The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

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Title
The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.
Author
Frankland, Thomas, 1633-1690.
Publication
London :: Printed by Tho. Braddyll, for Robert Clavel ...,
1681.
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Subject terms
James -- I, -- King of England, 1566-1625.
Charles -- I, -- King of England, 1600-1649.
England and Wales. -- Parliament.
Great Britain -- History -- James I, 1603-1625.
Great Britain -- History -- Charles I, 1625-1649.
Link to this Item
http://name.umdl.umich.edu/A40397.0001.001
Cite this Item
"The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A40397.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

The Lord Keeper Finch his Speech to the Judges, to promote Ship-money in their Circuits.

My Lords the Judges,

THe Term is now done, the House of Justice is broken up, yet Justice goes not from us; for such is the wisdom and goodness of his Ma∣jesty, that all his Subjects may have Justice ad∣ministred unto them in certainty, and with case and equality. In Term time they know where to find Justice; in the Circuits Justice findeth out them.

Your Lordships may know the great Trust, Power, and Authority, that is committed unto you; how the ancient and excellent Institution of Justice in Eyre is transmigrated into you; and it is a thing will well become your Lordships, to uphold the Dignity of your Places, and to pre∣serve that due respect and reverence that is ow∣ing unto you by virtue of your Places. It is stout∣ness and courage and magnanimity, that be∣comes a Magistrate, nay, should I say severity, I should agree with the saying of the Orator.

There are some that affect Popularity, d••••ing into the Peoples hearts with kisses, offerings, and fawnings. This becomes no subordinate Magi∣strate. It is your part, my Lords, to break the insolencies of such—before it approach too near the Royal Throne. And you cannot too much uphold that reverence and respect that is owing to your Places upon the Bench; when you shall give an account of such as these that mis∣behave themselves, you, my Lords the Judges, shall quickly see the Commission shall not be troubled with them. The Officers, and all o∣ther Ministers of Justice, are to attend you to this like purpose, to receive Information from you. You shall do well to look to them, that they do not oppress the People by unjust exacti∣on and extortion; let them be careful to look to the execution of Justice, for Execution is the Life of the Law; for whosoever by wilfulness or neg∣ligence suffereth not the Law to be put in execu∣tion, doth as much as in him leth wound the Law in the Life thereof. Sometimes Sheriffs and Under-Sheriffs can hardly be got to execute any Process at all, or Extents, or Cap. Ʋilagetum. They will look through their Fingers, and see when and whom they please, sometime for re∣ward, partiality, and affection, or fear of offend∣ing Great Ones, or offending a Multitude. For this they have no Plea; for in Law I am sure it was never known, that it was admitted in Court of Justice for a good Return, that a Sheriff could not execute a Writ, he having Posse Comitatus at his Command to assist him, to the end that the Law may not be fruitless, and like a dead Letter, but that vigour may be given unto it.

While I am speaking to this, I cannot forget to put you in mind of one Particular at least, if I may call it a Particular that doth concern the general Safety and Preservation of the whole Kingdom. His Majesty ever since his happy ac∣cess to this Crown, hath had a vigilant eye of our Neighbours Estates, and taken into his Prince∣ly consideration, out of the affection and love to

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his People, and tender care of their preservation, and the safety of this Kingdom, how active the times are; what preparation is made round a∣bout us; what endeavours there are to encrease their Naval Powers in other Nations. It is known well, that the right of the Dominion of the Narrow Seas belong unto the King, and it hath been his Majesties gracious Wisdom, and Provi∣dence, and Care over us, that these Storms have been prevented, that perhaps had fallen upon us before we could have discerned them. The King hath many eyes, many ears, and many hands; and it is impossible for every man to attain to that knowledge of Forrein States that he hath. And I will be bold to say, it is a base and unworthy part to suffer it to enter into the heart of any man, that we the Subjects of England, that have so just, gracious, and pious a King, to imagine, that unless urgent necessity did require, his Maje∣sty would charge himself and his Subjects with∣out cause. All the World knoweth he reapeth no benefit by it, and certainly it is a malignant humour to think the contrary. The Legality of it hath been already determined, upon as great, a solid and weighty Debate, as ever was in any Cause in Westminster-hall: It was his Majesties goodness to have it so. And yet I know not how it comes about, I hope it is out of misapprehensi∣on, or false intimation put into the hearts of his People, that there is not alacrity and chearfulness given to the obedience of his Majesties Writs'for Ship-money, that his affection and care of his Peo∣ple doth require. God forbid we should stay for provision of Naval Power, till our Enemies be sloating upon us. Let them look to their Du∣ties, I doubt not your Lordships will look to see that there be obedience given, and that those Offi∣cers that do neglect their Duties, may be brought to account, that they may know what the dis∣pleasure is to disobey his Majesties Commands.

I shall not trouble your Lordships with many particulars, your Lordships better know them than I can tell you: Yet something I have in com∣mand from his Majesty.

His Majesty (as all that know him) is the great example of Piety, and of one that daily frequents the House of God, as any Prince in the World: He doth instruct his own People his own way, and commands your care to put that Law in exe∣cution, that must bring men to God's House, and when they are there, they shall learn to obey the Law for Conscience-sake, and not for by-respects. You know well that we have two kinds of Oppo∣sers of Religion, as it standeth, and against them it is sit you bend your Forces and your Authority. And certainly, when we do consider that for these eighty years and upwards, we have enjoyned such plenty and peace, as no Nation hath had the like; what can we betterattribute it unto, than the flou∣rishing of the Gospel among us? And if we shall neglect that great Blessing, all other Blessings will quickly turn into Curses.

The Popish Recusants begin to increase, his Majesty taketh notice of it, he doubteth that there hath not that particular care been taken, in looking to them in all places of the Kingdom, as is fit; your Lordships attend Civil Causes more then that; he commends it to your care, that if it be so now, it be so no more. The Book of Common-Prayer setteth forth the Rights and Ceremonies, establishing the Doctrine of the Church of England, to which no just exception can be taken; for God loveth not to have his House empty or waste. Some, out of what hu∣mour I know not, will scarce admit of any Church at all. I wonder under what show of Religion they can shew themselves, when this Book was penned by those that shed their Blood, and sealed it with their Lives.

My Lords, in the next place his Majesty hath commanded me to put you in mind of the great abuse that is in this Kingdom, by the swarming of Rogues, that hath been so often commend∣ed unto you, your Lordships shall do well to take course for the suppressing and prevent∣ing thereof; and that Men of body and mind may be chosen Constables to execute their pla∣ces. One great cause of their increase is, that the Houses of Correction, which is the place of their Retreat, are no better looked unto. Your Lordships shall do a great service to the Com∣monwealth, to take care that there be stricter Course taken of the Houses of Correction, that they may be placed near unto the Gaol.

Another thing is, The excess of Ale-houses, the Nursery of Rogues; in that your Lordships shall do well to take a strict account of them in all places, for the very Number is a Crime.

In the third place, The increase of Rogues is, by reason of their not putting out of Appren∣tices; the Seed-Plot of Rogues groweth from thence; your Lordships care in this also will be very necessary.

My Lords, I have nothing more to say, your Lordships are so well versed in every thing fit to be given in Charge, that I might be silent.

I shall only conclude with one thing, which is a thing that hath been by the Lords of this Court commended to your care, upon a Cause that hath been here heard; The Court for Sheriffs of Coun∣ties, it is not at their will and pleasure, or for their own vanity and ostentation that they are to conduct you, but it is out of their Duty; and when the Discretion, and generous Disposition of any shall not teach them how to do it, it is fit for you to call them to account.

Justices of the Peace, you shall have of them that will the first day attend you for an hour or two, perhaps to save a Fine, perhaps to shew their Country they are in Commission of the Peace: Emptiness becomes not the Seat of Ju∣stice, therefore hold them to their Duty to at∣tend you all the time of the Assizes, and not to depart without your Licence.

The King our Master doth as well know Men as any Prince in the World, but it is impossible for him to know all; you are the great Surveyors of the Kingdom, for this purpose it is that all Of∣ficers and Ministers of Justice are commanded to attend you, to inform you of such as you should have knowledge of, that you may inform his Ma∣jesty of them. I have observed (while I had the Honour to be Chief Justice of the Common Pleas) that few gave their Attendance; what humour they are of that think themselves too good to serve the King, I know not, but let then know that it is in no Man's choice whether he will serve the King in the Ministry of Justice or no. Those that are backward, or have not taken it, give up the Names of them, that they may see what pu∣nishment they shall undergo.

There are some other Justices of Peace that are put in Commission, to injure their Neigh∣bours, and to domineer over them, and to car∣ry things with a Faction. But upon your inti∣mation of such Persons, the Commission shall be eased of them also.

Page 797

You have seen the Scots preparing for War, his Majesty, being not acquainted with these Passages, resolves also upon the raising of an Army, and accordingly by Commission, 14 Feb. Anno Reg∣ni 15. he appoints Algernon Earl of Northumber∣land General; and afterwards by another Com∣mission Thomas Lord Viscount Wentworth, Lord Lieutenant of Ireland, to be Lietenant General to the Earl of Northumberland, to imploy and dispose of the said Army to be raised for de∣fences, or otherwise as they should be directed by his Majesties Instructions, &c. We may well imagine the Scotch Revolters having so well pre∣pared in their former Atchievements had no less encouragement than formerly for the undertaking of another War, it fortuned that November the * 1.1 19. being the Anniversary night of the King's Birth-day, a great part of the Walls of the Ca∣stle of Edenburgh fell to the ground, with the Cannons mounted: which caused such a consterna∣tion, such an Alarm in the Castle, as if they had been undermined and surprized; but that was not all, for this casualty upon a time of so much remarque, could then receive no other constru∣ction from the Grammar of Superstition, than an ominous presage of the ruin of the King's de∣sign; especially considering that at that very same night the Scotch Commissioners returned from England to Edenburgh, so that the dilapidation seemed to import an humble prostration to the Idolized Covenant.

But the craftiest (I say not the wisest) of the Combination, would not trust to such fallacious * 1.2 conjectures; but willing to apprehend, and lay hold of any thing which offered its service to their enterprise, made a politick use thereof, and the King having appointed the Lord Estrich, Colo∣nel Ruthen, and Governour of the Castle, to take order for the re-edisication of what was lapsed, they reused to permit any materials to be carried in for reparation, which so incensed the King, as he concluded the indignity intolerable, and presently entered into deliberation how to re∣lieve himself by force under this oppression; but with whom he should consult, there lay the dif∣ficulty, the transactions of his Council must be more closely carried then heretofore, for fear of correspondency with the Covenanters; to this end a private Juncto for the Scotch Affairs, are se∣lected from his Council, and great care taken, that those Hunting Lords (as Mr. L'Estrange saith the Archbishop called them) Pembroke, Salisbury, Holland, &c. who were Commissio∣ners at the Pacification, be excluded, though Ha∣milton was retained, more dangerous, and falla∣cious than all. At this close and secret Council, Decemb. 5. it was agreed his Majesty should call a Parliament, to Assemble April the 13. The King told them he exceeding well approved of that Counsel, but withal he said, My Lords, the Par∣liament cannot suddenly convene, and the Subsidies they grant will be so long in levying, as in the interim I may be ruin'd; therefore some speedy course must be thought upon for Supplies. Whereupon the Lords told him they would engage their own credits, and the Lord Deputy of Ireland giving the on-set, subscribed for twenty thousand pounds; the other Lords had, some the same Loyal zeal, and others the modesty not to refuse. The Lords of the Council did in this example implicitely give a good example to the other Nobles, who gene∣rally conformed most cheerfully, saving some few whom singularity, or somewhat more por∣tentous, restrained.

And that the Presbyterian Party here amongst us should not be wanting to play their parts (so far as then opportunity offered) one Bagshaw a hot∣headed Lawyer of the Middle-Temple, then Reader of that House, proposing to read upon the Statute of the 28 Edw. 3. 6, 7. argued upon these (amongst others he propounded) Cases of Law. Whether a good Act of Parliament may not be made without the assent of the Lords Spiritual? Which he held Affirmatively, and though he thought he had done his Party good service here∣in in assigning his reasons, which were, That some Parliaments were held without any Bishops at all; and that divers Acts have been made when they were pre∣sent, and would not consent. And lastly, That the Bishops cannot sit in Case of Blood in Judicature; but they may sit to assist to Enact Laws, but not to give Assent for Execution of them in Case of any Blood.

Yet he herein betrayed the weakness only of the Reader, and that Party; for as to the first, there was never any Parliament to which they were not summoned, no not to that of 25 of Ed. 3. which is falsly said to have been summoned, Excluso Clero, For here they excluded themselves, and refused upon Pope Boniface's Prohibition [pro∣cured by Archbishop Winchelsey] to be present at this Parliament at St. Edmunsbury, summon'd to ap∣pear Ad ordinandum de quantitate & modo subsi∣dii memorati, Claus. 24. Ed. 1. M. 7. dorso, and to grant the King any Subsidies till they had consulted the Court of Rome, and go away every one to their own homes; notwithstanding which the King pro∣ceeds with the two other Estates and gets Subsi∣dies from them, so that the exclusion of the Cler∣gy was their own voluntary act; and as to what is said by some, that Magna Charta was confirm'd in that Parliament, will be found to be a mistake, for the King received the Archbishop and Clergy again into favour, and they sate in the Parlia∣ment, summon'd to meet In Festo Sancti Petri quod dicitur ad vincula, or Lammas-day following, which was in the year of Grace 1296. Regis Ed. 1. 25. as it is set down in our Statute Books, with which Walsingham accords, Ad annum dictum.

And as to the Second Argument, it may be granted for that the Lay-Lords might make the Majority. And to his last it is a mistake, for they have actually sate in Cases of Blood, as is lately proved in two Books, the one Entituled, The Right of the Bishops cleared, &c. and the other, The Grand Question Stated and Debated; and that if ever they sate not, it was in respect of a Popish Ca∣non now extinct; and whenever they withdrew they did it [Salvo Jure] as is notoriously known in the Parliament of the 11th of Rich. 2. but to put this matter further out of Question, after the abolishing of the Popish Canon Law, and since the Reformation they did sit on the twenty se∣cond of May, 1626. upon the Impeachment of the Earl of Bristol of High Treason, ten Bishops, ten Earls, ten Barons were appointed for Ex∣amination of the Evidence against the said Earl. Out of his second Case, this Question was started, Whether any Beneficed Clerk was capable of Temporal Jurisdiction at the time of making that Law. And for answer hereunto, if he meant by a Beneficed Clerk, a person in Holy Orders, it is most certain they were, for that many of the Bishops long before that time were the Kings Ju∣stitiaries, that the Bishops sate with the Earl in the Saxons times, in the County Courts where capital Causes were tried, as appears by the Laws of King Edward, as they were set forth by Hen. 2.

Page 798

c. 31. and that the Friends of one Hamel suppli∣cated to one of Earl Godwines sons, then Earl of Northumberland, N capite plecteretur, as may be seen in M. S. life of St. Cuthbert. And thus much of the Cases proposed to be debated by that Reader.

About this time the Council received a Letter from Sir Coistopher Yelverton, High Sheriff of the County of Northampton, and in it was enclosed a Presentment of the Grand Jury of that County of Ship-money as a Grievance, the matter being debated, it was referred to the Attorney-Gene∣ral, and the Sollicitor, who gave their Opinions of the matter to the Board, representing the High Sheriffs miscarriage in that matter, where∣upon by Order of Council, he received a Re∣primand, commanding him forthwith to do his duty, or that if his Majestics Service should suffer herein by his neglect, there would be quick and exemplary reparation required from him, &c.

And now at last we come to give our Reader some account of the proceedings of the Scotch Commissioners at White-hall, who were so Male∣part as to refuse audience from the Council or any Members of it, though deputed by his Maje∣sty, for that they said they were sent by the Parlia∣ment of Scotland, and were to own no other Ju∣dicatory, save that of his Majesty in his own Per∣son. Hereupon his Majesty puts off his Journey to Hampton-Court, and would hear them himself, when the following Speech was made to his Ma∣jesty by the Lord Lowdon.

SIR,

AS we did shew in that humble Remonstrance which we gave to your Majesty in Writ, That no earthly Thing could be more grievous to your Majesties Subjects, convened by your Royal Authority in the Parliament of Scotland, than that their Loyalty should be call'd in questi∣on, or any such hard Impressions should be given against their Proceedings, as might derogate from that high estimation which they have of Soveraignty, and the tender respect they carry to your Majesties inviolable Authority: So do we acknowledge your Majesties Goodness and Justice, in keeping one Ear for us against all Suggestions and Obloquies, till the Reasons of our Proceedings and Demands were made known from our selves; And that your Majesty is graciously pleased to grant us this favour, of a full and publick Hearing. But because the Parliament of that your Majesties Ancient and Native Kingdom, is Independent, and not ac∣countable to any other Judicature, we hope your Majesty will pardon, and allow us to de∣cline to speak, or answer before any of your Majesties Council, or other Judicatures what∣soever, as those who have not any Power to Judge of the Laws, Actions, or Proceedings of the Parliament of that Kingdom. And as we acknowledge your Majesties savour in al∣lowing us to tender the Liberties and Freedom of your Majesties Ancient and Native Kingdom; so are we glad, before all the World to clear the loyalty and lawfulness of their Proceedings, and do congratulate that your Majesty hath In∣dicted a Parliament here, which we hope will advert to the good of Religion, your Majesties Honour, and Peace of your Dominions: Al∣eit they be not Judges to determine of our Actions, (which are such, as 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 Ma∣jesties Justice): But because we hear that your Majesties good Subjects are traduced, as having intention to diminish your Majesties Authority, and shake off that civil and dutiful Obedience due to Soveraignty: Therefore before we de∣scend to the Particular Actions and Articles of the Parliament, for vindicating us from so grie∣vous and foul an Imputation, we do in our Name, and in the Name of the Parliament that sent us, declare before God and the World, That we never had nor have any such thought of withdrawing our selves from that humble and dutiful Subjection and Obedience to your Ma∣jesty and your Government, which by the Des∣cent and Raign of so many Kings is due to your Majesty; and never had nor have any in∣tent or desire to attempt any thing that may tend to the diminishing of your Majesties Princely Power; but on the contrary, we acknowledge our Quietness, Stability, and Happiness, to de∣pend upon the safety of your Majesties 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 Majesties Per∣son and Authority in the preservation and de∣fence of Religion, Liberties, and Laws of the Kirk and Kingdom; but also in every Cause which may concern your Majesties Honour, shall according to the Laws of the Kingdom, and duty of good Subjects, concur with our Friends, in quiet manner, or in Arms, as we shall be re∣quired. But if any be so wicked, as to seek oc∣casion to divide detwixt your Majesty and your Kingdom, and for their own ends go about to prostitute the purity of Religion, and the Li∣berties and Laws of that your Majesties Anci∣ent and Native Kingdom; we can give them no other character, but that which your Majesties 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 so deplorable, as they may get the shadow of your Majesties Authori∣ty, (as we hope in God they will not) to pal∣liate their ends, then as those, 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 owe to our Country, and that Charge which is laid upon us, any thing hath escaped us, since it is spoken from the sincerity of our Hearts, we fall down at your Majesties feet, humbly craving pardon for our freedom.

Having thus, with your Majesties permission, cleared the Loyalty of your Subjects, that we may next shew the reason of their Demands, and equity of their Proceeding in Parliament, we do first crave, That if our Answers cannot give plenary satisfaction to the Objections and Ex∣ceptions that shall be made against their Proceed∣ings, that our not knowing of those Objections (albeit we did often require your Majesties Com∣missioner to shew 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 also still kept from us,) may serve much for our excuse. And if

Page 799

any the Propositions and Articles sought and craved in Parliament, shall seem harsh at the first view to such as know not our Laws, that we do expect from them the Judgment of Charity, who ought (rather than to pass a rash Censure upon us) to profess Ignorantiam juris & facti alieni; and that they would distinguish betwixt the Desires and Actions of a Parliament, who (be∣ing convened by Royal Authority, and honoured with your Majesties or your Commissioner's presence,) are makers of Laws, 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 necessary for establishing of Religion, and the Good and Peace of the Kingdom, which can never op∣pugne the King's Honour, and are agreeable to the Articles of Pacification; so in like manner they are agreeable to the Laws and Practices of that Kingdom.

And to descend more specially; all the Arti∣cles given in are either such as concern private Subjects, such as are for Manufactures, Mer∣chants Trading, and others of that kind; which do not so much concern your Majesty, or the Publick, as the Interest of private Men, which are but minima, & de minimis non curat Lex: Or they are Publick Acts, which do concern the Religion and Liberties of the Kirk and King∣dom; as the Ratifying of the Conclusions of the Assembly, the Act of Constitution of Parliaments, the Act of Recision, the Act against Popery, and others of that kind. Wherein, because the eyes of the World were upon them, and that hard Constructions have been made of their proceedings, and that Malice is prompted for her Obloquies, and waiteth on with open mouth to snatch at the smallest shadow of dis∣respect to your Majesty, that our Proceedings may be made odious to such as know them not, we have endeavoured to walk with that tender∣ness which becometh dutiful Subjects, who are desirous to limit themselves according to Rea∣son and the Rule of Law.

For the 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 Majesties Father of ever blessed memory affirms, holding that Maxim, that Sa∣lus Populi est suprema Lex,) will be content to govern their Subjects according to the Law of God, and fundamntal Laws of their Kingdom.

Next we must distinguish betwixt the Kirk and State, betwixt the Ecclesiastick and Civil Power, both which are matarially one, yet for∣mally they are contra-distinct in Power, Juris∣diction, Laws, Bodies, Ends, Offices, and in Officers. And albeit the Kirk and Ecclesia∣stick Assemblies thereof, be formally different and contra-distinct from the Parliament, and Civil Judicatories; yet there is so strict and ne∣cessary conjunction betwixt the Ecclesiastick and Civil Jurisdiction, betwixt Religion and Justice, as the one cannot firmly subsist and be preserv'd without the other; and therefore like Hippocra∣tes's Twins, they must stand and fall, live and die together. Which made us all in our Petiti∣ons to your Majesty, who is Custos utriusque Ta∣bulae, to crave, that as Matters Ecclesiastical be determined by the General and other Aslemblies of the Kirk, and Matters Civil by Parliament; so specially to crave, that the Sanction of the Civil Law should be added to the Ecclesiastical Conclusions and Constitutions of the Kirk and her Assemblies, lest there should be any repug∣nancy betwixt the Ecclesiastical and Civil Laws, which your Majesty did graciously condescend unto. And your Majesties Commissioner repre∣senting your Majesties Royal Power and Person, in the General Assembly, wherein the whole Congregations and Parishes in Scotland are re∣presented, upon diligent enquiry, finding that all those Evils which troubled the Kirk and Kingdom, proceeded from the Prelates, con∣sented that Episcopacy be removed out of the Kirk of Scotland, and declared, that all Civil Places of Kirk-men to be unlawful in that King∣dom; and having ratisied the Covenant, ordain∣ing all the Subjects to subscribe the same, with the General Assemblies Explanation in that sence. And being also obliged to ratisie the Conclusi∣ons of the Assembly in Parliament, it doth ne∣cessarily follow, that Bishops who usurped to be the Kirk, and in the name of the Kirk, did re∣present the third Estate; and that all Abbots, Priors, and others, who either did or do claim to represent the Kirk, be taken away. Which also by necessary consequence doth infer, that there must be an Act of Constitution of the Par∣liament without them, and an Act for repealing the former Laws, whereby the Kirk being de∣clared the third Estate, and Bishops to repre¦sent the Kirk; both which the Kirk hath now renounced and condemned. So that unless the Act of Constitution of the Parliament, and Act of Recissory pass, it is impossible either to have a valid Parliament, or to ratisie the Conclusion▪ of the Assembly, which your Majesty hath gra∣ciously promised to perform, and which your Subjects are obliged to maintain.

And seeing your Majesties Subjects have no other ends, but such as may serve for establish∣ing of Religion, and Peace of the Kingdom, and are agreeable to the fundamental Laws there∣of, and to the Articles of Pacification; and that the Parliament is the only lawful means to remedy our Evils, remove our Distractions, and settle a solid and perfect Peace. The sum of your Subjects desire is, That your Majesty may be graciously pleased to command the Parlia∣ment to proceed freely in those Articles given in to them, and to determine them. And what∣soever Objections or Informations are made against any of the particular Overtures, Arti∣cles, or Proceedings of the Parliament▪ we are most willing and desirous, according to your Majesties Commandment, for avoiding conte∣station about words, to receive the same in writ; and are content in the same way to return our Answers, and humble Desires.

This Speech of the Lord Lowdon's containing the purport of the Scots demands, and the Argu∣ments and Debates thereon depending, were ful∣ly Answered by his Majesty and Council; so that we will not relate them here at lage, but shall r∣fer our Reader, for his full satisfaction, to the ac∣count hereof given by his Majesties Declaration in Council, the Date whereof followeth:

Notes

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