A TRUE REPRESENTATION OF THE PROCEED OF THE KINGDOM OF SCOTLAND; Since the late pacification: BY THE ESTATES OF THE KINGDOM: Against mistake in the late DECLARATION, 1640.  
Printed in the year of God, 1640.   

A true representation of the proceed of the Kingdom of SCOTLAND, since the late Pacification; By the Estates of the Kingdom, against mistake in the late DECLARATION, 1640.  
ALTHOUGH our adversaries should not only whet their tongues and swords, but also dip their pens in the gall of bitterness, and every day write a book against us in this cause, yet will it be accounted of us, as an ornament to our head, and a chain to our neck; for not we so much as truth itself doth suffer by them; It being their aim and design to make Antichristian error triumph above that truth, which is coaeval with time itself, & their Art & suitable cunning not only to conceal & deprave verities, which will prove the daughters of time, but also to forge such lies, as may serve most for their wicked ends; But it wounds us sore, that they are permitted to prefix the sacred face and name of authority, ordained of God to defend and vindicate truth, to their base and crooked ways, and that by their Sophistications, as the go of the Serpent, the world should be obfirmed in error, and the simple and ignorant pitifully seduced and snared, to be made the instruments of the execution of their malice and cruelty. We may truly say, if forgeries, depravations, and misconstructions were taken out of the minds and libels of our adversaries in this cause, they would be but poor and shrunken things, unpleasing to themselves, when they look upon them, and of small power to work upon others that hear them; but they find that this miserable mixture although agrosse embasement, maketh their mettle the more pliant and flexible, and to work the better for making up their Idol.  
That book which carried the name and title of His Majesty's large Declaration, hath yet received no publîck and particular answer. So many as are acquainted with our proceed since the beginning of this work, as have taken diligent heed to such pieces of ours, as it hath engrossed, which alone may be an antidote against all the venom of it, and as have perused what beside came from us, to the view of the world, do find that it hath nothing against the cause, or against the persons of men, but what they are able to confute from their own knowledge. Before that Declaration was seen of us, (for it was not intended to open our eyes, but to dazzle the sight of our neighbours, and therefore a long time kept without our borders) we had given unto his Majesty and the Nobility of England satisfaction concerning our proceed which were perverted by the author of that Declaration, the pacification was concluded, and an Assembly and Parliament promised and appointed: Like as at the time of the pacification, divers of his Majesty's gracious expressions were found contrary to the aspersions and blotts which had fallen from that foul pen. And this at that time was told his Majesty by some of our Commissioners, and did teach us how impudent the forger was, and how injurious to the King, from whose justice we hoped he should receive his deserved censure and punishment, at the desire and supplication of the Assembly and Parliament, which was judged to be a more generous way and more honourable for the King, the Kingdom, and many particular persons, who were known to be wronged, then to trifle with such a party in a reply about things that were passed, and to make the wounds green, which were begun to close; Neither in this was it our desire, so much to do the party hurt, as to make him repent and palinode, without which we cannot yet see, how either his Majesty can be restored to his honour, or the Kirk and Kingdom, and many of his Majesty's subjects repaired in their credit; Although we know that this our plain and open profession of our judgement and desire wîll make him (except God touch his heart) the more desperately wicked; and if he have any power, to abuse it, that he be not called to that reckoning which he is not able to make.  
The case is now changed, It was time then to keep silence, and now it is time to speak, when our just exceptions against this late Declaration, and our presenting of the naked and open truth, as in day light without masks and mummeries, may (if the Lord will) prevent the mischief now intended the second time, which was by other means in the mercy of God turned away at first. And if this our endeavour shall prove uneffectuall to our wished ends of tranquillity and peace, we must rest upon the determination of the Supreme providence, and upon this testimony, that we have delivered our own souls. The steps of the Declaration shall be trod by us, In the relation of our proceed from the pacification to the Parliament, In the time of the sitting of the Parliament, and after the Parliament to this day: In all which, when the Declaration wandereth out of the way, we shall modestly, and with that respect which we own to authority, which shall never be vilified, but ever be in high esteem with us, keep the way of truth, and shall note the wilful aberrations of our adversaries, whose delight is to walk in wander and by-paths.  
The question proponed in the beginning: who they are that have been the disturbers of the peace, is that which we desire to be debated, and may be the more easily and clearly defined, upon this threefold consideration. First, that Innovation in Religion, and the infringing of fundamental Liberties and Laws, which are universally acknowledged to be the main causes of commotions, have been the first motives and means of our Tempests and troubles: When Religion and Justice, which are the pillars of government begin to be shaken or undermyned, no marvel there be disturbance in the house of the Commonwealth, which yet is not to be imputed to all who are under the roof, but to such as have a hand, and are workers in the mischief. Secondly, our ways of redress and deliverance from common ruin, were no other, but humble and frequent supplications to the Council of the Kingdom first, and not being heard, in all reverence to the King himself, as the great Master of the house fair & legal protestations against the threatening & pressing evils, every one of them bearing the testimonies of our loyalty, & of our high honouring of Monarchical government in the Royal person of our native King: And when our supplications & protestations proved nothing but fuel to that fire, which was burning in the breasts of those Incendiaries our enemies, and had inflamed our King to take arms against us, and to put all in a common combustion; We did still present in the one hand our humble supplications, most earnestly begging to enjoy our Religion and Liberties, in peace, under his Majesty's happy government: And did hold in the other hand, the sword of just and innocent defence, against the oppression and violence of the Enemies of the King's honour, and of our peace; Which we are confident by no Law of God or Nations, can be judged to be rebellion or laes-Majesty. Our petition, at that time when we are said to have been in the height of rebellion, we have here set down whole, the Declaration containing but a part thereof. We did then write our mind, whereof we never did repent, and which we desire may be known to all men.  

To the Kings most excellent Majesty: The supplication of his Majesty's Subjects of SCOTLAND. humbly showing,  
THat where the former means used by us, have not been effectual for recovering your Majesty's favour, and the peace of this your Majesty's native Kingdom, we fall down again at your Majesty's feet, most humbly supplicating, that your Majesty would be graciously pleased to appoint some few, of the many worthy men of your Majesty's Kingdom of England, who are well-affected to the true Religion, and to our common peace, To hear by some of us, of the same disposition, our humble desires, and to make known to us your Majesty's gracious pleasure, That as by the providence of God we are joined in one Island, under one King, so by your Majesty's great wisdom, and tender care, all mistake may be speedily removed, and the two Kingdoms may be kept in peace and happiness, under your Majesty's long and prosperous reign: For which we shall never cease to pray, as it be cometh your Majesty's most humble Subjects.   
With the Supplication sent to his Majesty by the hand of the Earl of Dumfermling, a Letter was sent to the Earl of Holland, and others of the Council of England about his Majesty, In these words.  

MOST NOBLE LORDS,  
ALthough we have been labouring this long time passed by our Supplications, Informations, and Missives, to some of your Lordships to make known to his Majesty and the whole Kingdom of England, the loyalty and peaceableness of our intentions and desires, and that we never meaned to deny to his Majesty, our dread Sovereign, and native King, any point of temporal and civil obedience; yet contrary to our expectation and hopes, matters to this day growing worse and worse, both Kingdoms are brought to the dangerous and deplorable condition wherein they now stand in the sight of the world. In this extremity we have sent to his Majesty our humble supplication (beside which we know no other mean of pacification) and do most earnestly entreat, that it may be assisted by your Lordships, that if it be possible by a meeting in some convenient place, of some prime and well-affected men to the reformed Religion, and our common peace, matters may be accommodate in a fair and peaceable way, and that so speedily, and with such expedition, as that through farther delays, which we see not how they can be longer endured, our evils become not incurable: we take God and the world to witness, that we have left no means unassayed, to give his Majesty and the whole Kingdom of England, all just satisfaction: And that we desire nothing, but the preservation of our Religion and Laws. If the fearful consequents shall ensue, which must be very near, except they be wisely and speedily prevented, we trust they shall not be imputed unto us, who till this time have been following after peace, and who do in every duty most ardently desire to show ourselves his Majesty's faithful Subjects, and  
Your Lordship's humble servants.   
His Majesty being pleased to admit some of us to repair to the Camp near Barwick, and granting unto them a safe conduct under his Majesty's hand, our Commissioners presented our humble desires, the last words whereof are expressed in the Declaration, but we have set them down entire, that both the reasonableness of our petitions, and the loyalty of our hearts may be known to all men.  

First, it is our humble desire, that his Majesty would be graciously pleased to assure us, that the acts of the late Assembly at Glasgow shall be ratified by his Majesty in the ensuing Parliament to be holden at Edinburgh July 23. since the peace of the Kirk and Kingdom cannot endure further prorogation. Secondly, that his Majesty from his tender care of the preservation of our Religion and Laws, will be graciously pleased to declare and assure, that it is his Royal will, that all matters Ecclesiastical be determined by the Assemblies of the Kirk, and matters civil by Parliament, which will be for his Majesty's honour, and keeping peace and order amongst the subjects, in the time of his Majesty's personal absence. Thirdly, that a blessed pacification may be speedily brought about, and his Majesty's Subjects may be secured, our humble desire is, that his Majesty's ships and forces by land be recalled; that all persons, ships, and goods arrested may be restored, the losses which we have sustained by the stopping of our trade and negotiating be repaired, and we made safe from violence and invasion; And that all excommunicate persons, all Incendiaries and Informers against the Kingdom who have out of malice caused these commotions for their own private ends, may be returned to suffer their deserved punishment: And the Proclamations and Manifestoes scent abroad by them, under his Majesty's name, to the dishonouring of the King, and defaming of the Kingdom, may be suppressed. As these are our humble desires, so is it our grief, that his Majesty should have been provoked to wrath, against us his most humble & loving subjects; & shallbe our delight upon his Majesty's assurance of the preservation of our Religion and Laws, to give example to others, of all civil and temporal obedience, which can be required or expected of loyal subjects.   
Of those our desires, the grounds and reasons following were given in writ at his Majesty's command.  

REASONS AND GROUNDS of our humble desires.  
WE do first humbly desire a ratification of the acts of the late Assembly in the ensuing Parliament. 

1. Because the civil power is the keeper of both Tables, and whereas the Kirk and Kingdom are one body, consisting of the same members, there can be no firm peace nor stability of order, unless the Ministers of the Kirk in their way press the obedience of the civil Laws and Magistrate, and the civil power add their sanction and authority to the constitutions of the Kirk.  
2. Because the late General Assembly, indicted by his Majesty, 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 Assembly, which is not grounded upon the act of preceding Assemblies: And is either expressly contained in them, or by necessary consequence may be deduced from them, That the Parliament be keeped without prorogation, his Majesty knows how necessary it is, since the peace of the Kirk and Kingdom call for it without longer delay.    
We did secondly desire, that his Majesty would be pleased to declare and assure, That it is his Royal will, that all matters Ecclesiastical be determined by the Assemblies of the Kirk, and matters civil by the Parliament, and other inferior Judicatories established by Law; because we know no other way for preservation of our Religion and Laws; and because matters so different in their nature, aught to be treated respectiuê in their own proper Judicatories. It was also desired, that Parliaments might be holden at set times, as once in two or three years, by reason of his Majesty's personal absence, which hindereth the Subjects in their complaints and grievances, to have immediate access unto his Majesty's presence. And where his Majesty requires us to limit our desires to the enjoying of our Religion and Liberties, according to the Ecclesiastical and civil Laws respectiuè. We are hearty content to have the occasion to declare, That we never intended further than the enjoying of our Religion and Liberties: And that all this time past, it was fare from our thoughts and desires to diminish the Royal authority of our native King and dread Sovereign, or to make any invasion upon the Kingdom of England, which are the calumnies forged and spread against us, by the malice of our adversaries: and for which we humbly desire, That in his Majesty's justice they may have their own censure and punishment. Thirdly, we desired a blessed pacification, and did express the most ready and powerful means which we could conceive for bringing the same speedily to pass, leaving other means serving for that end, to his Majesty's Royal consideration and great wisdom.   
Before his Majesty gave an answer to our above written desires, Three Querees were read out of a paper by his Majesty to our Commissioners: Unto which they gave a present answer by word, and at his Majesty's instance prepared their answers to be exhibit in writ, but they were not called for.  



THE QUEREES.  
1. WHether we acknowledge the King's Majesty to have the sole indiction of Assemblies?  
2. Whether his Majesty hath a negative voice in Assemblies?  
3. Whether his Majesty hath the power of raising Assemblies?    


ANSWERS.  
1. THat it is proper for the General Assembly itself to determine questions of this kind, and it were usurpation in us, which might bring upon us the just censure of the General Assembly, to give out a determination.  
2. The answering of one of those three demands, is the answering of all; for if the sole indiction belong to his Majesty, there needeth no question about the negative voice, and dissolving of Assemblies: Next, if his Majesty hath a negative voice, there needeth no question anent the indiction and dissolving, and if his Majesty may discharge the Assembly, there needs no question about the other two.    
For our parts we humbly acknowledge, that the King's Majesty hath power to indict the Assemblies of the Kirk, and when in his wisdom he thinks convenient, he may use his authority in convening Assemblies of all sorts, whether general or particular: We acknowledge also that the solemn and public indiction by way of Proclamation and compulsion, belongeth properly to the Magistrate, and can neither be given to the Pope, nor to any foreign power, nor can it without usurpation be claimed by any of his Majesty's subjects: But we will never think that his Majesty meaneth, that in the case of extreme or urgent necessity, the Kirk may not by herself convene, continue, and give out her own constitutions for the preservation of Religion.  

1. Because God hath given power to the Kirk to convene: The Son of God hath promised his assistance to them being convened, and the Christian Kirk hath in all ages used this as the ordinary and necessary means for uniform establishing of Religion and Piety, and for removing of the evils of heresy, scandals, & others of that kind, which must be, and would bring the Kirk to be no more, if by this powerful remedy they were not cured and prevented.  
2. According to this divine right, the Kirk of Scotland hath keeped her General Assemblies with a blessing from Heaven; for while our Assemblies continued in strength, the doctrine, worship, and discipline, the unity and peace of the Kirk continued in vigour; Piety, and Learning were advanced; and profanity and idleness censured.  
3. The Kirk of Scotland hath declared, that all Ecclesiastical Assemblies have power to convene lawfully together for treating of things concerning the Kirk, and pertaining to their charge, and to appoint times and places to that effect.  
4. The liberty of this Kirk for holding Assemblies, is also acknowledged by Parliament, and ratified by acts thereof, which is manifest by the act of Parliament holden in anno 1592. and that upon the ground of perpetual reason.  
5. Because there is no ground either by act of Assembly or Parliament, or any preceding practice, whether in the Christian Kirk of old, or in our Kirk since the reformation, whereby the King's Majesty may dissolve the General assembly, or assume unto himself a negative voice: but upon the contrary, his Majesty's prerogative is declared by act of Parliament, to be nowayes prejudicial to the privileges and Liberties which God hath granted to the spiritual office-bearers of his Kirk, which are most frequently ratified in Parliament, and especially in the Parliament last holden by his Majesty.  
6. By this mean, the whole frame of Religion and Kirk Jurisdiction, shall depend absolutely upon the pleasure of the Prince, whereas his Majesty hath declared by public Proclamation in England, that the Jurisdiction of Kirk men, in their meetings and courts holden by them, doth not flow from his Majesty's authority, notwithstanding any act of Parliament, which hath been made to the contrary, but from themselves, and their own power, and that they hold their courts and meetings is their own name.    
After much agitation, and many consultations, his Majesty's Declaration touching the intended pacification was read to our Commissioners; who upon their dislike and exceptions taken both at matter and expressions, as contrary to our minds, and prejudicial to our cause, did humbly remonstrate, that the Declaration as it was conceived, could not give satisfaction to us from whom they were sent; His Majesty was graciously pleased to command some words to be deleted, other words to be changed, and many parts thereof were by verbal promises and interpretation from his Majesties own mouth mitigated, which in our estimation were equal to that which was written, some of the Counselors of England, assuring our Commissioners, that what was spoken and promised before men of honour, and in the face of two Armies, was no less certain, and would (no doubt) be as really performed, as if it had been written in capital Letters; which therefore were diligently observed, carefully remembered, and punctually related by our Commissioners at their delivering of his Majesty's Declaration to us: And without which, we nor could nor would have condescended and consented to the articles of the Declaration, more than we could or would against the light of our minds and consciences have sinned against God, and condemned our own deed. Thus, way was made to the pacification, and for praeoccupying all mistakes whether wilful possibly by some, or through weakness of memory by others: These vocal interpretations and expressions were collected, keeped by ourselves, and in papers delivered to some of the Counselors of England in the words follow-ing.  

Some conditions of his Majesty's Treaty with his Subjects of Scotland, before the English Nobility are set down here for remembrance.  
AS for the preface and conclusion of his Majesty's last Declaration, although it contained hard expressions of the Subjects in Scotland, yet his Majesty declared that he had no such opinion of them, but required the paper to stand for his credit, and for a point of honour with foreign Nations, and required they should not stand with him for words and expressions, so they obtained the matter.  
2. As for calling the late Assembly pretended; seeing the Subjects of Scotland professed they would never pass from the said Assembly, and decrees thereof; His Majesty professed, as he did not acknowledge that Assembly, further than as it had registrat his Declaration: so would he not desire the Subjects to pass from the 'samine.  
3. Concerning the constitution of the Assembly, It was shown his Majesty that none could be members of the Assembly, but such as had a Commission, viz. two or three Ministers from every Presbytery, with a ruling Elder, one from each Burgh and University, and his Majesty's Commissioner. His Majesty contended; that his Assessors had vote, and upon an expression in his Majesty's Declaration, that referred to some reasons contained in former Proclamations, which were totally against the lawfulness of ruling Elders: It was desired that according to the custom of this Kirk, all contraversies arising, should be remitted to the Assembly itself, His Majesty had some expressions craving these to be remitted to himself, but being told that it was against the constitutions of the Kirk, to have any other Judge, but the voycer of the assembly, where his Majesty, or his Commissioner should be present, and give the first voice; It was concluded, that the word Free Assembly in his Majesty's Declaration, did import the freedom in judging all questions arising there, concerning constitution, members or matter.  
4. Concerning the restitution of the Castles, as the subjects did it freely, so did they express that what might concern the safety of the country, they referred to the time of the Parliament, at which time they should signify their desires by Petition to his Majesty. As also they told it had cost much charges in fortifying and keeping thereof: The representation whereof to his Majesty, they referred to that time.  
5. Concerning the restitution of persons goods and houses required by his Majesty, It was promised, providing the great sums contracted for the public, were repaid in an equal way by all, which behoved to be done either by commission from his Majesty, or by Parliament. And when it was objected, that much goods were already spent: The King answered, That as for goods or ammunition that was spent, they could not be restored; but these that are extant, must be.  
6. His Majesty not allowing of the late assembly, for the reasons contained in his several Proclamations, being excepted against, as a declaration of his Majesty's judgement against ruling Elders, which prejudged the right constitution of a free assembly: His Majesty after full hearing deleted that clause.  
7. That part of his Majesty's Declaration, which bears, that no other oath be exacted of Intrants, then that which is contained in the act of Parliament, as also that clause bearing, that the pretended bishops &c. shallbe censurable by the general assembly, being excepted against, as presupponing and importing the continuance of episcopacy, which we could not acknowledge, as being incompatible with the Confession of faith, and constitution of the Kirk: His Majesty was pleased to delete both these clauses.  
8. And it being with all instancy and humility pressed Saturday June 15. That his Majesty would satisfy that main desire of the Subjects, by declaring, that his Majesty would quite episcopacy, did answer, that it was not sought in our desires: And when it was replied, that our first desire to have the acts of the general assembly ratified, imported the same, his Majesty acknowledged it to be so, and averred that he did not refuse it, but would advise till monday the 17. At which time his Majesty being pressed to give some signification of his quyt●ng episcopacy: and it being plainly shown to his Majesty, that if he would labour to maintain episcopacy, it would breed a miserable schism in this Kirk, and make such a rapture & division in this Kingdom, as would prove uncurable: and if his Majesty would let the Kirk and Country be fred of them, his Majesty would receive as hearty and dutiful obedience as ever Prince received of a people. His Majesty answered, that he could not prelimite and forestall his voice, but had appointed a free assembly, which might judge of all Ecclesiastical matters. The constitutions whereof he promised to ratify in the ensuing Parliament.   
It were against duty for us to doubt of his Majesty's intention to be personally present in the Assembly, as it is expressed in the foresaid Declaration. And we are no less assured, that if it had pleased God so to dispose, matters this day might have been in a better and more peaceable posture, through giving and receiving in presence, mutual contentment betwixt the King and his Subjects: But the penner of the Declaration hath been evil advised, in rendering the reasons of his Majesty's diversion, from any disorders in Edinburgh, or from the refusal of some Noblemen and others to go to Barwick. For that stir of some of the people did arise upon a rumour, that the Lord Aboynd who had lately come from the troubles in the North, where some of Edinburgh had lost their friends and acquaintance: And that the late pretended bishop of Edinburgh, (the more odious to the people, that in the recent Proclaclamation the prelates were called to be members of the Assembly) that they both were at that time in the Coach, about which the multitude made the concourse: But no sooner were the persons discerned, and the Lord Thesaurer seen and known, but the tumult incontinent ceased. All which being made known to his Majesty by Commissioners sent from Edinburgh, and seconded by the Lord Thesaurer his own relation, his Majesty seemed to rest satisfied.  
Neither was the refusing of the Lords and others sent for, the true cause of his Majesty's going away: What means have been used by some bad instruments to disturb and cut off a treaty of peace, is too manifest from the records of times past; when men simulat and make a show to do that of a free mind, which indeed necessity constraineth them to do for the time, there can be no firm peace expected. Wicked men also who find themselves prejudged by a treaty of peace, have found no way more certain against it, then to go about to commit some foul act against them, with whom they would not have the accord to stand: And it hath rarely come to pass, that the best Princes have been suffered by malcontents to keep the conditions of peace, which they have made with their own subjects; For here it is no great difficulty, to foment division, and to make an exulceration in the mind of sovereignty. We will not express what by relation, and not by conjecture, but by îndicative signs we learned at that time; But will only give the causes why the fourteen select persons called for by his Majesty, were not suffered to go to Barwick.  

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 Berwick.  
1. HIs Majesty hath not been in use at any time of the greatest security to call any of his Majesty's Subjects out of the Kingdom after this sort: At this time than which is so full of fears, to call for so many of such Noblemen, without any warrant or command sent to themselves, it seems to us strange, and may we not say, was ever his Majesty, or his Royal Father wont to do so unto us, since their going to England unto this day? Although his Majesty's Declaration at Dunce, contrair to our mind and merit, did call the late Assembly, a pretended Assembly, our humble and loyal proceed, disorders; our courses, disagreeable to Monarchical government; and did threaten us with the terrors of his Majesty's wrath; yet our desire is to live a quiet and peaceable life under his Majesty's government, and our zeal to his Majesty's honour, although with some aspersion put upon ourselves before the world, moved us to receive them, because of divers gracious expressions related from his Majesty's mouth by our Commissioners, which we did gladly hear, and did note diligently for our own content, and that we might be able to satisfy 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 verbal expressions are denied, which makes our hopes to waver, giveth us great cause of Jealousy and suspicion, and moveth us to call in question all other reports made to us from his Majesty.  
2. His Majesty 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 rendering of the Castles, the dissolving of the Army; It had then been required that those fourteen should be sent to the Camp, or to Berwick, the condition had been harder then that we could have yielded unto it.  
3. Because we cannot judge the intentions of minds, and disposition of hearts, but by that which we hear with our ears, and doth appear in action. We desire to be considered, that all expressions of favour are put upon our adversaries, they esteemed and called his Majesty's good Subjects; and their practices, his Majesty's service; Upon the contrair, whole volumes are spread, and even since the treaty put in all hands against us, not only stuffed with such reproaches against almost the whole Kingdom, and particularly against the persons now sent for: That it were a dishonour to the King to have such a Kingdom, and a shame to be set over such subjects as we are descryved to be; But also containing threaten and vows of exemplar punishment upon such as they are reported to be: That the troubles of the Northern parts of the Kingdom 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 cruel and bloody words against the Scottish Lords have been overheard in Barwick: and, which we could not have believed, but that it is testified by so many Letters sent hither; That our friends and Countrymen not only in Ireland, but even now in England, are not only stopped in their trade, but casten in prison for the modest refusing to take oaths contrair to their oath and Covenant, which they have sworn in their own Country: a violence not used before the treaty of peace, contrair to the Law of Nations, to the rule of common equity, of doing that to others, which we would they should do unto us, and to the articles of pacification agreed upon with his Majesty.  
These and other the like considerations do so work upon us, that for the present except we do against our own hearts, and deny our own sense, we cannot give way to so eminent persons to repair to Barwick, which we trust his Majesty neither will interpret to be disobedience, nor diffidency, since we have been all careful 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 be ready for our own parts, to give the most ample testimony of our obedience to his Majesty's commandments, and of our confidence in his Majesty's Justice and goodness, as his Majesty shall really find, and experience at his coming, and during his abode in the Kingdom: For we are assured what hath been committed by any since the begun pacification, contrair to any of the articles thereof, hath proceeded from the disposition of wicked instruments about his Majesty, who are enemies of his Majesty's honour, and our peace, and have been the authors of all our woeful divisions, which we beseech the Lord to put to an end, by an happy and everlasting peace.   
The darkness of those clouds which than threatened the storm now like to fall upon this Island, had been easily scattered by the brightness of his Majesty's presence in his Royal person, which would have been so fare from danger (as the Lord is witness, never any such treacherous intention or motion entered in our hearts) that never was there a King more hearty welcomed, more cheerfully entertained, and more universally accompanied with congratulations, and acclamations of joy; then his Majesty would have been, if he had come and stayed in this his native Kingdom, till that had been performed in Assembly and Parliament, which was promised in the articles of pacification; But God would not have it so: And his Majesty show to our Commissioners, That weighty affairs of the Kingdom of England, did call for his Majesty's presence, whereof he had received advertisement from the Council of that Kingdom: But that he would appoint a Commissioner in his place, fully instructed for the Assembly and Parliament. By all which it is apparent, that neither any tumult in Edinburgh, nor the not coming of the Noblemen and others called for, was so much as pretended at that time, to be the change of his Majesty's resolution.  
Having now represented, that the Innovation of our Religion, and the infringing of our Liberties, were the first causes & motives of our troubles. Secondly, that we did humbly & frequently supplicat & protest for remedy, & that in a most quiet & peaceable way; that never ceasing from our humble supplications, we did take Arms merely for our own defence, whereof we devested ourselves how soon any tolerable pacification could be obtained, resolving upon the hope of enjoying of our Religion and Liberties, by the help of our God to bear our own burdens. We come to our third consideration to vindicat ourselves from the breach of peace, which we trust will be a work very easy for us in the minds of so many as will be pleased to judge unpartially, and without prejudice to hear the plain truth: For nothing is now after so many days, and so hard dealing laid to our charge, which was not before his Majesty's parting from Barwick, both objected by our adversaries, and so fully answered by our Commissioners sent from us, that his Majesty was pleased to continue in his purpose, and to renew his Royal promise of holding the Assembly and Parliament: If his Majesty was not then satisfied without answers, how was it that the Assembly and Parliament, the sum of all our desires were still granted: and if his Majesty was then satisfied with our answers, how cometh it that we should be charged with the same aspersions which were purged before. This Sophistical wrangling, and gross wronging of the truth, may perhaps gain some ground upon the credulity of strangers, who are not acquainted with the order of our proceed, but can have no power with us, or with others who were witnesses to our ways, but to make us the more affectionate to the cause, and them more affectionate to us, whom they know to be borne down, not only by violence, but by calumnies and contradiction. We present therefore in this place both the articles where with we were charged 1639. July 18. and the answers given unto them.  

Articles wherewith we were charged July 18. 1639. after the pacification.  

1. ENglish skippers abused at Leith.  
2. Ammunition not all restored.  
3. Forces not dismissed, and in particular Munro his Regiment yet keeped afoot.  
4. General Leslies' commission not yet given up.  
5. Fortifications not so much as begun to be demolished.  
6. Their unlawful meetings still keeped afoot, whereby our good subjects are day lie pressed to adhere both to their unlawful Covenant, and pretended Assembly at Glasgow.  
7. Protesting against our gracious Declaration of the Act of pacification, published in your Camp at Dunce.  
8. Protestation made publicly at the time of the Indiction of the Assembly.  
9 Protestation made against our command of the down-sitting of the Session.  
10. Why seditious Ministers, who in their Sermons preach seditiously, are not taken order with.  
11. Why our good subjects are deterred and threatened if they shall come home to their own native country, and their houses.  
12. Our subjects are required to subscribe the acts of the late pretended Assembly, or the Covenant with the addition.  
13. Order is not taken with the persons who have committed insolences upon our officers, and other our good subjects.  
14. None are admitted or allowed to be chosen members of the ensuing Assembly, except such as do subscribe and swear to the ratification of the former Assembly.  
15. Our good subjects, who have stuck by us and our service, are publicly railed upon in the streets, and pulpits, by the name of traitors, and betrayers of the Country.  
16. Ministers are daily deposed, for not subscribing to the ordinance, anent the pretended Assembly and Covenant.  
17. Why Balmerinoch and his associates did stop our good subjects from coming to us, when they were ready and willing to have obeyed us, and our commands.  
18. The paper divulged, and if they avow the same.   

Our answers at that time to those articles.  
TO the first, It is answered, That the process led before the Bailies of Leith, and the parties and witnesses depositions taken before Captain Fieldoun 22. of July instant, will clear this, and witness against them, that they have contradicted themselves, and so are not worthy to be believed.  
To the second, The Cannon which were at Leith are delivered unto the Castle already, & the rest shallbe delivered in with all possible diligence at farthest before Saturday next at night: As for the Muskets, all those which we conceive were taken, are already delivered. And if the Lord Thesaurer can prove, that any of our society did receive any more, the same shall be restored, or the price thereof. And the 54. barrels of powder shall be paid for: The ball was not made use of, but all lying still where they were.  
To the third, Since his Majesty will have that Regiment disbanded, the same shall be done presently; But we humbly beg, that his Majesty would be pleased to dismiss the Garrisons in Barwick, carlil, and the rest of the borders.  
The fourth is obeyed by the General his surrender, which he had pressed many times before.  
To the fifth. The Town of Edinburgh pretends by their Rights and Charters granted from his Majesty's Predecessors, a power to fortify Leith, which must be discussed before it be taken away. And yet for to show their readiness to give his Majesty all contentment, they shall before the Parliament, cause make a slope or two in the Fortifications, which if his Majesty and Parliament find that they shallbe casten down, It must be at the King's Majesties, and not upon their charges.  
To the sixth, It is denied that any meetings are keeped, but such as are agreeable to the acts of Parliament: and although we must adhere to our most  and lawful Covenant, yet (to our knowledge) none hath been urged to subscribe it.  
To the seventh, It is denied that any Protestation was made against his Majesty's gracious declaration of the pacification; but by the contrair, both at Dunce and Edinburgh public thanksgiving was given, with a Declaration that we adhere to the Assembly.  
To the eighth, it is answered, that we could not pass by the citation of Bishops to the Assembly without protestation, seeing our silence might have inferred us to have acknowledged them to be members of the Assembly.  
To the ninth, there was nothing protested against the Session to infer any claim, that any Subject, or all the Subjects hath power to hinder or discharge them: but only in respect of the times, when neither the Liedges could attend, neither had they their writs in readiness to pursue or defend, they behoved to protest for remeed of law, in case any thing should be done to their prejudice.  
To the tenth, we know no such seditious Ministers: and when any Ministers alleged seditious, shall be called before the Judge ordinar, they shall be punished according to justice.  
To the eleventh, we know none of his Majesty's good Subjects, who are now deterred or threatened, nor do we allow that any should be troubled, otherways then by order of law, and if any fear themselves, there is an ordinar way in justice, which they may use: And if under the name of good subjects, be meaned excommunicate persons, who by the Laws of this Country should be rebels, and caption used against them, which hath been desired by the Kirk and Country, and refused, and who also are the authors of all the evils have come upon this Kingdom, none can give assurance for their indemnity, who stands thus guilty and odious to the whole people.  
To the twelfth, it is answered in the answer to the sixth.  
To the thirteenth, the reason that the Magistrates of Edinburgh did not go on in the strictest way of justice in that business, was, because the Lord Thesaurer thought that the too strict going on in that matter, might hinder his Majesty's better service. Likeas the Magistrates used all possible diligence to try who were the actors; and having examined divers of them, who were alleged to have been of that number, they all denied, and no proof could be had against them: One whereof was the wife at the nether Bow, and one Little a Barbour.  
To the fourteenth, this is denied, because to our knowledge no such exception hath been at any of these elections.  
To the fifteenth, there are none who are alleged to have railed either in streets, or in the Pulpits, who shall not be made answerable and liable to the law, for what they have spoken, when they shall be accused before the judge ordinar.  
To the sixteenth, it is denied.  
The seventeenth, Balmerinoch was already cleared, that he was not the cause of their stay; and those that did stop them, did it for the reasons contained in the paper herewith given in.  
To the last, as we are most unwilling to fall upon any question, which may seem to import the least contradiction with his Majesty, so if it had not been the trust which we gave to the relation of our Commissioners, who did report to us his Majesty's gracious expressions related daily to us at Dunce, and put in note by many of our number, which were a great deal more satisfactory to us then the written Declaration; the same would not have been acceptable, which did call the Assembly pretended, our humble and loyal proceed, disorders, our courses disagreeable to Monarchical government: nor the castle of Edinburgh randred (which was only taken for the safety of the town of Edinburgh) simply, without assurance by writ, of their indemnity, except for the trust we reposed in their relation, and confidence in his Majesty's royal word, which we believe they did not forget, but will bring those who did hear the treaty to a right remembrance thereof, which paper was only written for that cause, lest either his Majesty or his Subjects should aver that they spoke any thing without warrant.    
After these answers were received by his Majesty, and our petition of an Assembly and Parliament granted, we never did fear or imagine, that we should be challenged any more of not performing on our part the articles of pacification, yet is the accusation now renewed more odiously than before, and our answers suppressed, as if they never had been made or received; which layeth a necessity on us to take a second view of both, that our fidelity in performing what in the integrity of our hearts was promised, and our detestation of the wickedness of falsehood and breach of faith; as contrary to the clear and round dealing of our progenitors, to the nature of the cause, and truth, for which we have run the hazard of all that we are and have in the world, and to the duty of faithful Subjects, may be known to all men, who will not turn their back upon the Sun, and love not darkness more than light.  
How far we were from any scandalous protestation, tending to his Majesty's dishonour, or to encourage the Subjects to mutiny (with which we are burdened at the publishing of his Majesty's will at the Camp, before the disbanding of our forces) and how unjustly this is laid to our charge, will appear by the naked representation of what passed at that time: First, we witnessed our thankfulness for his Majesty's justice and goodness, and next our care to keep ourselves from perfidiousness against God, which cannot be dishonourable to the civil government, and whereofour Commissioners made open profession before his Majesty: Nothing was done at this time, which was not done before at his Majesty's Camp; and which was not very many times acknowledged after by his Majesty's Commissioner in the Assembly: But the Paper will best speak truth.  

Information against all mistaking of his Majesty's Declaration.  
LEst his Majesty's Declaration of the date 18 June, containing the answer to our humble desires presented by our Commissioners, should be either mistaken by the well affected, or wilfully misconstrued by the malicious, whereby his Majesty's justice and goodness may be concealed, or his Majesty's good Subjects may appear to have done or admitted any point contrair to their solemn oath and Covenant. The General, Noblemen, Barons, Burgesses, Ministers, and Officers, convened at Dunce before the dissolving of the Army, have thought necessary to put in writ, what was related to them by the Commissioners from his Majesty: To wit, that as his Majesty declared that he could not acknowledge nor approve the late general Assembly at Glasgow; for which cause it is called in his Majesty's Declaration, A pretended Assembly: So was it not his Majesty's mind, that any of the petitioners by their acceptance of the said Declaration should be thought to disapprove or part from the same, or condemn their own proceed as disorders and disobedient courses; And therefore as they do entreat all his Majesty's good Subjects, with most submissive and hearty thanksgiving, to acknowledge and confess his Majesty's favour, in indicting a free Assembly 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 powerful means to settle this Kirk and Kingdom: So would they have all his Majesty's Subjects to know, that by accepting the said Declaration, and articles of pacification joined therewith, they did not in any sort or degree disclaim or disavow the said Assembly, but that they still stand obliged 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 Majesty's declaration shall be published, which as it is his Majesties own mind expressed divers times to our Commissioners; so are we assured, that it will serve much for his Majesty's 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 worthy of it: And to beseech the Lord that by the approaching Assembly and Parliament, Religion and righteousness may be established in the land.   
2. The paper containing some of his Majesty's expressions in the time of the Treaty, which were put in the hands of the English and others, and which we have remembered before in the own place, hath suffered innocently. For 

first, it was the mean that brought about the pacification, and gave some satisfaction to his Majesty's Subjects, against certain words and clauses of the Declaration, which without that mitigation they would never have been able to digest.  
2. It did bear nothing contrary to the articles of pacification, but was a mollifying of his Majesty's Declaration, that it might be the more ready received by the Subject.  
3. It had been extreme and more than imaginable impudency, to put in the hands of the English Nobility, a paper professing what was openly spoken a little before in their own hearing, that it might be remembered afterward, as occasion should serve, and yet containing untruths, and seditious positions contrary to all that was done for peace.  
4. When there was great murmuring, and many exceptions taken at the words of the Declaration, our Commissioners were careful to remember every lenifying sentence and word, which proceeded from his Majesty's mouth, and the hearers were no less careful to note all with their pens, which was by them related, every man according as he was able to conceive.   And thus at first there were relations somewhat different one from another both in word and writ (an evil very ordinary at such times;) till our Commissioners joining, did bring all to their remembrance, that neither more nor less might be written, then was spoken, and what was written, might be delivered to some of the English, ad futuram rei memoriam: One thing, it may be, hath fallen further contrary to his Majesty's desire, that the paper hath come to the knowledge of strangers, which we may aver hath not been done by us, and which was impossible for us to avoid: for our Commissioners to bring about the desired peace, could not in their relations conceal his Majesty's favourable expressions, and those intended for our own tranquillity coming in so many hands at home, have possibly been divulged, and unnecessarily carried abroad, contrary to our intentions and desires. This in the simplicity of our hearts, we declare to be the plain truth of that which hath been before, and is now so much noised. And it is very likely that the smoke of the fire, and the hand of the hangman, have carried it to the knowledge of many, who would never have heard of it by the breaths or hands of others.  
3. As in gathering our forces, our design was for our own defence, & for his Majesty's honour, which would be speedily discerned if the enemies of this Kingdom, who are taken for friends to the King, were put to the trial with us in another cause, that did touch his Majesty's honour: So did we within the space of 48 hours, the time appointed by his Majesty, dissolve our army, and upon his Majesty's advertisement, did also disband that one Regiment spoken of before in our first answers. Concerning the Officers we were careful, both to observe that article of the pacification to his Majesty, and also to keep promise to them, which did bind us, not to hold them in military pay, but to vouchsafe them entertainment, till they should be restored to their own, or called to other service, which ought not to be taken for any breach, contempt, or disobedience, but for an observation of the law of nature, and common equity; they being our own natives, and having forsaken their places and means for defence of us, and their native Country. Less than this neither could they expect nor we perform, although the peace had been most firmly settled.  
4. All Forts and Castles were speedily restored, and more strong and in better condition than before, although they be now used for a terror and for invasion against us: the whole Ordinance put in the own place, with the ammunition, except a few Muskets, and a little not considerable quantity of powder, which was spent, and yet remitted to count and reckoning. All fortifications did desist: Some part of the fortification of Leith was demolished for his Majesty's satisfaction, and the whole remitted by his Majesty to the town of Edinburgh, as having right to the same.  
5 The nature and necessity of our meetings was represented to his Majesty at the pacification, we had neither keeped any before nor have keeped since, but such as are warranted by the acts of Parliament, law of nations, and by his Majesties own permission for mutual relief of our burdens, which by this threatened invasion grow greater every day, wherein nothing is done which either belongeth to the ordinary judicatours of Council or Session, or which tendeth to the vexation of any of his Majesty's Subjects, but consultations had for our necessary defence, and such admitted to join with us, as willingly offer themselves, after their straying from us, and from the cause, which they now acknowledge they ought from the beginning to have maintained with us.  
6 We remember of no other fortification mentioned in the Treaty to be demolished, but that of Leith; neither do we understand what is meaned by this sixth accusation; having given obedience in the greater, we would not have failed in the lesser to give all content.  
7. Some of the non-covenanters have not indeed entered in the possession of the houses and lands of his Majesty's good Subjects, which in the beginning they projected for themselves in the fancies of their heads, and earthlines of their hearts, yet none (to our knowledge) have been impeded after the pacification, to return to their own houses, and to live in peace, although their provocations by secret dealing and writing against us, and by their daily boasting and raylings have been many, whereof they will then repent themselves, as others have done, when they shall see their own follies and wander, as birds from their nests.  
8. It is manifest by the eight article of this Manifesto, that the King's Majesty is highly wronged in his honour, by such perverse instruments, as have their hand in works of this kind against his loyal and loving Subjects: For where his Majesty at the Camp was graciously pleased upon good reason, and at the desire of our Commissioners to command the blotting of a clause out of the Declaration, in these words, For the Reasons contained in our former Proclamations; which how material and important it was, so many as are acquainted with those Proclamations, can easily judge. And likowise the Declaration was signed without it by his Majesty's hand, and now pag. 7. is printed without that clause, for there it had been palpable yet in this our accusation, this contentious pen, hath dared against his Majesty's mind to foist and stuff in these words again, that he may make matters worse than they were at the beginning: It would appear that he hath not been well pleased with the blurring of the first draught, and that either the malice of his heart, or the conceptions of his brain sway him more than the Kings will, or the good of the King and Kingdom. It is here laid to our charge, that the Subjects have been pressed by us, to swear and subscribe the acts of the Assembly at Glasgow, but the truth is, whatsoever was the power of the Kirk to press that oath and subscription in an Ecclesiastical way, yet no man de facto was urged unto it: Some prevaricators who would have cheated us, have been refused, but none have been pressed. What is objected concerning that tumult of some people in Edinburgh against the Lord Thesaurer, and others, is answered before.  
9 Concerning the freedom of the Assembly at Edinburgh, called by his Majesty's authority: It was acknowledged by his Majesty, that what questions might arise about the matters, members, or manner of the Assembly, should be determined by the Assemby itself, as the only proper judicature; and his Majesty's Commissioner in his name did openly consent to the constitution of the Assembly, in all the members thereof upon the sight of their Commissions. All which were publicly read, and to all the acts of the Assembly, from the first to the last, and particularly to the act August 17. Declaring the government of the Kirk by bishops, to be contrair to the Confession of Faith and constitutions of this Kirk, and to the act which declared some former Assemblies to be null amongst many other reasons; upon this ground, that Prelates without any warrant from the Kirk, were admitted to be members thereof: Yet there be here two pretexts alleged against the freedom of the Assembly at Edinburgh, the one untrue de facto, for no such ways were used before the Assembly, nor any such thing objected by his Majesty's Commissioner in the Assembly; the other unjust de jure, that the prelates were not admitted to be members of the Assembly; although at the time of the treaty his Majesty did not expect that they should be admitted, and yet resolved to grant a free Assembly; By which it is now too manifest what his Majesty's mind is both of the late Assembly at Edinburgh, which yet was called by his Majesty's authority, and countenanced by his Commissioner, and of Episcopacy, although removed out of this Kirk by the consent of his Majesty's Commissioner: And by which every man may easily judge, whether the matters of Religion and the Kirk be settled and secured, as is pretended by our adversaries, going about to work division. This is the prevailing power of our enemies, without respect to the King's honour, or to common truth and honesty: that what was done before by his Majesty's consent, may be undone, and that the pacification no more have place, but all may be involved in a bloody war: The ground of pacification was a free Assembly and Parliament: Now the one although peaceably closed is denied to be free, and the other is hereby declared to be unprofitable for the good of the Kirk.  
10. The distinction made by the writer of the Declaration; of Traitors to God and to the Country, upon the one side, and Traitors to the King, on the other side, deserveth no thanks from the King, nor approbation from any good and wise Subject. It is evil policy, and worse divinity: for Traitors to God and their Country, must be Traitors to the King; and such as are faithful to God and the Country, must be the King's best Subjects: He is the greatest Traitor, who laboureth to divide the three whom the first hath so nearly joined. The right of his Majesty's Crown and the acts of Parliament command all the Subjects to rise with their King, and to assist him when heriseth for God and the Country: But no right nor act of Parliament forbiddeth to stand for God and the Country in the case of public invasion. To strike upon this string were to fall in the fault which we have even now reproved, and will never fill the ears of the King and the Subject with a pleasant harmony. We only declare that what soever have been the merits of those who have gone out from us, and have wrought division between the King and the Country, we neither have pretended nor have threatened to proceed with censures against them; their complaints arise not from us, but from their own fears and furies within, which begin to waken and vex them.  
11 It was fare from our thoughts to usurp any part of his Majesty's royal power, in discharging the attendance of his Majesty's Subjects at the Session, which we never did call in question; we did only in such an exigent and extremity, modestly protest for indemnity, if any sentence should pass against us, for whom it was impossible to attend; as is evident by the words of the Protestation itself, as followeth:  

ANd seeing the Session is now appointed to sit down, which tendeth to the prejudice of his Majesty's Subjects, who lately have been so busied in their preparations for the defence of the Religion and country, that they are now necessarily retired to their own dwellings, for settling of their private affairs, that they cannot be tymously advertised to attend any Law-businesse, without greater prejudice than benefit; and that the best part of the Liege's have so secured their Evidents, that the 'samine cannot be in readiness in this short time of Session. Therefore, and in respect the down-sitting of the Session now cannot be otherways intimate unto them, but upon forty days, whereas there are only twenty days to run after the appointed day of this meeting: We protest that all members of the College of Justice, and all his Majesty's Liege's are in bona fiae not to attend this Session, but that all acts, sentences, decreets and inter-locutors to be given and pronounced against them, (if any shallbe) are in the self, null, void, and ineffectual, suchlike as if the 'samine had never been given nor pronounced, and protest for remeed of Law against the 'samine and every one of them.   
Having now the second time cleared our proceed of unjust imputations, and our deportments of ingratitude and insolency, the order of the Declaration draweth us on immediately to the proceed of the Parliament which we will follow, how soon we have truly represented some of our proceed in the Assembly indicted by his Majesty, and holden at Edinburgh, August 12. 1640. All which are passed in silence by the Declaration, but in so far as they are taxed by the way in the ninth pretended breach; but cannot be praetermitted by us, because they are the greater and more substantial part of our proceed, which we desire may be known to all men. And because a free Assembly was at first the one half of our humble desires, and since the closing of the Assembly, the securing of our Religion, and the adding of the civil sanction in Parliament to the acts of the Assembly, hath been the greatest thing that we have petitioned, for obtaining whereof, the Commissioners of the General Assembly did attend the Parliament after the sitting thereof. Some few of many are here remembered.  
After the Assembly was convened, and his Majesty's Commission read; excusing the absence of his Royal person in these words: quod quidem gravissimis maximique momentinegotiis, reditum nostrum in Angliam urgentibus impediti jam praestare non possumus, See pag. 24. and granting as full power to his Commissioner to do, as if his Majesty had been present in person, in these words: Sicutinos facere potuissemus, si in nostra sacratissima persona adessemus, secundùm Ecclesiae consuetudinem legesque praedicti antiqui regni nostri. And after the Assembly was constitute in all the members, & some ordinary matters dispatched, there were many speeches & deliberations in the Assembly, for settling the peace of the Kirk in such a way as might both preserve the liberties of the Kirk, & give his Majesty best satisfaction, all which ended unanimously in the act following, Sess. 8. August 17.  

THe King's Majesty having graciously declared, that it is his Royal will and pleasure, that all questions about Religion, and matters Ecclesiastical, be determined by the Assemblies of the Kirk, having also by public 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 Majesty's Commissioner, John Earl of Traquair, instructed and authorized with a full Commission, being present and sitting in this Assembly now fully convened, and orderly constitute in all the members thereof, according to the order of this Kirk, having at large declared his Majesty's zeal to the reformed Religion, and his Royal care and tender affection to this Kirk, where his Majesty had both his birth and Baptism, his great displeasure at the manifold distractions and divisions of this Kirk and Kingdom, 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, trial 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 solemnly convened concerning the true and real causes of so many and great evils, as this time past, had so sore troubled the peace of this Kirk and Kingdom. It was represented to his Majesty's Commissioner by this Assembly, that beside many other, The main and most material causes were, First, the pressing of this Kirk by Prelates, with a Service book, or book of Common prayer, without direction or warrant from the Kirk, and containing beside the Popish frame thereof, divers Popish errors and ceremonies, and the seeds of manifold gross superstitions and idolatry, with a book of Canons, without warrant or direction from the General Assembly, establishing a tyrannical power over the Kirk, in the person of Bishops, and over-throwing the whole discipline and government of the Kirk by Assemblies, With a book of consecration and ordination, without warrant of authority Civil or Ecclesiastical, 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 merely Ecclesiastical, the power of both swords, and to persons merely Civil, the power of the keys and Kirk censures. A second cause was the articles of Perth, viz. the observation of Festival days, kneeling at the Communion, confirmation, administration of the Sacraments in private places, which were brought in by a nats' Assembly, and are contrary to the Confession of Faith, as it was meant and subscribed anno 1580. and divers times since, and to the order and constitution of this Kirk. Thirdly, the change of the government of the Kirk from the Assemblies of the Kirk; to the persons of some Kirk-men, usurping priority and power over their brethren, by the way, and under the name of Episcopal government, against the Confession of Faith 1580. against the order set down in the book of Policy, and against the intention and constitution of this Kirk from the beginning. Fourthly, the civil places and power of Kirkmen, their sitting in Session, Council and Exchequer, their riding, sitting and voicing in Parliament, and their sitting on the bench as Justices of Peace, which according to the constitutions of this Kirk, are incompatible with their spiritual function, lift them up above their brethren in worldly pomp, and do tend to the hindrance of the Ministry. Fifthly, the keeping and authorising corrupt Assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-Androes 1617. At Perth 1618. which are null and unlawful, 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 sixth cause, is the want of lawful and free Assemblies, rightly constitute of Pastors, Doctors and Elders yearly, or oftener prorenata, according to the liberty of this Kirk expressed in the book of Policy, 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 Kingdom, made anno 1580, have been indeed the true and main causes of all our evils and distractions. And therefore ordain, according to the constitutions of the general assemblies of this Kirk, and upon the grounds respectiuê above-specified. That the foresaid service-booke, books of Canons and Ordination, and the high Commission be still rejected. That the articles of Perth be no more practised; That Episcopal government, and the civil places and power of Kirk-men be holden still as unlawful in this Kirk, That the  pretended assemblies at Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdein 1616. At Saint-andrewes' 1617. At Perth 1618. be hereafter accounted, as null and of none effect. And that for preservation of Religion, and preventing all such evils in time coming, General assemblies rightly constitute, as the proper and competent Judge of all matters Ecclesiastical, hereafter be keeped yearly and oftener prorenata, as occasion and necessity shall require: The necessity of the occasional Assemblies being first remonstrate to his Majesty by humble Supplication. As also that Kirk Sessions, Presbyteries, and Synodall Assemblies be constitute and observed according to the order of this Kirk.   
After the voicing of this Act, his Majesty's Commissioner consented verbally to the said Act, and promised to give in to the Clerk in writ, the declaration of his consent: and that he should ratify this Act in the ensuing Parliament.  
This act was accompanied with the testimony of two witnesses, Master George Grahame, and Master Alexander Lindsay, the one deponing in the same Session, the other in the next and ninth Session, by their writs given in to the assembly, that they had deep sorrow for exercing the office of Episcopacy in the Diocese of Orknay, and Dunkeld, against the word of God, the confession of faith, and constitutions of this Kirk, for which they earnestly called for mercy from God, and that they renounced that office in all time coming: as is expressed at large in their penitential bills, put upon record in the books of the assembly.  
From this assembly there were two Supplications directed, one to his Majesty's Commissioner against a book called A Large Declaration concerning the late tumults in SCOTLAND. After it was examined by the appointment of the assembly, and found to be dishonourable to God, and his true Religion, to this Kirk and Kingdom, and divers eminent persons in the Kirk and Kingdom, and to be full of lies, in averring known untruths, in wilful concealing and perverting many truths, in wresting of intentions, words and actions; All which tend after a special manner to the dishonour of the King's Majesty our dread Sovereign, and of his Majesty's high Commissioner the Marquis of Hammiltoun, upon whom it is unjustly fathered, as is contained at length and particularly in the censure of the book, registrat in the records of the assembly, which were long here to put in print, and therefore we have only insert the Supplication.  

The Supplication of the General Assembly, to his Majesty's Commissioner, against a book called, A large Declaration.  
WE the Members of this present Assembly, for ourselves, and in name of the several Presbyteries, Burghes, and Universities, for which we are Commissioners: Resenting the great dishonour done to God, our King, this Kirk, & whole Kingdom, by the book called a large Declaration, have here represented the same to your Grace, and have collected some, amongst many, of its absurd and gross passages; That from the consideration thereof, your Grace perceiving the intolerable evils foresaids contained therein, may be pleased to represent the same to our gracious Sovereign, and in our behalse humbly to beseech his Majesty (so much wronged by the many foul and false relations, suggested and persuaded to him as truths, and by stealing the protection of his Royal name and authority to the patrociny of such a book) To be pleased first, to call in the said book, and thereby to show his dislike thereof: Next, to give commission and warrant to cite all such parties as are either known or suspect to have had hand in it; and to appoint such as his Majesty knows to be either authors, informers, or any ways accessary, being Natives of this Kingdom, To be sent hither to abide their trial and censure before the Judge ordinary: And in special Master Walter Balcanquell, now Deane of Durhame, who is known and hath professed to be the author, at least avower and maintainer of a great part thereof, That by their exemplar punishment, others may be deterred from such dangerous courses, as in such a way to raise sedition betwixt the King and his Subjects, God's honour may be vindicate from so high contempt, his Majesty's Justice may appear not only in censuring such malefactors, but in discouraging all such undermyners of his Throne, his loyal and loving Subjects shall be infinitely contented to be cleared before the world of so false and unjust imputations, and will live hereafter in the greater security, when so dangerous a course of sedition is prevented. And so will have the greater and greater cause to pray for his Majesty's long and prosperous reign.   
The Supplication was received by his Majesty's Commissioner, and read in Council, and promise was given to impart the same to his Majesty, and to return his Majesty's answer.  
Another Supplication was directed from the assembly to his Majesty's Commissioner, and the Lords of Secret Council, concerning, the subseriving of the Covenant, which together with the acts of Council and assembly, ordaining the same to be universally subscribed, and with the Lord Commissioners particular declarations, touching the act August 17. and touching the subscribing of the Covenant, we have now from the Registers of the Kirk put in print, that all men knowing our proceed, may have their scruples removed, and may with equal judgement consider how far we are wronged.  

The Supplication of the General Assembly, to his Majesty's Commissioner, and Lords of Secret Council:  
WE the General Assembly, considering with all humble and thankful acknowledgement, the many recent favours bestowed upon us by his Majesty, and that there resteth nothing for crowning of his Majesty's incomparable goodness towards us, but that all the members of this Church and Kingdom be joined in one and the same Confession and Covenant with God, with the King's Majesty, and amongst ourselves, and conceiving the main  and impediment of this so good a work, and so much wished by all, to have been the informations made to his Majesty of our intentions, to shake off civil and dutiful obedience, due to Sovereignty, and to diminish the King's greatness and authority, and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an union, and for clearing of our loyalty: We in our own names, and in name of all the rest of the Subjects and Congregations whom we represent, do now in all humility remonstrate to your Grace, his Majesty's Commissioner, and to the Lords of his Majesty's most honourable privy Council, and declares before God and the World, that we never had, not have any thought of withdrawing ourselves from that humble and dutiful subjection and obedience to his Majesty & to his government, which by the descent, and under the reign of 107. Kings, is most cheerfully acknowledged by us and our Predecessors: And that we never had, nor have any intention or desire to attempt any thing that may tend to the dishonour of God, or the diminution of the King's greatness and authority: But on the contrair, acknowledging our quietness, stability and happiness, to depend upon the safety of the King's Majesty's person, and maintenance of his greatness and Royal authority, as God's Vicegerent set over us, for the maintenance of Religion, and ministration of Justice. We have solemnly sworn, and do swear, not only our mutual concurrence and assistance for the cause of Religion, and to the uttermost of our power, with our means and lives to stand to the defence of our dread Sovereign his person and authority, in the preservation and defence of the said true Religion, Liberties and Laws of this Church and Kingdom: But also in every cause which may concern his Majesty's honour, shall according to the Laws of this Kingdom, and the duty of good Subjects, concur with our friends and followers in quiet manner, or in arms, as we shall be required of his Majesty, his Council, or any having his authority: and therefore being most desirous to clear ourselves of all imputations of this kind, and following the laudable example of our Predecessors 1589. do most humbly supplicate your Grace, his Majesty's Commissioner, and the Lords of his Majesty's most honourable Privy Council, To enjoin by act of Council, that this Confession and Covenant, which as a testimony of our fidelity to God, and loyalty to our King, we have subscribed, Be subscribed by all his Majesty's subjects of what rank and quality soever.   

The act of Council 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 Council, compeered personally John Earl of Rothes, James Earl 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 Burgess of Edinburgh, Master Robert Barclay Provest of Irwing, Master Alexander Hendersoun Minister at Edinburgh, and Master Archibald Johnstoun, Clerk to the General Assembly: and in name of the present sitting General Assembly, gave in to the Lord Commissioner, and Lords of Privy Council, the petition abovewritten, We the General assembly considering with all humble, etc. which being heard read, & considered by the saids Lords, they have ordained & ordain the same to be insert & registrat in the books of privy Council, and according to the desire thereof, ordain the said Confession and Covenant to be subscribed in time coming by all his Majesty's Subjects of this Kingdom, of what rank and quality soever.   
The same day his Majesty's Commissioner after his entry in the assembly, delivered himself by word to this meaning  
We have received the supplication of the Assembly, desiring that the Covenant may receive the force of an act of Council to be subscribed by all his Majesty's subjects. We have found the desire so fair and reasonable, that we conceived ourselves bound in duty to grant the same, & thereupon have made an act of Council to that effect. There rests now the act of assembly, concerning which I am so fully satisfied myself, that I come now as his Majesty's Commissioner to consent fully unto it: and am most willing that it be enacted here in this Assembly, to oblige all his Majesty's subjects to subscribe the said Covenant, with the assemblies explanation. And because there is a third thing also desired; my subscription as the King's Commissioner unto the Covenant, this I must do with a declaration in writ. As a subject I will subscribe as strictly as any other man, with the assemblies declaration; but as his Majesty's Commissioner I must prefix to my subscription, the declaration following; of which not Scottish subject shall have the benefit, no not myself as Earl of Traquair.  

The declaration of his Majesty's Commissioner concerning the subscribing of the Covenant.  
seeing this Assembly according to the laudable form & custom heretofore keeped in the like cases, hath in a humble and dutiful way, supplicat to us his Majesty's Commissioner, & the Lords of his Majesty's most honourable privy Council, that the Covenant with the explanation of the assembly might be subscribed, & to that effect that all the subjects of this Kingdom by act of Council, be required to do the same: And that therein for vindicating themselves from all suspicions of disloyalty, or derogating from the greatness and authority of our dread Sovereign, have therewith added a clause whereby this Covenant is declared one in substance with that which was subscribed by his Majesty's Father of blessed memory 1580.1581.1590. and often since renewed. Therefore I as his Majesty's Commissioner, for the full satisfaction of the subject, and for settling a perfect peace in Church and Kingdom, do according to my foresaid declaration and subscription subjoined to the act of this assembly of the date the 17. of this instant, Allow and consent, that the Covenant be subscribed throughout all this Kingdom, In witness whereof I have subscribed the premises.   

The Lord Commissioner his Declaration concerning the act of the assembly August 17.  
I John Earl of Traquair, his Majesty's Commissioner in this present assembly, do in his Majesty's name declare, that not withstanding of his Majesties own inclination, and many other grave and weighty considerations, Yet such is his Majesty's incomparable goodness, that for settling the present distractions, and giving full satisfaction to the Subjects, he doth allow: Likeas I his Majesty's Commissioner do consent to the foresaid act, and have subscribed the premises.   

The Lord Commissioner his declaration concerning practices outwith the Kingdom, contrary to the premises.  
IT is always hereby declared by me his Majesty's Commissioner, that the practice of the premises prohibited within this Kirk and Kingdom, outwith the Kingdom of Scotland, shall neither bind nor infer censure against the practices outwith the Kingdom.   
This last declaration was not approven by the assembly, and therefore was insert in the Register only recitative as was then declared when his Majesty's Commissioner required that it might be put upon record.  

The act of the assembly, or daining by Ecclesiastical authority, the Covenant to be subscribed.  
THE assembly considering the great happiness which may flow from a full and perfect union of this Kirk and Kingdom, by joining of all in one and the same Covenant with God, with the King's Majesty, and amongst ourselves. Having by our great oath declared the uprightness and loyalty of our intentions in all our proceed, and having withal supplicated his Majesty's high Commissioner, and the Lords of his Majesty's honourable Privy Council, to enjoin by Act of Council, all the Liege's in time coming, to subscribe the Confession of Faith and Covenant, which as a testimony of our fidelity to God, and loyalty to our King, We have subscribed. And seeing his Majesty's high Commissioner, and the Lords of his Majesty's honourable Privy Council, have granted the desire of our Supplication, Ordaining by civil authority all his Majesty's Liege's in time coming to subscribe the said Covenant, that our union may be the more full and perfect, We by our act and constitution Ecclesiastical, do approve the foresaid Covenant in all the heads and clauses thereof. And ordains of new, under all Ecclesiastic censure, That all Masters of Universities, Colleges and Schools, All Scholars at the passing of their degrees, All persons suspect of Papistry, or any other error. And finally, all the members of this Kirk and Kingdom, Subscribe the same, with these words prefixed to their subscription: The article of this Covenant, which was at the first subscription referred to the determination of the General Assembly being determined. And thereby the Five Articles of Perth, The government of the Kirk by Bishops, The civil places and power of Kirkmen upon the reasons and grounds contained in the acts of the General Assembly declared to be unlawful within this Kirk: We subscribe according to the determination foresaid. And ordain the Covenant with this Declaration, to be insert in the Registers of the Assembly of this Kirk, General, Provincial, & Presbyterial, ad perpetuam rei memoriam. And in all humility supplicates his Majesty's high Commissioner, and the honourable Estates of Parliament, by their authority, To ratify and enjoin the same under all civil pains, which will tend to the glory of God, preservation of Religion, the King's Majesty's honour, and perfect peace of this Kirk and Kingdom.   
Those and other Ecclesiastical matters being debated, and with the approbation and consent of his Majesty's Commissioner peaceably determined in the Assembly, We found ourselves bound to render thanks to God for his great mercy, and to the King's Majesty for his Royal favour to this Kirk and Kingdom, fearing nothing less than the challenge of insolency or sedition, and filled with hope that the Parliament now approaching, should ratify what was universally and with the liking of his Majesty's Commissioner concluded in the Assembly; The Assembly gave thanks for what they had received and petitioned again, What was promised by his Majesty, and certainly expected by all his Majesty's Subjects: This thanksgiving and petition delivered to his Majesty by our Commissioners, was in this manner:  

MOST GRACIOUS SOVEREIGN,  
WE your Majesty's most humble and loyal subjects the Commissioners from all the parts of this your Majesty's ancient and native Kingdom, and members of the Nationall Assembly convened at Edinburgh by your Majesty's special indiction, and honoured with the presence of your Majesty's high Commissioner: Have been waiting for a day of rejoicing, and of solemn thanksgiving to be rendered to God by this whole Kirk and Kingdom, for giving us a King so just and religious, that it is not only lawful for us to be Christians under your Majesty's government, which sometime hath been the greatest praise of great Princes: But also that it hath pleased your gracious Majesty to make known, That it is your Royal will and pleasure, that all matters Ecclesiastical be determined in free National Assemblies, and matters civil in Parliaments, which is a most noble and ample expression of your Majesty's Justice, and we trust shall be a powerful means of our common happiness under your Majesty's most blessed reign. In the mean while we do most humbly upon the knees of our hearts, bless your Majesty for that happiness already begun in the late Assembly at Edinburgh; in the proceed whereof, next under God we have laboured to approve ourselves unto your Majesty's Vicegerent, as if your Majesty's eyes had been upon us, which was the desire of our souls, and would have been the matter of our full rejoicing, and do still continue your Majesty's most humble Supplicants for your Majesty's civil sanction and ratification of the constitutions of the Assembly in Parliament, that your Majesty's Princely power, and the Ecclesiastical authority joining in one the mutual embracements of Religion and Justice of truth and peace may be seen in this Land; which shall be to us as a resurrection from the dead: And shall make us, being not only so far recovered, but also revived, to fill Heaven and earth with our praises; And to pray that King CHARLES may be more and more blessed, and his Throne established before the Lord for ever.   
By which it may appear, that we were not unthankful for his Majesty's Justice and goodness, that we were not conscient to ourselves of any wilful breach, and that therefore we were confident of the crowning of the Work in Parliament; wherein what our carrtage was, will now be made manifest by the relation and proceed of our Commissioners sent from the Parliament to the King, against all that hath been, or can be imputed unto us; In the mean time remembering that we are a Kingdom, and that they are but one subject or two who inform against us. A Kingdom convened in Parliament, which can best judge what is most conducible for ourselves and the collective Body, which we represent, and a Kingdom living under our own native King, in whom we have as great interest, as a Kingdom can have in their King, and whom we desire to honour; we cannot dissemble our grief, but are forced to complain, that in our own Nationall affairs we have not greater credence, regard and power with his Majesty, than all others whatsoever. But this is one evil amongst many that presseth us sore through the want of his Majesty's Royal presence amongst us, which we trust will move his Majesty in his fatherly affection, to be the more tender: and all others, remembering themselves, to be the more equal in their judgement and actions toward us.  
ONe thing there is very necessary to be remembered, before we come to the proceed of our Commissioners, sent from the Parliament to the King: A paper bearing some reasons to prove, that in commanding to swear the Covenant 1580, and 1581. his Majesty that then was, and his Council, did not intent the abjuration of Episcopacy. This paper although it be come to few hands before this time, yet was it much esteemed by the Author, and therefore was put in his Majesties own hand, and by his Majesty sent to one of our Ministers, as a strong hold and impregnable strength for Episcopacy, against all that had been done in the Assembly at Glasgow, or was intended in the ensuing Assembly and Parliament. It seemeth indeed to be the last endeavour and assay of our adversaries in that kind, from no small knowledge of the proceed of this Kirk in former times, and with no less artifice and engine set on work, wherein they will outstrip all that hath been written in the large Declaration, as insisting on things childish and trivial, in comparison of this fine and subtle invention never brought to light before. This last breath of Episcopacy expiring in this Kirk, and giving up the ghost, we judged it not convenient to conceal, But have set it down here with a  and modest answer, written at that time when the paper came to our hands, and intended to remove the scruple out of his Majesty's mind, and to show the Author his own error, if it had been of simplicity, or if it be wilful, to convince him the more.  

That in commanding to swear the Covenant 80. and 81. His Majesty that then was, and his Council, did not intent the abjuration of Episcopacy.  
BEcause, but ten years before, viz. In 71. there was a solemn agreement made between the Commissioners of his Majesty's Council, and the Commissioners of the General Assembly of the Kirk, That (during the King's minority, or without a contrary order from Parliament) Arch bishops and Bishops, should continue as before they did: And that in every Metropolitical and Episcopal See, there should be a Deane and a Chapter, and that the bounds of Dioceses should not be confounded. Nay, there was an exact Form, at that time set down by the said several Commissioners, and reg●stred in the books of Council for the creating of Bishops after a Protestant manner, viz. by Congee deslire to the Dean and Chapter, than a form of returning the election, with petition to the King for his Royal assent, with commandment to the Archbishop, etc. for consecration, than the Oath the new Bishop was to take before his Majesty, viz. That he acknowledged the King's Majesty Supreme Governor of his Realm, as well in things Temporal, as in the conservation, and purgation of Religion (which differs in words from the English Oath of Supremacy, but is in sense the same) And that he held the said Bishopric, and the possessions thereof under God only of his Majesty's Crown etc. Lastly, there was a form concluded on, for his restitution to his Temporalities.  
Now this agreement was in precise terms confirmed by his Majesty and Council in that self same year 81. when that Covenant was commanded by them to be sworn by the Subject. So that it cannot be conceived, that his Majesty and Council should in the same year give order to swear down Episcopacy, wherein they apparently took such special care to confirm it. And no honest man will deny that the subject was bound to swear that Covenant in that sense, and none other, which was agreeable to their intentions who commanded it to be sworn.  
It is objected that under those words (We abjure, etc. The Pope's wicked Hierarchy) Episcopacy is sworn down.  
R. If by those words they will overthrow Episcopacy, I see not but withal they must be forced to confess, that they have at once abjured both their Presbyters and their Deacons.  
For the Council of Trent makes the Hierarchy of the Church to consist of those three Orders; Bishops, Presbyters, and Deacons. Now, if under the word Hierarchy, one of these be sworn down, how can the other two escape? for it consists alike of three, and therefore all three must needs run the same fortune.  
If they reply, that indeed they still retain Presbyters and Deacons, but yet so only as they are ordained in the reformed Churches.  
R. The like I reply for Bishops, that they were then ordained in a form allowed by reformed Churches, as this in substance was by the Church of England, and in precise terms by the Commissioners of the Church of Scotland. For it is not probable, that in ten year's space, there should be no Bishopric void, and so none ordained according to the form in the Council Books. Nay, it is apparently plain, that some were so ordained, and took that forenamed Oath, viz. John Archbishop of Saint Andrew's in the year 72. and James Bishop of Dunkell in the year 73. as it is registered in the books of Council: where perhaps others are recorded too.  
If they say, That the Scottish Bishops must needs be part of the Pope's Hierarchy, because they succeeded those, and received imposition of hands from those who lived in obedience to the Pope.  
R. I again reply, That their Presbyters are in the very same case: for, I presume they will not say, but they must needs 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 Clergy men in these parts, they must take their orders either from them, or none; for I persuade myself, they will not affirm, 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 turn Protestant, needs no more ordination to become a Presbyter with us.  
But what then must be the meaning of those words, That they abjure the Pope's wicked Hierarchy?  
R. As I conceive, the sense of them is plain from a precedent clause in that Covenant, viz. (that they abjure the Pope's five bastard Sacraments) and yet I hope, they intended not to swear out either Matrimony, or holy orders in general (which yet are two, as all know, reckoned by that Church amongst her five) but only they abjured those corruptions and superstitious forms 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 swear out Bishops, no more than they did Presbyters or Deacons: But they abjured the corruptions and superstitious Concomitants, which the Pope had annexed to those holy Callings. V.g. amongst many other abuses, that Bishops were constrained to swear such an obedience and dependence on the Pope, as was derogatory to the supreme power of their own native Prince. So that then it was almost an impossible thing to be at once a stout Prelate, and a loyal subject. And suppose Bishops or Presbyters in this treasonable constitution, they were then (not doubt) in that point, the Pope's wicked Hierarchy, as now they may be the Consistories.  
All this, I the rather urge, because I conceive, that the acts of King and Council are the best interpreters of that Covenant, because it was set on foot by authority of King and Council: for Quisque optimus interpres sui.  

THE ANSWER. Whether in commanding to swear the Covenant 1580. and 81. his Majesty that then was, and his Council, did intent the abjuration of Episcopacy,  
IN all commanded oaths and abjurations, a twofold deception is to be avoided; One is, in him who taketh the Oath, that he have no fraudulent intention, contrary to the sound & professed intention of him who tendereth the Oath; otherwise, both God's Name is taken in vain, and our Superior is deluded. The other is, In him that tendereth the Oath, that he have not an hid and secret intention, contrair to that which is open and professed. In this case, the regard must be had, not to that which is secret and unknown, but to that which is professed, and which is known to be the true meaning of the words of the Oath.  
That abjuration of Episcopacy was professedly intended in the Covenant 1580. and 1581. by his Majesty and his Council, may be apparent. First, from the words of the Confession commanded to be sworn; where profession is made, that we shall continue in the obedience of the doctrine and discipline of this Church, which discipline at that time was not the government of the Church by Bishops, but by Presbyteries: the whole heads of the policy of the Church, (except such as concerned Patronages, Church rents, and the like) after much agitation from Assembly to Assembly, being agreed upon, not only by the General Assembly, but by his Majesty's Council, Episcopacy being abandoned, and Presbyterial government established: such as before were called Bishops, being tied to particular flocks, ordained to be called by their own names and by the name of brethren, and forbidden to usurp the power of Presbyteries, till at last in the General Assembly holden at Dundie, July 1580. the office of a Bishop was abolished by a particular act, as unlawful in itself, and Bishops ordained to dimit the 'samine, under the pain of Excommunication: Like as in the Assembly at Glasgow, April 1581. the said act was further explained and confirmed: the King's Commissioner presented to the Assembly the Confession of faith subscribed by his Majesty and his household, together with a delineation of the bounds of the Presbytery to be erected, with a Letter to that end for the dissolving of Prelacy, the book of Policy was insert in the Register of the Church, and the Confession of faith immediately thereafter ordained to be subscribed according to his Majesty's Proclamation. As before the forming of the book of discipline, and the abolishing of Episcopacy; so now the subscription of the Confession of faith, and erection of Presbyteries went on together: In July 1580. Episcopacy was abolished. In January following, the Confession of faith was subscribed by the King and his household. In March it was commanded to be subscribed by the subjects. And in April direction was given by the Assembly for subscription and erection of Presbyteries.  
2. The same is manifest from other words of the Confession, wherein the Pope's wicked Hierarchy is abjured. It is confessed according to the Council of Trent, that the Popish Hierarchy consisteth of these three orders: Bishops, Presbyters, and Deacons: for neither are the Pope, Primates, Metropolitans, or Archbishops, members of the Hierarchy, but as they are Bishops; neither are the inferior orders of Subdeacons', Acoluths, Exorcists etc. of the Hierarchy, because they have no rule over the people, but only serve the Priests and Deacons, which although they be the lowest order in the Hierarchy, yet are they of the Hierarchy by reason of their charge over the people. Hence is it, that in the Confession of faith, the Pope's manifold orders are set apart and distinguished from the Pope's Hierarchy. This being the Popish Hierarchy abjured by us, it must be interpreted to be as fare abjured, as by the doctrine and constitution of our Kirk, it is interpreted to be Popish, that is, as it is made up, and doth consist of these three orders, and therefore the unlawfulness of any one of the orders, maketh the Hierarchy componed of the three, to be unlawful. It is a paralogism to argue from our abjuration of the Popish Hierarchy, that we have at once abjured every member thereof: It is enough that any one member is abjured. Secondly, all the three orders are interpreted to be Popish, in so fare as Bishops the head of the Hierarchy, not only had their dependence on the Pope, which was an high derogation to the Prince, but also because their office was in itself a corruption, it having no warrant in the word of God, which was a dishonour done to the Son of God. And the other two of presbyters and Deacons, are thought lawful and warrantable in themselves, interpreted to be Popish, as having Popish corruptions adhering to them their Presbyters being sacrificing Priests etc. and receiving ordination before and without a calling to a particular charge, and their Deacons admitted to minister Baptism, and having nothing of the office of a Deacon, as it is institute by the Apostle, and used in the reformed Churches. And therefore the office of Bishops was purged out of this Church, as Popish in itself, and the other two which had degenerated, were purged of their Popish corruptions and abuses, and the office retained according to the first institution and primitive integrity. It is to be observed here, that although this Hierarchy did enter into the Church before the Pope came to his greatness, yet it is called the Pope's Hierarchy, because it was maintained and obtruded upon the Church after the mystery began to work, that is, after Popery began, even as dedicating of Churches, Altars, Days, Vows to creatures, etc. are here called the Popes, although all of these entered not at one time into the Church.  
This one ground of truth furnisheth answer to all objections made in the contrair. The rule and pattern of office bearers in the Church, is to be learned from Scripture, and not from the example of other reformed Churches, which we reverence according as they are conform to that strait rule and first pattern. We do not abjure Scottish Bishops, because they succeed to Popish Bishops, who lived in obedience to the Pope, and because they received ordination from them: but because although they presume to be the chief office bearers in the house of God, they have no warrant nor authority from God. And therefore it cannot be inferred that Presbyters and Deacons ought to be abjured, because they received ordination either from popish Bishops, or from Presbyter● ordained by such Bishops: for whatsoever be the consecration of the one, or ordination of the other, we still account Episcopacy to be one of the relics of popery, and for that cause to be rejected, and the office of Presbyters and Deacons to be a divine Institution, and therefore to be purged, and being purged, to be retained. Where it is objected, That by like reason we might be interpreted to abjure Matrimony and Orders, because we abjure the Pope's five bastard sacraments. This objection were strong, if we could give no better warrant from Scripture for Matrimony and Ordination of Ministers, then for Episcopacy: but since these are warranted and not this, the accidental corruptions of these, and the substance of this aught to be abjured.  
3. The intention of authority is manifest by the commanding to subscribe the Confession of faith in the year 1590. when we had no Bishops, and after Bishoprics were annexed to the Crown. It is not to be supposed that authority had one intention at this time, and a contrary intention in the year 1580. The King's Majesty that then was, did write and subscribe with his own hand in the margin of a printed Sermon which was preached by D. Bancroft at Paul's cross, these words: My speaking, writing, and actions, were ever one, and without dissembling or bearing up any thing whatsoever, ne quid asperius. JAMES REX. As the Assembly had the same intention in subscribing the Confession 1581. at the commandment of authority, which they had in the year 1590. when they petitioned the Council for interposing their authority to the subscription: so must we think, that the King and Council had the same intention at the one time and the other, and that the Council and Assembly had the same intention at both times, conform to this intention of the Council and Assembly, when at any time afterward there was any meaning or motion to bring in Episcopacy again in this Church, the confession of faith was alleged to the contrary, as may be seen by divers instances.  
4. His Majesty's intention is further known (if there be yet any doubt) by the true commentary thereof in his actions: for after the Assemblies had cast forth Episcopacy, and established presbyterial government, while they were now about the dividing of the country in circuits for presbyteries, the King's Majesty sent to the Assembly convened at Glasgow April 1581. a delineation or plot for this end, and for the dissolving of Prelacies, and with all the frame of a Letter to be directed to Noblemen and others for promoving the work; for which the Assembly returned humble thanks to his Majesty. All this was done immediately after the confession of faith was subscribed by his Majesty and his household in January, and was commanded to be subscribed by the Subjects in March, so that there can be no question about the intention and meaning of King, Council and Assembly in the point of the discipline of the Church, mentioned in the confession of faith.  
Yet One thing is mainly objected, to prove that his Majesty and his council did not intent the abjuration of Episcopacy: In the year 1571. there was a solemn agreement between the Commissioners of his Majesty's Council, and the Commissioners of the General Assembly, that during the King's minority, or without a contrary order from Parliament, there should be Archbishops, and Bishops, Deans, Chapters, Abbots, and Priors, their office and form of election, the oath taken by them at their admission, the restitution to their Temporalities were all particularly agreed upon. This agreement in the year 1571, was in precise terms confirmed by his Majesty and Council in the year 1581. when the Covenant was commanded to be sworn by the Subject, and therefore it cannot be conceived, that his Majesty and Council did in the same year give order to abjure Episcopacy, wherein they took such special care to confirm it.  
Ans. For answering this objection, we are to consider, first, that in the year 1571, January 12. there was indeed a convention of Superintendents, Ministers and other Commissioners, for consulting about the government of the church; but that convention was not a General Assembly of the Church: for the Register calls it only a Convention, and not an Assembly: the ordinary Assembly was holden at Saint Andrew's in the same year 1571, March 6. according to the appointment of the General Assembly the year before. This convention was procured by the Court for worldly ends, especially that titles of Bishops, Abbots and Priors, which were not proper in the persons of Noblemen, might be given to Kirk-men or Ministers, with some small portion of the benefice, that the noble men themselves might reap the benefit of the Rent, which was the cause of the Scottish name of Tulchan Bishops at that time, a name not improper for them, a Tulchan in our language being the skin of a calf stuffed with straw, and set up beside the Kow to make her give milk to the owner. 2. Although that convention at Leith was not a General Assembly, yet did it not appoint those Bishops by itself, but gave power to seven of the number, or any four of them, to confer with the Regent & some of the Lords of secret Council, who did agree upon the office of Archbishops and Bishops, Deans and Chapters within the bounds of Dioceses, etc. which was of less authority in a matter of so high importance, then if it had been their own doing. 3. The articles and conclusions agreed upon by the Commissioners of his Majesty's Council, and that convention were not approven in the next ordinary General Assembly holden at Saint Andrew's March 6. 1571. the General Assembly at Perth 1572. was not only offended with the names of Archbishops, Deans, Archdeacon's, Chancellors, etc. as sounding to Popery, but also declared that they did not approve that order of Church government, but did tolerat the same allanerly, till a more perfect should be obtained, for which they laboured afterward at all occasions. So that the conclusions of that meeting at Leith, 1571. never had the authority of this Church, but were disclaimed by it. During the time of this toleration, many complaints were made in the Assemblies against Bishops: and in the year 1573. and afterward some were appointed by the Assemblies to confer with the Regent and Lords of secret Council, upon the jurisdiction and policy to be continued and established in the Church, till at last after many disputations and much reasoning, the matter was brought to a final conclusion, the office of Bishops was abolished, and Presbyterial government established.  
Next concerning the act of Council in the year 1580. confirming the agreement at Leith, we answer, 

1. That the Council lawfully could not confirm that agreement, introduce Episcopacy, or change the government of the Kirk, contrary to the acts of so many General Assemblies keeped from the year 1571, to 1580. wherein the policy and government of the Church was so expressly set down.  
2. The act of Council was never published nor made known to the subject, nor heard of in this cause, till this time, wherein no other thing can be alleged for salving of Episcopacy from abjuration.  
3. This act of Council was posterior to the command for subscribing the confession of faith: for the act was made in October 1581. and the commandment came forth in March, many months before.  
4. No such intention was professed when the charge was given for subscription, neither could the confession of faith in any sense bear the conclusions of that agreement: these offices, and the form of their election being damned as Popish in the Assembly before; no man will marvel much at such an act of Council, who knoweth what other acts passed that year in Council, and who is not a stranger in the history of that time, the perusal and knowledge whereof will both show how suddenly Covenants have been broken, and will easily give satisfaction against all mistake of this kind, to so many as desire to know the truth.      
AGainst this our abjuration of Episcopacy, first and last, our adversaries arise with great hate & strength and fight with tooth and nail: for upon the one hand, Episcopacy must be asserted by no other than by divine right, and Hierarchy maintained not only as tolerable and lawful, but as necessary and divine; Although before this time, neither our own Doctors and Prelates, nor the English have been so peremptory & bold about this point; for while some of them have maintained Episcopacy by divine authority, yet others have been more ingenuous confessing it only to be grounded upon ancient custom, and therefore to be an humane invention, or Ecclesiastic tradition. And a third sort different from both, will have it to be Apostolic. Again some of them make the form of Kirk government to be universal and perpetual, and others hold it to be local, and conformable to the civil policy; Thus have they been divided one of them from another; But in this exigence and point of time, one must undertake for all to cry up Episcopacy, as coming from Heaven, & not from the earth, even as it hath the altitude of fixed superiority, & the latitude of spiritual jurisdiction. And why? because we have abjured it, and our Assemblies have found it unlawful in this Kirk: this was their modesty of expression, desiring more to reform at home, then to be busy abroad, for which they find no more courtesy, nor less acerbity of spirit, then if they had given out a general sentence concerning the government of the Kirk. It is not for us, nor for this naked relation of Truth to enter in dispute, but if our adversaries show not themselves more learned in their arguments, nor they prove skilled in our Kirk-government and History, which are the grounds of their vehement exhortation to their Northern brethren, they will be found to have given but words in stead of substance. As our adversaries have risen thus upon the one hand against our abjuration of Episcopacy, by averring it to be of divine authority, that the contradiction in the point of Kirk-government may be plain and strong: So do they upon the other hand with all immanity and bar barousnesse against all our treaties and entreaties, constrain our poor Countrymen and women in England and Ireland, to swear oaths, whereof some covertly, and other expressly carry an abjuration of the Oath and Covenant of Scotland, as damnable and treasonable, although it was sworn at first by the King himself that then was, and is now again subscribed by his Majesty's Commissioner in his name, and with his consent ordained to be subscribed by Subjects of all ranks throughout the Kingdom, and therefore may as well he called a Royal as a Popular Covenant: What impiety this is against God, and what provocation of his Justice, what a snare it is to many poor souls▪ how great dishonour is hereby done to Royal authority by had counsellors and wicked ministers, and how fare it is from procuring cheerful obedience, or tying the hearts of people to sovereignty, we leave to be considered, and hearty wish that a more wise, a more conscionable, and a more effectual course may be taken for settling the peace of the Kingdom. The words of the Oath which hath been ministered lately, to be signed and sworn by some of our sea faring men, and by them produced before us, we have set down, and thereafter shall go on to the proceed of our Commissioners sent to England.  

I A. B. one of his Majesty's Subjects in the Kingdom of Scotland, do by these presents sign with my hand, upon my great oath & as I shallbe answerable to God upon my Salvation and Condemnation, testify and declare, that CHARLES by the grace of God King of Great Britain, France, and Ireland, Defender of the Faith, is may Sovereign Lord; And that next unto Almighty GOD, and his Son CHRIST JESUS, He is over all persons within his Majesty's Kingdoms and Dominions, and in all causes as well Ecclesiastical as Civil, supreme Governor. To whom, his Heirs and Successors I am bound in duty, and allegiance to all obedience, if it were to the loss of my life, estate and fortunes, & do hereby abjure all combinations, Covenants and Bands that can be pretended upon pretext of Religion, or Liberty of the Kingdom, and specially the damnable and treasonable Covenant, commonly called the popular Covenant, so much magnified now in Scotland, and do promise never to take Arms against his Majesty, his heirs and successors, offensive or defensive, but to abide constant in allegiance, duty and obedience, which I profess Almighty GOD hath tied me to, and to do the uttermost of my power against all oppositions whatsomever for rain or home bred, So help me God.    

The proceed of the Commissioners sent from the Parliament of SCOTLAND: To the KING.  
SO soon as our Commissioners got presence, and had the honour to kiss his Majesties, hand; they did in all humility represent to his Majesty how grievous it was to his Majesty's good Subjects of that his ancient and native Kingdom, that their loyalty should be called in question; or that their proceeding should be traduced, as trinching upon his Majesty's authority, or as contrare to the Laws. And craved a public hearing before his Majesty's Council of both Kingdoms, for clearing of the justness and lawfulness of their proceed, and vindicating them from those unjust aspersions laid upon them by sinister information, and that relation made publicly by the Earl of Traquair, before the whole Council of England, to their prejudice. And did likewise deliver to his Majesty a thanksgiving from the general Assembly, containing a supplication for ratifying the conclusions thereof: upon the 20 of February, 1640.  
The King commanded that what ever they had to remonstrate or petition to him, they would present the: same in write: And that he would signify his pleasure to them by the Earl of Traquair, whereupon they gave in the remonstrance or supplication following:  

MOST SACRED SOVEREIGN,  
BEing sent here from the Parliament of Scotland, humbly to remonstrate, that no earthly thing could be more grievous to them, then that their loyalty should be called in question, or that any such hard impressions should be given to your Majesty against their proceed, as trinching upon your Majesty's sacred person, and inviolable authority, as not warranted by the fundamental Laws and laudable practices of your Majesty's ancient and native Kingdom; or as contrare to the promises & remonstrances which were made to your Majesty by your humble and faithful Subjects in the truth of their hearts, and were in the same sense graciously accepted by your Majesty: And seeing your Majesty hath out of your goodness and justice kept one ear for us, and would not give place to the suggestions and obliquys of any, till the reasons of our proceed and demands were made known from ourselves, who are allowed by your Majesty's Royal warrant to come here for that end. Therefore we humbly crave, that your Majesty out of your fatherly care, and tender compassion of your native Subjects, may be graciously pleased to grant us a full hearing; and to call such as are here, of the Council of both Kingdoms, that before your Majesty and them, your Majesty's Subjects may be vindicat from these aspersions and imputations wherewith we hear they are charged; and that we may clear that the desires and proceed of the Parliament, are so agreeable to the fundamental Laws and practice of that Kingdom, and to the articles of pacification, as may merit approbation at the throne of your Majesty's justice, and procure your Majesty's royal commandments for the proceeding of the Parliament; that by the mutual embracement of Religion, and justice: the peace of the Kirk and Kingdom (whose distressed estate and condition can hardly admit delay) may be established, and the love and cheerful obedience of your Majesty's Subjects confirmed and increased.  
And lest by occasion of that relation which was publicly made by the Earl of Traquair, before your Majesty and your Council, any prejudicated thought may be harboured in your Majesty's royal heart; and if any hard impressions be given against your Subjects unheard; the same may be disludged: We humbly crave that we may have that relation in the same terms, and as it was then delivered under his hand, which since it is sought, that we may be the more able to give all respective satisfaction to your Majesty's royal and just commandments, we hope will not be refused: And having once the permission, and happiness in public to clear the loyalty of your Majesty's Subjects, and the lawfulness of the proceed of the Parliament, we shall thereafter (lest verbal expressions be controverted) be most willing and desirous, according to your Majesty's commandments, To receive what ever exceptions, objections, or informations, are made against any of the particular overtures, articles, and proceed of the Parliament in writ, and in the same way shall present our answers, and humble desires. And do humbly crave your Majesty's gracious Answer.   
Upon the 26. day of Febr: The Earl of Traquair did show our Commissioners, that it was his Majesty's pleasure that they should subscribe the two former petitions given in by them to his Majesty, and that they keep that same way thereafter in all petitions or writs, shall be by them presented to his Majesty, which accordingly they did: And they required the Earl of Traquair to write and subscribe any direction, or commandment he carried from the King to them, which he did.  
Upon the 2. of March, The Earl of Traquair did signify to them under his hand, that it was his Majesty's pleasure, that they should attend at the Council chamber, the next day thereafter, at two of the clock in the afternoon such of the Lords of the Council, as his Majesty had appointed for that effect. And our Commissioners understanding that the King was going to Hampton-cour, and that the hearing he appointed for them, was only before these of his Majesties Commit or Joyntoes: And being enjoined by their instructions, not to answer nor acknowledge the Committee, nor no other judicatory, desired the Marquis of Hammiltoun to show his Majesty, that they would decline to propone their Desires and reasons of their Demands, or make answer either to the Committee, or any other whatsoever, except to the King their Master, to whom they were sent, which being made known to his Majesty, He was graciously pleased to delay his going to Hampton till the afternoon, and did hear our Commissioners himself: In whose Royal presence and audience, (His Majesty having his Committee with him) our Commissioners did clear us and our proceed from these unjust aspersions laid upon us, did show what high estimation we had of sovereignty, and our constant resolution to stand to the defence of our Religion, and that our Desires, both in matter and manner, are no other, but what we did humbly crave in our former Petitions, and are  for establishing Religion and the good and peace of the Kingdom, and are agreeable to the fundamental Laws and laudable practices thereof, and to the articles of Pacification, without wronging the Kirk or State, or any ways trinching upon his Majesty's Princely Power and Royal Authority. And did therefore crave, that his Majesty would be graciously pleased to command the Parliament to proceed and determine, for ratifying the conclusions of the Assembly, and enact such other Statutes, as are  for establishing Religion, and settling the peace of the Kingdom: As their speech then spoken, and thereafter given in in writ doth import, as followeth:  

SIR, as we did show in that humble Remonstrance which we gave your Majesty in writ; That no earthly thing could be more grievous to your Majesty's Subjects, convened by your Royal Authority, in the Parliament of Scotland, then that their loyalty should be called in question, or that any such hard impression should be given against their proceed, as might derogate from that high estimation which they have of sovereignty, and the tender respect they carry to your Majesty's inviolable authority. So do we now acknowledge your Majesty's goodness and justice in keeping one ear for us against all suggestions and obloquys, till the reasons of our proceed and demands were made known from ourselves, and that your Majesty is graciously pleased to grant us this favour of a full and public hearing. But because the Parliament of that your Majesty's ancient and native Kingdom is independent, and not comptable to any other judicatory: We hope your Majesty will pardon and allow us to decline to speak or answer before any of your Majesty's Counsels, or other Judicatories whatsoever, as these who have any power to judge of the Laws, actions, or proceed of the Parliament of that Kingdom: As we acknowledge your Majesty's favour in allowing us to tender the liberties and freedom of your Majesty's ancient and native Kingdom: So are we glad before all the world, to clear the loyalty, and lawfulness of their proceed, and do congratulate, that your Majesty hath indicted a Parliament here, who we hope will advert to the good of Religion, your Majesty's honour, and peace of your Dominions, albeit they be not Judges to determine of our actions, which when they shall be known to your Majesty, not upon report, but upon true trial, we are most confident, will merit approbation at the Throne of your Majesty's Justice. But because we hear that your Majesty's good Subjects are traduced as having intention to diminish your Majesty's authority, and shake off that civil and dutiful obedience due to sovereignty.  
Therefore before we descend to the particular actions, and articles of the Parliament, for vindicating us from so grievous and foul an imputation, we do 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 withdrawing ourselves from that humble and dutiful subjection and obedience to your Majesty, and your government, which by the descent and reign of so many Kings is due to your Majesty: And never had nor have any intention or desire to attempt any thing that may tend to the diminution of your Majesty's Princely power. But on the contrare, acknowledge our quietness, stability, and happiness, to depend upon the safety of your Majesty's Person, and maintenance of your greatness and Royal authority, as God's Vicegerent set over us for maintenance of Religion, and administration of Justice: And have solemnly sworn not only to stand to the defence of your Majesty's Person and authority, in the preservation and defence of Religion, Liberties, and Laws of the Church and Kingdom; But also in every cause which may concern your Majesty's honour, shall according to the Laws of the Kingdom, and the duty of good Subjects, concur with our friends and followers in quiet manner, or in Arms as we shall be required. But if any be so wicked as to seek occasions to divide betwixt your Majesty and your Kingdom, and for their own ends go about to prostitute the purity of Religion, and the Liberties and Laws of that your Majesty's ancient and native Kingdom: We can give them no other Character, but that which your Majesty's Father of blessed memory gave them, terming such men, vipers and pests against the King and his Kingdom. And if it please God, for our sins, to make our condition that deplorable, as they may get the shadow of your Majesty's authority, (as we hope in God they will not) to palliate their ends; Then as these, who are sworn to defend our Religion, our recourse must be only to the GOD of Jacob for our refuge, who is Lord of Lords, and King of Kings, and by whom Kings do reign, and Princes decree Justice. And if in speaking thus, out of zeal to Religion, and the duty we own to our Country, and that charge which is laid upon us, any thing hath escaped us, sigh it is spoken from the sincerity of our hearts, we fall down at your Majesty's feet, humbly craving pardon for our freedom.  
Having thus with your Majesty's permission cleared the loyalty of your Subjects. That we may next show the reason of their demands, and equity of their proceed in Parliament: We do first crave, that if our answers cannot give plenary satisfaction to the objections and exceptions, that shall be made against their proceed; That our not knowing of these objections (albeit we did often require your Majesty's Commissioner to show the same, that we might be the more able to give your Majesty 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 judgement of charity, who ought rather, nor pass rash censure on us, to profess ignorantiam & juris & facti alieni; and that they would distinguish betwixt the desires, and actions of a Parliament, who being convened 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 private persons, against whom laws are made.  
And as the desires of the Subjects are no other in the matter, but what they did humbly crave in their former petitions, and are  for establishing of Religion, and the good and peace of the Kingdom, which can never repugn to the King's honour, and are agreeable to the articles of pacification; so in manner they are agreeable to the Laws and practices of that Kingdom. And to condescend more specially, all the articles given in, are either such as concern private subjects, such as are for manufactories, trade of Merchants, & others of that kind, which do not so much concern your Majesty or the public, as the interest of private men which are but minimums, & de minimis non curat lex: Or they are public acts, which do concern Religion, and liberties of the Kirk and Kingdom, as the ratifying the conclusions of the Assembly, the act of constitution of Parliament, the act of rescission, the act against popery, and others of that kind, wherein because the Parliament knew that the eyes of the world were upon them; that hard constructions have been made of their proceed, and that malice is prompted for her obloquys, and waiteth on with open mouth to snatch at the smallest shadow of disrespect to your Majesty: That our proceed may be made odious to such as know them not, we have endeavoured to walk with that tenderness which becometh dutiful Subjects, who are desirous to limit themselves according to reason, and the rule of Law: For better understanding whereof, we must distinguish betwixt regnum constituendum, and regnum constitutum; a Kingdom before it be settled, and a Kingdom which is established by Laws; wherein as good subjects esteem it their greatest glory to maintain the honour, and lawful authority of their King; so good Kings (as your Majesty's father of ever blessed memory affirms) holding that maxim, That salus populi est supremalex, will be content to govern their Subjects, according to the Law of God, and fundamental laws of their Kingdom. Next we must distinguish betwixt the Kirk and State, betwixt the Ecclesiastic, and civil power, both which are materially one; yet formally they are contradistinct in power, in jurisdiction, in laws, in bodies, in ends, in offices, and officers; and albeit the Kirk and Ecclesiastic Assemblies thereof, be formally different, and contradistinct from the Parliament and civil Judicatories, yet there is so strict and necessary a conjunction betwixt the Ecclesiastic, and civil jurisdiction, betwixt Religion and Justice: as the one cannot firmly subsist, and be preserved without the other; And therefore like Hypocrites twins, they must stand and fall, live and die together, which made us in all our petitions to your Majesty, who is custos utriusque tabulae, to crave that as matters Ecclesiastic may be determined, by the general and other Assemblies of the Kirk, and matters civil by Parliament: So specially to crave, that the sanction of civil law, should be added to the Ecclesiastic conclusions, and constitutions of the Kirk and her Assemblies, lest there should be any repugnance betwixt the Ecclesiastic and Civil laws: which your Majesty did graciously condescend unto. And your Majesty's Commissioner representing your Majesty's royal person and power in the general Assembly, wherein all the Congregations and Parishes of Scotland are represented, after particular inquiry anent the true and real causes of the evils, which do so much trouble the peace of that Kirk and Kingdom. Having found that the 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 Episcopacy be removed out of the Kirk of Scotland, and that the Kirk be removed off the state; And declared all civil places and power of Kirk-men, to be unlawful in that Kingdom. And having ratified the Covenant, ordaining all the Subjects to subscribe the same with the general Assemblies explanation, in that sense: and being obliged to ratify the conclusions of the Assembly in Parliament: It doth necessarily 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 be taken away, which also by  consequence doth infer, that there be 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 unless the act of constitution of the Parliament, and act rescissory pass, it is impossible either to have a valide Parliament, or to ratify the conclusions of the Assembly: which your Majesty hath graciously condescended to perform, and which your Subjects are obliged to maintain: neither doth the passing of these acts wrong the Kirk nor State, nor diminish your Majesty's princely power, and royal authority; not the Kirk, because she hath renunced and condemned that civil power and worldly pomp conferred upon her in time of Popery, esteeming the same not to be a privilege, but a detriment incompatible with her spiritual 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 Kingdom, being represented by their Commissioners from Presbitries in the general Assembly, hath given their consent to the desires and conclusions of the Kirk, have with allowance of your Majesty's Commissioner, according to the ordinance of the general Assembly, and Council, sworn and subscribed the Confession of Faith, in that sense; and have always been, and are your Majesty's supplicants, That the Parliament may ratify what the Assembly hath found, and concluded: Neither can we believe that your Majesty (who we hear doth acknowledge Princes to be like shining stars, which have their splendour for the benefit of the world, and who esteems the prosperity, and welfare of your people, your greatest content, and the having of their hearts to be your Majesty's greatest security, which are the words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and which your Majesty hath so well learned, that they are abridged in the inscription of their coin, 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 Majesty's royal prerogative, and privilege of your Crown, which by our acts of Parliament is defined, to be that power which your Majesty hath over all estates and persons, and not any particular interest more in one estate nor another; and which is competent and reciprocal to the King, and doth pertain to your Majesty inviolably, and is no ways contingent, separable, nor mutable, with the change of any of the Estates; but is that power which doth justly belong to the King, before any Bishops were in Scotland, and which did belong to him in time of Popery, when Bishops were allowed, and had their dependence of the Pope, and which did likewise pertain to the King, in the time of reformation, when Episcopacy was abjured and removed out of Scotland. In the which oath, all the Subjects are sworn to maintain your Majesty's greatness, and authority, with their lives and means: which we shall acknowledge, and will be ready to defend, to the last drop of our blood.  
And seeing your Majesty's Subjects have no other ends, but such as serve for establishing of Religion, and the peace of the Kingdom, and are agreeable to the fundamental Laws thereof, and to the articles of pacification; And that the Parliament is the only lawful mean to remeid our evils, remove distractions, and settle a  and perfect peace. The sum of your Majesty's subjects their desire is, that your Majesty may be 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 proceed of the Parliament, we are most willing and desirous, according to your Majesty's commandment (for avoiding contestation about words) to receive the same in writ, and are content in the same way to return our Answers and humble Desires.   
After some questions moved by his Majesty, and by some of the Committee, which were answered by our Commissioners, and all that passed written by them, immediately by after their return to their lodgings from his Majesty. The conclusion of that days hearing was, that against the King's return from Hampton-Court, they should show his Majesty their Instructions. And after his Majesty's return upon the 8. of March, they were commanded to be at Whitehall the next day thereafter, at two of the clock in the afternoon, where so soon as they did appear before his Majesty, He did call for their Instructions, which they did exhibit and read: Their power was called in question, as being only subscribed by some Noblemen, and Gentlemen, and as not flowing from the Parliament, whereunto they did answer; That their Instructions were warranted by the Parliament, because they are relative to former Instructions, given to the Earl of Dumfermeling, and Lord Lowdoun, which were subscryved by a great many Noblemen, Gentlemen, and Burgesses who were present, sitting in Parliament, and that their last Instructions are subscryved by these Commissioners, who were appointed by the Parliament to make remonstrances to his Majesty, and receive the return of his answers, who were authorized with Commission from the Parlîament, to that effect: All which our Commissioners did instruct. And after long debating anent the validity of their power. The particular dispute, and reasonings whereof, our Commissioners did for their memory put in writ. The King's Majesty said, he would hear the particular reasons of their demands, whereunto it was replied, that their demands were only that the Parliament might proceed and ratify the conclusions of the Assembly, and determine anent the articles given in to them, according to the Laws of the Kingdom, and articles of pacification. And if there were any objections to the contrair, they were ready to receive, and answer the same in writ. The King said, It was his Commissioner behoved to give these, and that his Majesty was to maintain his actions. And thursday the 12. of March was assigned for their next hearing, and the King's Commissioner commanded to give his objections to them in writ, against that time.  
Upon the 12. of March, The King called for the power and warrant granted by the Parliament to these Noblemen, and others who had subscryved our Commissioners Instructions; which being contained in the declaration made by the Parliament, his Majesty commanded the whole Declaration to be read, did expostulat and quarrel the same, as trinching upon his prerogative: And divers objections were proponed against the Declaration, both by his Majesty and these of the Committee. Which was answered by our Commissioners, who did write what was reasoned, and answered concerning that point, and craved that what could be objected against that or any other of the Parliaments proceed, should be set down it writ, whereupon the King commanded the Earl of Traquhair to set down the state of the question in writ, which he did in manner following, viz:  

WHether are you warranted or instructed from Parliament, to satisfy his Majesty, anent his power of proroguing of Parliaments of himself, and of his own Royal prerogative simply; and whether a Parliament thus prorogued simply, by his Majesties own sole, Royal power, can or may sit before the time to which his Majesty hath prorogued the same.  
And if you have no warrant nor instruction herein from the Parliament, what is your own private Judgement therein.   
Likeas his Majesty commanded the Earl of Traquhair to give some other propositions, and querees, and the 16. of March was assigned to our Commissioners, to give in their answers, which propositions were delivered to them upon the day of March, which are these, viz:  

Protestation given in at the first prorogation of the Parliament, at least given into the Commissioner, to be represented to his Majesty.  
Act desiring the power of articles.  
New augmentation of customs, to be discharged, and no custom nor imposition to be imposed hereafter, but by advice of the Estates.  
No change of the value of money or coinage thereof, but by advice of Parliament.  
Book of rates to be revised by Parliament.  
The Castles of Edinburgh, Dumbarian, and Stirling, to be entrusted only to Natives, and these to be chosen from time to time, of honest men, by advice of the Estates.  
Act anent the judicatory of Exchequer.   
Because these propositions were delivered to our Commissioners, without any objection against the same, or querees, concerning these demands, They did require that if there were any querees to be demanded of them, or any objections to be made against these, or any other acts and propositions given in to the articles, That the same might be set down in writ. Whereunto it was answered, That his Majesty was to make no propositions to them, but that his Majesty being informed, that such motions, and propositions have been made, either in face of the articles, or to his Commissioner, hath taken notice thereof, as prejudicial to his Majesty's authority. And therefore required them to show the reasons why they did demand the same.  
Upon the 16. of March when our Commissioners did appear before his Majesty, They did present their answers in writ, to the former queree and propositions, in manner following: viz:  

AS our power and instructions from the Parliament, do warrant us to show, that their proceed and desires, are agreeable to the Laws and practice of the Kingdom, and to the articles of pacification: So we are enjoined particularly to answer all objections, which either were proponed, or which they conceived could be proponed against the acts and proceed 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 compass of our instructions, as that whereunto we have warrant to answer: It is also to be understood, that the propositions and acts given in to the articles, are not statutes, but are only 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 Kingdom, once being convened in plain Parliament, and having chosen articles, or entered on actions; hath ever been done with consent of the three Estates, as may be seen in the reign of King James 6. Queen Marry, 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, that your Majesty will be graciously pleased, to keep that order and form of prorogation of Parliaments, which all your most worthy and Royal Antecessours did. Neither did the Parliament expect, that your Majesty (who did graciously grant this Parliament for establishing of Religion, ratifying the conclusions of the Assembly, and settling the peace of the Kingdom; and hath accordingly given an ample power, under your Majesty's broad Seal 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 Majesty 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 than 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 infer, that the Estates wanted the King's consent; For it is usual that the denomination of acts of Parliament, is taken, sometimes from the King only, 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 Majesty's Secretary; That seeing the Parliament of England was continued, therefore 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) shown the Judgement of the Parliament, (whose Language and mind we ought now to speak, and not our own private opinions) anent the form and order of prorogation, which hath been constantly observed, in all preceding Parliaments, we do so much tender your Majesty's royal power and lawful authority (which we have solemnly sworn never to diminish) as we neither dare nor will presume to exceed our instructions, to define what your Majesty may do in the height of your power. For to dispute à posse ad esse, is both against Law and Divinity; And what ever your Majesty may do in the height of your power, we hope your Majesty will ever be graciously pleased to rule your Subjects according to Law, the continual practice whereof we have shown 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 otherways, affirmanti incumbit probatio.  
As concerning that act whereby it is craved, that the power of the articles may be defined, we have direction and information from the Parliament, to show the equity, lawfulness, and expediency of that act, which may easily be perceived, from the reasons contained in the narrative of the act itself, 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 Kingdom: For as it is clear by the history of that Kingdom, and the records of Parliament, that there was never such a thing heard of, as Lords of articles, until 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 plain 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 all preceding articles, introduced by & with the prelates: So do it fall & aught to be removed with them, ut effectus removetur cum fua causa: for they being removed, cannot choice the noblemen to be on articles, as the Noblemen cannot choose them, nor can they both together choice the Barons & Burgesses: So that it doth of necessity follow, that there be no articles, but that all be done in face of plain Parliament, as it was of old, or else (if articles be) that the order of election be from the whole Parliament: or that every Estate of Parliament, make choice of such of their own number, as are to be on articles: For according to the common received maxim, 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 Laws as are necessare for the good of the Commonwealth) ought to discharge that trust themselves, and not to intrust potestatem universis commissam to some few delegat persons, exceptonely in cases of necessity and utility, which either may be done or omitted, according to conveniency and occasion of affairs▪ For as this freedom of choosing or not choosing of articles, in practice and de facto, was arbitrary and changeable pro occasione & distinctione temporum. So there is never any statutorie law enjoining the necessity 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 boundless and illimited power, but be comptable to them; and the power of articles is only preparative, and no ways determinative, and is but curatio by virtue of a delegation, which ends at the redemand of the granter, and ought not ways to be privative of the Parliaments power, but only cumulative; and they ought before closing or riding of the Parliament, to render an account to them of all that hath been proponed or passed in articles, That the whole Parliament may have a competent time for consideration, agitation, mutual 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 be laws, which requires not only voicing, but also hearing, free reasoning, and ripe advisement; as is clear by the commissions granted by the Shires and Burroughs to their Commissioners, and from the acts of Parliament, K. Ja. 1. Par. 7. act 101. And acts of Parliament 1584. and 1587. K. Ja. 6.  
As for answer to the new augmentation of customs and book of rates. It is humbly acknowledged, that the customs belongeth to your Majesty, as a part of the patrimony due to your Crown: likeas by divers 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 customs of native and foreign commodities hath been imposed with consent of the Estates; and this new augmentation was only imposed by the Excheckquer, and condescended unto by some of the Burrows, upon promise (as is affirmed by them) made by the Earl of Traquair your Majesty's Thesaurer, That the present book of rates without alteration should be ratified in the next Parliament: the performance whereof was only craved, by that article given in, And that no new augmentation should be imposed upon custom, but that which is agreeable to justice and the Laws of the Kingdom: Which the burrows conceived, they might very lawfully represent to your Majesty, and the Parliaments consideration.  
The reason and occasion of that article given in to your Majesty and the Parliament, anent the value of money, and concerning copper-money, doth flow from the sensible loss and great prejudice, which your Majesty's Subjects of that Kingdom doth sustain by the huge quantity of copper money, which hath been coined there, and allowed with advice of your Majesty's Council to pass currant, at a rate so far above the intrinsique value thereof: as beside what is coined within the Kingdom, there are likewise a great quantity coined abroad in other countries', and brought 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 esteem and value of them to such an uncertainty and confusion, as no man knows now at what rate they should pass, or whether they should pass or not, which to your Majesty's Subjects is a very great prejudice; especially to Tradesmen, and other poor people, in whose hands, most part of that base money is, whose distressed condition cries to your Majesty for remeid. Likeas the importing of Dollars from foreign kingdoms, and tollerating of them to pass (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 coin; and the crying down of the Dollars thereafter by your Majesty's Council, at such a time, when as there was little or no other money in Scotland, occasioned great scarcity of money in that Kingdom. From the bypast experience of which loss, and for remeid thereof, that article craving, that the value of money should not be altered without advice of the Estates of Parliament, was given in without thought or intention to trinch in any sort upon your Majesty's royal authority; but that your Majesty for the good of your Subjects, may be graciously pleased, That the standard of the money, consisting in the fins, 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 fins, price, and weight of money hath been ruled and determined by Parliament, may be 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, & quoth 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 reigns 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 Majesty's self: There is commission given in Parliament to the secret Council, 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 Majesty's predecessors, and your Majesty's self, with advice of Parliament: neither is it meaned, nor intended, that your Majesty's royal privilege, (which hath been and is due to your Majesty, and your royal antecessours) shall thereby in any fort be trinched upon nor impaired.  
The reason of that article, whereby it is humbly craved, that the castles of Edinburgh, Dumbartan, and Striviling, may be entrusted only to Natives; and these to be chosen by advice of Parliament, of such faithful and honest men, as do tender your Majesty's honour, and the safety of the Kingdom: may be seen not only from the nature and importance of the charge, but likewise from the former practice of your Majesty's royal predecessors, who did dispose of these castles, with the special advice and counsel 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 artillery of the same, etc. Item fol. 21. cap. 35. K. Ja. 6. in the old acts. The three Estates ordains the castle of Dumbar, and fort of Inchkeith to be demolished and destroyed, that no foundation remain thereof. Likeas by divers unprinted acts, as in anno 1578. and 1585. and 1606. Your Majesty's houses hath been disposed of with advice of Parliament. And not only national statutes, but the common law of nature and Nations, do forbidden the receiving of strangers, to be keepers of the strengths of a free Kingdom. And when the Parliament of Scotland 1604. gave commission anent the Union with England, with exception of reserving of free Monarchy, and the fundamental laws, liberties, and privileges of that Kingdom: Your Majesty's father in his printed speech to the Parliament of England 1607, when he interprets that clause of fundamental laws, declares that he could not make Scotland a naked Province without liberty, and set Garrisons over it, as the Spaniards do over Cicilie and Naples, or govern them by Commissioners: So that his Majesty in his own interpretation doth acknowledge, that the putting in of Garrisons, 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 fundamental laws and liberties of Scotland, and the using of it like a naked conquest Province, like unto Cicilie, Naples, or Ireland. And as your Majesty's Subjects gave an undoubted proof, how tender their minds are in the point of obedience to your Majesty's commandments, not only in delivering of the Castles to be disposed of, at your Majesty's pleasure, without any assurance, other than their confidence in your Majesty's goodness and justice; so have they of late given a very submiss and rare testimony of their obedience, in the humble reception of these strangers, and ammunition, which your Majesty was pleased to send to the Castle of Edinburgh, where the honours of the Crown and Kingdom, and registers are kept: preferring their obedience to your Majesty's commandment, to their own safety, even at this time, when their ears are filled with rumours of hostile preparation against them: All which makes them, and us in their names, humbly to supplicat and expect, that your Majesty will be graciously pleased by recalling of that Garrison, to free your loyal subjects of these fears and dangers, who will ever be ready to hazard their lives and fortunes to do your Majesty service. Neither do they in the act, which is given in to the articles, arrogat or assume power, by themselves to appoint keepers for your Majesty's Castles; but do humbly crave, that your Majesty may out of your goodness, be graciously pleased to declare, for further satisfaction of your Subjects, that the Captains and Commanders of your Majesty's Castles, may be 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 Majesty's Council, to be men of such quality, as are fit and able to undergo that charge, which in the judgement of the Parliament, derogats nothing from your Majesty's royal power.  
As for reasons of the act, anent the judicatory of the Exchequer, we have set down some few of the many reasons which do sufficiently prove the equity, & justness thereof.  
1 The Session and Exchequer 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 nullity of rights, is competent to be decided by the Lords of Session, by way of action, or exception; it is altogether incompetent to be discussed by the Lords of Exchequer.  
2 The Lords of Exchequer are incompetent judges in a declaratour of nullity, by way of action, and consequently cannot annul 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., (entitled, Commission to the Exchequer anent deciding suspensions in the King's cause) that before the said act, the Exchequer had not power to decide in suspensions, while it was given them by the Parliament: fare less than can it be thought, that they ever had, or can have power to decide in the point of heretable rights: Neither doth the late act 1633, authorise the Exchequer to decide therein expressly: And if it be truly considered, some general words contained therein, intermixed with the particular cases therein expressed, should not, nor cannot be extended to so high a point, as the disputing and deciding of the Subjects, their heretable rights. Likeas at the making of the said late act, the Lords of Session having heard some surmise, that your Majesty's Advocate was giving in such an act; seven or eight of them convened together, and sent for the Advocate, who assured them, that there was not, nor should not be 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 Exchequer to dispute, let be to decide in heretable rights. And as the Subjects heretable rights and infeftments are by this act saved from being decided, or annulled by incompetent judges; so your Majesty is no ways prejudged thereby, seeing the Lords of Session, who by the laws of that Kingdom are proper and competent judges of heretable rights and infeftments; may and will decide any questions, which may concern your Majesty, the nature, tenor, and validity, of any heretable right.   
After reading and debateing of the former answers, and agitation anent the Earl of Traquaires carriage in Parliament (in refusing these things therein till, whereunto he had consented in the General Assembly, Especially that act of Assembly of the date the 17. of August, whereby Episcopacy, and the civil power and places of Kirkmen, was condemned, as contrary to the Confession of faith, and constitutions of that Church; And declared to be unlawful, and removed out of that Church and Kingdom, and all the subjects by act of the Assembly, with the Commissioners consent, ordained to subscryve the Confession of faith with the Assemblies explanation) Our Commissioners (as they at the closure of all their hear) did humbly crave, That his Majesty would be graciously pleased to command the Parliament, to proceed and ratify the conclusions of the Assembly, and pass such other acts as were  for establishing Religion, and the peace of that Kingdom: And did require, that his Majesty would signify his pleasure concerning the desires of the Parliament, and did urge their dispatch, showing his Majesty, the danger and prejudices which might result from delay: But his Majesty commanded them to attend his time and leisure, and appointed the 23. of March for the next hearing. And that all farther propositions and demands which were to be made to them, would be given in to them in writ, that they might answer the same against that time.  
Upon the 20. day of the foresaid month of March, about six a clock at night, The Earl of Traquair sent to our Commissioners these propositions following.  

PRotestation against the Thesaurer, and privy seals precedency, That their giving way to the Thesaurer, and privy 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 Majesty, to be considered till the next Parliament, was thereafter questioned by some of the Nobility and Barons, who orged the same to be brought in, in open Parliament, without any such reference.  
Article craving every Commissioner of the Shires to have a several voice.  
Article craving the Parliament to choose their own Clerk, or to have two of every Estate joined with the Register, and that all acts voiced in Parliament, be immediately subscryved by two of every Estate.  
Article for every Estates choosing of their own Lords of articles.  
Act discharging proxies.  
Article against the book entitled (a large Declaration)  
Commissioners of Shires to give a roll of freeholders, out of which the Justices of peace are to be chosen.  
Act anent the disorders of the North.  
Articles craving the Council to be subaltern, and censurable by the Parliament.  
No patent of Nobility to be granted to any, but such as have Ten thousand marks of yearly Land rend.  
No taxation to be granted, but in plain Parliament.  
Act of pacification.  
Article craving particular Commissions of justiciary and leiveteinandrie to be discharged.  
Article in favours of Sheriffs and Stewards only 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 party.  
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 duty paid to the Conservatour upon the coal.  
Article craving the ammunition and arms brought in since the beginning of these troubles, to be free of custom.  
Article anent the election of the precedent of the Session, and admission of the Judges presented by his Majesty.  
Act craving Statesmen being Noblemen, to have but one voice.  
His Majesty's warrant, for Master William Hay his deputation in his father's place, opposed by the rest of the Clerks.   
Upon the 23. day of March, the subsequent answers were presented to his Majesty, by our Commissioners, to these former propositions, viz:  

THe protestation made by some Noblemen, that their giving way to the present Thesaurer and privy Seals precedency, should not prejudge them of their right; Carries the reason of the protestation in itself: Because in Law and practise it is usual 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 lawful 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 only craved prout de Jure.  
The act anent the constitution of the Parliament, remitted by the articles to be considered by your Majesty till the next Parliament, was questioned and urged, that the same might be brought in open Parliament, without any such reference; for divers reasons: First, because in that act there was a clause, craving it might be enacted, that there should be stataria parliamenta, once in two or three years at least; at which clause of the act, so soon as it was understood by the proponers, and ingivers thereof, that your Majesty might conceive the same to deerogate from the freedom of your royal power of indicting Parliaments, when your Majesty pleased; They did pass from that part and clause of the act. And albeit it may easily be demonstrat from the prejudice which your Majesty's ancient and native Kingdom susteines, through want of your royal and personal presence, and their living at so fare a distance from the place of your Majesty's residence, how requisite it is, that there be frequent Parliaments holden in that Kingdom: yet lest the desires of your Majesty's subjects, might seem in any ways to trench upon your authority, they did pass from that part of their desire, and did only insist, that there might be a right constitution of the Parliament,; and that an act might be passed for rescinding and repealing of such former acts of Parliaments as repugn the acts and conclusions of the Assembly, which is conceived to be so absolutely , as there neither can be a valide Parliament, without the same; nor can the acts and conclusions of the general Assembly be ratified; which to refuse were both contrar to the principal end, for which the Parliament was indicted, and against your Majesty's royal and gracious Declarations; And that it is impossible, (without passing the rescissory act and act of constitution) to have a valide Parliament, to ratify the conclusions of the Assembly, is manifest: Seeing by the former constitution of the Parliament, no act of Parliament can pass without the consent of the three Estates, of which the Kirk was the third; As is to be 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 passed in this Parliament (till the Parliament be lawfully constitute without prelate's, or any other representing the Kirk) cannot be valid, but may be quarrelled and annulled, upon that formal and fundamental 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 Prelates voting in parliament, and representing of the third Estate, was a privilege granted to the Kirk; and that they as her office-bearers had only vote in name of the Kirk, may be clearly seen by the 231. act. Par. 15.1597. K. Ja. 6. Where the King's Majesty, and his Highness' Estates, restores Ministers provided to Prelacies, to have vote in Parliament, and that upon this reason, as having special consideration of the great privileges and immunities granted by his predecessors, to the holy Kirk within this Realm: and to the special persons exercing the office, dignity, and title of prelates within the same, which have represented one of the Estates: And that the said's prelates have been from time to time conserved in the same integrity wherein they were at any time before; So that his Majesty, 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 dignity of a Bishop or prelate, shall at all time hereafter have vote in parliament, suchlike and as freely as any other Ecclesiastic prelate had at any time bygone. And that all Bishoprics shall be disponed to actual preachers, which proves, that in time of popery, and ever until that time 1597. this privilege of vote in Parliament was granted to the Kirk, and only to the special persons, who by virtue 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 Crown, notwithstanding whereof they did vote still in Parliament in name of the Kirk, (having no Temporalities at all) till the Parliament in the year 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 prelates, as one of the privileges and liberties granted to the Kirk, whom they did represent, and did ever sit pro Clero upon his Majesty's right hand, and voice in name of the Kirk.  
But seeing in the late General Assembly holden at Edinburgh (after particular inquyrie anent the true and real causes of the evils which did so much trouble the peace of that Kirk and Kingdom) It is found that the government of the Kirk by Bishops, and civil places and power of Kirk-men, especially their voting in Parliament, amongst other novations brought in that Kirk, were two main causes of these evils. And that the General Assembly, with consent of your Majesty's Commissioner, representing your royal power and person, hath removed Episcopacy our of the Kirk of Scotland, and declared all civil places and power of Kirk-men to be unlawful in that Kingdom, 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 general assemblies explanation in that sense: And your Majesty being obliged to ratify the conclusions of the assembly in Parliament, It doth necessarily follow, that Bishops who usurped to be the Kirk, and did in name of the Kirk, represent the third Estate, be taken away; which also by  consequence doth infer, that there be 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 as a detriment and prejudice incompatible with her spiritual nature: Neither doth the passing of these acts, wrong the Kirk nor State, nor diminish your Majesty's Princely power; as was demonstrat by that which was spoken to your Majesty the 3. of March, and which we did thereafter present to your Majesty in writ, which (for brevity) we abstain to repeat. And if your Majesty's Commissioner deny, that he did consent to the act of assembly August 17, whereby Episcopacy, and the civil places and power of Kirk-men, and in special their voting in Parliament, was declared to be unlawful, 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 general assemblies explanation; we offer to prove 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 truth whereof we are able also to verify and make good, by witnesses of all ranks of persons, who were present at the assembly: And so soon as these Declarations which the Commissioner caused registrate in the books of Council, as being emitted by him in the general assembly, were required to be insert in the records of assembly, (which was eight days 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 contrary to the acts thereof, and true declarations made by the Commissioner in the general assembly, which are registrate in the books thereof, and doth bear his consent, for which he got public thanks.  
The reason of that article craving every Commissioner of the Shires to have a sever all voice, appears in the very proposition itself; For that any who by the laws of the Kingdom, and by their commissions, comes authorized, as Commissioners, to hear, treat, and determine in Parliament, and yet not to have a decisive voice in Parliament, seems to be repugnans in adjecto; and that by the ancient practice, the whole Barons and Freeholders' within that Kingdom, had vote in Parliament, may be seen in the old records of Parliament, as in the reign 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 enjoined to come to Parliament, to treat and conclude, notwithstanding whereof no such privilege was claimed in this Parliament, but only craved the declaration and determination of the Parliament, whether each Commissioner of the two sent from a Shire, have right in law of a several decisive voice, which if at any time it hath been marked otherways; they allege the same hath proceeded from the ignorance, error, or corruption of the Clerk: And as the Barons and Freeholders' are the far greatest part of the body of that Kingdom, 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 necessity of coming, and of the unlaws, which they were liable 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 several decisive voice. And the act of Parl. holden by K. J. 6. an. 1587. bears that the Commissioners of Shires, shall be equal upon articles with the Burrowes, and shall have votes in Parliament: The meaning whereof doth import, that every one of the said's Commissioners shall have a decisive voice, because quod de omnibus dicitur, de singulis dicitur: and if both the Commissioners of one Shire, should have but one decisive voice, than 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 be chosen upon the articles without the other; both which are contrare to reason and custom. And it is undenyablie true and constant, by continual custom, that when there is only one of the two Commissioners of a Shire, chosen upon the articles, that one by himself without concourse of his colleague hath a plenary voice in articles: Therefore it follows necessarily, that as every one of two Commissioners, have a full voice in articles, so each one of the two should have a full voice pierce, 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 Baron's voices, is not to demand or crave any new thing, or novation, or new privilege to be granted to them, but only craves the declaration and determination of Parliament, which in justice may be craved by any who desire their right to be cleared: Neither is there any such thing craved in Parliament, as the choosing of any other Clerk, but it was only humbly craved, that some should be 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 choose their own Lords of articles, or else, That the Lords of articles be chosen from the whole Parliament, is agreeable to the liberty of all free judicatories, who have power to choose their own preparative Committees, who except they be chosen by the judicatory itself, or by these whom they do represent, cannot be justly reput to have any power from them; for their power is only from them, from whom they are delegat, and they can only 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 in one of our former answers, anent the power of articles, which is coincident with this article, we remit to the former answer.  
The reasons of that act, desiring that proxies may be discharged, and that no patent of Nobility be granted to any but such as have 10000 marks of yearly land rend; are contained in the act itself, & it seems not to be agreeable to reason and equity, That the honour and power of voting in Parliament, which is conferred on Noblemen, and their successors personally, and whereby they have power to reason, voice, and judge according to law and conscience, can be entrusted to another, with an implicit faith; to determine and give the judgement of the granter of the proxy, in matters of highest moment, concerning Religion, your Majesty's service, and the good of the Country, before the granter thereof know so much, as what is to be proponed in Parliament: And as concerning the second part of the act, craving that no patent of Nobility may be granted, to any who are not Natives, but such as have 10000 marks of Land rend: The same was remitted and recommended to the Commissioner, to be represented and remonstrate to your Majesty, whose gracious answer they do expect.  
As concerning the book entitled, (A large declaration) The general Assembly taking notice thereof, and conceiving that thereby your Majesty, that Kirk, and whole Kingdom is wronged; did give in a supplication to the Commissioner, and Lords of your Majesty's privy Council, humbly craving to represent the same to your Majesty's gracious consideration: Likeas in the articles of Parliament, the Estates did humbly recommend the Assemblies supplication to the Commissioner, for obtaining graciously the desire of the said supplication: Neither did they know a more humble and respective way for redress and removing these imputations which lies upon them by occasion of that book: concerning which, amongst the other particulars recommended to the Commissioner, to be represented to your Majesty. They do confidently expect the return of your gracious answer.  
As concerning that proposition, whereby it is desired, That the Commissioners of Shires may be allowed, to give in a roll of free holder's, out of the which the Justices of peace are to be chosen: The reason of that desire is, Because the Commissioner of each several Shire, knows best who are the fitteft and ablest men, within their own several Shires, for your. Majesty's service, and the good of the Country, which is no ways craved to derogat from your Majesty's power of choosing; but only as an expedient, to be past or refused, as your Majesty, 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 insolences committed these divers years bygone, and of late in those parts; the redress and remedy whereof, and for keeping peace in that part of the Country, deserves your Majesty's 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 Majesty should find expedient, and conducible for the peace of the country, which we hope your Majesty will ever tender.  
The reason of that article, or act, craving the Council to be subaltern, and censurable by the Parliament, Is from the warrant of former Laws, cited in the act itself, 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 be revived; And that the Council and Session, may be comptable to your Majesty, and the Parliament, for any injustice shall happen to be committed by them.  
Where it is alleged, there was one article, That no taxation should be granted, but in plain Parliament, we remember of no such article or motion proponed.  
As concerning the act of pacification, The warrant and ground thereof, flows from the humble petitions and remonstrances of your Majesty's Subjects, wherein they did clear their loyalty, and made offer of their civil and dutiful obedience to your Majesty. And which by their humble supplication to your Majesty's Commissioner, and Lords of Council, and to the Estates of Parliament, insert and registrat in the records thereof, They have again solemnly renewed. And from your Majesty's favour, in condescending to the articles of pacification, wherein your Majesty was graciously pleased, That an act of pacification or oblivion, should be passed: And in the narrative of the Act itself, there is one humble and thankful acknowledgement of your Majesty's goodness and Justice, and is drawn up in such terms, as was conceived, might best express your Majesty's fatherly care and goodness, toward your ancient and native Kingdom, without wronging the true and loyal meaning and intention of your Majesty's Subjects: And as for the body and legal part of the act, the same was after much debating, framed with advyce of Lawyers, and consented unto by the parties chief interessed.  
As to that article anent particular commissions of justiciary and Lieutennandrie, all which was intended or desired thereby, was, That the abuses of these commissions, might be in all humility represented to your Majesty, by your Commissioner: And that your Majesty might be graciously pleased, to grant the like commissions, only upon weighty and  causes, and to endure only during the time of necessity, and the ingivers of the act was content to have it reform that way.  
As concerning that act given in for sheriff's and steward's, craving that they might only be obliged to produce hornings for the taxation; It is not a new desire, but that which hath been craved by them in divers former Parliaments; And they think, that production of horning against the persons liable in payment, should be an exoneration to them; because they allege, they want many of the casualties and benefices, which Sheriffs had of old by virtue of their office.  
As concerning the proposition which was made, anent the patent for making of powder, All that we remember was craved by the ingivers of that article, was, that in respect the Earl of Linlithgowes' patent, was void by a clause irritant in his patent, whereby he was obliged to keep the Works going, and which are now decayed, and the Country frustrate of the benefit and profit which might have accressed to them through that commodity: That therefore it might be allowed to any who were most fit and able to undergo the work to make powder.  
As concerning the act given in for discharge of remissions for murder, slaughter, theft, but upon satisfaction to the party; All that was intended or craved thereby, was only, That the heavy prejudices redounding to the Country by remissions, purchased upon misinformation, might be by supplication presented to your Majesty's consideration; That by your Majesty's goodness 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 Majesty's power or authority, which was done with the Commissioners consent: Likeas it was recommended to him, to represent the same to your Majesty, with the reasons thereof.  
The reason of the act of common relief, is, Because as the blessings of Religion and peace, which from your Majesty's happy government and fatherly affection to your Majesty's ancient and native Kingdom, especially at this troublesome time, are common benefits, 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 proportional 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 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 Majesty's consent, and royal authority is humbly craved to be added, that the same may flow from your Majesty's goodness and Justice, and have execution to infer payment thereof, seeing the whole Commissioners of Shires, and Burrowes, and the whole Nobility (very few excepted) are content freely and willingly to make offer of their proportional 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 be 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. be repealed simply, but that the meaning of that act may be explained and interpreted.  
As for the article or act, anent the duetic paid to the conservatour upon coal, The same is craved to be discharged by the coal-masters, because it was an unlawful 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 passed in articles.  
The desire, craving ammunition, and arms brought in, to be custome-free, is warranted in Law, in so fare as the commodities either expected or imported for the particular use of Noblemen, Barons, and Freeholders', which are for their own use, and not to be sold again, are by act of Parliament declared to be custome-free.  
As concerning the article anent the election of the Precedent 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 fare as concerns the freedom of election, to be made by the Senators: of the College of Justice, of the precedent thereof, without any other clause of the said act: Neither doth the act given in, bear any thing concerning the admission of any other Judges presented by your Majesty.  
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 father's place: The Commissioner to whom they did produce their reasons in writ, can best give an account thereof.  
And albeit we have in obedience to your Majesty's commandment▪ according to our bond duty, shown the reasons why these propositions (whereof your Majesty hath taken notice, as prejudicial to your authority) were demanded, yet many of these propositions are of so small moment, being only and me early about the interest of private persons, as they are of no public concernment, & de minimis non curat lex. Nor doth the Parliament stick upon these or any other articles of that kind any farther; nor as they have clear warrant of Law, and as your Majesty and Estates shall find them convenient for the good of your Subjects: But the humble and earnest desire of your Majesty's Parliament, is, That seeing we have shown your Majesty their humble desires, and reasons of their demands) your Majesty may be graciously pleased to command the Parliament to proceed, and ratify the conclusions of the Assembly, and pass such acts as are  for establishing of Religion, and for the good and peace of the Kingdom, according to the articles of pacification, That by the mutual embracement of Religion, and Justice, under your Majesty's happy government, Truth and peace may kiss one another, and the joy and cheerful obedience of your Majesty's Subjects may be increased.   
After the delivery and reading of which answers, and answering all objections which were proponed by his Majesty, or those of the Committee thereupon, (which our Commissioners immediately after their parting with his Majesty, did put in writ) They declared that they had according to their Instructions, with honest and willing hearts performed that charge which was laid upon them, and did show his Majesty, how much Religion, and that whole Kingdom did suffer by delays: And that it would please his Majesty to give them their dispatch, that they might return to those that sent them, who are longing much for the return of his Majesty's gracious answer. Being thereafter removed, and within the space of half an hour called in; The King's Majesty said, That he could not now appoint them any time for dispatch: But that his Majesty would take his own time to consider of their answers, and would then make his farther pleasure known to them.  
AFter that our Commissioners had thus acted their part faithfully, in what was committed to them by us, demanded of them by the King, and could be expected from them by others: This Declaration cometh forth under his Majesty's name, which may make his Majesty's pleasure known to them, and no more but known, they being shut up and one of the Noblemen put in prison, upon some pretensions of our powerful enemies (which what they are shall appear afterward) so that they are deprived not only of the benefit of further hearing, but of all liberty to just fie themselves, and their proceed. A necessity therefore is laid upon us to compare the Proceed with the Declaration, that if there be any demands, accusations, or objections (as we believe there be few or none) which have not been proponed to them, they may now be examined by us and satisfied.  
First, concerning the form of electing the articles, nothing can be said by us, which can so satisfy the minds of such as are not acquainted with this difficulty, as the article itself as it was conceived, (which yet with other particulars of this kind we are constrained to spare, lest these papers grow to a greater bigness than we intended) for the article is disjunctive, that either the whole Parliament, or each estate by themselves severally shall choose the articles: And therefore although it were proven by some practics, that every Estate did not choose their owned articles, but that they were chosen by the whole Parliament, this doth not militat against us, but falleth into the other part of the disjunction contained in the article: We holding this constantly, that neither by the records of Parliament which are keeped up from us, and unto which we appeal, nor (so fare as we can learn of old Noblemen who have assisted in Parliament for many years) by the testimonies of Parliamentary men in the year 1609. and 1612. specified in the Declaration pag. 21. or any other year before 1617. can it be shown that the form used since the year 1617. had place in the election of the articles; it was introduced with the Prelates, and must go forth with them again: it being impossible that Bishops having no place in Parliament by virtue of the act of Assembly, and of his Majesty's Declaration, promising to confirm the acts of the Assembly, can have any place in the articles. And therefore that it was necessary that the election of the articles should be altered unto the form used before 1617. even when Prelates had voice in Parliament; which can neither reflex upon his Majesty's royal authority, nor upon the internal life, or external lustre and glory of the high court of Parliament. What is objected for the power of the articles, Declaration pag. 21. is so clearly and fully answered by our Commissioners, pag. 19, 20, 21. that nothing more Nothing can belong to them by virtue of any preceding act of Parliament, or by the nature of the thing itself, which is to be a preparatory committee for the Parliament, that shall by us be denied, although it must be confessed that it belongeth properly to the Parliament to determine their power, as in their wisdom they shall find convenient.  
Concerning the constitution of the Parliament, it was  that it should suffer also some alteration, but that was accidental and by inevitable consequence following upon the act of the Assembly, and subscription of the Covenant by his Majesty's Commissioner, and upon his Majesty's irrevocable Declaration, which can never be interpreted to have any affinity with Treason spoken of in the Declaration, except we will say that the King's Majesty and the whole Estates of Parliament who have full and uncontrollable power to make and abolish laws can run themselves in the guiltiness of that crime upon changing of their own laws and customs: the fear is greater, that acts of Parliament made for the advantage and advancement of Prelates against the Confession of Faith and Covenant of God, and against many protestations of the Kirkbe Laes-Majestie divine to be repent of, lest it pull down upon us the wrath threatened this day.  
Acts of rescission or repealing are so , that it were not only an incongruity, but a repugnance to make a new act, and withal to suffer former acts ordaining the contrary to stand in vigour, and not to abolish them: but the cause of quarrelling is in the matter of this act of rescission, which cannot be remeeded, except by rescinding of the act of Assembly, of the Confession of faith and Covenant, and of his Majesty's Declaration which we trust shall never be repent of, since it can be no diminution of his Majesty's right or power in Assembly or Parliament; and since the Pastors of the Kirk desire not to meddle with the civil affairs of the Kingdom, and are hearty content, for their means of life and any temporal thing that they possess, to be represented by the temporal estates of Parliament, as the rest of his Majesty's Subjects are, whatsoever their calling or quality be. Were the fountains and first original of this place and power of spiritual or Kirk Lords discovered, they would be found so bitter and venomous both to King and people, that they would be soon disgusted of them, and would be glad to apprehend the opportunity of the temperament and moderation of Kirkmen, willing to sequestrate themselves to the care of souls from State affairs, and secular government, which have ever proven unlucky in their hands, as never being created of God for such a work, and the bane of Religion, and the service of God, as we of late and many other nations before us have found.  
It is known that an act of oblivion in such a case of peace making and accommodating of affairs, is very different from an act of Remission: for although it beseemeth not Subjects to stand upon pointiles, subtleties, or compliments with their Prince, yet knowing the minds and malice of our adversary's, who upon the least word from us would begin to justify themselves and condemn us from our own mouths against their just sufferings, that they might be conquerors in the end. And resolving to remain constant in the Confession of our own innocency, that we had neither deserved the imputation of Rebellion and Treason, nor yet any hostility and invasion, but were certain ourselves, and laboured to certify the King's Majesty of our uprightness and sincerity in all our actions, we judged it most reasonable in humility to acknowledge his Majesty's justice, goodness, and fatherly care in giving way to the settling of th●se commotions, and withal to have the authors and abettors to bear their own blame and burden, whereof to exoner them were to wrong the King's honour, and without faultiness to defile and oppress ourselves and the cause of God.  
The answers of our Commissioners, Concerning the act of relief, and the Five demands, pag. 26. 27. and to many other propositions made to them, are so full, that we need to add nothing; Our adversaries have concealed more of the grounds of our actions as they are proponed by our Commissioners, supposing, it may be, that they should never see the light, than they have opposed unto the truth express by them, yet one point of their artifice, it is not meet that we should pass over, They charge us, upon our propositions of keeping our Castles by natives, and of denying patents of honour to strangers, but by such as have a competency of Land-rent within the Kingdom, that thereby we are working division, and wakening ancient Nationall animosities, and in the mean while they fall in the fault themselves, and labour by all means to provoke the English against us, that our mutual union of brethren may be changed in a slavery and subjection of the one Nation to the other, that the glory of one of the two Crowns may be h●d under the other, and there may be no other relation but of Master and servant, which may have more awe and authority, but less love and good liking. We indeed profess, that at this time it is hard to admit Garrisons of the English within our Castles (although for winning the King's Majesty to think the better of us that hath been done) and we refer to the English themselves, wh●ther they think it reasonable or well grounded policy to confer titles of honour and voice in Parliament upon men who neither have place, nor office, neither house nor land, neither sowing nor reaping in this Country But it is comfortable to us to think, and is unto us a ground of many hopes, that the two Nations so long, and so far divided before, are in our time straight joined, not only by natural union in one Island, but also spiritual in one Religion, civil under one Head, moral in the mutual interchange of so many duties of love: And domestical, by marriages and allyances, bringing forth children to be pledges of increasing and ever-during love to both Nations; we hearty wish, that all our Countrymen honoured there were like Joseph, or Daniel, or Mordecai, men of many blessings unto them, although through the absence of our King we be deprived of the opportunity and means, that they may wish the like happiness unto us here: Neither shall there be any favour put upon our postnatis amongst them in Parliament, or otherways, but we shall strive in all thankfulness to equal it according to our small power. But withal we wish that our unworthy and disnatured Country men may find small respect there: and such as are highly respected and honoured, forget not in the time of necessity the Religion and liberties, the soul and life of the mother that bore them, and the breasts that give them suck.  
When the Parliament had proceeded in their articles and demands after this manner, and upon very good grounds we promised unto ourselves a peaceable conclusion. The Lord Commissioner showeth, that it is his Majesty's will that the Parliament be prorogated to the 2. of June, and that by his Majesty's authority only: of the prorogation, the praetension is pag. 30. that our aim was not now for Religion, but to alter the whole frame of civil government: The deduction of our proceed by our Commissioners hath shown what our aim hath been, and what reasons and means we have used to attain it. The settling of Religion, as it should be determined in assembly, was promised. And therefore no necessary consequence thereof, although importing some alteration in the members or order of the Parliament, should have been denied. Other matters of Religion may be settled by Law, without the smallest alteration of Parliament. But when it is found by the Assembly of the Kirk to be against Religion, that the Ministers of Christ be Lords of Parliament, a change in Parliament must needs accompany it. Other things were promised, which might conduce for the good and peace of the Kingdom. The particulars which were presumed to be of this kind, were proponed and demanded, and aught to have been disputed in face of Parliament, and either received or rejected as they did deserve. Of the proroguing of the Parliament by his Majesty's mere commandment, the reason is given pag. 31. because we had disputed it: upon what grounds the dispute was, may be apparent from the declaration of Parliament: Which we have here set down for two reasons: One is, that itself may be in stead of an answer against what is opposed. And therefore we only desire, that after the censure thereof is read, it may be read the second time, and considered, and there will need no other reply: Another reason is, that the difference may be seen betwixt the declaration which was made by us in the , and that which was printed by his Majesty's authority; we mean not escapes of the Printer, but wilful errors of the Author, that no man may any more be ignorant, how far the King there, and the Kingdom here are abused; we suppose the Reader to be honest and judicious, that we need not insist in exponing the causes why such and such parts of our Declaration are left out: and therefore will content ourselves to describe the words and clauses which are passed over in a small Character.  

The Declaration of the Estates of Parliament, concerning the prorogation of the Parliament, etc.  
WE Noblemen, Barons, and Burgesses, Commissioners of shires and Burrowes convened in this suprcame Court of Parliament by his Majesty's solemn indiction, and holden by John Earl of Traquair his Majesty's high Commissioner, do with all dutiful and loyal respect unto the Kings most Excellent Majesty, and with our best affections to the preservation of the Body of this Kingdom which we now represent, make known, that where contrary to the malignant disposition, and the wicked devises and practices of some of our disnatured Countrymen and their complices, his Majesty's 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 advice of the Counsellors of both Kingdoms, declare and assure, that it was his Royal will and pleasure for afterward, That all matters Ecclesiastical should be determined by the Assemblies of the Kirk, and matters civil by Parliament, and other inferior judicatories established by Law, which was and is the sum of our whole desires; and therefore was pleased to indict a free General Assembly, to be convened at Edinburgh the 12 of August for settling the peace of the Kirk, and a Parliament to be holden 26. August, for ratifying the constitutions of the Assembly, and for settling such other things as may conduce for the peace and good of the Kingdom. And because his Majesty could not be present in his own Royal 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 final conclusion both in Assembly and Parliament, against all fears offrustration, and jealousies of prorogation, or delays. And forsameekle as John Earl of Traquair, his Majesty's Commissioner, honoured with a most ample Commission, according to his Majesty's Royal word, having closed the Assembly, and having sitten with us in Parliament a very long time, for debating and preparing such articles as were to be 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 proceed, to witness their loyalty to the King, and duty to his Grace, as representing his Majesty's sacred person, to prorogate the Parliament upon a private warrant, procured by sinister information, against his Majesty's public Patent under the Great Seal, 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 do directly disassent, which warrant is now expired in itself, and is not renewed under the quarter Seal; whereby he doth heavily offend all his Majesty's good Subjects, and endanger the peace of the whole Kingdom, for which he must be liable to his Majesty's Royal animadversion, and to the censure of the Parliament; this being a new and unusual way without precedent in this Kingdom, contrary to his Majesty's honour, so fare engaged for present ratifying of the acts of the Kirk, contrary to the Laws, Liberties, and perpetual practice of the Kingdom, by which all continuations of Parliament once called, convened, and begun to sit, have ever been made with express consent of the Estates, as may be seen in the reign of K. Jam. 6. Q. Marry, 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 public peace both of the Kirk and Kingdom, which by reason of the present condition thereof, 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 Kingdom, to bring both to utter ruin and desolation. THEREFORE We the Estates of Parliament, out of our zeal to acquit ourselves according to our place both to the King's Majesty, whose honour at all times, but especially convened in Parliament we ought to have in high estimation, and to the Kingdom which we represent, and whose Liberties shall never be prostitute nor vilified by us, are constrained in this extremity to manifest 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 be contrair to the constitution and practices of all preceding Parliaments, contrair to the Liberties of this free and ancient Kingdom, and very repugnant to his Majesty's Royal intentions, promises, and gracious expressions in the articles of the late pacification, which we trust will be no sooner presented to his Majesty's equitable consideration, but the adversaries who have informed against us, shall be driven from his Majesty's presence, and receive their deserved recompense of reward. And we do further declare, that any prorogation made by the Commissioners Grace alone, without consent of the Parliament by himself, or any Commissioner in his name, or under the quarter Seal, or by the Lords of the Council, who have no power at all in matter of the Parliament during the sitting thereof, shall be ineffectual, and of no force at all to hinder the lawful proceed 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 Council, and determining causes in Council 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 riding 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 Kingdom, freedom and custom of Parliament, and that they be no preparatives, practics, nor prejudices in time coming against us or our successors. But because we know that the eyes of the world are upon us, that Declarations have been made and published against us, and malice is prompted for her obloquys, and waiteth on with open mouth to snatch at the smallest shadow of disobedience, dis-service, or does respect to his Majesty's commandments, that our proceed may be made odious to such as know not the way how these commandments are procured from his Majesty, nor how they are made known and intimat to us, And do as little consider, that we are not now private subjects, but a sitting Parliament, what Nationall prejudices we have sustained in time passed by misinformation, and what is the present case of the Kingdom. We therefore declare, that whatsoever by the example of our predecessors in the like cases of necessity, by his Majesty's indiction, and by the articles of pacification we might do lawfully in sitting still, and which in this extreme necessity were justifiable, not only before so just a King, but to the faces of our adversaries: yet out of our most reverend regard and humble desire to render not only all real demonstrations of civil obedience, but to put fare from us all show or appearance of what may give his Majesty the least discontent, We have resolved for the present only to make remonstrances to his Majesty of the reasons of our propositions and proceed in this Parliament, and how necessary it is, that without delay a speedy course be taken for the preservation of the Kirk and Kingdom, from the evils which the enemies of our Religion, the King's honour, and of our peace, do project and long for. And in expectation of his Majesty's gracious answer to these our humble Remonstrances, that some of each estate having power from the whole body of the Parliament, remain still here at Edinburgh to attend the return of his Majesty's gracious answer to our humble and just demands, & farther to remonstrate our humble desires to his Majesty upon all occasions, That hereby it may be made most manifest against all contradiction, that it was never our intention to deny his Majesty any part of that civil and temporal obedience which is due to all Kings from their Subjects, and from us to our dread Sovereign after a special manner, but merely to preserve our Religion and the Liberties of the Kingdom, without which, Religion cannot continue long in safety: And if it shall happen (which God forbidden) that after we have made our Remonstrances, and to the uttermost of our power and duty, used all lawful means for his Majesty's information, that our malicious enemies, who are not considerable, shall by their suggestions and lies prevail against the informations and general declarations of a whole Kingdom. We take God and men to witness that we are free of the outrages and insolences that may be committed in the mean time: And that it shall be to us no imputation that we are constrained to take such courses as may best secure the Kirk and Kingdom from the extremity of confusion and misery. Which Declaration above written, we 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 copy of the Declaration, produced and read in the utter house of Parliament upon the 18 day of December 1639 Accord where unto, the Nobility nominated and appointed, the Earls 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 return of his Majesty's gracious answer to their humble Remonstrances.  
Sic subscribitur, Alex. Gibsone.   
BEtwixt the prorogation of the Parliament and the sending of our last Commissioners, three points are touched in the Declaration: One, that the Earl of Dumfermling, and the Lord Lowdoun were sent with Commission from the Parliament, to make their remonstrance to his Majesty, but were not admitted to his presence, and were commanded to return; because they were not licenced or warranted by the Commissioner, and had not acquainted him with their propositions: Although it be of verity that the Commissioner had shown to divers of the members of the Parliament, his Majesties own warrant for the coming of some to his Majesty's presence, which to them seemed more sufficient and of greater authority, than any thing they could have from himself; and why might not they have some things to propone or to complain of upon the Commissioner to his Majesty, which was not sitting to acquaint him with, that his Majesty in his fatherly affection, which cannot be transmitted to another, might judge between him and them: It was in his Majesty's power to give such answer to their propositions as seemed good in his own royal wisdom but to command them who had not been sent without his Majesty's warrant, to return unheard, after so long a journey, was more than could have been expected or suspected by a Kingdom convened in Parliament by his Majesty's authority. The second is, that the Earl of Traquair at his coming made a large and exact representation to the Council of England, 〈◊〉 he most considerable matters proponed in Parliament: of the largeness of his relation we doubt not, but how exact it was our adversaries can best discover, who had taught him before so to say his lesson in public, as might serve most for the ends intended by them, especially to animat England against us, for which they have set their wits since the treaty of peace to make all means, whereof this was a powerful one, to cooperat. The third is, the judgement of the Lords of his Majesty's council of England, to reduce us to our duty by force, rather than to give way to our demands. Of which we say no further, but that it was the sentence of a Council, and of the Council of England against a Parliament, and the Parliament of another Kingdom: That it was pronounced upon the hearing of the relation of one man, a new creature, and but of yesterday, against a whole free Kingdom of ancient Nobles, Barons, and others, whose Commissioners two Noblemen were even now barred from hearing and presence: and that it was in a matter of war and peace, which might engage both the Kingdoms, than which nothing could be more important for the present generation and for the posterity. In Council is stability, but this is found not by precipitation, but after many day's agitation, when the matters debated are more than ordinary, and such as, it may be, fall not to be considered, once in many ages. To us we confess, it seemed incredible at first, and afterward a matter of demur and astonishment.  
Although our Commissioners formerly sent, were repulsed, yet we did not desist, but remembering that we were dealing with our own native King, who might be moved to know and compassionate us his own people at last, we sent this humble supplication for a new hearing.  

To the Kings most excellent Majesty, the Remonstrance and Supplication of the Noblemen, and Commissioners of Shires, and Burrows, his Majesty's good Subjects of the Kingdom of SCOTLAND,  
Humbly showing,  
THat where the great want of your Majesty's 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 opportunity to their misinformations and hard impressions against our proceed in Parliament, as trenching upon your Majesty's sacred and inviolable authority, as not warranted by the fundamental laws and laudable practices of this your Majesty's ancient and native Kingdom, or as contrary to the promises and remonstrances which were made to your Majesty by your humble subjects, in the truth of their hearts, and were in the same sense graciously accepted by your Majesty. And although to our common regrate, and the suspending of our hopes and humble desires, your Majesty hath thought meet to give order to Your high Commissioner to prorogat the Parliament: yet such hath been your Majesty's wisdom, justice, and goodness (which in all humble thankfulness shall ever be remembered by us) that your Majesty hath kept one ear for us, and would not hearken and give place in your Royal heart to suggestions and obloquys of our enemies, till the reasons of our proceed were made known from ourselves, and we should have the favour of a full hearing: And for this end, it was your Majesty's royal pleasure to permit and allow the Estates of Parliament, to send some of their number to give your Majesty true information; which being conceived by them for a sufficient warrant, made them direct two Noblemen, the Earl of Dumfermling, and the Lord of Lowdoun to your Majesty's Court, instructed with full commission to that effect: But since your Majesty judged it not convenient to grant unto them access and audience at that time; We now from the sense of the distressed condition of this your Majesty's Kingdom, which we nothing doubt but your Majesty will in your tender and fatherly car, compassionar, do in all earnestness desire, and in all humility supplicat, that your Majesty may be pleased, upon this our declaration, that we intent nothing but what shall merit approbation at the throne of your Majesty's justice, to give commandment for the proceeding of the Parliament, that thereby our evils may be cured before they be past remedy, many dangerous consequents may be prevented, and the troubled estate of this Kirk and Kingdom speedily settled, which is the longing desire, and universal expectation of all your Majesty's peaceable Subjects: Or if your Majesty shall find it necessary for their further satisfaction against all exceptions to make particular inquiry, and to take notice of the reasons of our proceed and demands from our own mouths, which we shall be most willing to render; in that case we are confident that your Majesty's royal ears will be in the mean while shut against the sinister informations of such men as are fallen out with the times, and think our common calamities a mitigation of their just sufferings. And do humbly entreat that your Majesty may be pleased to give signification of your Royal will hereanent, and to grant warrant for sending some from us to your Majesty's presence, that so soon as may be the Parliament long since begun by your Majesty's indiction, may by your Majesty's wisdom and goodness, have the wished conclusion, to your Majesty's honour, and the joyful acclamation of the whole Kingdom.   
To which this answer was given:  

At his Majesty's Court at Whitehall the 11 day of December, 1639.  
HIs Majesty having read and considered this supplication, is gracioufly pleased to permit such number of them to repair thither, as they shall please, to show the reasons of their demands.  
Sic subscribitur, Sterline.   
Upon this answer four Commissioners were sent, who did acquit themselves in their charge, as is expressed before in their Supplications, speeches, answers, and whole proceed: Concerning which there be three things mentioned in the Declaration to make them all null and themselves odious; First, that they were not instructed with sufficient Commission, which is abundantly answered by themselves pag. 14. For their commission behoved to be deficient, either in the form and authority, or in the subject and matters to be treated: The authority was as great as first the Parliament then sitting, and thereafter the Commissioners of the Parliament could grant: And where it is said pag. 44. that they were persons of no great eminency who did subscribe: Their Commission we desire to be considered, 1. That the first commission was subscribed by the Subjects of every quality sitting in Parliament: 2. That the second commission could not be subscribed in that manner, the Parliament being no more sitting but prorogated, but behoved to be subscribed by the Commissioners of the Parliament, authorized to sit at Edinburgh for making remonstrances, and receiving answers from his Majesty. The meanest of these Commissioners whosoever he was in person, was in this act, of greater authority and eminency, than the most eminent in the Kingdom, who was not clothed with the same commission: And therefore although there were many Noblemen in Edinburgh for the time, yet they did not sign the commission, because they had no warrant from the Parliament, and that for me of doing hath been reprehended in former times as displeasant to his Majesty, and so was the authority sufficient. As for their limitation in the matters to be treated before his Majesty, it may appear by his Majesty's allowing them to come up under the Secretary's hand, that they went to give the reasons of the demands made in Parliament, and withal did declare as is contained in their proceed, pag. 45. that the Parliament doth not stick upon these or any other articles of that kind any further, nor as they have clear warrant of law, and as his Majesty and the Estates shall find them convenient for the good of the Subjects. And did supplicat that his Majesty would be pleased to command the Parliament to proceed, and ratify the conclusions of the Assembly, and pass such acts as are necessary for establishing Religion, and for the good and peace of the Kingdom according to the articles of pacification.  
But that we may remove all suspicion of latent or underhand dealing, we have here set down the just copy of the instructions given to our Commissioners first and last.  
Instructions from the Noblemen and Commissioners of Shires, and Burrows conveened to attend this present Parliament, To the Earl of Dumfermling, and Lord Lowdoun, concerning such business as they have desired to be imparted to the King's Majesty: Subscribed with their hands, At Edinburgh the first day of November, 1639. By some of each Estate for themselves, and as representing the rest of their number at their command and desires.  

1. FIrst to show and declare, that our desire anent Religion is, That we may enjoy the same according to God's word, the Confession of Faith, and constitutions of the Kirk of Scotland; and that all matters Ecclesiastical shall be determined by the assemblies of the Kirk, without incroatching upon the liberty, privilege, and government of any other reform Kirk.  
2. To show and declare, That we never had, nor have any intention to diminish his Majesty's greatness, and authority, which by the law of God, and of this Kingdom, and by the descent of 108 Kings, we acknowledge to be due to his Majesty: neither did we ever intent to impair or withdraw ourselves from civil and temporal obedience to his Majesty: but in every thing to carry ourselves as becometh faithful, humble, and loyal Subjects, whereof we shall be ready to give real demonstrance and proof when his Majesty's service shall require the same.  
3. To show how grievous it is to his Subjects, That we hear his Majesty is misinformed and displeased with any of our proceed. The lawfulness and loyalty whereof, we desire ye may clear to his Majesty.  
4. Ye would give to his Majesty a true information of all our proceed in the Assembly and Parliament, whereof ye have the special acts and reasons for the same, and justify them against all aspersions and objections, especially ye would clear they do no ways trinch upon the King's authority, whereof his Majesty seems to be misinformed.  
5. Ye would show the great prejudices of this Kirk and Kingdom, by continual bygone lets, and delays of the progress of the Parliament, and how much it may contribute to his Majesty's honour, the Subjects content, and for procuring of hearty and cheerful obedience, That the affairs of this Kirk and Kingdom 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 Majesty's authority, or impairing of the Subjects civil and dutiful obedience.  
6. Ye would therefore urge after your clearing of all objections made against any of our acts and proceed, That his Majesty may be graciously pleased to direct his Commissioner to go on in Parliament, without further delay, to determine all the articles by the advice of the Estates, and to the ratifying of the conclusions of the late Assembly, and settling all such other things as may conduce to the public peace and good of this Kingdom, according to the articles of pacification, and his Majesty's 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 contrary to all law, practic and reason.  
8. If the King will not condescend to give order to his Commissioner to go 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 enjoin the Commissioner to prorogate the Parliament in the terms contained in the offer made to him, which ye have with you.  
9 And if his Majesty send for the Commissioner, ye would try and advertise whom ye think fittest to be sent from the Estates with the Commissioner, to inform the King's Majesty more fully, and to procure his Majesties warrant for their up-coming, for better clearing of matters, and for his Majesty's further satisfaction.  
10. Ye would be frequent and sure in your advertisements to us how our business goeth, and what ye 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 Indwellers in Ireland, of whom oaths are exacted, unwarrantable by the Laws of the Church of Ireland, as also some of this Nation have been pressed in England with the like oaths.   
At Edinburgh 20. Jan. 1640.  
Instructions from the Commissioners appointed by the Estates of Parliament to make remonstrances to his Majesty of the reasons of the prepositions and proceed in Parliament, and for receiving his Majesty's answers, and upon the return thereof to remonstrate their humble desires to his Majesty upon all occasions, given to the Earl of Dumfermeling, Lord Lowdoun, Sir William Douglas of Cavers, and Master Robert Barclay Provest of Irwing, Commissioners direct to his Majesty, with the advice of the Noblemen and Commissioners of Shires and Burrows convened for the time, which are added to the former instructions granted to the said Earl of Dumfermeling, and Lord Lowdoun by the Estates of Parliament, Novemb. 1. 1639.  

SEeing the Earl of Dumfermling, and Lord Lowdoun were denyed access to impart to his Majesty the former Instructions given to them by the Estates of Parliament, and seeing upon their return, his Mejestie was petitioned to give order for proceeding of the Parliament; or if his Majesty should find it necessary for his further satisfaction, to take notice of the reasons of our proceed from some of ourselves, that his Majesty would give signification of his Royal 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 show the grounds and reasons of our demands: We have for discharging of our humble duty according to his Majesty's commandment sent you up to impart to his Majesty the former Instructions given to the Earl of Dumfermling, and Lord Lowdoun.  
To show that our proceed and desires are agreeable to the Laws and practices of the Kingdom and articles of pacification, as you were also directed to do by the former Instructions: which when you have cleared, lest verbal expressions be controverted, you shall give in the sum of our demands, and crave the answers thereof in writ, and what else shall be objected against us, or replied for our justification, and that for avoiding contestation about words in time hereafter.  
If you be called to give answer and account to the English Committee or Council, or any other judicatory, you would show that you are sent only to his Majesty and discharged, likeas we do hereby discharge you, to answer to any  or judicatory, who cannot meddle in matters of the Parliament of this Kingdom, being independent of any, but of God and the King.  
Because we hear that sinistrous informations, and the late relation made by his Majesty's Commissioner before the whole Council of England, hath given hard impressions against our proceed, whereof as we cannot but be sensible, so you shall crave, that his Majesty out of his tender care and fatherly compassion of his subjects (who esteem no earthly thing more grievous to them, then that their loyalty to his Majesty should be called in question, and their proceed traduced) may be pleased to allow you that favour, to clear them in public before his Counselors of both Kingdoms from these unjust imputations, without acknowledging them as a Judicatory, which you must always decline.  
You shall be earnest with his Majesty for obtaining a short day to be assigned for the sitting down of our Parliament, not only for remeiding these great evil formerly known, but also the confusion wherein the Subjects are cast by the copper-money lately coined, going at so high a rate, far above the intrinsic value, which being called down and up by the Council within the space of eight days, 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 communicate with the King before the Parliament should determine thereof, his Majesty being now acquainted therewith by his Commissioner, may return the signification of his Royal pleasure there-anent, lest the proceed of the Parliament by reason thereof be longer delayed.  
You shall beseech his Majesty with all earnestness in our names to be pleased to trust no misreport 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, which may prevent all mistake in time coming.  
Seeing by the articles of pacification his Majesty was pleased to appoint a Parliament for removing the distractions, and settling a perfect peace in this Kirk and Kingdom, you shall therefore demonstrate many of these acts and overtures presented to the articles, whereat exception was taken, were so absolutely  for that end, as neither the causes could be removed, nor remedies applied without them.  
You shall remonstrate to his Majesty, how that contrary to the articles of pacification, whereby all things should have been put in the like condition they were in before the late troubles. The Castle of Edinburgh which had no greater number than 24. or 30. men allowed for keeping thereof, is now furnished with six or seven score soldiers, who have victuals provided and laid in for a 12. month, potpieces, garnets, fireworks, and all other hostile furniture, not fit for defence, but for harming the Town of Edinburgh, notwithstanding the present Captain professed he desired no greater number of men then 60. for performing all duties 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 answer the objections which either are proponed, or which we conceive can be proponed against the acts and proceed of the Parliament, according to the particular answers you have for that effect.  
You are earnestly and humbly to entreat, that the King's Majesty having heard his Commissioner and you to the full, may be graciously pleased to appoint 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 ratify the conclusions of the late Assembly, and for settling all such other things as may conduce to the public peace and good of this Kingdom, according to the articles of pacification, and his Majesty's Commission under the Great Seal.  
And if any new propositions or challenges which were not proponed before, and which may deeply concern our business, 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 return, in that you shall write or send to the Commissioners appointed by the Parliament to remain at Edinburgh, as you find convenient to crave farther advice and instruction there-anent.  
Seeing upon the relation of our proceed, we hear there is a Parliament appointed to be in England (which we have this long time earnestly wished for, as the remedy of many evils, both for his Majesty's good and the peace of the Dominions) we are confident they shall consider the estate of our business, albeit we and our Laws are independent and different from them, as they are from us, we are able to clear to all who shall inquire in our actions and demands, that they are agreeable to the Laws and Liberties of our Kingdom, and the duty of loyal Subjects; and that we never had, nor have any intention to wrong his Majesty's Princely power, or lawful authority, nor withdraw ourselves from that civil and temporal obedience which is due from us to our dread Sovereign, but merely to preserve our Religion and Liberties of our Kingdom, without which, Religion cannot long continue in safety.  
You are to deal earnestly with his Majesty, and humbly to beg at his hands, that you may be quickly dispatched back again, that you may be at home in Scotland betwixt and the 25. day of March next to come.  
Sic subscribitur Lothian, Dalhousie, Balmerino, Napeir, Dundas of that Ilk, Wachtoun, Thomas Myrtoune of Kambo, William Rig, Sir David Murrey, Sir George Stirling of Keir, John Smith for Edinburgh, Thomas Bruce for Sterling, James Glen for Linlithgow.   
Another particular is mentioned in the Declaration pag. 46. The neglect of a Ceremony and compliment witnessing in our Commissioners the sense of his Majesty's Grace and goodness in hearing them who had no power to accomodat affairs: which how it was we know not, but his Majesty knoweth well that the Scottish Nation glorieth more in kindness and realities then in expressions by word or gesture: they might also have interpreted a thanksgiving at that time when they were so serious, to have been a loss, or interruption in business, or have feared the aspersion of glozing, feigning, flattering, which hath been put upon us before. And it may be that their sense was the less, because they conceived their instructions to be full: As they were obliged to the example of the Lord marquis of Hammiltoun, named here for this good office; so are we all longing for the happy time when our hearts shall be so far affected with the sense of his Majesty's grace and goodness, that our Supplications may be turned in thanksgiving to God and the King, our troubles into a firm peace, and all our clamours and complaints into acclamations of joy, at which time there shall be no want of Ceremony, thanksgiving, or gratulation from the whole Nation.  
The third is, That the answers of our Commissioners, were impertinent, etc. pag. 47. And that the Lords of the English Council were of opinion that our Commissioners ought not to be heard till they should acknowledge that the Supreme magistrate must have authority to call and dissolve Assemblies, and to have a negative voice in them, etc. If their answers did give the reasons of the demands in Parliament, as it may appear by their proceed, they did, in so many of them as were controverted: for other demands there was no just exception against them, as is acknowledged, Declaration Pag. 45. 47. they were not impertinent but satisfactory, although they did not satisfy our adversaries, who were determined to receive no satisfaction, but in the overthrow either of our Religion and Liberties, or of ourselves: It could not in reason be expected, that three or four Commissioners should hold a Parliament there with a Committee, and leave nothing to a Parliament here, but an approbation of their doing: This hath more in it then can be told in few words. It had been good before the Council of England had given their opinion, which we believe was not their sentence, that they had called to their remembrance, that our Commissioners were sent not to give judgement, but to give the reasons of our demands, and that they behoved to keep themselves within the compass of their instructions, that in the time of the peace making, his Majesty thought it not meet to insist in the three Querees, of calling and dissolving Assemblies, and of a negative voice, as may be seen before in the first part of this answer pag. 13. And that his Majesty did graciously acknowledge that all matters Ecclesiastical, (whereof, this being understood of the Assemblies of the Kirk, is one) ought to be determined in the Assemblies of the Kirk, according as it is determined in the late general Assembly, act. August. 17. of prorogating or dissolving of Parliaments, and other assemblies, our declaration speaketh, pag. 55. What other supreme powers in the Christian world, may do by their different laws, constitutions and customs, were long and laborous to inquire; but we shall strive to keep our own, without wronging any other Kingdom, either by our sentence or opinion, especially in times of danger.  
Before we come to the third part of the Declaration, we meet with the answer of three objections which are supposed to be made upon our part.  
The first is pag. 47. that his Majesty promised unto us a free Parliament, and we add that a special promise was made of the ratification of the acts of the Assembly in Parliament, and of settling other such things as may conduce to the good and peace of the Kingdom. Like as we were obliged both by the nature of the thing itself and our promise, To seek nothing but to enjoy our Religion and liberties, according to the Ecclesiastical and civil laws of the Kirk and Kingdom, and not to diminish his Majesty's greatness and authority. But when the Parliament is convened, the acts of the Assembly are refused to be ratified, in so far that his Majesty's Commissioner refuseth to repeal and rescind such acts of Parliament as are inconsistent with the ratification of the acts of the Kirk; although it cannot upon any shadow of reason be denied, that the Parliaments power and freedom consisteth in this, to make and unmake laws, as in their prudence shall seem convenient: Other articles which were proponed, as they were conceived to be for the peace and good of the Kingdom; so neither in the intention of the proponers, nor in their own nature and condition, did they touch or trench upon his Majesty's Glory, Crown, Sceptre, or Power, as is before made manifest; they all tending either to the sensible good of the Subject, or to the reforming of such abuses as do obscure his Majesty's justice and goodness, and being granted would conciliat love, reverence, and cheerful obedience to his Majesty's government.  
The second objection supposed to be made by us: Declaration pag. 48. is from his Majesty's allowing of the Covenant, and commanding of the Lord marquis of Hammiltoun, the former high Commissioner, and other his Majesty's Subjects to subscribe it, and from the Earl of Traquair, his Majesty's high Commissioner, his subscription or allowance of the subscribing of the Covenant. It was never in our minds to make use of the first, our reasons are extant in print against it, as subtly disappointing and destructive of our intended reformation, against the late novations, and against Episcopacy itself, the waggoner which had brought them in; and when it was subscribed by some few, it was done with this express Declaration, That they subscribe it in no other sense, but that which it had in the year 1580, when it was at first subscribed; which is found by the Assemblies of the Kirk, (contrary to the Lord marquis his meaning) quite repugnant to Episcopacy, and all the attendants thereof in Kirk and State: we indeed acknowledged it to be the same in substance, with that which we have subscribed of late, but that, by our adversaries, who ever set themselves against our explanation and application thereof to the late corruptions and innovations, was not acknowledged till the Assembly at Edinburgh, and by some of them is still denied; what is pertinent for the clearing this question, was so fully written at that time, that nothing needeth now to be added. Concerning the Earl of Traquair, it is alleged, Declaration, pag. 50. that we have no warrant for our actions, (for rebellious courses and treacherous combinations, no man can have warrant, and we detest and disclaim them) from his subscription of the Covenant: First, because it is evinced by the petition of the General Assembly for subscribing of the Covenant, that our subscription before this time was neither laudable nor warrantable; where we entreat the reader, whosoever, to make some pause, and compare the words of the Supplication of the Assembly with the words of the Declaration.  
The words of the supplication as it was presented before the Council table, standeth registrat in the books of Assembly and Council, is prefixed to many subscribed copies of the Covenant, even that which was subscribed by the Commissioner and Council, and is printed supra pag. 40.  

ANd following the laudable example of our predecessors 1589, do most humbly supplicat your Grace his Majesty's Commissioner, and the Lords of his Majesty's most honourable Privy Council, to enjoin by act of Council, that the Confession and Covenant, which as a testimony of our fidelity to God, and loyalty to our King, we have subscribed, may be subscribed by all his Majesty's Subjects.   
The words of the Supplication as they are cited in this Declaration, pag. 50.  
NOw following the laudable example of their predecessors, they do humbly supplicate for the same, and that they may be allowed and warranted to subscribe it.  
The cogging and cozenage is so gross, that we are forced to turn our answers in this point obvious to every eye, into a complaint, that any of whatsoever quality shall be suffered after this foul and falsifying way, to wrong the King's honour, and the Kingdom's peace in so high a matter as is a Covenant. Next, our actions are said to be unwarranted: because this Covenant, by that which is prefixed to the Commissioners subscription▪ is declared to be one and the same with that of 1580. which giveth no warrant to such actions as ours are. Where fi●st we desire it to be known universally, that the Earl of Traquair his Majesty's Commissioner, did subscribe the Confession of Faith and Covenant, with the explanation of the Assembly: First in the house of Parliament in presence of the Lords of articles, Septemb▪ 6. both as Commissioner with the declaration made in the Assembly to be prefixed to his subscription, and as Traquair simply as other subjects have done: Next, that he subscribed the Covenant in the new house of Exchequer, as a Counsellor with other prime Lords of Counsel, Roxburgh, Lawderdaile, Southesk, and many others, and that without any Declaration at all, even the Marquis of huntley show his desire to subscribe with others, but that he would have done it with protestation of his liberty outwith the Kingdom, which the Ministers who were present to take the oath and subscription of the Lords, could not admit. But neither his Lordship, nor any other, pretended any scruple either in Religion, or civil obedience to the King, against their subscription; so that neither in the Assembly, nor in the Parliament-meeting of the articles, nor at the Council Table, was there any suspicion of treasonable combination against the King from this subscription. Secondly, if both, that of the 1580. and this of 1638. be one, then certainly this hath no more than that, and that hath no less than this: Neither is there any other difference of the one from the other, but (as was expressed in our Protestation, Septemb. 22. 1638.) such as is of a march stone hid in the ground and uncovered, etc. for this end, and for giving full satisfaction to authority; these words We have sworn and do swear, not only our mutual concurrence and assistance for the cause of Religion, etc. but also that we shall concur with our friends and familiars in quiet manner or in arms, as we shall be required of his Majesty, his Council, or any having his authority, in every cause that may concern his Majesty's honour, according to the Laws of this Kingdom, and the duty of good Subjects, etc. are insert in the Supplication of the General Assembly first part of this representation, pag. 48.  
Our third objection is, That the demands proponed by us in Parliament, are but matters in fieri, which is so pregnant that it cannot be answered, if it be considered as it was modestly proponed, and very truly exponed by our Commissioners in their proceed pag. 45, 46. for many demands may be made to the articles, which may be rejected by them, and many things may be concluded in articles to be proponed to the Parliament, which in face of Parliament being disputed, may be judged inconvenient. Demands are not definitions, nor propositions to be accounted conclusions; Things done by men must be in fieri, before they be in facto esse, every conception cometh not to the ripenesss to be a birth.  
BY that which we have said, we believe we are free, before, and in the Assembly and Parliament, of insolences, and the heavy censures of Rebellion and Treason, which are so ordinarily, and at every other word thundered out, that they are become the less formidable unto us, who desire that all our actions and proceed in this cause, may be seen in their own colours, and who are supported with this inward testimony, that we fear God, and still honour the King, although nothing can proceed from us which will please our adversaries, except we will follow their rules, which are not unlike those of the Jesuits found at Milan, when they were expelled the territory of Venice: One of them was, that men should take heed, that they press or inculcat not too much the Grace of God; Another was, that men must believe the hierarchical Church, although it tell us, that that is black which our eye judgeth to be white. Unto which we may add the third, invented by Ignatius Loyola, of blind obedience, which we have no mind to practise, because it is repugnant to the essence of the virtue of obedience, which proceedeth from knowledge and election. We entreat our adversaries to show us in good earnest, and not by way of railing, In what sense have we incurred the censure of Rebellion and Treason in the Assembly (as is alleged pag. 52.) The Assembly was convened by his Majesty's authority, countenanced from the beginning to the end by his Majesty's high Commissioner, all things were done with high respect to the King's Majesty, and with frequent prayers for his happiness; Nothing was put in deliberation, till it was first proponed to his Majesty's Commissioner; nor any thing determined without his advice, consent and approbation, all was done in that order and decency which this Nation, out of use of Assemblies, through the tyranny of Prelates, usurping the jurisdiction of the Kirk, could attain unto at the first or second time, and all was closed with rejoicing in God, and with many praises and prayers for the King, under whose Majesty the Commissioner also had his own part: And yet in the Assembly we must be guilty of Rebellion and Treason, We cannot be moved to think, but the mitre of an usurping Prelate, by the authority of a Nationall Council, may be thrown to the ground, without the violation or smallest touch of the Crown or Sceptre of Imperial Majesty: because we deny both the Tenets of the Romanists: One, that the temporal power of Princes is directly subordinat and subject unto persons Ecclesiastical, as having all power given them of God. Another, of such of them as are touched with a little shame, that the temporal authority doth not reside in persons Ecclesiastical, but is given unto them indirectly, as  for the Spiritual; which is but a shift and a difference of words, what then should our judgement be of unlawful and usurping prelates and pop●l●ngs, may be easily known by others; or, if need were, made known by ourselves, if this were not a digression; only this much we intended, that to dethrone a prelate, and to over-turn prelacy, we judge it no Treason against the King. And so we come to the answer of the third part of the Declaration, touching our faults since the Parliament.  
Not three or four, but Ten transgressions and exorbitancies are here libelled against us. The first three are the provyding of men, munition, and monies for our own defence, which in us who are the Estates of a free Kingdom, is held lawful by the Law of God and Nature, by our acts of Parliament, by the practice of other reformed Kirks, by the testimony of famous Divines, by the assistance contributed by our own Princes to other Kirks and States invaded and distressed, (and we add) by the judgement of many amongst ourselves, who in the beginning of our troubles, and before the late pacification, had about this, their own scruples, wherein since, considering what is done in England for advancing of Popery, and what is done at home expressly against the articles of the pacification, they rest perfectly satisfied. If the defence be lawful, the hands of men, and the aid of moneys are necessary adminicles, which all the Subjects do acknowledge, and therefore contribute most willingly without the least exception, except of some few, not against the thing itself, but against their stint and proportion, which yet is less quarrelled in this, than it hath been at any time in ordinary Subsidies or taxes. It is known to the world, that Scotland hath no Treasures whereof to boast; but on the contrary if we be blocked up, we will be necessitated either to famish, or to fight ourselves free: And although we had the treasures of Croesus or Darius, we would not put our trust in them. The sentence of Q Curtius, which after him is become common in the world, crying up moneys above the just value, that they are the Sinews of war, is upon good grounds by wise men, and upon better experience, recalled and exploded. The sinews of this war, (if a war shall be) must be a good cause, good consciences, and Soldiers stout and fearing GOD, who cannot be found out by gold, but will be able to find out gold, as some writers about this have spoken well.  
Our fourth Transgression is from our papers and pamphlets, and namely against an Information from the Estates of the Kingdom of Scotland, to the Kingdom of England. Many things have been written on both sides, but in very different manner: inasmuch as the writings of the prelates and their partisans, are full of rail, detractions, injuries, and slanders against this Kingdom, and full of sedition, to stir up our King against us; much written, that our defence is unlawful, nothing against the unlawfulness of the invasion: But our writings are full of all kinds of reverence to the King's Majesty, and of respect to the English Nation, pressing the matter in hand without digression or falling from the purpose upon the persons of men, further than the action intended against our adversaries the authors of all these evils, did enforce us. The for me of answering our Information, not by evidencing any untruth or undutifulness in it, but by Proclamation, and by fire and faggot, is indeed for the time the most easy, the most compendious, and the most affrighting way to the poor ignorant multitude. But England can tell, that the truth cannot be consumed by fire, but will rise more pure and clear out of the ashes, and fly with multiplied wings further abroad in the world, than before. We might also without presumption have expected, that an Information coming not from a particular person, or society, but from a Kingdom, would have found with the Council of England some better entertainment: But we trust our Informations will be more precious in the sight of our friends, who know through what difficulties they make their journey, and what acceptance they find at their arrival.  
The next three Transgressions are about the Castle of Edinburgh, and certain Fortifications. Outrages and violences we have committed against none of that Castle: but many have we endured out of a desire and hope of peace, and for them have returned courtesies and favours. Materials to the Castle were not denied; till, by boasting, profession was made of that which we might have known before, that it was to be turned against ourselves and the Town: neither then were they altogether denied, so fare as our own necessary use of materials would permit. Neither was any work raised against the Castle, but a Rampire only for defence of a Court d' guard, till violence was done from the Castle. Our desire and hope of peace, and our unwillingness, by the smallest breach, to lose the▪ thanks of our former obedience, have moved us to supererogate, and to do more than we were obliged, but have not suffered us to be deficient. It is rather to be wondered at, that we have done so much, to make up a Fortification against ourselves, and to put weapons in the hands of our enemies, then to be reproved, that we have done no more.  
The eight concerning the Lord of Southesk, and no other of quality, except Sir Lewes Stewart, we remit to the information of their own Letters, come to his Majesty's knowledge. The carriage of Noblemen, of Barons, and of the Magistrates of the town of Edinburgh upon the harmless accident of their surprisal by the multitude, doth rather deserve thanks, then challenge from themselves, or any other, as is contained in our Remonstrance pag. 32. their safety in the time, and their Liberty granted them since, how soon they could be in safety, are real testimonies that no evil was meant against them: We would not have it supposed, that we do all that we are able to do, or what we do for good, that it is done for evil.  
The ninth concerning the rendering of the Town of Edinburgh into the hands of a Committee, and thereby the incurring the guilt of high Treason: we wonder how any should be found so wicked as to invent it, and much more if his Majesty, or any wise or good man, can be moved to believe it; They have the honour to be the first City of this his Majesty's Kingdom, and as a principal member do join in this common cause of mutual defence: but neither know of any such usurping Committee, nor of submission to any power, beside that of their Sovereign Lord and King: how ready the Magistrates and whole Body of that Town have been to all good offices for his Majesty's honour, how far they have strained and spent themselves upon public works for the honour of the Kingdom, how difficult commandments they have obeyed at his Majesty's pleasure, and how they have omitted nothing which they conceived could be brought within the compass of the duty of humble and faithful Subjects; These who sometime professed themselves to be their friends, but are now become their enemies, can bear witness. We may truly with them, and in their name honour them with this testimony; that as it is his Majesty's glory to have one prime City in this his Kingdom, so have they beside all other respects, by their affections and deportments, deserved to be the first, and to have a better place in his Majesty's estimation, then to be suspect of Rebellion or Treason. Declarations of this kind are devised to be divisions betwixt the King and his best Subjects.  
The Tenth Transgression is keeped to the last place, Decumanus fluctus, as a great wave to over whelm us and our Cause; But we have no fear so long as we sail in the ship of a good conscience, which by no surge or storm can be wrecked. This is that French Letter so much talked of, and insisted upon, as to open a gate to let in foreign power to rule over England and ourselves; which, by what consequence it can be inferred, we would fain know; when a people is sore distressed by sea and land, is it unlawful by the Law of God and man, to call for help from God, and man? Is there no help nor assistance by intercession, by supply of money, & c? Is all assistance by the sword and by men? Is all imploring of assistance an argument of subjection unto the assistant? May not friends and equals assist as well as superiors? Shall it be thought that divers Princes and Estates sued unto for help, are all invited to be rulers and governor's over one and the same people? We love not shrouds nor disguisements; we speak the plain truth, and fear nothing so much as that truth be not known; We never had intention to prefer any foreign power, to our native King whom God hath set over us. We love not ourselves or the English Nation so little, as to raise up any wall of partition between them and us. The Proclamation at that time, as may be seen in our last Remonstrancepag. 34. was without example. Great forces by sea and land were coming upon us, Informations went abroad in other nations, to the prejudice of us and our Cause. This made us to resolve to write unto the French King, apprehending that upon sinister relation, his power might be used against us, as may be seen in our Instruction, printed in our Remonstrance, pag. 37. What kind of assistance we called for, whether of men or mediation, may be best known by the Commentary of our Letter, our Instructions which are ready to be seen, and are signed also by the Lord Lowdouns hand now in prison, and therefore (if we should need to say it) not falsified; without subjection or sovereignty of either of the Nations, Scotland or France. Aide and assistance hath been given in former times, If we had called at that time, or have called now in the return of our troubles upon Denmark, Holland, Sweden, Poland, or other Nations for help, are we therefore inviting them all to sovereignty over us? And when all is said or done, the Letter was but an Embryo forsaken in the birth, as containing some unfit expressions, and not agreeable to our Instructions, and therefore slighted by the Subscribers, but catched for some great advantage by this treacherous and secret accuser of the Kingdom. Another Letter was form consonant to the Instructions, and signed by many hands: But neither was this sent from us (although some invent or imagine, that it was intercepted by the way to France would be but late to avert the danger which was so near. The Letter itself carrieth two tokens, that is, was unperfected; one, that it wanteth a date; another, that it beareth no superscription from us: Both these are craftily turned against us: The blank date hath made our enemies to number this Letter amongst our pretended faults committed after the Parliament, where as it is universally known that it was written in May 1639. before our marching to the Border, and therefore aught to have been buried in the pacification; This is well known to the Commissioner, who talked of it before his going to England, & was occasionally made known to some of quality in his Majesties Camp. The want of the superscription hath made them to endorse it Au Roy, a title, say they used by the subjects of that Kingdom to their own Prince only: But we affirm, that the Letter was neither sealed, folded, nor written on the back by us, or by our knowledge: & we hold it but a poor argument & ground of accusation against the French or Dutch: supplicating or writing to our King, if they should say, To the King, every King being the King in his own Dominions. We love not to harp more upon subscribing, superscribing, or sending of letters to other Princes, & to the Pope himself from examples of old & of late, which are not hid from the eyes of the world: It is sufficient to us to have justified ourselves, & to show how innocently the Lord Lowdoun suffereth, for putting his hand to such a Letter, the guiltiness or innocence here, not being personal or proper to the Lord Lowdoun, but national and common to us all. And although it had been a fault, & his alone, yet what soever it was, it did in time, & for along time go before his commission & employment, & therefore ought not to have been challenged till he had returned to his country, unclothed himself of his commission, & turned again to be what he was, a private Nobleman. The dignity & safety of nations, kingdoms, Estates & Republics are much interessed in their Commissioners & Legates (whether they be sent from one Prince to another, or from a kingdom province or republic to their own Prince, Their dignity: for what is done to the Legate, is interpreted to be done to them that sent him; their safety, because if Legates be wronged, there can be no more composing of differences, nor possibility of Reconciliation, which is the ground of the Law of Nations, whose being consists in their honour and safety, and therefore it will have no Legate to be accused during his Legation for any thing committed by him  it, It commands Legates to be free even from the inferior Law of reprisal, and doth reckon these to be the excellent effects which it produceth in all places where it is obeyed: Religion to God, Piety toward our Country, propulsation of injury, keeping of faith, and that Legates be inviolable. And although there were not such a Law of Nations, yet his Majesties own roy all and inviolable warrant for the coming of our Commissioners to his presence at this time, is enough for their safe conduct and security. If they have committed any thing at home against their King, Country, or any particular subject, the fundamental Liberties and indepencie of the Kingdom, and the practices of the former times since 1603. not only in the persons of Noblemen, but of others of mean quality, do require; that they be tried and judged at home in a Legal way by the ordinary Judicatories of the Land. How many bloody wars, and what horrible calamities have ensued upon this transgression of the Law of Nations, we leave to be remembered from the Records of history, and earnestly entreat for their liberty and safety, who are to us as ourselves.  
When the wittiness and malice of our adversaries are vented to the uttermost against all our proceed since the pacification (for things done before on either side ought not to be remembered; not that we fear a new try all but because they are untie mous and impertinent) By that which we have said and represented, the unpartial, and such as are not praepossessed, will find, that till the peaceable ending of the Assembly, and the proroguing of the Parliament; not only the bonds of piety to God, loyalty to our King, and zeal to be approved of our neighbours; but our desire, our care and hope, that all should end in a settled peace, did oblige and tie us to bear many injuries, to construct all, so far as was possible, to the better part, and to do many things beyond the bounds of duty or obligation; having always before our eyes, that we were dealing with our King, who by time would perceive the plots of our enemies, that our  peace being obtained, would be abundant satisfaction for all our sufferings, and being confident in God, that by his providence and the richesses of his goodness, all our losses might in a short time be repaired. And since the proroguing of the Parliament, we have followed after peace, in sending our Commissioners to be mediators of peace, by remonstrating the reasonableness of our humble desires, and as we still do beg peace, so have we done nothing, but put ourselves in order against invasion and unjust violence; which if we had expected, or if we had not been transported with the love of peace, and of our King as a Prince of peace, would we have taken verbal expressions at the Camp, for a ground work to build our peace upon? would we have slipped from our advantages, and put the Castles and Strengths of the Kingdom into our enemy's hands? would we without precedent in this Kingdom, have yielded at this time to the prorogation of the Parliament, or would we have received an English garrison with arms and ammunition into the Castle of Edinburgh? All these have we done, and all these this day are turned and used against us, and yet are we blamed to be the breakers of the peace. But because this is the question proponed in the beginning, if the balance of every just judgement stand not right already, we shall now by a short summary and recapitulation of what we have done, and what we have sustained, since the pacification, make the weight more sensible. It will ease us not a little when we shall see them weighed in the scales of unpartialitie, and shall hear the sentence pronounced, that the accusations against us, are found light and of no moment in comparison of this counter poise of our performances and just grievances.  

NO material point of the treaty which we have not performed: We incontinent dissolved our Armies, disbanded our Regiments, rendered the Castles, and all ammunition, restored all things that were not spent, have keeped no unlawful meetings, and desisted from all fortifications. When the Assembly was convened, matters Ecclesiastical were determined according to the constitutions of the Kirk, in the presence, and with the consent of his Majesty's Commissioner, for which the Assembly gave humble and hearty thanks to his Majesty, entreating and hoping for ratification of the Acts of the Kirk in Parliament; wherein being convened, our care was to walk so warily, that neither his Majesty should be provoked, nor the liberties of the Kingdom prejudged: and therefore we laboured to have enacted things plain and necessary, serving for the good of Religion and the peace of the Country: And directed our Commissioners, to give information to his Majesty, concerning things that might seem questionable. And when the Parliament was prorogat by his Majesty's authority, without any precedent practice, we suffered ourselves to rise: And although our Commissioners were repelled, yet did we send our Commissioners again in greater number, to render the reasons of our demands. Our innocence suffered us neither to fear such entertainment to them, nor such answer to our demands, as are contained in this Declaration: but constantly desiring peace, and hoping for the return of our Commissioners, with his Majesty's gracious answer, for the sitting of the Parliament; we have received strangers, and with them all kind of munition within our Castles, which are now with great insolency and barbarousness, 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 thread 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 King's Majesty by our Commissioners at the Camp, that his Majesty's Declaration would not satisfy without his Majesties own benign 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 Majesty's words, burnt by the hand of the hangman.  
New fortifications were made and great Garrisons keeped at Barwick, Carlisle, 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 firework, for destroying the town, and especially with Garrisons of strangers; The fortification of Leith first granted to the Town of Edinburgh, to be disposed upon, and thereafter the contrary commanded to make a quarrelling.  
Suspicions and jealousies fomented in the hearts of the good subjects, by frequent meetings and consultations with the excommunicate Prelates; and by calling of fourteen of us to Barwick, who were accounted prime leaders in this affair from the beginning.  
An oath pressed upon our Country men in England and Ireland, which because they could not take, as supposing it both in the intention of those who ministered the oath, and in the condition of the oath itself, to be contrary to their Nationall oath and Covenant, they are punished diversely in their persons, goods, moneys, lands, and shipping; and our desires to have them restored are not regarded.  
Some words of his Majesty's Declaration at the Camp, which were delet at that time, as very prejudicial to our cause, have been printed in the edition published at Paris, and are taken in again now in this Declaration.  
The Prelates, although excommunicate, were called to be members of the Assembly, to the great discredit of the Kirk, and fare from that which was spoken at the time of the Treaty.  
The book, called, A large Declaration, complained on at the Camp, and censured since in the Assembly and Parliament, neither recalled nor the author punished: But our informations although given out in name of the Kingdom, burnt by the hand of the executioner, and all men forbidden to read or have them.  
When it was not possible for the Liege's 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 Majesty's Commissioner; yet are we accused of Treason and Rebellion in the Assembly.  
After the Assembly was closed, new Declarations were emitted by the Commissioner, prejudicial to the Declarations made in the Assembly, and destroying the substance of the acts of the Assembly.  
The refusing to ratify 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 Prelates; 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 choosing 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 Majesty did not press, but passed by, and caused delet in the time of the treaty.  
The act of relief so necessary for the Subjects, refused, and the matter of Coin altogether disordered.  
The Parliament prorogat against the laws and continual custom of this Kingdom, and against the articles of the treaty.  
The labouring of division by all means in the time of the sitting of the Parliament, whereof some were shameful and unnatural, as is confessed since under the hand of some of the conspirators, upon theremorse of their conscience.  
The Lords of Dumfermling and Lowdoun sent from the Parliament, and that upon a warrant showed by the Lord Commissioner, were not honoured with his Majesty's presence, but commanded to return.  
Scandalous relations of the proceed of our Parliament, made at the Council table of England, and judged there: but the benefit of hearing before the Council, denied to our Commissioners.  
The Committee appointed by our Parliament for necessary 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 show 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 Kingdom; otherwise not to be heard.  
Counselors and officers of Estate discharged their places summarily and never heard.  
Commandment given to the town of Edinburgh to publish a Proclamation for discharging the Earl of Argyle from executing the office of justiciary belonging heritably to him by act of Parliament, and to disclaim and disallow a Committee appointed by Parliament.  
Commandment given to the town of Edinburgh, to receive to the Castle, Garrisons of strangers over their own heads, and to furnish all materials for their own ruin.  
Great violence and outrage done by the Castle of Edinburgh, not only against men and buildings, but women and children for many days past, without any provocation from the town.  
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 Governor of Barwick to the Council 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 equity, law, and conscience.  
All things devised and done that may make a rapture and irreconcilable war between the two Kingdoms.  
All means used to disgrace this Kirk and Kingdom: Books, Pasquil's, Masks, honouring of our cursed Prelates, advancing of our deposed Ministers, denying presentation to Kirks, etc.  
No other answer given to our Commissioners there or to us here concerning the reasons of our demands, whether they satisfy or not, but a declaration given out, denouncing a war, and armies coming upon us.  
The Parliament of England (which was called upon the sentence of the Council, animated by the relation made by the Commissioner, that it was fit to use force against us) hath not seen just cause of war, or of giving monies for war, and so to enter in a national quarrel, and therefore is broken up; and yet the expedition ceaseth not.  
By this time it may be 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 only 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 authority: Large profession is made before God and the world, of a constant intention, that we shall enjoy our Religion and liberties, and more than this, we nor do nor did ever desire: how then cometh it that we rest not satisfied, since his Majesty is disposed to grant all our desire? The fallacy may be soon seen: The Declaration professeth, that his Majesty never did hinder us from the enjoying of our Religion, etc. because his Majesty is still in the opinion, at least our enemies would have it to appear, that the Service Book, the Canons, Episcopacy, are nothing against our Religion. And therefore would grant us a Religion, that may consist with them and take them all within the compass of it: In this sense the Lutherans, Arminians, Papists were they our Superiors, would grant us the enjoying of our Religion, because they conceive it not to be Religion wherein we differ from them: and Politics 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 Majesty 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 pass in Assembly and Parliament, what are Religion and liberties by our laws: This was therefore the sum of our desires from the beginning, which his Majesty was also graciously pleased to grant, but when the Assembly hath convened 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 authority in the Assembly and Parliament, although proceeding soberly, posedly, and upon such grounds as were furnished by the laws of the Kirk and Kingdom: This is the round that we have run, and we are led back to the point at which we had our beginning. A circular course which fort well with the advise professed in a divisive meeting in the time of the Parliament, and since discovered: I will never be an adviser of his Majesty to invade this Kingdom by hostility, but to make shows upon our borders, that we may be ever in arms, our means may be consumed, and we inpoverished, that so the King at last may obtain his ends: which is to turn this work into Penelopes ●ebbe, to do and undo, and thus to labour in vain: But the adviser might have been better acquainted with the Scottish temper of his own countrymen.  
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 civil for Religion; that for obtaining them we have not strayed from the fair and strait way of legal redress by Assembly and Parliament, which his Majesty injustice did promise at the pacification. And concerning other demands, about matters Civil, although it be most certain from by gone experience, that the corruption and thraldom of the Parliament hath been the occasion of the corruption and thraldom of our Kirk; That by our Records it is out of question, that the cognition and decision of the articles, doth properly belong to the Parliament; and that in Parliamen: we have proceeded upon no other grounds, but the Laws and laudable practices of this Kingdom, never questioned before, but inviolably observed, as the only rule of government: yet lest pressing any of those too much, we should work contrary to our own ends, and frustrate ourselves of our desired peace; It hath been shown to his Majesty, 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 final determination from his Majesty and the Estates, as might serve most for the well-publicke, without trenching upon his Majesty's authority. The proceed therefore of the Assembly, countenanced and concluded with the consent of his Majesty's 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 cause of war. This must rest first upon the incendiaries, who kindled the fire, and are now enraged when they find the smoke blown in their own eyes, and their own nests thereby consumed; hopeless to get it extinguished, and themselves builded up again to their content, by a fair and legal 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 Babel which the children of men had builded here, 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 trial, as it is the glory of a King to search out a matter, we would no more doubt of our own justification, nor we do of his Majesty's justice: the light and influence whereof we find eclipsed and hindered by the intervention of the wickedness of bad & unjust Ministers, to the darking also of his own glory, which we hearty wish may shine as the Sun, to the comfort of all his Dominions, rather than to be turned into a storm and tempest of an unnecessary and unnatural war, which we have laboured by all means to prevent, and now resolve to endure by the help of God, and in hope of a happy success, if the English as they are invited, or the Irish as we hear 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 sovereign Judicatures in Spiritual and Civil matters, and to which his Majesty hath remitted us; In this case we only appeal to that prime Law of Nature, Offer not that to another which thou would not have done to thyself: graced and perfected by the mouth of Christ, whose name we all do bear: All things whatsoever ye would that men should do unto you, do ye even so to them, for this is the Law and Prophets. Wisdom would rather direct, without wronging of Piety or Justice, first to search the cause and fountain of our troubles at home, and to take away the wicked before the King, and when this is done, and his Majesty's Throne established in righteousness, then to join as one man against the two great Catholics, the one a King, the other a Prelate, who have in their desires and hopes long ago destroyed us, and as their opportunities serve, cease not to invade us, or undermyne us. This might be a trial both of others, and of us, whether we are disaffected to piety, or to his Majesty's 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 skies pour down righteousness: let the earth open, and let them bring forth salvation, and let righteousness spring up together: I the Lord have created it.   
FINIS.