Declaration Concerning the Late Tumults in Scotland, Floating text 7 – Floating text 8
The tenth Parliament of James the sixth, Act. 12.
FOrasmuch as there was an Act made in the Regiment of Mary, late Queen dowager, and Regent of this Realme, Our Soveraigne Lords grandmother of worthy memory, concerning leagues and bands, as being thought, against all law and obedience of subjects towards their Princes; The not observation of which Act since the making, hath given occasion of many troubles which have occurred since: VVherefore Our Soveraigne Lord, with the advice of His three Estates, conveened in this present Parliament, ratifieth, approveth, and for His successours perpetually confirmeth the said Act of Parliament, and ordaineth the same to have full effect and …xecution in all time to come: And also of new, with the advice of His said three Estates, dischargeth and annulleth all leagues and bands made between his lieges and subjects at any time by-past preceding the date hereof: And statuteth and ordaineth, that in time to come no leagues nor bands be made amongst His subjects, of any degree, upon whatsoever colour or pretence, without His Highnesse or His successours privitie and consent had and obtained thereunto, under the paine of being held and executed as movers of sedition and unquietnesse, to the breach and trouble of the publick peace of the Realme, and to be cited and pursued therefore with all rigour to the example of others.
The ninth Parliament of Queen Mary, Act. 75.
IT is statuted and ordained by the Queenes Majestie, and three Estates in Parliament, That no manner of person or persons, of whatsoever qualitie, estate, condition, or degree, lieges of this Realme, attempt to doe or raise any bands of men of warre, on horse or foot, with Culverings, Pistols, Pikes, Spears, Jacks, Splents, Steel-bonnets, white harnis, or other warre-like munition whatsoever, for daily, weekly, or monethly wages in any time to come, without speciall licence in writing had and obtained of Our Soveraigne Lady and her successours, under the paine of death, to be executed upon the raisers of the said bands, as also upon them that doe conveen and rise in bands.
Now Our consent to their Covenant was not onelyonly never granted, but never so much as once asked.
When they have satisfied these important questions and considerations, which are obvious to all men who are acquainted with Lawes and Government, then let them bethinke themselves how they will answer, not onelyonly to all Divines abroad who are not Jesuited, but even to their own Universities at home in that Our Kingdome, in the case of conscience, how any Oath, much lesse such an unlawfull Oath as this, can be administred to any Prince his subjects, without his consent or authoritie. There are but two Universities in Scotland which conferre all Degrees, S. Andrewes and Aberdene; both these, upon the first comming abroad of this their Covenant and Oath, did oppose it, and severally set forth, sent abroad and dispersed in writing, those excellent and unanswerable Reasons against it, which Wee have seene and have, but which the Covenanters did never answer. Besides, the Divines of Aberdene set out in print their Queries to the three Ministers, sent thither from their Table to perswade their Covenant, which how poorely and pitifully they answered, and so againe, how they answered the same mens Duplies, as miserably as their former Queries, We leave to the judgement of Schollers, to whom these three Ministers weakenesse in their answers hath made them sufficiently ridiculous. There is likewise an Universitie in Glascow, which because it hath but one Colledge, and hath not of late conferred any Degree above that of Master of Arts, is called the Colledge of Glascow. They of that Colledge were verie backward to come into their Covenant, untill they were extremely threatned; and when they came in, they premitted such interpretations and limitations, as were destructive of the verie foundation of it; some of the Regents never came in at all. In the Colledge of Edinburgh, where there are but foure Regents, how two of them, for not subscribing their Covenant, were expelled from their places, is notoriously knowne. Now one would thinke, that in any Kingdome the judgement of the learned Professors in Universities and Colledges, in a point of conscience, should weigh downe the groundlesse opinions of their Tables, consisting of Noblemen, Gentlemen, Ministers and Tradesmen.
But leaving the many unanswerable reasons which may be brought against this their Covenant, Wee shall desire the Reader to observe three things, which appeared at the verie first comming out of it: First, how in it they swelled farre above all that ever was complained of, either in their tumults or petitions: In their tumults they complained onelyonly of the Service Booke; in their petition exhibited to Our Councell and sent up to Us, they complained of the Service Booke and Booke of Canons; more of their grievances then, Wee knew not: Now in this their Covenant, besides these two, they complaine of, and doe abjure, as they make their adherents beleeve, the five Articles of Pearth, which were established by Acts, first of the generall Assembly, and then of Parliament; Then they complaine of the high Commission, which ever since the yeare 1609. hath beene quietly established and in practise amongst them; Then they complaine of Prelats sitting in civill Judicatories; a thing which Wee cannot chuse but wonder at, not only in regard of Our Selfe, whom by this meanes they would robbe of the benefit of the abilities of any of Our subjects in Our counsels and affaires of State, as if holy Orders did superinduce a dissabilitie for civill Wisedome and Prudence; but especially in regard of themselves, because by this strange conceit they contradict, more then they are aware of, their owne false and prodigious opinions: for what incongruitie can they finde in it, for a Bishop to sit at Our Councell Table, where many causes are heard, in which Religion is concerned; or in Our Session, where many Church-men have trialls for their maintenance? when they themselves hold it not onelyonly convenient, but necessarie, and that even jure divino, that Noblemen, Gentlemen, Merchants, Taylors, Sadlers, Shoomakers, and others of most mechanicall Trades, shall sit and give sentence in Parochiall Sessions and in Presbyteries, in Causes Ecclesiasticall, and those of the highest nature, even the last and supremest censures of the Church, Excommunication, and depriving of Ministers; nay, that they shall give sentence in the generall Assembly (a Judicatorie which now they hold to be above Our Session, Councell, or Parliament; for they maintaine that the Acts of that Assembly may, in many cases, disannull and derogate from the Acts of the other three) where they doe assume to themselves to determine all questions de Fide, Cultu & Disciplina, of Faith, Worship or Discipline, and in which of late they did assume to themselves power to determine, and, according to their weake and poore power, did determine controversies concerning Predestination, universall Grace, irresistibilitie of Grace, concurrence of Free-will with Grace, totall or finall falling from Grace, and other such like intricate points, as some men would be loath to live so long untill they could make them understand them.
Secondly, Wee desire the Reader to observe with what affections this their Covenant was received abroad, both by Protestants and Papists, at the very first publishing of it: By Papists it was received with infinite joy, as hoping that now the time was come in which both Wee and Our Successors might be brought to abhorre and detest that Religion, whose professed Zelots had beene the authours of such an unsufferable Covenant, which could not consist with Monarchie; which appeared to Us most evidently by the advertisements which then were sent up to Us from some of Our Councell of that Kingdome, that the sudden and frequent arrivall of Priests and Jesuites from Doway and other Seminaries beyond the Seas, was so great, in hope of their welcome to Us because of this seditious Covenant, that unlesse some speedie order were taken for their present discouragement and sending backe, the evill might quickly passe remedie; which moved Us, notwithstanding these present broiles, to take present order for such proceedings against them, as they were forced to retire. With Protestants abroad, it was received with most offensive scandall and infinite griefe; which appeared unto Us by advertisements from some of Our publique Ministers abroad, who certified Us, that both the Ministers and others of their Consistorie at Charenton, and of other Reformed Churches in France, as also the Professors, Ministers, and Consistorie of Geneva, and of other neighbouring Reformed Churches in those parts, were so scandalized with this prodigious Covenant, as that they were afraid of nothing more then this, that it would bring an indeleble scandall upon the Reformed Churches, and alienate the mindes of all the Princes of Christendome from ever entertaining a good thought of their Religion. Of what condition then and fearfull consequence that Covenant is, which bringeth griefe and offence to Our friends, joy and triumph to Our enemies, is evident to all eyes that are opened.
Thirdly, We desire the Reader to consider with what furie and madnesse this Covenant, after it was conceived, was obtruded to all sorts of people: with what threatnings, with what beating, tearing of the clothes, drawing of the bloud, and exposing to thousands of injuries and reproaches, at Edinburgh, Saint Andrews, Glascow, Lanarick, and many places more, of those Ministers, who out of religious conscience towards God, and loyall carriage towards Us, did either disswade their Parishioners from entring into it, or could not by their intreaties or threatnings be perswaded to enter into it themselves. No doubt it cannot be a Covenant approved by God, the first bitter and accursed fruits whereof were the many drops of bloud drawne from many of Gods Ministers, which now no doubt doe call for Gods vengeance upon the whole land.
Now, the fire of this seditious Covenant flaming thoroughout all the corners of the Kingdome, and that to such an unexpected height and violence, as it was past both the skill and power of Our Councell to quench it, Our Councell resolved to send up unto Us Sir John Hammilton Our Justice Clerke, one of Our Privie Councell, and one of the Lords of Our Session, that he might fully acquaint Us with the passages of this Rebellion, and the consequences of it. After Our hearing of him many times, and many consultations had with such of Our Councell of Scotland as were then here present, and such of Our Councell here in England as We thought fit to communicate this businesse unto, We resolved to send unto that Our Kingdome the Marquesse of Hamiltoun with the full power of an High Commissioner, as in other cases Our Royall Father and We had many times done in important businesse concerning that Kingdome; and in the meane time, we dispatched home the said Sir John Hamilton to give notice thereof, both that they might carrie themselves quietly untill Our Commissioner his comming, from whom they were to expect Our pleasure, with all favour which might consist with Royall authoritie, as also that they might before Our Commissioners going from hence, have time to make Us fully acquainted with the uttermost of their grievances, that so accordingly Our Commissioner might receive Instructions from Us for giving unto them all just satisfaction.
And so We, having here taken into Our serious consideration all their Petitions, which We might have justly rejected, because of the insolencie of their demeanour, and their tumultuous way of presenting them to Our Councell, yet resolved to take the mildest course We could for calming of these commotions, and therefore We settled upon a way usually practised by Our Royall Father in that Kingdome since his comming to the Crowne of England, viz. to establish an High Commissioner, with full power and authoritie to conclude and determine all such things as should be found for the good, quietnesse, and peace of that Kingdome, with as full and ample power as other Commissioners had exercised in any time of Our Royall Father, and especially at Parliaments. And considering that none, in the consultations which We held for this businesse, had ever shewed himselfe more forward and inclinable to advices and counsels of peace, nor a more zealous Patriot towards his native countrey, then Our right trustie and well-beloved Cousin and Councellour of both Kingdomes, James Marquesse of Hamiltoun, &c. Gentleman of Our Bedchamber, and Master of Our Horse; We made choice of him for Our High Commissioner, to that purpose, being perswaded both of his loyaltie and fidelitie towards Us, as also of the great acceptation of his person with Our subjects there, in regard of his birth and place, but especially of his singular care of, and love to his countrey, which they themselves did know he had so piously and affectionately expressed in all his consultations and counsels here with Us: Him therefore We dispatched from hence with full Instructions, according to which he was to receive his Commission under Our great Seale of that Kingdome at his comming thither, which he received and presented to the Lords of Our Councell, frequently assembled at Dalkeith, the sixt of June following; the true tenour of which Commission here followeth.
CAROLUS Dei gratiâ Magnae Britanniae, Franciae, & Hiberniae, Rex, fideique Defensor: Omnibus probis hominibus suis ad quos praesentes literae pervenerint, Salutem. Sciatis nos considerantes magnos in hoc regno nostro Scotiae non ita pridem exortos tumultus, ad quos quidem componendos, multiplices regiae nostrae voluntatis declarationes promulgavimus, quae tamen minorem spe nostrâ effectum hactenus sortitae sunt: Et nunc statuentes, ex pio erga dictum antiquum regnum nostrum affectum, ut omnia gratiosè stabiliantur & instaurentur, quod (per absentiam nostram) non aliâ ratione commodius effici potest, quàm fideli aliquo Delegato constituto, cui potestatem credere possumus tumultus ejusmodi consopiendi, aliaque officia praestandi, quae in bonum & commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur: Cum que satis compertum habeamus obsequium, diligentiam, & fidem praedilecti nostri consanguinei & consiliarii Jacobi Marchionis Hamiltonii, Comitis Arraniae & Cantabrigiae, Domini Aven & Innerdail, &c. eundem que ad imperata nostra exequenda sufficientèr instructum esse: Idcircò fecisse & constituisse, tenore que praesentium facere & constituere praefatum praedilectum nostrum consanguineum & consiliarium Jacobum Marchionem de Hamiltoun, &c. nostrum Commissionarium ad effectum subscriptum: Cum potestate dicto Jacobo Marchioni de Hamiltoun, &c. dictum regnum nostrum adeundi, ibidem que praefatos tumultus in dicto regno componendi, alia que officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi praestandi: Eo que Concilium nostrum quibus locis & temporibus ei visum fuerit convocandi, ac rationem & ordinem in praemissis exequendis servandum declarandi & praescribendi: Et quaecun que alia ad commissionis hujus capita pro commissa ipsi fide exequenda, eandem que ad absolutum finem perducendam & prosequendam conferre possunt tam in Concilio quàm extra Concilium nostro nomine efficiendi & praestandi: Id que similiter & adeò liberè acsi Nos in sacrosancta nostra persona ibidem adessemus. Et hac praesenti nostrâ commissione durante nostro beneplacito duratura ac semper & donec eadem per nos expressè inhibeatur. In cujus rei testimonium praesentibus magnum sigillum nostrum apponi praecepimus. Apud castrum nostrum de VVindsore vigesimo die mensis Maii anno Domini millesimo sexcentesimo trigesimo octavo, Et anno regni nostri decimo quarto.
Per signaturam manu S. D. N. Regis suprascriptam.
On which day the whole body of Our Councell, with all respectfull and dutifull expressions of joy and thankfulnesse of Our fatherly care of that Our Kingdome in these difficult times, acknowledged and received Our said Commission and Commissioner: And Our said Cousen and Councellor, the Lord Marquesse of Hamiltoun, did with all submissive reverence then and there accept the said Commission, promising the uttermost of his endevours for settling the peace of that Kingdome, so farre as might consist with Our royall Crowne and Dignity, and the Lawes and Liberties of that Our ancient and native Kingdome, as by the Act of Councell dated at Dalkeith the sixt of June 1638. doth more fully appeare: After which acceptation of our Commission, the said Lord Marquesse had by Our Councell, and all others, whensoever he went abroad, all respects, honour and reverence due to Our Commissioner, performed unto him, Our Chancellor carrying Our great Seale before him, and some other Noblemen of great place and qualitie carrying Our High Commission before him likewise.
We having now taken this course which We conceived most agreeable both to the customes of that Kingdom, and most acceptable to them, in regard of the choyce of Our Commissioner, had then assured hopes, that the dangerous distractions of that Kingdome might be happily composed: But these hopes were quickly blasted; for no sooner had the heads of the Covenant notice of these peaceable courses intended by Us, but they flew out, even before our Commissioners arriving there, into farre greater violence then heretofore, increased the frequent meetings of their Tables, subdivided them into severall Committees, increased their provision of Armes, made their Pulpits ring with most seditious Sermons, putting the people in feare, that now there was more danger to be expected from the Lord Marquesse his comming home, and all peaceable treaties, then ever; and at their Tables concluded upon a paper, consisting of ten Propositions or Articles, which they caused immediately before our Commissioners arrivall, with wonderfull expedition, to bee dispersed throughout all the Shires of that Kingdome: which ten Articles, according to the true copie, We have caused to be here inserted.