A NEW pair of Spectacles Of the old Fashion, for the SCOTS COMMISSIONERS TO help their Eye-sight, when they are returned to the Parliament at edinburgh. To give account of their Protest against And Demands of, the Parliament of ENGLAND. A pair of crystal Spectacles March 5. 1648. Imprimatur THEODORE JENNINGS. London Printed by Robert Ibbitson in Smithfield near the Queens-head Tavern, 1648. IT is asserted by Fordome, mayor, Boethius, Buchanan, Hollanshed, who run all upon this Principle, That the States of the Kingdom of Scotland, did 1 choose a Monarchy, and freely, and no other Government. 2 That they freely elected Fergus to be their King. 3 King Fergus frequently convened the Parliament, called, Insulanorum deuces, Tribuum Rectores, Majorum consessus, Conventus Ordinum, conventus Statuum, Communitatum Regni, Phylarchi, Primores, Principes, patres, and as Hollanshed saith, they made Fergus King, therfore a Parliament is before the King; yea, and after the death of King Fergus, Philarchi coeunt concione advocatâ, the Estates convened without any King, and made that fundamental Law, Regni electivi, That when the Kings children was minores, any of the Fergusian Race might be chosen to reign: and this endured to the daies of Kennethus: and Redotha Rex 7. resigneth and maketh over the Government into the hands of the Parliament, and Philarchi & Tribuum Gubernatores, ordained Therius the 8 King. Buchanan, l. 4. Rer. Scot. calleth him Reutha, and said he did this, Populo egrè permittente, then the royal power recurred to the fountain. Therius the 8. a wicked man, filled the Kingdom with Robberies, fearing that the Parliament should punish him, fled to the Britaines, and thereupon the Parliament choose Connanus to be Prorex, and protector of the kingdom. Finnanus R. 10. Decreed Ne quid Reges, quod majoris esset momenti, nisi de publici consilii authoritate juberent, & ne domestico consilio remp. administrarent, regia publicaque negotia non fine patrum consultatione ductuque tractarentur, nec bellum pacem aut faedera reg●s per se patrum, Tribuumve, Rectorum injussu facerent, demerentue. Then it is clear, that Parliaments were consorts imperii, and had Authority with and above the King. When a Law is made that the Kings should do nothing Injussu rectorum tribuum, without commandement of the Parliament, a Cabinet counsel was not lawful to the Kings of Scotland. So Durstus Rex XI. sweareth to the Parliament, Se nihil nisi de primorum consilio acturum, That he shall do nothing but by counsel of the Rulers and Heads of the kingdom. The Parliament rejecting the lawful son of Corbredus the 20 King, because he was young, created Dardanus the son of Metellanus King, which is a great argument of the power of the Scottish Parliament of old for elective, rather then hereditary Kings. Corbredus secundus, called Galdus, the 21 King, at his Coronation renouncing all negative voices, did swear, Se majorum consiliis anquieturum, That he should be ruled by the Parliament; and it is said Leges quasdam tollere non potuit, adversante multitudine. Lactatus R. 22. is censured by a Parliament, Quod spreto majorum consilio, He appointed base men to public Offices. Mogaldus R. 23. Ad consilia seniorum omnia ex prisco more revocavis, did all by the Parliament, as the ancient custom was. Coranus 24. K. was cast in Prison by the Parliament. Quod non expectato decreto patrum, quod summa erat potestatis, privatis consiliis administrasse●, Because he did the weightiest business that concerned the kingdom, by private advice, without the judicial Ordinance of Parliament, that was of greatest authority. Where is the negative voice of the King here? Ethodius 2. the son of Ethodius the 1. the 28 King.( The Parliament passing by his son of the first bed, because he was a child, had created S●trael his Brother King before) a simplo ignorant man, yet for reverence to the name of Fergus, kept the name of a King, but the Estates appointed tutors to him, he was the 28 K. Nathalocus the 30 K. corrupting the Nobles with bribes and fair promises, obtained the Crown. R●machus, Fethelmachus, and Angusianus, or as Buchanan calleth him Aeneannus, contended for the Crown, the Parliament convened to judge the matter, was dissolved by tumult, and Romachus chosen King, doing all, Non adhibitio, de more, consilio majorum, was censured by the Parliament. Fergus the 2. was created King by the States, De more. Constantine 43 K. a wicked man, was punished by the States. Aidanus 49 K. by the counsel of Sanctus Columba, governed all in peace, by three Parliaments every year. Ferchardus 52 K. and Ferchardus 2. the 54 K. were both censured by Parliaments. Eugenius 62 K. a wicked Prince, was put to death by the Parliament, Omnibus in ejus exitium, consentientibus. Eugenius 7. the 59 K. was judicially accused, and absolved by the States, for killing his Wife Spondana. Donaldus the 70 K. was censured by a Parliament which convened Pro salute Reipublicae, for the good of the land. So Ethus the 72. K. Ne unius culpâ, reg●●n periret. Gregorius the 73. K. sweareth to maintain Kirk and State in their liberties; the Oath is ordained to be sworn by all Kings at their Coronation. The Estates complain of Duffus 78 K. because contemning the counsel of the Nobles, Sacrificulorum consiliis abduceretur, and that neither the Nobility must depart the kingdom, or ano- the King must be made. Culenus the 79. King, was summoned before the Estates, so before him Constantine the 3. the 75. K. did by Oath resign the kingdom to the States, and entred in a Monastery at Saint Andrewes. Kenethus the 70. K. procured almost per vim saith Buchanan, that the Parliament should change the elective Kings in hereditary, observe the Power of Parliaments. After this Grimus, and then Machethus, R. 85. is rebuked for governing by private counsel, in his time the King is ordained by the States, to swear to maintain the community of the Kingdom. When Maccolumbus the 92. K. would have admitted a Treaty to the hurt of the kingdom; the Nobles said, Non jus esse Regi, the King hath no right to take any thing from the Kingdom, Nisi emnibus Ordinibus consentientibus. In the time of Alexander the 94. K. is ordained, Acta regis oporteri confirmari decreto ordinum regni, quia ordinibus regni non consultis, aut adversantibus, nihil quod ad totius regni statum attine, Regi agere liceret. So all our Historians observe, by which it is clear, that the parliament, not the King hath a negative voice. The States answer to K. Edwards Legates concerning Balzees conditions in his contest with Bruce is, That these conditions were made a solo Rege, by the King onely, without the estates, of the kingdom, and therefore they did not oblige the kingdom. In Robert the Bruce his reign, the K. 97. the succession to the Crown is appointed by Act of Parliament, and twice changed; and in the League with France, Quod quando de successuro rege ambigeretur apud Scotos, ea controversia ab Ordinum de creto decider tur. Robert the 1000. K. in a Parliament at Scoone moved the States to appoint the Earl of Carick his eldest son, of the second marriage to the Crown, passing his children of the first marriage, and when he would have made a Treaty, he was told, that he could not inducias facere nisi ex sententia conventus publici; he could not make Truces but with the consent of the Estates of parliament. K. James the 1. could not do any thing in his Oath in England. The Parliaments approbation of the battle at Stirling against King James the 3. is set down in the printed Acts, because he had not the consent of the States. To come to our first Reformation, Queen Regent breaking her promise to the States, said, Faith of promise should not be sought from Princes, the States answered, That they then were not obliged to obey, and suspended her government as inconsistent with the duty of Princes, by the Articles of pacification at Leith, Anno 1560. Junii 16. No peace or war can be without the States. In the parliament thereafter, Anno 1560. the Nobility say frequently to the Queen, Regum Scotorum limitatum esse imperium, neo unquam ad unius libidinem, said ad legum praescriptum & nobilitatis consensum regi solitum. So it is declared, Parliament at Sterlinng, 1578. and Parl. 1567, concerning Queen Mary, I need not insist here. K. James the 6. An. 1567. Jul. 21. was crwoned, the earl of Morton and Humne, jurarunt pro eo, & ejus nomine, in leges, eum doctrinam & ritus religionis, quae tum docebantur, publicè quo ad posset, servaturum, & contraries oppugnaturum. Buch. Rer. Scot. Hist. l. 18. The three Estates revoke all alienations made by the King without consent of the Parliament. Parliam. K. James, 2. chap. 2. K. James 4, 5, 6. Three Parliaments of K. James the 2. are holden without any mention of the King, as Anno 1437. An. 1438. An. 1440. and the 5. and 6. Act of Parl. 1440 the Estates ordained the King to do such and such things, to ride through the country for doing of Justice. And Parl. 1. K. James 1. Act. 23. the Estates ordained the King to mend his money. But show any Parliament wherever the King doth prescribe laws to the States, or censure the States. In the 1 Parl. of K. James the 6. the Confession of Faith being ratified, in Acts made by the three Estates, that the Kings must swear at their Coronation. In the pretence of the eternal God, that they shall maintain the true Religion, right Preaching, and administration of the Sacrament, now received and preached within this realm: and shall abolish and gain-stand all false Religions contrary to the same: and shall rule the people committed to their charge according to the will of God laudable laws and customs of the realm, &c. The 1 Parl. of K. James the 6. 1567. approveth the Acts, Parl. 1560. conceived only in name of the States without the King and Queen who had deserted the same So saith the Act, 2 5, 4 20.28 And so this Parl. wanting the King and Queens authority, is confirmed, Parl. 1572. Act. 51. K. Ja. 6 and Parl. 1581. Act. 1. and Par. 1581. Act. 115. in which it is declared, That they have been common laws from their first Date: and all are ratified, Parl. 1587 and Par. 1592. Act 1. and stand ratified to this day, by K. Charles his Parl. 1633. The Act of the Assembly 1566. commendeth that Parl. 1560. as the most lawful and free Parliament that ever was in the kingdom. Yea, even Parl. 1641. K. Charles himself being present, an Act was passed upon the occasion of the Kings illegal imprisoning of the Laird of Langtrun, That the K. hath no power to imprison any Member of the Parl. without consent of the Parliament: Which Act, to the great prejudice of the liberty of the Sub●ect, should not have been left unprinted: for, by what Law the King may imprison one Member of the Parl. by that same reason he may imprison two, and twenty, and a hundred: and so may he clap up the whole Free Estates; and where shall then the highest Court of the kingdom be? All politicians say, the King is a limited Prince, not absolute; where the King giveth out Laws, not in his own name, but in the name of himself, and the Estates judicially convened. Pag. 33. of the old Acts of Parliament, Members are summoned to treat and conclude. The duty of Parliaments, and their power, according to the Laws of Scotland, may be seen in the History of Knox, now printed at London, An. 1643. in the Nobles proceeding with the Queen who killed her Husband, and after married Bodwell, and was arraigned in Parliament, and by a great part condemned to death, by many, to perpetual imprisonment. K. Charles received not Crown, Sword, and sceptre, while first he did swear the Oath that K. James his Father did swear, 2. He was not crwoned, till one of every one of the three Estates came and offered to him the Crown. 3 With an, express conditio● of his duty, before he be crwoned. After, King Charles said, I will by Gods assistance bestow my life f●● your defence, wishing to live no longer, than that I may see this kingdom flourish in happiness. Thereafter the King showing himself on a Stage to the people, the P. Archbishop said; Sir, I do present 〈◇〉 you, King Charles, the right descended inheritor, the Crown, and dignit● of this Realm; appointed by the Peers of the Kingdom: And, Are ye not willing to have him for your King, and become subject to him? The King turning himself on the Stage to bee seen of the People, they declare their willingness, by crying, God save King Charles Let the King live. March 5. 1648. Imprimatur Theodore Jennings. FINIS.