Thus you have Our Pleasure fully signified in every particular of your Letter, which you will find no ways contrary to Our Resolution taken at Berwick, and Our Instructions given to you there. But if the Madness of Our Subjects be such, that they will not rest satisfied with what We have given you Power and Authority to condescend to, which notwithstanding all their Insolencies We shall allow you to make good to them, We take God to witness, that what Misery soever shall fall to that Country hereafter, it is no fault of Ours, but their own procurement. And hereupon We do command you, that if you cannot compose this Business according to Our Instructions, and what We have now written, that you prorogue the Parliament till the next Spring; and that you think upon some course how you may make publickly known to all Our Subjects, what We had given you Power to condescend to. And because it is not improbable that this way may produce a present Rupture, you are to warn and assist Ruthven for the defence of the Castle of Edinburgh, and to take in general the like care of all Our Houses and Forts in that Kingdom; and likewise to advertise all such who are affected to Our Service, that timously they may secure themselves. And so We bid you heartily farewell.
1639.—August [10, 12,] 30.
66. Declarations by Traquair as Commissioner.[229]
At a Sederunt of the Privy Council, on 10th August 1639, a Letter from the King (dated 6th) was produced and recorded, intimating the appointment of Traquair as Commissioner to the Assembly and Parliament, in which his Majesty required their Lordships “not onlie to attend at the said Assemblie and Parliament, but to concurre and assist our said Commissioner in ewerie thing may concerne our service, as he sall requyre yow, or communicat with yow frome time to time;” and they, “in all humble obedience, promist to attend at the said Assemblie and Parliament, and to concurre with the said Lord Commissioners Grace in ewerie thing conforme to his Majesties said Letter.” On the 12th of August, his Lordship appeared at another Sederunt of Council, and produced his commission. And, on the 30th of that month, at another sederunt, the Earl of Rothes, and others, as commissioners, appeared in the Council, and gave in a petition and declaration relative to the subscription of the Confession and Covenant, and bearing that the Council would interpone its authority, which was done accordingly. Immediately after, of the same date, there is the following Minute, which we transcribe from the register as important, inasmuch as there is a marginal note adjoined to it in the following terms:—“Decimo tertio Augusti, 1641. Delatt at Command, and in pretence of the Estaittis of Parliament.” These minutes are essential to the full understanding of the position in which all parties stood at the close of this Assembly, previously to the meeting of Parliament, after various prorogations, in the autumn of 1639.
And sicklyke the forsaid day, the Lord Commissioner desyred of the Lords of Privie Counsell, that the severall declarations made and emitted be him, in the Generall Assemblie, might be insert and registrat in the Books of Privie Counsell, therein to remain ad futuram rei memoriam; quhilk desyre the saidis Lordis fand reasonable, and have ordaint and ordainis the saids declarations to be insert and registrat in the Books of Privie Counsell, quherof the tenor followis:—
I, Johne Earle of Traquaire, His Majesties Commissioner in this present Assemblie, Doe, in his Majesties name, Declare, That notwithstanding of his Majesties owne inclination, and manie other grave and weightie reasons moveing him, zit suche is his incomparable goodnes towardes his subjectis of this Kingdome, that for giveing satisfaction to his people, and for queting of the present distractions, He doth consent that the Five Articles of Perth, the Government of the Kirk by Bishops, Civill Places and power of Kirkmen, be declared unlawfull within this Kirk, as contrare to the constitutions thereof.
And I doe alwayes hereby declare, that the practice of the premiss, prohibit within this Kirk and Kingdome, sall neither bind nor inferre censure agains the practisers outwith the Kingdome. And farder, declare that the word occasional, in the end of the Act of the date the 17ᵗʰ of this instant, wes not in the draught agreed upon with me in presence of the Counsell, but was thereafter addit in the Assemblie, without my knowledge or consent. Farther, I declare, whatever is allowed be me in this Assemblie, is meirlie and onelie as ane Act of this Assemblie, without anie respect or relation to the last pretendit Assemblie at Glasgow.
And becaus that manie things have occurred in the present Assemblie which may concerne Patronages belonging either to the Crowne, Bishopricks, or others his Majesties good subjects, as also by finding Civill Places and power of Kirkmen unlawfull, his Majestie may be prejudgit in Parliament, and least heirby or by anie other act, civill power and auctoritie may be wronged by my weaknes, or not tymelie animadverting thereto, I declare and protest that his Majestie may be hard for redresse in its owne tyme and place.
And I declare lykewayes, that whatever Commission and Commissions are direct frome the Assemblie, whiche may import or occasion anie other meetings or conventions of the subjects then the ordinarie meetings of Kirk Sessions, Presbiteries, Synods, and suche as are allowed be the Lawis of this Kingdome, that the same is null and of no effect, and altogether disassented to by me.