REASONS AND GROUNDS of our humble desires.

WEE doe first humbly desire a ratification of the acts of the late Assembly in the ensuing Parliament.

• 1. Because the civill power is the keeper of both Tables, and whereas the Kirk and Kingdome are one body, consisting of the same members, there can be no firme peace nor stabilitie of order, unlesse the Ministers of the Kirk in their way presse the obe­dience of the civill Lawes and Magistrat, and the civill power adde their sanction and authoritie to the con­stitutions of the Kirk.
• 2. Because the late Generall As­sembly, indicted by his Majestie, was lawfully consti­tute in all the members thereof, according to the con­stitutions and order prescribed by acts of former As­semblies.
• Thirdly, because no particular is enacted in the late Assemblie, which is not grounded upon the act of preceeding Assemblies: And is either expressely contained in them, or by necessary consequence may be deduced from them, That the Parliament be keeped without prorogation, his Majestie knowes how neces­sary it is, since the peace of the Kirk and Kingdome call for it without longer delay.

Wee did 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 [Page 12]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.

Some few of the many reasons given for staying the Noblemen and others named by his Majesty from repairing at this time to the Court at Barwicke.

1. HIs Majesty hath not been in use at any time of the greatest securitie to call any of his Majesties Subjects out of the Kingdome after this sort: At this time then which is so full of feares, to call for so many of such Noblemen, without any warrant or command sent to themselves, it seemes to us strange, and may we not say, was ever his Majesty, or his Royall Father wont to do so unto us, since their going to England unto this day? Although his Majesties Declaration at Dunce, contrair to our mind and merit, did call the late Assem­bly, a pretended Assembly, our humble and loyall pro­ceedings, disorders; our courses, disagreeable to Mo­narchicall governement; and did threaten us with the terrours of his Majesties wrath; yet our desire is to live a quiet and peaceable life under his Majesties governe­ment, and our zeale to his Majesties honour, although with some aspersion put upon our selves before the world, moved us to receive them, because of diverse gracious expressions related from his Majesties mouth by our Commissioners, which we did gladly heare, and did note diligently for our own content, and that wee might be able to satisfie others, and without which, the articles of pacification had never served for the begin­ning of peace; yet we now understand, that all, or the greater part of these verball expressions are denyed, which makes our hopes to waver, giveth us great cause [Page 22]of Jealousie and suspition, and moveth us to call in que­stion all other reports made to us from his Majesty.

2. His Majestie knoweth, that what is so instantly pressed at this time, was none of the articles agreed u­pon at that time. And if beside the restitution of goods, the rendring of the Castles, the dissolving of the Army; It had then been required that those fourteen should be sent to the Camp, or to Barwicke, the condition had beene harder then that wee could have yeelded unto it.

3. Because we cannot judge the intentions of minds, and disposition of hearts, but by that which we heare with our eares, and doeth appeare in action. We desire to be considered, that all expressions of favour are put upon our adversaries, they esteemed and called his Ma­jesties good Subjects; and their practises, his Maje­sties service; Upon the contrair, whole volumes are spred, and even since the treatie put in all hands against us, not onely stuffed with such reproaches against al­most the whole Kingdome, and particularly against the persons now sent for: That it were a dishonour to the King to have such a Kingdome, and a shame to bee set over such subjects as we are descryved to bee; But also containing threatnings and vowes of exemplar pu­nishment upon such as they are reported to be: That the troubles of the Northerne parts of the Kingdome are not as yet ceased: That Garrisons are kept at Bar­wick: and other places of the borders: That the Castle of Edinburgh is fortified, and furnished above any thing that hath been heard of at any time before: That some cruell and bloody words against the Scottish Lords have been over-heard in Barwick: and, which we could not have beleeved, but that it is testified by [Page 23]so many Letters sent hither; That our friends and Countreymen not onely in Ireland, but even now in England, are not only stopped in their trade, but casten in prison for the modest refusing to take oathes con­trair to their oath and Covenant, which they have sworne in their own Countrey: a violence not used be­fore the treatie of peace, contrair to the Law of Nati­ons, to the rule of common equitie, of doing that to o­thers, which we would they should doe unto us, and to the articles of pacification agreed upon with his Ma­jestie.

These and other the like considerations doe so work upon us, that for the present except we doe against our own hearts, and deny our owne sense, wee cannot give way to so eminent persons to repair to Barwick, which we trust his Majestie neither will interpret to be diso­bedience, nor diffidencie, since we have been all carefull to see all the conditions performed to the uttermost on our part. and there is not one of that number, nor of us all, but shall bee ready for our owne parts, to give the most ample testimony of our obedience to his Maje­sties commandements, and of our confidence in his Ma­jesties Justice and goodnesse, as his Majestie shall real­ly find, and experience at his coming, and during his a­bode in the Kingdome: For wee are assured what hath been committed by any since the begunne pacification, contrair to any of the articles thereof, hath proceeded from the disposition of wicked instruments about his Majestie, who are enemies of his Majesties honour, and our peace, and have been the authors of all our wofull divisions, which we beseech the Lord to put to an end, by an happy and everlasting peace.

Information against all mistaking of his Majesties Declaration.

LEst his Majesties Declaration of the date 18 June, containing the answer to our humble desires pre­sented by our Commissioners, should bee either mis­taken by the well affected, or wilfully misconstrued by the malicious, whereby his Majesties justice and goodnesse may be concealed, or his Majesties good Subjects may appeare to have done or admitted any point contrair to their solemne oath and Covenant. The Generall, Noblemen, Barons, Burgesses, Ministers, and Officers, conveened at Dunce before the dissolving of the Armie, have thought necessarie to put in writ, what was related to them by the Commissioners from his Majestie: To wit, that as his Majestie declared that he could not acknowledge nor approve the late gene­rall Assembly at Glasgow; for which cause it is called in his Majesties Declaration, A pretended Assembly: So was it not his Majesties minde, that any of the pe­titioners by their acceptance of the said Declaration should be thought to disapprove or part from the same, or condemne their owne proceedings as disorders and disobedient courses; And therefore as they do intreat all his Majesties good Subjects, with most submissive and heartie thanksgiving, to acknowledge and con­fesse his Majesties favour, in indicting a free Assembly [Page 33]to be keeped August 6. and a Parliament August 20. for ratifying of what shall be concluded in the Assem­bly, as the proper and most powerfull means to settle this Kirk and Kingdome: So would they have all his Majesties Subjects to know, that by accepting the said Declaration, and articles of pacification joyned ther­with, they did not in any sort or degree disclaime or disavow the said Assembly, but that they still stand oblidged to adhere thereunto, and to obey and main­tain the same; and for preventing all mistaking and misconstruction, that so much be made known to all persons, and in all places, where his Majesties declara­tion shall be published, which as it is his Majesties own minde expressed diverse times to our Commis­sioners; so are we assured, that it will serve much for his Majesties honour, for the satisfaction of the god­ly, and for the promoving of this blessed pacification, for which all of us ought earnestly to pray to God, to remember also our late oath, and Covenant, and to walk worthie of it: And to beseech the Lord that by the approaching Assembly and Parliament, Religion and righteousnesse may be established in the land.

THe Kings Majestie having graciously declared, that it is his Royall will and pleasure, that all questions about Religion, and matters Ecclesiastical, be determi­ned by the Assemblies of the Kirk, having also by pub­lick Proclamation, indicted this free Nationall Assem­bly, for settling the present distractions of this Kirk, and for establishing a perfect peace against such divisi­ons and disorders as have been sore displeasing to his Majesty, and grievous to all his good Subjects. And now his Majesties Commissioner, John Earle of Tra­quair, instructed and authorized with a full Commis­sion, being present and sitting in this Assembly now fully conveened, and orderly constitute in all the mem­bers thereof, according to the order of this Kirk, ha­ving at large declared his Majesties zeale to the refor­med Religion, and his Royall care and tender affection to this Kirk, where his Majestie had both his birth and Baptisme, his great displeasure at the manifold distra­ctions and divisions of this Kirk and Kingdome, and his desires to have all our wounds perfectly cured with a fair and fatherly hand. And although in the way approved by this Kirk, tryall hath been taken in for­mer Assemblies before, from the Kirk Registers, to our full satisfaction; yet the Commissioners Grace, making particular inquyrie from the members of the Assembly, now solemnely conveened concerning the true and reall causes of so many and great evills, as this time past, had so sore troubled the peace of this Kirk and Kingdome. It was represented to his Maje­sties Commissioner by this Assembly, that beside ma­ny other, The maine and most materiall causes were, [Page 43] First, the pressing of this Kirk by Prelats, with a Ser­vice booke, or booke of Common prayer, without direction or warrant from the Kirk, and containing beside the Popish frame thereof, diverse Popish errors and ceremonies, and the seeds of manifold grosse su­perstitions and idolatry, with a book of Canons, with­out warrant or direction from the Generall Assembly, establishing a tyrannicall power over the Kirk, in the person of Bishops, and over-throwing the whole dis­cipline and governement of the Kirk by Assemblies, With a book of consecration and ordination, without warrant of authoritie Civill or Ecclesiasticall, appoin­ting offices in the house of God, which are not warran­ted by the word of God, and repugnant to the disci­pline and acts of our Kirk, and with the high Commis­sion, erected without the consent of this Kirk, subver­ting the Jurisdiction and ordinary Judicatories of this Kirk, and giving to persons meerely Ecclesiasticall, the power of both swords, and to persons meerely Civill, the power of the keyes and Kirk censures. A second cause was the articles of Perth, viz. the observation of Festivall dayes, kneeling at the Communion, confir­mation, administration of the Sacraments in private places, which were brought in by a null Assembly, and are contrary to the Confession of Faith, as it was meant and subscribed anno 1580. and diverse times since, and to the order and constitution of this Kirk. Thirdly, the change of the governement of the Kirk from the Assemblies of the Kirk; to the persons of some Kirk-men, usurping prioritie and power over their brethren, by the way, and under the name of Epis­copall governement, against the Confession of Faith 1580. against the order set down in the booke of Po­licie, [Page 44]and against the intention and constitution of this Kirk from the beginning. Fourthly, the civill places and power of Kirkmen, their sitting in Ses­sion, Councell and Exchequer, their ryding, sitting and voycing in Parliament, and their sitting on the bench as Justices of Peace, which according to the constitutions of this Kirk, are incompatible with their spirituall function, lift them up above their brethren in worldly pompe, and do tend to the hinderance of the Ministery. Fifthly, the keeping and authorizing cor­rupt Assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Androes 1617. At Perth 1618. which are null and unlawfull, as being called and constitute quite contrair to the or­der and constitution of this Kirk, received and practi­sed ever since the Reformation of Religion, and withal labouring to introduce novations into this Kirk, a­gainst the order and Religion established.

A sixt cause, is the want of lawfull and free Assem­blies, rightly constitute of Pastours, Doctors and El­ders yeerely, or oftener prorenata, according to the libertie of this Kirk expressed in the booke of Policie, and acknowledged in the act of Parliament 1592.

After which, the whole assembly in one heart and voice, did declare, that these and such other, procee­ding from the neglect and breach of the Nationall Co­venant of this Kirk and Kingdome, made anno 1580, have been indeed the true and maine causes of all our evils and distractions. And therefore ordaine, accor­ding to the constitutions of the generall assemblies of this Kirk, and upon the grounds respectivê above-spe­cified. That the foresaid service-booke, bookes of Canons and Ordination, and the high Commission be [Page 45]still rejected. That the articles of Perth bee no more practised; That Episcopall governement, and the ci­vill places and power of Kirk-men be holden still as unlawfull in this Kirk, That the above-named preten­ded assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Andrewes 1617. At Perth 1618. bee heereafter accompted, as null and of none effect. And that for preservation of Religion, and preventing all such evils in time coming, Generall assemblies rightly constitute, as the proper and competent Judge of all matters Ecclesiasticall, heereafter be keeped yearly and oftener prorenata, as occasion and necessitie shall require: The necessitie of the occasionall Assemblies being first remonstrate to his Majestie by humble Supplication. As also that Kirk Sessions, Presbyteries, and Synodall Assemblies be constitute and observed according to the order of this Kirk.

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 above­written, 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 [Page 51]by all his Majesties Subjects of this Kingdome, of what rank and qualitie soever.

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 reg [...]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. for consecration, then the Oath the new Bishop was to take before his Majesty, viz. That he ac­knowledged the Kings Majestie Supreame Governour of his Realme, as well in things Temporall, as in the conserva­tion, and purgation of Religion (which differs in wordes from the English Oath of Supremacie, but is in sense the same) And that he held the said Bishoprick, and the possessions thereof under God onely of his Majesties Crown &c. Lastly, there was a forme concluded on, for his restitution to his Temporalities.

Now this agreement was in precise tearmes confir­med [Page 59]by his Majestie and Councell in that selfe same yeere 81. when that Covenant was commanded by them to be sworne by the Subject. So that it cannot be conceived, that his Majesty and Councell should in the same yeere give order to sweare downe Episcopacie, wherein they apparantly took such speciall care to confirme it. And no honest man will deny that the sub­ject was bound to sweare that Covenant in that sense, and none other, which was agreeable to their intenti­ons who commanded it to be sworne.

It is objected that under those words ( Wee abjure, &c. The Popes wicked Hierarchie) Episcopacie is sworn downe.

R. If by those wordes they will over-throw Epi­scopacie, I see not but withall they must be forced to confesse, that they have at once abjured both their Presbyters and their Deacons.

For the Councell of Trent makes the Hierarchie of the Church to consist of those three Orders; Bishops, Presbyters, and Deacons. Now, if under the word Hierarchie, one of these be sworne down, how can the other two escape? for it consists alike of three, and therefore all three must needes runne the same for­tune.

If they reply, that indeed they still retaine Presbyters and Deacons, but yet so onely as they are ordained in the reformed Churches.

R. The like I reply for Bishops, that they were then ordained in a forme allowed by reformed Churches, as this in substance was by the Church of England, and in precise tearmes by the Commissioners of the Church of Scotland. For it is not probable, that in ten yeeres space, there should bee no Bishoprick voyde, and so [Page 60]none ordained according to the forme in the Councell Bookes. Nay, it is apparently plaine, that some were so ordained, and took that fore-named Oath, viz. John Archbishop of Saint Andrewes in the yeere 72. and James Bishop of Dunkell in the yeere 73. as it is regi­stred in the books of Councell: where perhaps others are recorded too.

If they say, That the Scottish Bishops must needes be part of the Popes Hierarchy, because they succeeded those, and received imposition of hands from those who lived in obedience to the Pope.

R. I againe reply, That their Presbyters are in the very same case: for, I presume they will not say, but they must needes derive their orders, either from Bi­shops of that obedience, or from Presbyters who were ordained by such Bishops. Because that seeing in the be­ginning of the Reformation, there were no other Cler­gie men in these parts, they must take their orders ei­ther from them, or none; for I perswade my self, they will not affirme, That non Presbyter can ordinare Pres­byterum. Nay as they are learned men, they should not say, but that a Priest ordained by the new Roman Church, if he leave his superstition, and turne Prote­stant, needes no more ordination to become a Presby­ter with us.

But what then must be the meaning of those words, That they abjure the Popes wicked Hierarchy?

R. As I conceive, the sense of them is plaine from a precedent clause in that Covenant, viz. (that they abjure the Popes five bastard Sacraments) and yet I hope, they intended not to sweare out either Matrimony, or holy orders in generall (which yet are two, as all know, rec­koned by that Church amongst her five) but onely [Page 61]they abjured those corruptions and superstitious formes which the Romish Church had annexed to these divine Institutions: as in calling them Proper Sacraments.

So when they abjured his wicked Hierarchy, they did not sweare out Bishops, no more then they did Presby­ters or Deacons: But they abjured the corruptions and superstitious Con-comitants, which the Pope had annexed to those holy Callings. V.g. amongst many o­ther abuses, that Bishops were constrained to sweare such an obedience and dependence on the Pope, as was derogatorie to the supreame power of their owne na­tive Prince. So that then it was almost an impossible thing to be at once a stout Prelat, and a loyall subject. And suppose Bishops or Presbyters in this treasonable constitution, they were then (no doubt) in that point, the Popes wicked Hierarchy, as now they may be the Consistories.

All this, I the rather urge, because I conceive, that the acts of King and Councell are the best interpre­tors of that Covenant, because it was set on foot by au­thority of King and Councell: for Quis (que) optimus in­terpres sui.

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 [Page 6]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 [Page 7]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 Religion, our recourse must be onely to the GOD of [Page 8] Jacob for our refuge, who is Lord of Lords, and King of Kings, and by whom Kings doe reigne, and Princes decree Justice. And if in speaking thus, out of zeale to Religion, and the dutie we owe to our Countrey, and that charge which is laid upon us, any thing hath esca­ped us, sith it is spoken from the sinceritie of our hearts, wee fall down at your Majesties feet, humbly craving pardon for our freedome.

Having thus with your Majesties permission clear­ed the loyaltie of your Subjects. That wee may next shew the reason of their demands, and equitie of their proceedings in Parliament: We doe first crave, that if our answers cannot give plenarie satisfaction to the objections and exceptions, that shall bee made against their proceedings; That our not knowing of these ob­jections (albeit wee did often require your Majesties Commissioner to shew the same, that we might be the more able to give your Majestie content) yet being still concealed from us, and the Records and Registers of Parliament being kept up from us, may serve much for our excuse; and if any of the propositions, or ar­ticles sought or craved in Parliament, shall seem harsh at the first view, to these who know not our laws: That we do expect from them the judgment of chari­tie, who ought rather, nor passe rash censure on us, to professe ignorantiam & juris & facti alieni; and that they would distinguish betwixt the desires, and actions of a Parliament, who being conveened by royal au­thority, and honoured with your Majesty, or your Com­missioners presence, are makers of Laws, and against whom there is no law, and the actions of privat persons, against whom laws are made.

And as the desires of the Subjects are no other in the [Page 9]matter, but what they did humbly crave in their for­mer petitions, and are necessar for establishing of Re­ligion, and the good and peace of the Kingdome, which can never repugne to the Kings honour, and are agreeable to the articles of pacification; so in manner they are agreeable to the Lawes and practises of that Kingdome. And to condiscend more specially, all the articles given in, are either such as concern privat sub­jects, such as are for manufactories, trade of Merchants, & others of that kind, which doe not so much concern your Majestie or the publick, as the interest of privat men which are but minima, & de minimis non curat lex: Or they are publick acts, which do concerne Re­ligion, and liberties of the Kirk and Kingdome, as the ratifying the conclusions of the Assembly, the act of constitution of Parliament, the act of rescission, the act against poperie, and others of that kinde, wherein be­cause the Parliament knew that the eyes of the world were upon them; that hard constructions have beene made of their proceedings, and that malice is promp­ted for her obloquies, and waiteth on with open mouth to snatch at the smallest shadow of disrespect to your Majestie: That our proceedings may bee made odious to such as know them not, wee have endeavoured to walk with that tendernesse which becometh duetifull Subjects, who are desirous to limite themselves accord­ing to reason, and the rule of Law: For better under­standing whereof, we must distinguish betwixt regnum constituendum, and regnum constitutum; a Kingdome before it be settled, and a Kingdome which is establish­ed by Laws; wherein as good subjects esteeme it their greatest glorie to maintaine the honour, and lawfull authoritie of their King; so good Kings (as your Ma­jesties [Page 10]father of ever blessed memorie affirmes) hold­ing that maxime, That salus populi est supremalex, will be content to governe their Subjects, according to the Law of God, and fundamentall laws of their King­dome. Next we must distinguish betwixt the Kirk and State, betwixt the Ecclesiastick, and civil power, both which are materially one; yet formallie they are con­tradistinct in power, in jurisdiction, in laws, in bodies, in ends, in offices, and officers; and albeit the Kirk and Ecclesiastick Assemblies thereof, bee formally diffe­rent, and contradistinct from the Parliament and civill Judicatories, yet there is so strict and necessary a con­junction betwixt the Ecclesiastick, and civill jurisdi­ction, betwixt Religion and Justice: as the one cannot firmely subsist, and bee preserved without the other; And therefore like Hypocrites twinnes, they must stand and fall, live and die together, which made us in all our petitions to your Majestie, who is custos utriusque ta­bulae, to crave that as matters Ecclesiastick may be de­termined, by the generall and other Assemblies of the Kirk, and matters civill by Parliament: So specially to crave, that the sanction of civill law, should be ad­ded to the Ecclesiastick conclusions, and constitutions of the Kirk and her Assemblies, lest there should be any repugnance betwixt the Ecclesiastick and Civill laws: which your Majestie did graciously condescend unto. And your Majesties Commissio­ner representing your Majesties royall person and power in the generall Assembly, wherein all the Con­gregations and Parishes of Scotland are represented, after particular inquirie anent the true and reall causes of the evils, which do so much trouble the peace of that Kirk and Kingdome. Having found that the [Page 11]government of the Kirk by Bishops, and Civil places and power of Kirk-men, amongst other novations brought in that Kirk, were two main causes of these e­vils: And having consented, that Episcopacie bee re­moved out of the Kirk of Scotland, and that the Kirk be removed off the state; And declared all civill places and power of Kirk-men, to be unlawfull in that King­dome. And having ratified the Covenant, ordaining all the Subjects to subscribe the same with the generall Assemblies explanation, in that sense: and being oblidg­ed to ratifie the conclusions of the Assembly in Par­liament: It doth necessarly follow, that Bishops who usurped to be the Kirk, and did in name of the Kirk re­present the third estate; and Abbots, Priors, and all others who did represent the Kirk to bee taken away, which also by necessar consequence doth infer, that there bee an act of constitution of the Parliament without them, and an act for repealing the former laws, whereby the Kirk was declared the third estate, and Bishops did represent the Kirk, both which the Kirk hath now renounced and condemned: So that un­lesse the act of constitution of the Parliament, and act rescissorie passe, it is impossible either to have a valide Parliament, or to ratifie the conclusions of the Assem­blie: which your Majestie hath graciously condiscen­ded to performe, and which your Subjects are ob­lidged to maintain: neither doth the passing of these acts wrong the Kirk nor State, nor diminish your Ma­jesties princely power, and royall authoritie; not the Kirk, because she hath renunced and condemned that civill power and worldly pompe conferred upon her in time of Poperie, esteeming the same not to bee a priviledge, but a detriment incompatible with her spi­rituall [Page 12]nature, and as being repugnant to the doctrine, and discipline of that Kirk, & volenti non fit injuria; nor is the State wronged, because the whole Congre­gations of that Kingdome, being represented by their Commissioners from Presbitries in the generall As­semblie, hath given their consent to the desires and conclusions of the Kirk, have with allowance of your Majesties Commissioner, according to the ordinance of the generall Assembly, and Councel, sworne and subscribed the Confession of Faith, in that sense; and have alwayes been, and are your Majesties supplicants, That the Parliament may ratifie what the Assembly hath found, and concluded: Neither can wee beleeve that your Majestie (who we hear doth acknowledge Princes to be like shining stars, which have their splen­dor for the benefit of the world, and who esteemes the prosperitie, and welfare of your people, your greatest content, and the having of their hearts to bee your Majesties greatest security, which are the words of [...], and which your Majestie hath so well learned, that they are abridged in the inscription of their coyne, Presim ut prosim) will think, that the granting of that, which upon so good reason is so ear­nestly desired both by Kirk and State, to be any dimi­nution of your Majesties royall prerogative, and privi­ledge of your Crowne, which by our acts of Parlia­ment is defyned, to be that power which your Maje­stie hath over all estates and persons, and not any par­ticular interest more in one estate nor another; and which is competent and reciprocall to the King, and doth pertain to your Majestie inviolablie, and is no wayes contingent, separable, nor mutable, with the change of any of the Estates; but is that power which [Page 13]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.

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.

Protestation given in at the first prorogation of the Parliament, at least given into the Commissioner, to be represented to his Majestie.

Act desiring the power of articles.

New augmentation of customes, to bee discharged, and no custome nor imposition to be imposed hereaf­ter, but by advice of the Estates.

No change of the value of money or coynage there­of, but by advice of Parliament.

Book of rates to be revised by Parliament.

The Castles of Edinburgh, Dumbarian, and Stirling, to be intrusted onely to Natives, and these to be cho­sen from time to time, of honest men, by advice of the Estates.

Act anent the Judicatorie of Exchecquer.

AS our power and instructions from the Parliament, doe warrant us to show, that their proceedings and desires, are agreeable to the Lawes and practise of the Kingdome, and to the articles of pacification: So we are enjoyned particularly to answer all objections, which either were proponed, or which they conceived could be proponed against the acts and proceedings of the Parliament: And as concerning any other question which was not moved in Parliament, nor is against the articles and propositions given in to them; As the same did not fall within the consideration of the Parliament: So neither can it come within the compasse of our in­structions, as that whereunto wee have warrant to an­swer: It is also to bee understood, that the propositi­ons and acts given in to the articles, are not statutes, but are onely proponed and given in to them to be prepa­red for the Parliament, That the Parliament may en­act or refuse the same, as they shall find them expedient or inexpedient for the good of the Church and State: And as concerning the queree, anent the prorogation of the Parliament, we are warranted by our instructions and informations, to show, that the prorogation of Par­liaments of that Kingdome, once being conveened in plaine Parliament, and having chosen articles, or en­tred on actions; hath ever been done with consent of the three Estates, as may be seene in the reigne of King James 6. Queen Mary, K. Ja. 5. K. Ja. 4. K. Ja. 3. K. Ja. 2. K. Ja. 1. And so forth in all the printed and written Records of Parliament. And they are con­fident, [Page 18]that your Majestie will be graciously pleased, to keep that order and forme of prorogation of Parlia­ments, which all your most worthie and Royall Ante­cessours did. Neither did the Parliament expect, that your Majestie (who did graciously grant this Parlia­ment for establishing of Religion, ratifying the conclu­sions of the Assemblie, and settling the peace of the Kingdome; and hath accordingly given an ample power, under your Majesties broad Seale pro tentione & observatione Parliamenti, without any power or clause of prorogation or delay) would require this Parliament to be prorogued without consent of the E­states of Parliament; Till these things be performed which your Majestie was graciously pleased to con­descend unto.

Where it may be objected, That a Parliament was prorogued or continued, De mandato Regis: It is an­swered, That proves the denomination of the act to be taken from the King; But doth nowayes prove, that the act was made without consent of the Estates, more then that act of Parliament of K. Ja. 2. holden at E­dinburgh, the 28. of June 1450. fol. 33. Bearing that the three Estates did continue the Parliament, without naming the King; will inferre, that the Estates wanted the Kings consent; For it is usuall that the denomina­tion of acts of Parliament, is taken, sometimes from the King onely, sometimes from the Estates, and some­times from both; And that the prorogation was done by act of Parliament, is enough to prove it to be done with consent of the Estates: And the Letter written by K. Ja. 6. in the Parliament May 1604. To the Lord Balmerinoch his Majesties Secretary; That seeing the Parliament of England was continued, therefore [Page 19]the Estates should continue the Parliament of Scot­land, (which they did) doth evince that the Parlia­ments were continued with consent of the Estates. And having thus, (according to the instructions gi­ven to us) showne the Judgement of the Parliament, (whose Language and mind wee ought now to speak, and not our own privat opinions) anent the forme and order of prorogation, which hath been constantly ob­served, in all preceeding Parliaments, we doe so much tender your Majesties royall power and lawfull autho­ritie (which we have solemnely sworne never to dimi­nish) as wee neither dare nor will presume to exceed our instructions, to define what your Majestie may doe in the hight of your power. For to dispute à posse ad esse, is both against Law and Divinity; And what ever your Majestie may doe in the hight of your power, we hope your Majestie will ever bee graciously pleased to rule your Subjects according to Law, the continuall practice whereof we have showne in this point, neither know we any former Law or practice to the contrair: And if any man hath informed your Majesty, or affir­med, that it is otherwayes, affirmanti incumbit probatio.

As concerning that act whereby it is craved, that the power of the articles may bee defined, wee have directi­on and information from the Parliament, to show the equity, lawfulnesse, and expediencie of that act, which may easily bee perceived, from the reasons contained in the narrative of the act it selfe, which brevita­tis causâ, is referred thereto, as also from the written records, and printed acts of Parliament, from the nature of all Committees, and from the pre­sent estate and condition of the Parliament of that Kingdome: For as it is cleare by the historie of that [Page 20]Kingdome, and the records of Parliament, that there was never such a thing heard of, as Lords of articles, untill the time of King David Bruce; So it is manifest in all the printed and written records of Parliament, since that time, that many Parliaments had no Lords delegat for articles at all, and when there was any chosen, the nomination and election of them, was ever with the common consent and advice of the whole Parliament, till the Parliament in anno 1617. That the Bishops took upon them to remove out of plaine Parliament, to the Inner-house, and choysed some out of the Noblemen, & the Noblemen them, and they two choysed the Commissioners to be on articles of Shires and Burroughs, which as it was against the first institu­tion, & form of election of al preceeding articles, intro­duced by & with the prelats: So do it fall & ought to be removed with them, ut effectus removetur cum fua causa: for they being removed, cannot choise the noble­men to be on articles, as the Noblemen cannot chose them, nor can they both together choyse the Barons & Burgesses: So that it doth of necessity follow, that there bee no articles, but that all bee done in face of plaine Parliament, as it was of old, or else (if articles be) that the ordour of election be from the whole Parliament: or that every Estate of Parliament, make choise of such of their owne number, as are to bee on articles: For according to the common received maxime, Quod omnes tangit ab omnibus approbari debet; & status ac ordines regni, (who are chosen to represent the whole Kingdom, and are appointed to conveen in their name, for establishing such Lawes as are necessare for the good of the Common-wealth) ought to discharge that trust themselves, and not to intrust potestatem vniver­sis [Page 21]commissam to some few delegat persons, exceptone­ly in cases of necessitie and utilitie, which either may be done or omitted, according to conveniencie and oc­casion of affaires▪ For as this freedome of chosing or not chosing of articles, in practise and de facto, was ar­bitrarie and changeable pro occasione & distinctione temporum. So there is never any statutorie law en­joyning the necessitie of articles, or determining the power and manner of their proceeding, & in actibus liberis (of the Law) non currit prescriptio: And it is very agreeable with reason, that the power of articles (which is but a committee delegate from the Parlia­ment to prepare matters for their consideration) have not a boundlesse and illimited power, but bee compt­able to them; and the power of articles is onely pre­parative, and no wayes determinative, and is but cura­tio by vertue of a delegation, which ends at the re­demand of the granter, and ought no wayes to be pri­vative of the Parliaments power, but only cumulative; and they ought before closing or ryding of the Par­liament, to render an accompt to them of all that hath been proponed or past in articles, That the whole Parliament may have a competent time for considera­tion, agitation, mutuall communication, discussion, and deliberation of the reasons and conclusions of these articles, which are to be voiced; and not to vote blind­ly, and without foreknowledge, to agree or disagree, to such things as by their suffrages are enacted to bee laws, which requires not onely voycing, but also hearing, free reasoning, and ripe advisement; as is clear by the commissions granted by the Shyres and Bur­roughs to their Commissioners, and from the acts of Parliament, K. Ja. 1. Par. 7. act 101. And acts of Par­liament [Page 22]1584. and 1587. K. Ja. 6.

As for answer to the new augmentation of customes and book of rates. It is humbly acknowledged, that the customes belongeth to your Majestie, as a part of the patrimonie due to your Crowne: likeas by diverse acts of Parliament, especially by the 179. act Par. 13. & 206. act Par. 14. and act 251 & 254. Par. 15. K. Ja. 6. It is evident that the customes of native and forraigne commodities hath beene imposed with consent of the Estates; and this new augmentation was onely im­posed by the Excheckquer, and condiscended unto by some of the Burrows, upon promise (as is affirmed by them) made by the Earle of Traquair your Ma­jesties Thesaurer, That the present book of rates with­out alteration should be ratified in the next Parliament: the performance whereof was onely craved, by that article given in, And that no new augmentation should be imposed upon custome, but that which is agreeable to justice and the Laws of the Kingdome: Which the burrows conceived, they might verie lawfully repre­sent to your Majestie, and the Parliaments considera­tion.

The reason and occasion of that article given in to your Majestie and the Parliament, anent the value of money, and concerning copper-money, doth flow from the sensible losse and great prejudice, which your Majesties Subjects of that Kingdome doth sustain by the huge quantity of copper money, which hath been coyned there, and allowed with advice of your Ma­jesties Councel to passe currant, at a rate so far above the intrinsique value thereof: as beside what is coyned within the Kingdome, there are likewise a great quan­titie coyned abroad in other Countreys, and brought [Page 23]in to Scotland, and a great quantity of false ones forg­ed by Tinkers, and through occasion thereof all other money is exported and taken away, and no other mo­ney almost left, and the crying of them up and down in so short space, (of late) hath brought the esteeme and value of them to such an uncertainty and confusion, as no man knows now at what rate they should passe, or whether they should passe or not, which to your Ma­jesties Subjects is a very great prejudice; especially to Tradesmen, and other poore people, in whose hands, most part of that base money is, whose distrest condi­tion cryes to your Majestie for remeid. Likeas the importing of Dollars from forraigne kingdomes, and tollerating of them to passe (for a long time) at a higher rate and price nor is answerable to the true va­lue, and above that price, gave occasion to export and take away your Majesties own coyne; and the crying down of the Dollars thereafter by your Majesties Councell, at such a time, when as there was little or no other money in Scotland, occasioned great scarcitie of money in that Kingdome. From the by-past experi­ence of which losse, and for remeid thereof, that arti­cle craving, that the value of money should not bee altered without advice of the Estates of Parliament, was given in without thought or intention to trinch in any sort upon your Majesties royal authority; but that your Majestie for the good of your Subjects, may bee graciously pleased, That the standart of the money, consisting in the fynnes, the weight, & price of money, which from time to time hath been ruled, and set down in Parliament, be not altered, but by advice of the Par­liament. And that the fynnes, price, and weight of money hath been ruled and determined by Parlia­ment, [Page 26]may bee seen by that act of Parliament, holden by King David the second, in anno 1366, in these words, Statutum quod fabricetur moneta de materia jam all at a in regnum, & quod in pondere & metallo aequipol­leat monetae currenti in Anglia, & fiat in ipsa signum no­table per quod possit ab omni aliaprius fabricata eviden­ter cognosci, quousque in proximo Parliamento super hoc maturius avisari possit. The same is also manifest from a great many other acts in the reignes of K. Ja. 1. K. Ja. 2. K. Ja. 3. K. Ja. 4. K. Ja. 5. K. Ja. 6. Espe­cially K. Ja. 1. Par. 1. cap. 23. anno 1424. Item K. Ja. 2. Par. 6. cap. 29. and Par. 8. cap. 33. Par. 13. cap. 59. Par. 14. cap. 72. Item K. Ja. 3. Par. 1. cap. 9. Par. 3. cap. 18. 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 [Page 26]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 [Page 27]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: [Page 28]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 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.

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 [Page 30]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.

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 and gracious Declarations; And that it is im­possible, [Page 33](without passing the rescissorie act and act of constitution) to have a valide Parliament, to ratifie the conclusions of the Assembly, is manifest: Seeing by the former constitution of the Parliament, no act of Par­liament can passe without the consent of the three E­states, of which the Kirk was the third; As is to bee seen by the act of Parliament 1609. And any act for ra­tifying the conclusions of the assembly, or for any o­ther cause whatsoever, which can be past in this Parli­ament (till the Parliament be lawfully constitute with­out prelates, or any other representing the Kirk) cannot be valid, but may be quarrelled and annulled, upon that formall and fundamentall ground of the former consti­tution of Parliament, which stands established by the acts of Parliament 1584.1587.1597. and 1606. By all which it is clear, that the Parliament was constitute of the three Estates, whereof the Kirk is one, & that no act of Parliament could be made, but by the special advice & consent of the three estates; & that the Prelats voting in parliament, and representing of the third Estate, was a priviledge granted to the Kirk; and that they as her office-bearers had onely vote in name of the Kirk, may be clearly seen by the 231. act. Par. 15.1597. K. Ja. 6. Where the Kings Majestie, and his Highnesse Estates, restores Ministers provyded to Prelacies, to have vote in Parliament, and that upon this reason, as having spe­ciall consideration of the great priviledges and immu­nities granted by his predecessours, to the holy Kirk within this Realme: and to the speciall persons exer­cing the office, dignitie, and title of prelats within the same, which have represented one of the Estates: And that the saids prelats have been from time to time con­served in the same integritie wherein they were at any [Page 34]time before; So that his Majestie, out of his singular affection to the advancement of Religion, declares this Kirk to be a true and holy Kirk, and that the Ministers and pastors within the said Kirk, provided to the of­fice, place, title, and dignitie of a Bishop or prelat, shall at all time hereafter have vote in parliament, suchlike and as freely as any other Ecclesiastick prelat had at any time bygone. And that all Bishopricks shall be disponed to actuall preachers, which proves, that in time of poperie, and ever untill that time 1597. this priviledge of vote in Parliament was granted to the Kirk, and only to the speciall persons, who by vertue of their office, did represent the Kirk, which is also clear from the act of annexation 1587. whereby all the Tem­poralities of benefices were annexed to the Crowne, notwithstanding whereof they did vote still in Parlia­ment in name of the Kirk, (having no Temporalities at all) till the Parliament in the yeare 1606, Wherein it is clear in the act of restitution of the estate of Bishops: And also in the 6. act of the Parliament 1609, That vote in Parliament is given to prelats, as one of the pri­viledges and liberties granted to the Kirk, whom they did represent, and did ever sit pro Clero upon his Maje­sties right hand, and voyce in name of the Kirk.

But seeing in the late Generall Assembly holden at Edinburgh (after particular inquyrie anent the true and reall causes of the evils which did so much trouble the peace of that Kirk and Kingdome) It is found that the government of the Kirk by Bishops, and civill pla­ces and power of Kirk-men, especially their voting in Parliament, amongst other novations brought in that Kirk, were two mayne causes of these evills. And that the Generall Assembly, with consent of your Ma­jesties [Page 35]Commissioner, representing your royall power and person, hath removed Episcopacie our of the Kirk of Scotland, and declared all civill places and power of Kirk-men to be unlawfull in that Kingdome, as contra­ry to the Confession of faith, and constitutions of that Kirk, and hath ratified the Covenant, ordaining all the subjects to subscryve the same, with the generall assem­blies explanation in that sense: And your Majestie be­ing obliged to ratifie the conclusions of the assemblie in Parliament, It doth necessarily follow, that Bishops who usurped to bee the Kirk, and did in name of the Kirk, represent the third Estate, be taken away; which also by necessar consequence doth inferre, that there be an act of constitution of the Parliament without them, and an act for repealing the former Laws wher­by the Kirk was declared the third Estate, and Bishops did represent the Kirk. Both which, the Kirk hath now renounced and condemned as a detriment and preju­dice incompatible with her spirituall nature: Neither doth the passing of these acts, wrong the Kirk nor State, nor diminish your Majesties Princely power; as was demonstrat by that which was spoken to your Majestie the 3. of March, and which we did thereafter present to your Majestie in writ, which (for brevitie) wee absteine to repeat. And if your Majesties Com­missioner deny, that he did consent to the act of assem­bly August 17, whereby Episcopacie, and the civill places and power of Kirk-men, and in speciall their vo­ting in Parliament, was declared to be unlawfull, as be­ing contrare to the Confession of faith, and constituti­ons of that Kirk; and that he did approve, that all the subjects should subscryve the Confession of faith, with the generall assemblies explanation; we offer to prove [Page 36]the same by the very acts of the assembly, and records thereof, bearing his assent, first verbally, and there af­ter, given in by writ: The trueth whereof wee are able also to verifie and make good, by witnesses of all ranks of persons, who were present at the assembly: And so soone as these Declarations which the Com­missioner caused registrate in the bookes of Coun­cell, as being emitted by him in the generall assembly, were required to be insert in the records of assembly, (which was eight dayes at least after the rising of the assembly) The Commissioners of the Kirk discharged the Clerk to insert the same, as not being emitted in the assembly, and as contrarie to the acts thereof, and true declarations made by the Commissioner in the generall assembly, which are registrate in the bookes thereof, and doeth beare his consent, for which he got publick thanks.

The reason of that article craving every Commissio­ner of the Shyres to have a sever all voyce, appeares in the very proposition it self; For that any who by the lawes of the Kingdome, and by their commissions, comes au­thorized, as Commissioners, to heare, treat, and deter­mine in Parliament, and yet not to have a decisive voice in Parliament, seemes to be repugnans in adjecto; and that by the ancient practise, the whole Barons and Free-holders within that Kingdome, had vote in Parli­ament, may be seen in the old records of Parliament, as in the reigne of K. Ja. 1. in his 6. and 7. Parl. K. Ja. 2. in the old acts, fol. 26.33, 36. K. Ja. 3. in the 112. act. Parl. 14. Item Parl. 1487. 15. October. The Parliament being continued, all freeholders are enjoyned to come to Parliament, to treat and conclude, notwithstanding whereof no such priviledge was [Page 37]claimed in this Parliament, but onelie craved the de­claration and determination of the Parliament, whe­ther each Commissioner of the two sent from a Shyre, have right in law of a severall decisive voice, which if at any time it hath been marked otherwayes; they al­ledge the same hath proceeded from the ignorance, errour, or corruption of the Clerk: And as the Ba­rons and Free-holders are the far greatest part of the body of that Kingdome, and that all of them of old had voice in Parliament, till their absence by some late acts, especially the 101 act. Par. 7. K. Ja. 1. and Par. in anno 1587. K. Ja. 6. is dispensed with, and they ex­eimed from necessitie of coming, and of the unlaws, which they were lyable to pay for none compeirance, providing they send Commissioners in their names to vote in Parliament: They think it agreeable both with law and reason, that every one of these few Commis­sioners, who do represent so many, should have a se­verall decisive voice. And the act of Parl. holden by K. J. 6. an. 1587. bears that the Commissioners of Shyres, shall be equall upon articles with the Burrowes, and shall have votes in Parliament: The meaning where­of doth import, that every one of the saids Commis­sioners shall have a decisive voice, because quod de om­nibus dicitur, de singulis dicitur: and if both the Com­missioners of one Shyre, should have but one decisive voyce, then it would follow, that every one of them hath but half a voice; and consequently when the one is absent, the other being present, should have no voice, and one could not bee chosen upon the articles without the other; both which are contrare to reason and custome. And it is undenyablie true and constant, by continuall custome, that when there is onely one of [Page 38]the two Commissioners of a Shyre, chosen upon the ar­ticles, that one by himself without concurse of his collegue hath a plenarie voice in articles: Therefore it follows necessarly, that as every one of two Com­missioners, have a full voyce in articles, so each one of the two should have a full voice perse, and severally in Parliament; otherwise every one of them would have but half a voice in Parliament, and a full voice in ar­ticles: And the act given in anent the Barons voices, is not to demand or crave any new thing, or novation, or new priviledge to bee granted to them, but onely craves the declaration and determination of Parlia­ment, which in justice may bee craved by any who de­sire their right to be cleared: Neither is there any such thing craved in Parliament, as the chosing of any other Clerk, but it was onely humbly craved, that some should bee allowed from the Parliament, to sit by the Clerks, to mark that the voices were rightly enume­rat.

That article whereby it is craved, That every Estate may chose their own Lords of articles, or else, That the Lords of articles be chosen from the whole Parliament, is agreeable to the libertie of all free judicatories, who have power to chose their own preparative Com­mittees, who except they be chosen by the judicatorie it selfe, or by these whom they do represent, cannot be justly reput to have any power from them; for their power is onely from them, from whom they are dele­gat, and they can onely propone, or voice in articles, in name of these who did chose them, and gave them power; and what they do in name of these who did not give them power, is, a non habente potestatem: But because the reason of this article is more fully cleared [Page 39]in one of our former answers, anent the power of ar­ticles, which is coincident with this article, wee remit to the former answer.

The reasons of that act, desiring that proxies may bee discharged, and that no patent of Nobilitie be granted to any but such as have 10000 marks of yearly land rent; are contained in the act it self, & it seems not to be agree­able to reason and equitie, That the honour and power of voting in Parliament, which is conferred on Noble­men, and their successours personally, and whereby they have power to reason, voice, and judge accord­ing to law and conscience, can be intrusted to another, with an implicit faith; to determine and give the judge­ment of the granter of the proxie, in matters of highest moment, concerning Religion, your Majesties ser­vice, and the good of the Countrey, before the gran­ter thereof know so much, as what is to bee proponed in Parliament: And as concerning the second part of the act, craving that no patent of Nobilitie may bee granted, to any who are not Natives, but such as have 10000 marks of Land rent: The same was remitted and recommended to the Commissioner, to bee repre­sented and remonstrat to your Majestie, whose graci­ous answer they do expect.

As concerning the book intituled, (A large declara­tion) The generall Assembly taking notice thereof, and conceiving that thereby your Majestie, that Kirk, and whole Kingdome is wronged; did give in a sup­plication to the Commissioner, and Lords of your Ma­jesties privie Councel, humbly craving to represent the same to your Majesties gracious consideration: Like-as in the articles of Parliament, the Estates did hum­bly recommend the Assemblies supplication to the [Page 40]Commissioner, for obtaining graciously the desire of the said supplication: Neither did they know a more humble and respective way for redresse and removing these imputations which lyes upon them by occasion of that book: concerning which, amongst the other par­ticulars recommended to the Commissioner, to be re­presented to your Majestie. They do confidently ex­pect the return of your gracious answer.

As concerning that proposition, whereby it is de­sired, That the Commissioners of Shyres may be allowed, to give in a roll of free holders, out of the which the Justices of peace are to bee chosen: The reason of that desire is, Because the Commissioner of each severall Shyre, knows best who are the fitteft and ablest men, within their own severall Shyres, for your. Majesties service, and the good of the Countrey, which is no wayes craved to derogat from your Majesties power of chosing; but onely as an expedient, to be past or re­fused, as your Majestie, and the Parliament, shall think convenient.

As concerning that act anent the disorders in the North: The reason why the same was craved, did re­sult from the complaints and grievances, against the thift, oppression, slaughter, and great insolencies com­mitted these diverse years bygone, and of late in those parts; the redresse and remedie whereof, and for keep­ing peace in that part of the Countrey, deserves your Majesties consideration and justice: And all that we re­member was required of the Parliament was, That the former acts of Parliament made for punishment of thift, rapine, and oppression, might be revived, with such farther addition, as your Majestie should finde expedient, and conduceable for the peace of the coun­trey, [Page 41]which wee hope your Majestie will ever ten­der.

The reason of that article, or act, craving the Coun­cell to be subalterne, and censurable by the Parliament, Is from the warrant of former Lawes, cited in the act it self, wherein there is no more craved, but that the former acts of Parliament, against leasing makers, and makers of division betwixt the King and his Sub­jects, may bee revived; And that the Councell and Session, may bee comptable to your Majestie, and the Parliament, for any injustice shall happen to bee committed by them.

Where it is alledged, there was one article, That no taxation should bee granted, but in plaine Parlia­ment, we remember of no such article or motion pro­poned.

As concerning the act of pacification, The war­rant and ground thereof, flowes from the humble petitions and remonstrances of your Majesties Sub­jects, wherein they did cleare their loyaltie, and made offer of their civill and duetifull obedience to your Majestie. And which by their humble suppli­cation to your Majesties Commissioner, and Lords of Councell, and to the Estates of Parliament, in­sert and registrat in the records thereof, They have againe solemnely renewed. And from your Majesties favour, in condescending to the articles of pacificati­on, wherein your Majesty was graciously pleased, That an act of pacification or oblivion, should be past: And in the narrative of the Act it selfe, there is one humble and thankfull acknowledgement of your Ma­jesties goodnes and Justice, and is drawne up in such termes, as was conceived, might best expresse your [Page 42]Majesties fatherly care and goodnesse, toward your ancient and native Kingdome, without wronging the true and loyall meaning and intention of your Maje­sties Subjects: And as for the body and legall part of the act, the same was after much debating, framed with advyce of Lawyers, and consented unto by the par­ties chiefly interessed.

As to that article anent particular commissions of Justiciarie and Lievtennandrie, all which was inten­ded or desired thereby, was, That the abuses of these commissions, might be in all humilitie represented to your Majestie, by your Commissioner: And that your Majestie might be graciously pleased, to grant the like commissions, onely upon weightie and necessar causes, and to endure onely during the time of necessi­tie, and the ingivers of the act was content to have it re­formed that way.

As concerning that act given in for sheriffes and stewards, craving that they might only be oblidged to pro­duce hornings for the taxation; It is not a new desire, but that which hath been craved by them in diverse former Parliaments; And they think, that producti­on of horning against the persons lyable in payment, should bee an exoneration to them; because they al­ledge, they want many of the casualities and bene­fices, which Sheriffes had of old by vertue of their office.

As concerning the proposition which was made, anent the patent for making of powder, All that wee re­member was craved by the in-givers of that article, was, that in respect the Earle of Linlithgowes patent, was voyde by a clause irritant in his patent, whereby he was oblidged to keep the Works going, and which [Page 43]are now decayed, and the Countrey frustrate of the be­nefit and profit which might have accressed to them through that commoditie: That therefore it might be allowed to any who were most fit and able to under­go the worke to make powder.

As concerning the act given in for discharge of re­missions for murther, slaughter, theft, but upon satisfa­ction to the partie; All that was intended or craved thereby, was onely, That the heavie prejudices re­dounding to the Countrey by remissions, purchased upon misinformation, might be by supplication pre­sented to your Majesties consideration; That by your Majesties goodnesse and justice, the like inconveniences in time coming may be prevented.

As for that act craving discharge of protections, there was nothing craved thereby, but the reviving of two former acts of Parliament, viz: the 47. act. Parl. 11. and 13. act of the 23. Parl. K. Ja. 6. without any de­rogation to your Majesties power or authoritie, which was done with the Commissioners consent: Likeas it was recommended to him, to represent the same to your Majestie, with the reasons thereof.

The reason of the act of common reliefe, is, Because as the blessings of Religion and peace, which from your Majesties happy governement and fatherly affe­ction to your Majesties ancient and native Kingdome, especially at this troublesome time, are common bene­fites, whereof every good subject ought to be sensible. So is it agreeable with reason and justice, that accor­ding to their interest, every one may contribute a pro­portionall part of the charges, which hath been spent for so good ends, and the ordinar cause for which taxa­tions are granted, are ad relevationem imperii, ob con­servationem [Page 44]libertatis ac dignitatis, ac religionis, vel ob utilitatem communem subditorum, wherefrom albeit some be averse, yet the consent and voices of the most part should oblige for these ends, whereunto your Ma­jesties consent, and royall authoritie is humbly craved to be added, that the same may flow from your Maje­sties goodnesse and Justice, and have execution to in­ferre payment thereof, seeing the whole Commissio­ners of Shyres, and Burrowes, and the whole Nobili­tie (very few excepted) are content freely and wil­lingly to make offer of their proportionall part there­of.

As for that article craving the act 1633. (ordai­ning that confirmations and infeftments of Waird lands, shall not prejudge the Kings Waird) to bee repealed, There was no dispute nor conclusion made there-anent in articles, neither (as we remember) was it craved by that article, that the act 1633. bee repealed simply, but that the meaning of that act may be explained and interpreted.

As for the article or act, anent the duetic payed to the conservatour upon coale, The same is craved to bee discharged by the coal-masters, because it was an un­lawfull exaction, which he had no warrant to exact by his gift, which was instructed in articles by produ­ction of his gift, whereupon the act was past in ar­ticles.

The desire, craving ammunition, and armes brought in, to be custome-free, is warranted in Law, in so farre as the commodities either expected or imported for the particular use of Noblemen, Barons, and Free-holders, which are for their owne use, and not to be sold againe, are by act of Parliament declared to be custome-free.

As concerning the article anent the election of the President of the Session, and admission of the Judges pre­sented by his Majesty, There was no new thing craved thereby, but the ratifying and approving of the 39. act. Par. 6. K. Ja. 6. 1579. And that allanerly in so farre as concernes the freedome of election, to be made by the Senatours: of the Colledge of Justice, of the pre­sident thereof, without any other clause of the said act: Neither doth the act given in, beare any thing concer­ning the admission of any other Judges presented by your Majestie.

As for that article, anent Statesmen, being Noblemen, to have but one voice, we remember nothing of any such question.

As to the last proposition, Concerning the oppositi­on made by the rest of 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 [Page 46]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.

The Declaration of the Estates of Parliament, concerning the prorogation of the Parliament, &c.

WE Noblemen, Barons, and Burgesses, Commissio­ners of shyres and Burrowes conveined in this suprcame Court of Parliament by his Majesties solemne indiction, and holden by John Earle of Traquair his Ma­jesties [Page 54]high Commissioner, do with all dutifull and loyall respect unto the Kings most Excellent Majesty, and with our best affections to the preservation of the Body of this Kingdome which we now represent, make known, that where contrary to the malignant disposition, and the wic­ked devises and practises of some of our disnatured Coun­treymen and their complices, his Majesties face did not only begin to shine upon us, to the calming of all these tem­pests and troubles which were at fi [...]st raised by their own inventions and innovations of Religion; but his Majesty did also with advise of the Couns [...]llours of both Kingdoms, declare and assure, that it was his Royall will and pleasure for afterward, That all matters Ecclesiasticall should be determined by the Assemblies of the Kirk, and matters ci­vill by Parliament, and other inferiour judicatories esta­blished by Law, which was and is the summe of our whole desires; and therfore was pleased to indict a free Generall Assembly, to be conveined at Edinburgh the 12 of August for setling the peace of the Kirk, and a Parliament to be holden 26. August, for ratifying the constitutions of the Assembly, and for setling such other things as may con­duce for the peace and good of the Kingdome. And because his Majesty could not be present in his own Royall person, (which was our earnest desire and had been our great de­light) It pleased his Majesty so far to tender the minds of his well meaning subjects, as to promise unto them a Com­missioner instructed with full power, to bring matters to a finall conclusion both in Assembly and Parliament, against all fears offrustration, and jealousies of prorogation, or de­layes. And forsameekle as John Earle of Traquair, his Majesties Commissioner, honoured with a most ample Commission, according to his Majesties Royall word, having closed the Assembly, and having sitten [Page 55]with us in Parliament a very long time, for debating and preparing such articles as were to bee presented in face of Parliament, doth now take upon him, and that without the consent of the Estates, and without any offence on their part, who have endeavoured in all their proceedings, to witnesse their loyaltie to the King, and duety to his Grace, as representing his Ma­jesties sacred person, to prorogate the Parliament upon a private warrant, procured by sinister information, against his Majesties publick Patent under the Great Seale, and that upon pretence of a clause in the Commis­sion under the quarter Seal, which was only for fencing & continuing of the Courttill the down-sitting of the Parlia­ment, and that even by representation of the Estates, who now being present themselves, cannot be represented by Commissioners, but doe directly dis-assent, which war­rant is now expyred in it self, and is not renewed under the quarter Seal; whereby hee doth heavily offend all his Majesties good Subjects, and indanger the peace of the whole Kingdome, for which he must be lyable to his Majesties Royall animadversion, and to the censure of the Parliament; this being a new and unusuall way withour precedent in this Kingdome, contrary to his Majesties honour, so farre ingaged for present ratify­ing of the acts of the Kirk, contrary to the Lawes, Li­berties, and perpetuall practice of the Kingdome, by which all continuations of Parliament once called, conveened, and begun to sit, have ever been made with expresse consent of the Estates, as may bee seen in the reigne of K. Jam. 6. Q. Mary, K. Jam. 5. K. Jam. 4. K. Jam. 3. K. Jam. 2. K. Jam. 1. and so forth upward in all the printed and written Records of Parliament, contrair to the publick peace both of the Kirk and King­dome, [Page 56]which by reason of the present condition therof, and the great confusion like to ensue, cannot endure so long de­lay; and which is to the advantage of our malicious ad­versaries, who for their own ends, are uncessantly seeking all occasions, by dividing betwixt the King and the King­dome, to bring both to utter ruine and desolation. THEREFORE Wee the Estates of Parliament, out of our zeale to acquite our selves according to our place both to the Kings Majesty, whose honour at all times, but especially conveined in Parliament we ought to have in high estimation, and to the Kingdome which we repre­sent, and whose Liberties shall never be prostitute nor vi­l [...]fied by us, are constrained in this extremity to mani­f [...]st and declare to all men who shall hear of our procee­ding, that as we have not given the least cause, or smal­lest occasion of this unexpected and unexemplified prorogation, So we judge and know the same to bee contrair to the constitution and practises of all precee­ding Parliaments, contrair to the Liberties of this free and ancient Kingdome, and very repugnant to his Ma­jesties Royall intentions, promises, and gracious ex­pressions in the articles of the late pacification, which we trust will be no sooner presented to his Majesties equi­table consideration, but the adversaries who have infor­med against us, shall be driven from his Majesties pre­sence, and receive their deserved recompence of reward. And wee doe further declare, that any prorogation made by the Commissioners Grace alone, without consent of the Parliament by himselfe, or any Com­missioner in his name, or under the quarter Seal, or by the Lords of the Councell, who have no power at all in matter of the Parliament during the sitting there­of, shall be ineffectuall, and of no force at all to hinder [Page 57]the lawfull proceedings of the Subjects, and the doers thereof to be censurable in Parliament. And farther we declare, that the Commissioner his nomination of the articles by himself, his calling together these ar­ticles, and commanding them to sit continually, and proceed, notwithstanding their day lie protestations to the contrair, his keeping frequent Sessions of Councell, and determining causes in Councell during the time of the Session in Parliament, his calling down and calling up of money enduring the Session of the Parliament, without consent of the Estates of Parliament, not­withstanding that the Parliament had taken the money to their consideration, and had purpose to have given their advice for a determination there-anent, his fre­quent prorogating the ryding of the Parliament with­out consent of the Estates, or mentioning 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 [Page 58]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: [Page 59]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.

To the Kings most excellent Majestie, the Remonstrance and Supplication of the Noblemen, and Commissioners of Shyres, and Burrows, his Majesties good Subjects of the Kingdome of SCOTLAND,

THat where the great want of your Majesties royal presence in person at th [...] [...]igh Court of Parlia­ment, as we have also at other times experienced, hath been apprehended by our adversaries for a fit opportunitie to their mis-informations and hard im­pressions against our proceedings in Parliament, as trenching upon your Majesties sacred and inviolable authoritie, as not warranted by the fundamentall laws and laudable practices of this your Majesties ancient and native Kingdome, or as contrary to the promises and remonstrances which were made to your Majestie by your humble subjects, in the truth of their hearts, and were in the same sense graciously accepted by your Majestie. And although to our common re­grate, and the suspending of our hopes and humble desires, your Majestie hath thought meet to give or­der to Your high Commissioner to prorogat the Parliament: yet such hath been your Majesties wise­dome, justice, and goodnesse (which in all humble thankfulnesse shall ever bee remembred by us) that your Majestie hath kept one ear for us, and would not harken and give place in your Royall heart to sugge­stions and obloquies of our enemies, till the reasons of our proceedings were made known from our selves, [Page 63]and we should have the favour of a full hearing: And for this end, it was your Majesties royall pleasure to permit and allow the Estates of Parliament, to send some of their number to give your Majestie true in­formation; which being conceived by them for a suf­ficient warrant, made them direct two Noblemen, the Earle of Dumfermling, and the Lord of Lowdoun to your Majesties Court, instructed with full commis­sion to that effect: But since your Majestie judged it not convenient to grant unto them accesse and au­dience at that time; We now from the sense of the distressed condition of this your Majesties Kingdome, which we nothing doubt but your Majestie will in your tender and fatherly car, compassionar, do in all earnestnesse desire, and in all humility supplicat, that your Majestie may be pleased, upon this our declara­tion, that we intend nothing but what shall merit ap­probation at the throne of your Majesties justice, to give commandment for the proceeding of the Parlia­ment, that thereby our evils may bee cured before they be past remedie, many dangerous consequents may be prevented, and the troubled estate of this Kirk and Kingdome speedily settled, which is the longing desire, and universall expectation of all your Maje­sties peaceable Subjects: Or if your Majestie shall finde it necessary for their further satisfaction against all exceptions to make particular inquirie, and to take notice of the reasons of our proceedings and demands from our own mouthes, which we shall be most wil­ling to render; in that case we are confident that your Majesties royall ears will be in the meane while shut against the sinister informations of such men as are fal­len out with the times, and think our common calami­ties [Page 64]a mitigation of their just sufferings. And doe humbly entreat that your Majestie may be pleased to give signification of your Royall will hereanent, and to grant warrant for sending some from us to your Majesties presence, that so soone as may be the Parlia­ment long since begun by your Majesties indiction, may by your Majesties wisedome and goodnesse, have the wished conclusion, to your Majesties honour, and the joyfull acclamation of the whole Kingdome.

HIs Majestie having read and considered this sup­plication, is gracioufly pleased to permit such number of them to repair thither, as they shall please, to shew the reasons of their demands.

1. FIrst to shew and declare, that our desire anent Religion is, That wee may enjoy the same ac­cording to Gods word, the Confession of Faith, and constitutions of the Kirk of Scotland; and that all matters Ecclesiasticall shall be determined by the as­semblies of the Kirk, without incroatching upon the libertie, priviledge, and government of any other re­formed Kirk.

2. To shew and declare, That wee never had, nor have any intention to diminish his Majesties greatnes, and authoritie, which by the law of God, and of this Kingdome, and by the descent of 108 Kings, wee ac­knowledge [Page 67]to be due to his Majestie: neither did we e­ver intend to impair or withdraw our selves from civil and temporal obedience to his Majestie: but in every thing to carrie our selves as becometh faithfull, hum­ble, and loyall Subjects, whereof we shall be ready to give reall demonstrance and proof when his Majesties service shall require the same.

3. To shew how grievous it is to his Subjects, That wee heare his Majestie is mis-informed and displeased with any of our proceedings. The lawfulnesse and loy­altie whereof, we desire ye may clear to his Majestie.

4. Ye would give to his Majestie a true informati­on of all our proceedings in the Assembly and Parlia­ment, whereof ye have the special acts and reasons for the same, and justifie them against al aspersions and ob­jections, especially ye would clear they do no wayes trinch upon the Kings authoritie, whereof his Maje­stie seems to be mis-informed.

5. Ye would shew the great prejudices of this Kirk and Kingdome, by continuall by-gone letts, and de­layes of the progresse of the Parliament, and how much it may contribute to his Majesties honour, the Subjects content, and for procuring of heartie and chearfull obedience, That the affairs of this Kirk and King­dome may without longer delay be settled, especial­ly seeing all the Subjects desires are given in to the Parliament and articles, and are such as agree with the articles of pacification, without the least wronging of his Majesties authoritie, or impairing of the Subjects civill and duetifull obedience.

6. Ye would therefore urge after your clearing of all objections made against any of our acts and pro­ceedings, That his Majestie may bee graciously plea­sed [Page 68]to direct his Commissioner to go on in Parliament, without further delay, to determine all the articles by the advice of the Estates, and to the ratifying of the conclusions of the late Assembly, and settling all such other things as may conduce to the publick peace and good of this Kingdome, according to the articles of pacification, and his Majesties Commission under the great Seal.

7. For the clearer determining of all questions, ye would earnestly desire the production of the laws and records of Parliament, the up-keeping whereof is con­trarie to all law, practique and reason.

8. If the King will not condescend to give order to his Commissioner to goe on presently in Parliament, for ratifying the acts of the Assembly, and for deter­mining and deciding such acts as are given in to the articles, then at the least his Majesty may be graciously pleased to enjoyne the Commissioner to prorogate the Parliament in the tearmes contained in the offer made to him, which ye have with you.

9. And if his Majestie send for the Commissio­ner, ye would try and advertise whom yee think fittest to bee sent from the Estates with the Commissioner, to informe the Kings Majestie more fully, and to procure his Majesties warrant for their up-coming, for better clearing of matters, and for his Majesties further satisfaction.

10. Ye would be frequent and sure in your adver­tisements to us how our businesse goeth, and what yee conceive will be fittest to be done by us here.

11. Ye would remember the many grievous com­plaints given in to my Lord Commissioner, and Lords of articles by these of this Nation who are In-dwel­lers [Page 69]in Ireland, of whom oathes are exacted, unwarran­table by the Lawes of the Church of Ireland, as also some of this Nation have been pressed in England with the like oathes.

SEeing the Earle of Dumfermling, and Lord Low­doun were den yed accesse to impart to his Majestie the former Instructions given to them by the Estates of Parliament, and seeing upon their returne, his Meje­stie was petitioned to give order for proceeding of the Parliament; or if his Majestie should finde it necessary for his further satisfaction, to take notice of the rea­sons of our proceedings from some of our selves, that his Majestie would give signification of his Royall [Page 70]pleasure here-anent, and grant warrant for such as should be sent

And that now his Majesty by his answer to our sup­plication hath allowed and given warrant that such as we think fit to send, may repair to his Majesty to shew the grounds and reasons of our demands: Wee have for discharging of our humble duetie according to his Majesties commandement sent you up to impart to his Majesty the former Instructions given to the Earle of Dumfermling, and Lord Lowdoun.

To shew that our proceedings and desires are a­greable to the Lawes and practises of the Kingdome and articles of pacification, as you were also directed to doe by the former Instructions: which when you have cleared, lest verball expressions be controverted, you shall give in the summe of our demands, and crave the answers thereof in writ, and what else shall be objected against us, or replyed for our justification, and that for avoyding contestation about words in time hereafter.

If you bee called to give answer and account to the English Committee or Councell, or any other Judi­catorie, you would show that you are sent onely to his Majesty and discharged, likeas wee doe heereby dis­charge you, to answere to any Committe or Judicato­rie, who cannot meddle in matters of the Parliament of this Kingdome, being independent of any, but of God and the King.

Because wee heare that sinistrous informations, and the late relation made by his Majesties Commissioner before the whole Councell of England, hath given hard impressions against our proceedings, whereof as we cannot but be sensible, so you shall crave, that his [Page 71]Majesty out of his tender care and fatherly compassi­on of his subjects (who esteem no earthly thing more grievous to them, then that their loyaltie to his Maje­stie should be called in question, and their proceedings traduced) may be pleased to allow you that favour, to cleare them in publick before his Counsellours of both Kingdomes from these unjust imputations, with­out acknowledging them as a Judicatory, which you must alwayes decline.

You shall be earnest with his Majestie for obtaining a short day to be assigned for the sitting downe of our Parliament, not onely for remeiding these great evils formerly knowne, but also the confusion wherein the Subjects are cast by the copper-money lately coyned, going at so high a rate, far above the intrinsick value, which being called down and up by the Councell within the space of eight dayes, is made so question­able, that scarce will any receive it till order be taken therewith.

That for such desires and motions as were made in articles, and which the Commissioner required might be communicat with the King before the Parliament should determine thereof, his Majestie being now ac­quainted therewith by his Commissioner, may return the signification of his Royall pleasure there-anent, lest the proceedings of the Parliament by reason there­of be longer delayed.

You shall beseech his Majestie with all earnestnesse in our names to bee pleased to trust no mis-report of our desires and actions, till first he be pleased to com­municate to us the Informations he hath received a­gainst us, that so we may either clear the same, or take the readiest way to give his Majesty all lawful satisfa­ction, [Page 72]which may prevent all mistakings in time com­ming.

Seeing by the articles of pacification his Majesty was pleased to appoint a Parliament for removing the distractions, and setling a perfect peace in this Kirk and Kingdome, you shall therefore demonstrate many of these acts and over-tures presented to the articles, whereat exception was taken, were so absolutely ne­cessar for that end, as neither the causes could bee re­moved, nor remedies applyed without them.

You shall remonstrate to his Majesty, how that con­trary to the articles of pacification, whereby all things should have bin put in the like cōdition they were in be­fore the late troubles. The Castle of Edinburgh which had no greater number then 24. or 30. men allowed for keeping thereof, is now furnished with six or seven score souldiers, who have victuals provyded and laid in for a 12. month, potpieces, garnets, fire-works, and all other hostile furniture, not fit for defence, but for harming the Towne of Edinburgh, notwithstanding the present Captaine professed hee desired no greater number of men then 60. for performing all dueties in keeping that place. And that the Castle of Dumbar­tan is furnished in like manner, and manned with En­glishmen, contrary to our acts of Parliament.

To answere the objections which either are propo­ned, or which wee conceive can be proponed against the acts and proceedings of the Parliament, accor­ding to the particular answers you have for that ef­fect.

You are earnestly and humbly to intreat, that the Kings Majesty having heard his Commissioner and you to the full, may be graciously pleased to appoint [Page 73]the Parliament without any longer delay, to sit down and determine all the articles given in to the Lords and others of articles, whether they were past or re­ferred, or not past, and to ratifie the conclusions of the late Assembly, and for setling all such other things as may conduce to the publick peace and good of this Kingdome, according to the articles of pacificati­on, and his Majesties Commission under the Great Seale.

And if any new propositions or challenges which were not proponed before, and which may deepely concerne our businesse, and whereof you have not any ground or warrant to make answer in your Instructi­ons and Informations, and which may necessarily re­quire advice and answer from us before your returne, in that you shall write or send to the Commissioners appointed by the Parliament to remaine at Edinburgh, as you finde convenient to crave farder advice and in­struction there-anent.

Seeing upon the relation of our proceedings, wee heare there is a Parliament appointed to be in Eng­land (which wee have this long time earnestly wished for, as the remedy of many evills, both for his Maje­sties good and the peace of the Dominions) wee are confident they shall consider the estate of our busi­nesse, albeit wee and our Lawes are independant and different from them, as they are from us, wee are able to cleare to all who shall inquire in our actions and de­mands, that they are agreeable to the Lawes and Li­berties of our Kingdome, and the duety of loyall Sub­jects; and that wee never had, nor have any intention to wrong his Majesties Princely power, or lawfull authoritie, nor with-draw our selves from that civill [Page 74]and temporall obedience which is due from us to our dread Soveraigne, but meerly to preserve our Re­ligion and Liberties of our Kingdome, without which, Religion cannot long continue in safetie.

You are to deale earnestly with his Majesty, and humbly to beg at his hands, that you may be quickly dispatched back againe, that you may bee at home in Scotland betwixt and the 25. day of March next to come.

ANd following the laudable example of our prede­cessours 1589, do most humbly supplicat your [Page 79]Grace his Majesties Commissioner, and the Lords of his Majesties most honourable Privy Councell, to in­joyne by act of Councell, that the Confession and Covenant, which as a restimony of our fidelitie to God, and loyaltie to our King, wee have subscribed, may be subscribed by all his Majesties Subjects.

NO materiall point of the treatie which wee have not performed: Wee incontinent dissolved our Armies, disbanded our Regiments, rendred the Ca­stles, and all ammunition, restored all things that were not spent, have keeped no unlawfull meetings, and desisted from all fortifications. When the Assembly was conveened, matters Ecclesiasticall were determi­ned according to the constitutions of the Kirk, in the presence, and with the consent of his Majesties Com­missioner, for which the Assembly gave humble and hearty thanks to his Majestie, intreating and hoping for ratification of the Acts of the Kirk in Parliament; wherein beeing conveened, our care was to walke so warily, that neither his Majestie should be provoked, nor the liberties of the Kingdome prejudged: and therefore wee laboured to have enacted things plaine and necessarie, serving for the good of Religion and the peace of the Countrey: And directed our Com­missioners, to give information to his Majestie, con­cerning things that might seeme questionable. And when the Parliament was prorogat by his Majesties authoritie, without any precedent practise, we suffer­ed our selves to rise: And although our Commissio­ners were repelled, yet did we send our Commissio­ners again in greater number, to render the reasons of [Page 93]our demands. Our innocencie suffered us neither to fear such intertainment to them, nor such answer to our demands, as are contained in this Declaration: but constantly desiring peace, and hoping for the re­turne of our Commissioners, with his Majesties gra­cious answer, for the sitting of the Parliament; wee have received strangers, and with them all kinde of munition within our Castles, which are now with great insolencie and barbarousnesse, even against wo­men and children, used to our own hurt.

On the other part, It grieveth us that quarrels have been picked and made up against us, from the best and most ingenuous of our actions: This is a colou­red threed that ruuneth along the whole web of this Declaration; we but point here at the first end of it; It was openly professed before the Kings Majestie by our Commissioners at the Campe, that his Majesties Declaration would not satisfie without his Majesties owne benigne interpretation by word; and yet no sooner was this made, out of a desire of peace, but in­continent it is quarrelled, and afterward the paper bearing his Majesties words, burnt by the hand of the hang-man.

New fortifications were made and great Garri­sons keeped at Barwick, Carlile, and other places, and the officers brought over sea were not dismissed.

The Castles of Edinburgh and Dumbartaine extra­ordioarly fortified with ammunition, and all sorts of fire-work, for destroying the towne, and especially with Garrisons of strangers; The fortification of Leith first granted to the Town of Edinburgh, to bee disposed upon, and thereafter the contrarie command­ed to make a quarrelling.

Suspicions and jealousies fomented in the hearts of the good subjects, by frequent meetings and consul­tations with the excommunicat Prelats; and by cal­ling of fourteen of us to Barwick, who were ac­compted prime leaders in this affair from the begin­ning.

An oath pressed upon our Countrey men in Eng­land and Ireland, which because they could not take, as supposing it both in the intention of those who mi­nistred the oath, and in the condition of the oath it self, to be contrarie to their Nationall oath and Co­venant, they are punished diversly in their persons, goods, moneys, lands, and shipping; and our desires to have them restored are not regarded.

Some words of his Majesties Declaration at the Camp, which were delet at that time, as very pre­judiciall to our cause, have been printed in the edition published at Paris, and are taken in again now in this Declaration.

The Prelats, although excommunicat, were called to be members of the Assembly, to the great discre­dit of the Kirk, and farre from that which was spoken at the time of the Treatie.

The book, called, A large Declaration, complain­ed on at the Camp, and censured since in the Assembly and Parliament, neither recalled nor the authour pu­nished: But our informations although given out in name of the Kingdome, burnt by the hand of the executioner, and all men forbidden to read or have them.

When it was not possible for the Lieges to attend, the Session was commanded to sit, and since that time no proclamation nor course taken for ministration of justice.

Although the Assembly proceeded and was con­cluded with the consent of his Majesties Commissio­ner; yet are we accused of Treason and Rebellion in the Assembly.

After the Assembly was closed, new Declarations were emitted by the Commissioner, prejudiciall to the Declarations made in the Assembly, and destroy­ing the substance of the acts of the Assemblie.

The refusing to ratifie the acts of the Assembly, namely that of August 17, except with these limita­tions and declarations, which would more have ener­vat nor strengthened the acts of the Assembly.

The refusing to restore to the Kirk her right of planting of some Kirks, usurped by the Prelats; and to grant the commission for plantation of Kirks.

The Registers of the Parliament, although often desired, for removing of questions, were withholden.

The Lord Commissioner his usurpation in the cho­sing of the articles, above any thing that ever was done by any Commissioner, or any of our Kings them­selves before.

The act of oblivion refused, except it had been turn­ed in an act of pardon, which his Majestie did not presse, but passed by, and caused delet in the time of the treatie.

The act of relief so necessary for the Subjects, re­fused, and the matter of Coyne altogether disordered.

The Parliament prorogat against the laws and con­tinuall custome of this Kingdome, and against the ar­ticles of the treatie.

The labouring of division by all means in the time of the sitting of the Parliament, whereof some were shameful and unnaturall, as is confessed since under the [Page 96]hand of some of the conspiratours, upon theremorse of their conscience.

The Lords of Dumfermling and Lowdoun sent from the Parliament, and that upon a warrant shewed by the Lord Commissioner, were not honoured with his Majesties presence, but commanded to return.

Scandalous relations of the proceedings of our Par­liament, made at the Councel table of England, and judged there: but the benefit of hearing before the Councel, denyed to our Commissioners.

The Committee appointed by our Parliament for necessarie and pertinent ends, is quarrelled, and an English Committee of some few allowed to sit and judge of our Parliament.

The answers of our Commissioners taxed as imper­tinent, but no particular reason given to shew that they are such.

The Covenant allowed by the Assembly and sub­scribed by the Lord Commissioner disallowed, and that which was rejected before, esteemed.

Our Commissioners pressed to give their judge­ment concerning calling and dissolving Assemblies, and the negative voice in Assemblies, contrary to the laws of this Kirk and Kingdome; otherwise not to be heard.

Counsellours and officers of Estate discharged their places summarlie and never heard.

Commandment given to the town of Edinburgh to publish a Proclamation for discharging the Earle of Argyle from executing the office of justiciarie belong­ing heretablie to him by act of Parliament, and to dis­claime and disallow a Committee appointed by Par­liament.

Commandment given to the towne of Edinburgh, to receive to the Castle, Garrisons of strangers over their own heads, and to furnish all materials for their own ruine.

Great violence and outrage done by the Castle of Edinburgh, not onely against men and buildings, but women and children for many dayes past, without any provocation from the towne.

A terrible commission granted to Northumberland, for subduing and destroying us, before our Commis­sioners, who were waiting and ready to clear our in­tentions and actions, had a hearing.

Great preparations by sea and land, at home and from abroad against us; before it was told us for what fault.

Our Ships and goods taken, and the owners stripped naked, and more barbarously used then by Turks and Infidels, and we referred by the Governour of Bar­wick to the Councel of England for satisfaction.

Letters sent for eight Noblemen to repair to Court, to be put, it seemeth in the same condition, with the Lord of Lowdoun.

The restraint of our Commissioners, and the impri­sonment of the Lord Lowdoun, against all equitie, law, and conscience.

All things devised and done that may make a rup­ture and irreconcilable warre between the two King­domes.

All means used to disgrace this Kirk and Kingdome: Books, Pasquils, Maskes, honouring of our cursed Prelats, advancing of our deposed Ministers, denying presentation to Kirks, &c.

No other answer given to our Commissioners there [Page 98]or to us here concerning the reasons of our demands, whether they satisfie or not, but a declaration given out, denouncing a warre, and armies coming upon us.

The Parliament of England (which was called up­on the sentence of the Councel, animated by the rela­tion made by the Commissioner, that it was fit to use force against us) hath not seen just cause of warre, or of giving moneyes for war, and so to enter in a nationall quarrell, and therefore is broken up; and yet the expe­dition ceaseth not.

By this time it may bee evident how matters stand, all being brought to a worse condition then at the be­ginning; nothing done nor granted for the enjoying of our Religion and liberties, but all the means which have been used by us, not onely before the Assembly and Parliament, but even in the Assembly, so peaceably ended with the consent of the Commis­sioner, are censured for Rebellion, Treason, and con­tempt of authoritie: Large profession is made before God and the world, of a constant intention, that wee shall enjoy our Religon and liberties, and more then this, we nor do nor did ever desire: how then cometh it that wee rest not satisfied, since his Majestie is dis­posed to grant all our desire? The fallacie may bee soone seen: The Declaration professeth, that his Ma­jestie never did hinder us from the enjoying of our Re­ligion, &c. because his Majestie is still in the opinion, at least our enemies would have it to appear, that the Service Book, the Canons, Episcopacie, are nothing against our Religion. And therefore would grant us a Religion, that may consist with them and take them all within the compasse of it: In this sense the Lutherans, [Page 99]Arminians, Papists were they our Superiours, would grant us the enjoying of our Religion, because they conceive it not to be Religion wherein we differ from them: and Politicks please themselves with a few prin­ciples of religion, & what is over those, to be but super­fluous or indifferent: And where it may be opposed, that his Majestie grants the enjoying of our Religion and li­berties according to our Ecclesiastical and civil laws, the same deception doth recurre, and can never be re­moved, till determination passe in Assembly and Par­liament, what are Religion and liberties by our laws: This was therefore the summe of our desires from the beginning, which his Majestie was also graciously pleased to grant, but when the Assembly hath con­veened and determined: And when it beginneth to ap­pear what the determination of the Parliament is like to be; then all is called and counted rebellion, Trea­son, and contempt of authoritie in the Assembly and Parliament, although proceeding soberly, posedly, and upon such grounds as were furnished by the lawes of the Kirk and Kingdome: This is the round that wee have runne, and wee are led back to the point at which we had our beginning. A circular course which forteth well with the advise professed in a divisive meeting in the time of the Parliament, and since discovered: I will never bee an adviser of his Majestie to invade this Kingdome by hostility, but to make shows upon our bor­ders, that we may be ever in armes, our means may be con­sumed, and we inpoverished, that so the King at last may obtain his ends: which is to turne this work into Pene­lopes [...]ebbe, to doe and undoe, and thus to labour in vaine: But the adviser might have been better acquain­ted with the Scottish temper of his own countreymen.

Seeing then that our humble desires of enjoying our Religion and Liberties, are the same which they were from the beginning: Religion principally, and things civill for Religion; that for obtaining them wee have not strayed from the fair and straight way of legall re­dresse by Assembly and Parliament, which his Maje­stie injustice did promise at the pacification. And con­cerning other demands, about matters Civill, although it be most certaine from by gone experience, that the corruption and thraldome of the Parliament hath been the occasion of the corruption and thraldome of our Kirk; That by our Records it is out of question, that the cognition and decision of the articles, doeth pro­perly belong to the Parliament; and that in Parlia­men: we have proceeded upon no other grounds, but the Lawes and laudable practices of this King­dome, never questioned before, but inviolably obser­ved, as the onely rule of government: yet lest pressing any of those too much, we should worke contrary to our own ends, and frustrate our selves of our desired peace; It hath been showne to his Majestie, that these demands were but motions and propositions made to the Lords of Articles to be by them prepared for the Parliament, where they might have their finall deter­mination from his Majestie and the Estates, as might serve most for the well-publicke, without trenching upon his Majesties authority. The proceedings there­fore of the Assembly, countenanced and concluded with the consent of his Majesties Commissioner, and of the Parliament now laid open to the world, aiming at no thing but the establishing of Religion & such things as should be judged necessary for peace as was agreed at the pacification, can never be found to be the true [Page 101]cause of warre. This must rest first upon the incendi­aries, who kindled the fire, and are now enraged when they find the smoake blowne in their owne eyes, and their owne nests thereby consumed; hopelesse to get it extinguished, and themselves builded up again to their content, by a faire and legall way. And next upon some others, whose exorbitancies cannot escape censure and punishment, and therefore they labour to have them drowned in the deluge of a common confusion.

When his Majesty with his honourable attendants came down the last year to the Border, they did see that Babell which the children of men had builded heere, and the affliction of this people by reason of their task­masters, and would it please his Majesty to peruse these papers, and to make a new tryall, as it is the glory of a King to search out a matter, wee would no more doubt of our own justification, nor we doe of his Ma­jesties justice: the light and influence whereof we finde ecclipsed and hindered by the intervention of the wic­kednesse of bad & unjust Ministers, to the darking also of his owne glory, which we heartily wish may shine as the Sunne, to the comfort of all his Dominions, ra­ther then to be turned into a storme and tempest of an unnecessary and unnaturall warre, which wee have la­boured by all meanes to prevent, and now resolve to endure by the helpe of God, and in hope of a happy successe, if the English as they are invited, or the Irish as we heare they have offered, shall come against us. To reduce us to obedience, neither of the Nations shall need, for we resolve to obey without force, the decrees of Assemblies and Parliaments, which are our sove­raigne Judicatures in Spirituall and Civill matters, and to which his Majestie hath remitted us; In this case [Page 102]wee onely appeale to that prime Law of Nature, Offer not that to another which thou would not have done to thy self: graced and perfected by the mouth of Christ, whose name wee all do beare: All things whatsoever yee would that men should do unto you, do yee even so to them, for this is the Law and Prophets. Wisedome would rather direct, without wronging of Pietie or Ju­stice, first to search the cause and fountaine of our troubles at home, and to take away the wicked before the King, and when this is done, and his Majesties Throne established in righteousnesse, then to joyne as one man against the two great Catholiques, the one a King, the other a Prelat, who have in their desires and hopes long agoe destroyed us, and as their opportuni­ties serve, cease not to invade us, or under-myne us. This might be a tryall both of others, and of us, whe­ther we are disaffected to pietie, or to his Majesties ho­nour and service; This might in end make both the King glorious, and the Kingdoms [...]o recover what glory any of them have lost. This would make the Lord of Heaven and Earth to say, ‘Drop down ye Hea­vens from above, and let the skyes powre down righ­teousnesse: let the earth open, and let them bring foorth salvation, and let righteous­nesse spring up together: I the Lord have created it.’