdome and the duetie of good Subjects concurre with our friends and followers in quiet manner or in armes as wee shall be requyred of his Majestie his Councell or any having his authority and therefore being most desirous to clear our selves of all imputations of this kind and following the laudable example of our
Majesties high Commissioner and the honourable Estates of Parliament by their authority To ratifie and enjoyne the same under all civill paines which will tend to the glory of God preservation of Religion the Kings Majesties honour and perfect peace of this Kirk and Kingdome Those and other Ecclesiasticall matters being debated and with the approbation and consent of his Majesties Commissioner peaceably determined in the Assembly We found our selves bound to render thanks to God for his great mercy and to the Kings Majesty for his Royall favour to this Kirk and Kingdome fearing nothing lesse then the challenge of insolencie or sedition and filled with hope that the Parliament now approaching should ratifie what was universally and with the lyking of his Majesties Commissioner concluded in the Assembly The Assembly gave thanks for what they had received and petitioned again What was promised by his Majesty and certainly expected by all his Majesties Subjects This thankesgiving and petition delivered to his Majesty by our Commissioners was in this manner MOST GRACIOUS SOVERAIGNE WE your Majesties most humble and loyall subjects the Commissioners from all the parts of this your Majesties ancient and native Kingdome and members of the Nationall Assembly conveened at Edinburgh by your Majesties speciall indiction and honoured with the presence of your Majesties high Commissioner Have been waiting for a day of rejoycing and of solemne thanksgiving to be rendred to God by this whole Kirk and Kingdome for giving us a King so just and religious that it is not onely lawfull for us to be Christians under your Majesties government which sometime hath beene the greatest praise of great Princes But also that it hath pleased your gracious Majesty to make knowne That it is your Royall will and pleasure that all matters Ecclesiasticall be determined in free National Assemblies and matters civill in Parliaments which is a most noble and ample expression of your Majesties Justice and we trust shall be a powerfull meane of our common happinesse under your Majesties most blessed reigne In the meane while wee doe most humbly upon the knees of our hearts blesse your Majesty for that happinesse already begun in the late Assembly at Edinburgh in the proceedings whereof next under God we have laboured to approve our selves unto your Majesties Vicegerent as if your Majesties eyes had been upon us which was the desire of our soules and would have been the matter of our full rejoycing and doe still continue your Majesties most humble Supplicants for your Majesties civill sanction and ratification of the constitutions of the Assembly in Parliament that your Majesties Princely power and the Ecclesiasticall authority joyning in one the mutuall embracements of Religion and Justice of truth and peace may be seene in this Land which shall be to us as a resurrection from the dead And shall make us being not onely so far recovered but also revived to fill Heaven and earth with our praises And to pray that King CHARLES may bee more and more blessed and his Throne established before the Lord for ever By which it may appeare that we were not unthankfull for his Majesties Justice and goodnesse that we were not conscient to our selves of any wilfull breach and that therefore we were confident of the crowning of the Work in Parliament wherein what our carrtage was will now be made manifest by the relation and proceedings of our Commissioners sent from the Parliament to the King against all that hath been or can be imputed unto us In the mean time remembring that we are a Kingdome and that they are but one subject or two who informe against us A Kingdome conveened in Parliament which can best judge what is most conducible for our selves and the collective Body which we represent and a Kingdome living under our own native King in whom we have as great interest as a Kingdome can have in their King and whom we desire to honour we cannot dissemble our grief but are forced to complain that in our own Nationall affaires we have not greater credence regard and power with his Majesty then all others whatsoever But this is one evill amongst many that presseth us sore through the want of his Majesties Royall presence amongst us which we trust will move his Majesty in his fatherly affection to be the more tender and all others remembring themselves to be the more equall in their judgment and actions toward us ONe thing there is very necessary to be remembred before we come to the proceedings of our Commissioners sent from the Parliament to the King A paper bearing some reasons to prove that in commanding to swear the Covenant 1580 and 1581. his Majesty that then was and his Councell did not intend the abjuration of Episcopacie This paper although it be come to few hands before this time yet was it much esteemed by the Author and therefore was put in his Majesties owne hand and by his Majesty sent to one of our Ministers as a strong hold and impregnable strength for Episcopacie against all that had been done in the Assembly at Glasgow or was intended in the ensuing Assembly and Parliament It seemeth indeed to be the last endeavour and assay of our adversaries in that kind from no small knowledge of the proceedings of this Kirk in former times and with no lesse artifice and engine set on worke wherein they will outstrip all that hath been written in the large Declaration as insisting on things childish and triviall in comparison of this fine and subtill invention never brought to light before This last breath of Episcopacie expiring in this Kirk and giving up the ghost we judged it not convenient to conceale But have set it downe heere with a solide and modest answer written at that time when the paper came to our hands and intended to remoove the scruple out of his Majesties minde and to show the Author his owne errour if it had been of simplicitie or if it be wilfull to convince him the more That in commanding to sweare the Covenant 80. and 81. His Majesty that then was and his Councell did not intend the abjuration of Episcopacie BEcause but ten yeares before viz. In 71. there was a solemne agreement made between the Commissioners of his Majesties Councell and the Commissioners of the Generall Assembly of the Kirk That during the Kings minoritie or without a contrary order from Parliament Arch bishops and Bishops should continue as before they did And that in every Metropoliticall and Episcopall See there should be a Deane and a Chapter and that the bounds of Dioceses should not be confounded Nay there was an exact Forme at that time set down by the said severall Commissioners and regâ—stred in the bookes of Councell for the creating of Bishops after a Protestant manner viz. by Conge deslire to the Deane and Chapter then a forme of returning the election with petition to the King for his Royall assent with commandement to the Arch-Bishop c.
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
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
it unlawfull by the Law of God and man to call for help from God and man Is there no help nor assistance by intercession by supply of money c Is all assistance by the sword and by men Is all imploring of assistance an argument of subjection unto the assistant May not friends and equalls assist as well as superiors Shall it be thought that diverse Princes and Estates sued unto for help are all invited to be rulers and governours over one and the same people We love not shrouds nor disguisements we speak the plain truth and feare nothing so much as that truth be not known We never had intention to preferre any forrain power to our native King whom God hath set over us We love not our selves or the English Nation so little as to raise up any wall of partition between them and us The Proclamation at that time as may be seen in our last Remonstrancepag 34. was without example Great forces by sea and land were coming upon us Informations went abroad in other nations to the prejudice of us and our Cause This made us to resolve to write unto the French King apprehending that upon sinister relation his power might be used against us as may be seen in our Instruction printed in our Remonstrance pag. 37. What kind of assistance we called for whether of men or mediation may be best known by the Commentary of our Letter our Instructions which are ready to be seen and are signed also by the Lord Lowdouns hand now in prison and therefore if we should need to say it not falsified without subjection or soveraignitie of either of the Nations Scotland or France Aide and assistance hath been given in former times If we had called at that time or have called now in the return of our troubles upon Denmark Holland Sweden Poland or other Nations for help are we therefore inviting them all to soveraignitie over us And when all is said or done the Letter was but an Embrio for saken in the birth as containing some unfit expressions and not agreeable to our Instructions and therefore slighted by the Subscribers but catched for some great advantage by this treacherous and secret accuser of the Kingdome Another Letter was formed consonant to the Instructions and signed by many hands But neither was this sent from us although some invent or imagine that it was intercepted by the way to France would be but late to avert the danger which was so neere The Letter it self carieth two tokens that is was unperfected one that it wanteth a date another that it beareth no superscription from us Both these are craftily turned against us The blank date hath made our enemies to number this Letter amongst our pretended faults committed after the Parliament where as it is universally known that it was written in May 1639. before our marching to the Border and therefore ought to have been buried in the pacification This is well known to the Commissioner who talked of it before his going to England was occasionally made known to some of quality in his Majesties Camp The want of the superscription hath made them to indorse it Au Roy a title say they used by the subjects of that Kingdome to their own Prince only But we affirme that the Letter was neither sealed folded nor written on the back by us or by our knowledge we hold it but a poore argument ground of accusation against the French or Dutch supplicating or writing to our King if they should say To the King every King being the King in his own Dominions We love not to harp more upon subscribing superscribing or sending of letters to other Princes to the Pope himself from examples of old of late which are not hid from the eyes of the world It is sufficient to us to have justified our selves to show how innocently the Lord Lowdoun suffereth for putting his hand to such a Letter the guiltines or innocencie here not being personall or proper to the Lord Lowdoun but nationall and common to us all And although it had been a fault his alone yet what soever it was it did in time for along time go before his cōmission imployment therfore ought not to have bin challenged till he had returned to his country unclothed himself of his commission turned again to be what he was a privat Nobleman The dignity safety of nations kingdomes Estates Republicks are much interessed in their Cōmissioners Legats whether they be sent from one Prince to another or from a kingdom province or republick to their own Prince Their dignity for what is done to the Legat is interpreted to be done to them that sent him their safety because if Legats be wronged there can be no more composing of differences nor possibility of Reconciliation which is the ground of the Law of Nations whose being consists in their honour and safety and therefore it will have no Legat to be accused during his Legation for any thing committed by him befor it It commands Legats to be free even from the inferiour Law of Reprisall and doeth reckon these to be the excellent effects which it produceth in all places where it is obeyed Religion to God Pietie toward our Countrey propulsation of injurie keeping of faith and that Legats be inviolable And although there were not such a Law of Nations yet his Majesties own roy all and inviolable warrant for the coming of our Commissioners to his presence at this time is enough for their safe conduct and security If they have committed any thing at home against their King Countrey or any particular subject the fundamentall Liberties and indepencie of the Kingdome and the practises of the former times since 1603. not onely in the persons of Noblemen but of others of mean quality doe require that they be tryed and judged at home in a Legall way by the ordinary Judicatories of the Land How many bloody warres and what horrible calamities have ensued upon this transgression of the Law of Nations we leave to be remembred from the Records of history and earnestly intreat for their liberty and safety who are to us as our selves When the wittinesse and malice of our adversaries are vented to the uttermost against all our proceedings since the pacification for things done before on either side ought not to be remembred not that we fear a new try all but because they are unty mous and impertinent By that which we have said and represented the unpartiall and such as are not praepossessed will find that till the peaceable ending of the Assembly and the proroguing of the Parliament not onely the bonds of piety to God loyaltie to our King and zeal to be approved of our neighbours but our desire our care and hope that all should end in a setled peace did oblige and tye us to bear many injuries to construct all so far as was possible to the better