15 July 1641

[Copy of the Earl of Traquair's submission]

The trew coppie of the Earle of Traquairis submissione to the parliament of Scotland, the principal subscryved be Traquair himselff hes beine seine be the commissioners heir and is reserved be his majestie to answer be returned

I, Johne, earle of Traquair, doe declaire and profes that as it is the dewtie of ewerie good subject and patriote to desire and endevour that ther may be a right understanding betuixt the king and his people, so am I infinitlie sorrowfull and unfainedlie greaved that my misfortune and unhappines should be suche as that any of my relatiounes or actiounes or any thing cumeing from me should have given any caus to the contrair, or of any discontent to the parliament of Scotland, for whiche in all humilitie I deprecate ther favour. And to testifie my grieff and unfained sorrow for that which hes past, and the trew and sincere sence which I have of the dewtie and obligatione I owe to the parliament of my native countrie, and that the world may see the value and esteime I putt upoun ther favour and love, I trewlie professe and attest God, who is the searcher of all hairttis, that nather lyff nor anie worldlie thing is or shall be longer pleasing unto me then I may enjoy the same with his majestie favor and good will of my countrie. And alsoe to witnes how unwilling I am to give any caus or to be any occasioune of discontent or jealousie betuixt the king and the parliament, I doe by thease frilie submitt my selff to his majestie and the parliament to be disposed upoun at his majesties and ther pleasour, and doe humblie crave that it may please his majestie and the parliament that I may reteare my selff from court and all publict imploymentis in the state, and noe more repaire to court nor medle with the imploymentis of state, wnles the king and parliament shall call me furthe to mak use of my service in any thing I can doe, to whois commandis I shall ever pay all dewtifull and humble obedience. Sic subscribitur:

Traquaire, Haigate, July 9 1641

At Edinburgh, 14 July 1641

This copy was produced be the Lord Lowdown in presens of the comittie and ane number of noblemen, members of parliament, comissionars of schyres and borrowis.

Burghly, I[n] p[raesentia] d[ominorum]

15 Julii 1641

Producit be the Lord Lowdoune and red in the face of parliament.

  1. NAS, PA6/3, 'July 15 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/3, 'July 15 1641'. Back
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  9. NAS, PA6/3, 'July 15 1641'. Back
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[Declaration of the Earl of Traquair against the deposition of Captain Stewart]

The Earle of Traquairis earnest desine, signed be himselff, that the parliament of the kingdome of Scotland will be pleased to bring him to his tryell for whatt Capitane Stewartis depositiones may seime to concerne him, which his majestie desyres may be red to the committies and to the parliament.

It is a great misfortune and unhappines for me that I can not conveniently be at this meating of the parliament of Scotland, befor quhom (as thes quhois judgement I sall most willinglie submit my self unto) I might clear the truethe of all that hes past betuixt Captain Stewart and me. In consideratione quhairof, and of that deutie I owe to the parliament, quho (as I hear) have taken particular notice of his depositiones, and that his folleis or knaverie may nather wrong my innocencie nor the treuthe, I doe by thes declair that I hade no negociatione with him concerning publik busines, but suche as was fitting for ane quho hade suorne and subscryved the confession and covenant of Scotland. And this and all that was heirin betuixt him and me was upon suche generals as I sall be glade and by thes I doe most hartilie and freilie offer my self to the tryall and censure of the parliament of Scotland for any thing past betuixt him and me. And if in any thing I sall be fund to have desborded, ather from the deutie of a gud Cristian and one quho hade subscryved the covenant, or if therin it sall appear that I have done any thing that may appear factious or contrair to gud of the happie conclusion of this treatie of peace, lat my censure be [...] upon me accordinglie. As for thes informationes he brought [...] first be word and therefter be writ against the Earle of Argyll, they ware from himselff without ather procurment or forknawledge of myn, never intertained be me nor thought I them considerable, as my answer both to his verball and writtin informatione, and quich I am vire confident he can not deny, will clearlie evince. Leikas I nevir did soe muche as tak notice therof to king or subject.

Quhat his or his complices (if any he hade) their plot was against the Marquis of Hamiltone I knaw not. I and diverse uthers have hard him espres foolische and impertinent speaches of the marques and uthers, but nothing in particulare of him nor any uther, and for quhich he was cheked be me and uthers to quhom he keiped the leik discourses.

It is not for me to descend to particulairs or at this distance to offer any thing to the consideratione of the parliament, quich be undenyable circumstances will mak the treuthe and ingenuitie of my cariage heirin appear, and will mak him appear ather a verie vaek bussie body or a verie great and malicious knave, one or uther of quich I sall most clearlie evince (if his informationes and depositiones be suche as I am made to beleive). In the mean tym, my humble and earnest sute to the parliament of Scotland is that upon quhat comes from him I suffer no farder prejudice in ther gud opiniones, since for ther satisfaction and clearing of the treuthe I am most willing and desyrous to cum to a tryall and to submit myself therin to quhat they sall find to have bein demerited be the cariadge of ther most humble servand.

Traquaire

15 Julii 1641

Producit be the Lord Lowdoune and red in face of parliament.

  1. NAS, PA6/3, 'July 15 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/3, 'July 15 1641'. Back
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  9. NAS, PA6/3, 'July 15 1641'. Back
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[Supplication of the Earl of Glencairn regarding his precedency in parliament and deliverance thereupon]

Lord Glencairn, his supplicatioun and delyverance thairupon

Unto the honorable memberis and estaits of the soverane court of parliament of this kingdome now convenit, humblie menis and schawis Williame, erle of Glencairne etc., that quhan out of my affectioun to the advancement of the publict wark now in hand and out of my ernest desyre to contribute my best indevoris for setling of the happie peace long wissit for and now expectit in this kingdome, and in obedience of the lettres and ernest desyre of the comittie of the estaits of parliament requyring my presence at this present dyet of the said parliament, I am now cum heir to attend the parliament and to doe that dewtie and to witnes that affectioun to the advancement of all our viset ends as becumes a guid patriat and trew cuntrieman. Bot in the dischargeing and acting of my dewtie and place (as haveing the honour to be ane noble man and member of parliament) I doe forsie that I am to incounter with sum difficultie and scroppell anent my place and dignitie in parliament in sua far as be ane pretendit decreit gevin againes umquhile James, erle of Glencairne, my guidsir: in anno 1606, be warrand of ane commissioun from his majestie for ranking of the haill nobilitie of this kingdome, my said umquhile guidsir wes alledgit postponit in place of dignitie and voce of parliament the erles of Cathnes, Montrois, Eglingtoun and Cassels, quha, haveing taikin advantage be the absence of my said guidsir, did obtene preference as said is, howbeit I and my predicessours be indoutitlie prior to thame in richt and place of dignitie as I am liable presentlie to certifie. Lykas be the forsaid decreit it is expreslie provydit that gif any nobleman be thairby prejudgit and postponed in thair just place of dignitie, they salbe hard to seik redress and to be restorit againes the samyne decreit. And accordinglie my said umquhile guidsir, upoun prioritie of richt and tytle, did obtene reductioun of the said former decreit, quhilk decreit reductive wes thairefter reduceit at the instance of the Erle of Eglingtoun in anno 1617 ex hoc allanerlie, that the saidis Erles of Cathnes and Montrois wer not callit thairto, quhilk wes onlie ane meir defect of formalities without ony farder ground, so that undoutitlie the prioritie of place, voce and dignitie doeth justlie pertene to me. Nather can I guidlie without prejudice of my place and dignitie appeir, sit, voce or ryd in parliament unles your lordis tak the samyne to your consideratioune as the onlie proper and most competent judges thairto, and efter consideratioun of my richtis and tytle, to ordene me to be restoirit and reponit in integrum againes the saids decreits. And as it sall be one greit discontentment to me to be absente or deficient frome the present work in hand, so I can not guidlie in honour doe any voluntar act quhilk may wrong my place and dignitie forsaid, heirfoir I humblie desyre your lordis to tak the said mater togidder with my forsaids tytles to the forsaid dignitie to your serious consideratioune, and to appoynt and decerne to me my just and richt place, voce and dignitie in parliament according to my tytles, quhilk I sall presentlie instruct, or uthirwayis that your lordis will be pleisit to tak such uthir course in the said mater as the present greit effairs now depending be not interruptit, nor I wrongit nor prejudgit in my place and dignitie foirsaid, that I may saiflie joyne with the rest of the memberis of parliament without prejudice as said is. And your lordis answer.

Apud Edinburgh, 15 July 1641

In parliamento

The estaittis of parliament, haifing takin the desyre of this bill to thair consideratioune, findis and declairs that Williame, erle of Glencairne, his sitting and voyting in parliament at this tyme, shall nowayis be prejudiciall to him in the right of his place whensoever he shall intend persute for the same befoir any judge competent. And siclyke that this answer or reference shall not in any sort prejudge these other noblemen or any of thame in thair richtis or possession and just defensis of the same, as accordis of the law.

Red, voitted and passed in parliament.

Burghley, I[n] p[raesentia] d[ominorum] parliamenti

  1. NAS, PA6/3, 'July 15 1641'. Back
  2. This clause is written on the rear of the document. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/3, 'July 15 1641'. Back
  5. This clause is written on the rear of the document. Back
  6. Page damaged. Back
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  9. NAS, PA6/3, 'July 15 1641'. Back
  10. This clause is written on the rear of the document. Back
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