A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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Declaration be the estaitts of parliament [in Scotland] premittit be thame to thair procedingis.
From the public records of Scotland in the laigh parliament house at Edinburgh.
We noblemen, barrons, and burgesses, commissioners of schyres and burrowes convenit in this high court of parliament by his majesties specill and solemne indiction, with all loyall respect to the kings most excellent majestie, his persone and authoritie, and with our best affections to the preservation off religion and liberties of this kirk and kingdome represented by us, doe declare and mak manifast, that our intentions and desires ar no other at this tyme then they have bene heirtofore expressed, and that his majestie at the pacification with the advyce of the counsallors of both kingdomes did declare and assure, that it was his royall will and pleasor, that all maters ecclesiastical sould be determined be the assemblies of the kirk, and maters civill be the parliament and other inferior judicatories established by law; and therfor in his royall justice wes pleased to indict ane assemblie to be convened at Edinburgh August 12, for setling the peace of the kirk, and a parliament to be holden at Edinburgh August 26, for ratefieing the conclusions of the assemblie, and setling such other things as might conduce for the good and peace of the kingdome, which wes the sume of our desires. And becaus his majestie could not in his awin royall persone be present in parliament, which wes our earnest desire and great expectation, it pleased his majestie to send his commissioner instructed with full power to bring maters to a final conclusion without delay, and against all feares of prorogation. And becaus, contrare to our expectation, John erle of Traquare his majesties commissioner did tak upon him, without the consent of the estates, upon a privet warrant procured by himself against his majesties publict patent under the great seall, to prorogat the parliament till this second of June, our duty both to king and countrey did constrain us to mak a publict declaration in face of the parliament, bearing that the prorogation of the parliament without consent of the estates wes against the laws and liberties of the kingdome, wes without precedent, example, and practice in this kingdome, and directlie contrair to the articles of pacification, which his majestie did constantlie profess wer to be inviolably observed; and therefore behoofed to be ineffectual to hinder the proceding of the parliament, and that whatsoever we might have done by the laudable example of our predicessors in the like exigence and extremity without any just offence to authoritie, yit that our procedings might be far from all appearance of giveing his majestie the smalest discontent, we notwithstanding did chois to cease for that tyme from our publict proceding in parliament, to the which we all unanimoslie wer the mor inclined and moved to condescend, by reason that his majesties commissioner, as he professed, he wes confident that his majestie would keep his royall promis, and not urge any furder prorogation, soe did he, as sensible of the great necessity of the kingdome, unable to endure longer delay, seame to be sua farr from judgeing it unlawful to us to proceed at the day appoyntit, in case we sould be postponit and frustrated by making new prorogations, that he made often and open profession, that he would joyn with us therin, as many of the articles and other members of parliament did testifie in face of parliament; and we resolved to doe no more but to mak remonstrances to his majestie of our propositions and procedings in the tyme of our sitting in parliament, and to leave some of our number to be our commissioners at Edinburgh, to attend the return of his majesties gracious answer to our just demands, and, as occasion sould require, to mak remonstrances again to his majestie. And if it sould hapen, when we had used all possible means for information, that the suggestion of our enemys should prevail against all our humble and peaceable endeavours (ane evel, which from former experience we had reason to feare) in that case it sould be no imputation to us, if we sould be constrained to tak the most ready and lawfull way as might tend to the secureing of the kirk and kingdome from the extremitie of confusion and miserie intended and longed for be our enemies. And whereas, since the emitting of that our declaration, ther hath bene great care to keep all things in peace at home, great diligence used by our commissioners sent to England (the second tyme being comandit to returne the first tyme without access) to give his majestie satisfaction in judging the reasons of our demands, a more ready receaveing of his majesties comandements (which wer devysed and procured by our enemeis to try and tempt us) then could have bene expected, or could be done of us with our saftie, as may appeare by the garisone, armies, and ammunition in the castell of Edinburgh, and by materialls furnished them by the toune; and on the other part scandalous relations of our parliamentary procedings have bene made at the counsall table of England, and the benefite of hearing before the counsal denyed to our commissioners, great violence and outrage done by the castel of Edinburgh, not onlie against men and buildings, bot women and childrene; our ships and goodes taken at sea, and the owners striped naked and barbarouslie used; a comission gevin for the subdueing and destroying of this whole kingdome; all things devysed and done, that may mak a rupture and irreconciliable warr betwixt the two kingdomes; our commissioners hardly used qll they wer in England, by restraints put upon them, and the lord Lowdoun still imprisoned; no anser gevin unto them nor returned to us touching our just demands; but in place therof, a declaration gevin out, denunceing warre, and provocking the other two kingdomes to come against us as traytors and rebells. And when we had patiently endured all these evills in hope of some better newes, at this second of June, appointed for sitting of the parliament, hearing nothing from his majestie, or his majesties commissioner, or any in his name, ather to settle this kingdome according to the articles of pacification, or to interrupt our proceedings, bot of a profest resolution with all speed to bring armies against us; therefor we the estates of this kingdome now convened in parliament for acquyting ourselves in the great trust comittit to us, and for the preventing the utter ruine and desolation of this kirk and kingdome, ar constrained in this extreme and extraordinarie exigence to declare and mak knowin, that in conscience of our duetie to God, this kirk, our king, and countrie, wee ar necessitatit to tak this course for remaining and abyding together in this present parliament indicted by his majestie, and to continue and goe forward therin, ay and qll the maters determined by the late generall assemblie, with the express and particular consent of his majesties commissioner present from the begining to the ending theirof, be considerit and ratifeit in parliament, and qll such other civill bussines be deliberated and concludit, as may best conduce to the settling of the good and peace both of kirk and kingdome, which ware the express and special endis mentioned in his majesties declaration emittit for that effect, according to our humble desires, and quheirupon the articles of pacification were accordid. And as in this purpose we ar pressed by the present exigence of affairs, and the necessitie of our duetie, so ar we the more hartned to the same, forasmuch as at the foresaid second day of June, to which dey the continuation was onlie urged, ther has bene nothing intimat unto us, being all according to his majesties commandement solemnlie convenit in parliament, to signifie any thing of his majesties different intentions, notwithstanding that we omittit no meanes, which might bring us to the true knowledge theirof (as in humble duetie we acknowledge it becomes us to doe) for the first act of our meeting wes directit to mak publict inquirie, if any of his majesties officers, or any in his majesties name wes present instructed with authoritie or warrant from his majestie to importe to the parliament, now convened at the day appointit, his majesties will and pleasure, that the same might have been first of all takin to our consideration; and none appearing to mak the least signification theirof, which we did humblie regrate, we wer in reasone obliged to tak this at least for a tacite consent, and his majesties presumed allowance of us to proced, like as the nature of this contenuation made to a certain day, as is ordinar in all other judiceall continuations, evinceth the same which permitteth libertie and power to the judge at that day (quher no other impediment intervenes or is made knowen) to returne to the method, ordor, and course of the bussines, quherin it was at the tyme of the continuation. In respect quherof, and of the forsaid expressions made by his majesties commissioner, we ar the more strenthned to go on to a finall determination. In the meane whyle against all unjust suspicion, and against all the calumnies and malicious speeches of our adversaries, we doe in the truth of our harts declare, that it is far from our thoughts and myndes in any sort to touche on soveranitie, or in the least touche to violat the sacred and inviolable name of his majestie and kinglie authoritie, still remembring (which is nevir to be forgottin by us) how straitlie we ar bound by the religion of our oath and the loyaltie of subjection to the contrary. Likeas we make knowin that we have no intention to pass the bounds set by his majestie at the pacification, bot to keep within the same, that is, to link upon the constitutions of the assemblie approvin by his majesties commissioner and the necessarie consequences theirof, and according to his majesties will to ratifie the same for settling the distractions of the kirk, and preventing the like in time comeing. And nixt to provyde for remeeding the present evils of the kingdome, and to establish the most necessarie conclusions for the good and peace theirof, which we ar verie hopefull his majestie will interpret to be no other thing on our part, bot the receaveing and making use of that benefiet which his majestie in his justice and goodnes have publictlie granted to us, and hath never recalled to this day. And this our first act of parliament we ordaine to be recordit in the registeres of parliament, and to be presentlie published to the world for our exoneration, both in satisfeing of such as ar not acquainted with the grounds and reassons of our proceedings, and for preventing the sinister or unjust and undeserved aspersions of others.
10 Junii 1640.
Red and assentit to undecimo Junii 1640.
Red voited and past in parliament,
Burglly præses in presentia dominorum parliamenti.
Act and declaration be the Estaitts [of Scotland] anent the closer of the parliament.
The humble and continued desires of your majesties subjects convenit in parliament by your majesties authoritie.
From the public records of Scotland in the laigh parliament house at Edinburgh.
These ar the acts of this parliament called at first and conveened againe the second time by your majesties authoritie, not in a common way of calling of parliaments, but by your majesties speciall and solemne promise in your majesties royall declaration at the tyme of pacification grounded theirupon, which we now in all humilitie present unto your majesties view and princely consideration, as containing no new thing different from our first and continued humble desires, and serveing for the preservation of our religion and lawes, and for settling the peace of this kirk and kingdome under your majesties government. As it was never our mynd to deny unto yor majestie, our native king and dread soveraine, any pairt of temporall and civill obedience, so doe we now all of ws with one heart and voice testifie to yor majestie before the world, against the open railings and secreet suggestions of our enemies, that we accompt no earthly thing so desyreable as to have the happienes of enjoying this peace under the long and prosperous reigne off yor majestie and yor royal successors, in quhome we have so great and kyndly interest. And theirfoir, as it hath bein our care and dilligence to keepe ourselves within the bounds of moderation (as if your majesties throne standing befoir our eyes had been filled, and we honoured with your majesties personall presence) enacting nothing bot the ratification of the constitutiones of the late assemblie approven by yor majesties commissioner, and such other things as doe conduce for yor majesties honour and the good and peace of the kingdome, and making no kind of alteration bot such as either by wnavoydable necessitie and by strenth of the mater itself was origined and dirived from the acts of the assemblie, and without which they could not be ratified according to yor majesties declaration, or according to the lawes were most necessary for the preservation of our religion and liberties in tyme coming; so is it now our humble petition and confident expectation, that yor majestie will judge equallie of the procedings of yor loyall and weill meaning subjects, and will accompt of these acts as of yor majesties owne lawes, since they have bein present with their particular reasons to yor majesties examination by our commissioners, and nothing remonstrated to ws against the equitie or necessitie of them; and since they ar concluded in this parliament ester once prorogation, conveened by yor majestie for this effect, we had bein inexcusable, and could neither have answered to God Almightie nor to your majestie his vicegerent for our good, that we had not in the extreame exigence of this kirk and kingdome made wse of the libertie, which by his divine providence and your majesties authoritie and commission was put in our hands. When yor majestie sall be graciously pleased to command these acts to be published in yor oun name as our soveraine lord, which the estates of parliament conveened by yor majesties authoritie, when the lord Lowdoun, on of our commissioners, sent from the parliament wpon yor majesties warrant, sall be returned in safetie; the castle of Edinburgh, and other strenthes of the kingdome sall, with the advice of the estates according to their first foundation, be furnished and wsed for our defence and securitie; some of our countrymen in yor majesties other dominions sall be frie from censure for subscribing the covenant, and be no more pressed with oaths and subscriptions wnwarranted by our laws, and contrary to their nationall oath and covenant approved by yor majestie; others of them, who have been wicked instruments to work ws all our woe, and to divyde betwixt yor majestie and the kingdome, sall be sent hither and put to a tryall according to the laws; our schips, and goods, souldiours, and others imprissoned restored, and our losses and wrongs, which all this tyme we have sustained, repaired, declarationes against ws as treatours recalled, and qhen yor majestie sall be pleased to condescend to a stable and weill grounded peace, for our enjoying of our religion and liberties, against all fears of molestation and undoing ws yeare to yeare, or as our adversaries sall take the advantage; then will the reall testimonies and royall proofes of yor majesties justice and goodnes be so strong bonds of love and invincible chaines to ty our hearts, that never was their a people more obsequious to a king, nor a king more contented and happy in a people. And why sall we not thinke, that yor majestie will regard the sound judgement and wnfaned affection of a whole kingdome, above the opinion and self love of a few male contents, who ar at discord with the tymes, and accompt your majesties danger and dishonour, and our common calamities, to be a mitigation of their justly deserved miseries? Why sall we not hope, that your majesties wisdome will judge it more convenient to bestow your royall favours upon this wholl kingdome, wherin every one of ws may have our owne benifeit, then wpon some few persones, who by their intervention mak an ecclipse of your majesties countenance and goodnes at so great a distance? And why sall not an obedient people, that curseth all rebellion and treason to hell, where it is hatched, look for better days, when this storme is blowne over; wherein God may have his owne glorie, your majestie as much honour as a good king can require, and we your majesties subjects, that peace and happiness, which may make us heartly pray for the long and prosperous reigne of our native king and monarch?
10 Junii 1640.
Red and agreed to undecimo Junii 1640.
Red voted and past in parliament,
Burghly præses in præsentia dominorum parliament.