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The true copy of [John Stewart], earl of Traquair's submission to the parliament of Scotland, the principal subscribed by Traquair himself has been seen by the commissioners here and is reserved by his majesty to answer be returned†
I, John, earl of Traquair, do declare and profess that as it is the duty of every good subject and patriot to desire and endeavour that there may be a right understanding between the king and his people, so am I infinitely sorrowful and unfeignedly grieved that my misfortune and unhappiness should be such as that any of my relations or actions or any thing coming from me should have given any cause to the contrary, or of any discontent to the parliament of Scotland, for which in all humility I deprecate their favour. And to testify my grief and unfeigned sorrow for that which has past, and the true and sincere sense which I have of the duty and obligation I owe to the parliament of my native country, and that the world may see the value and esteem I put upon their favour and love, I truly profess and attest God, who is the searcher of all hearts, that neither life nor any worldly thing is or shall be longer pleasing to me than I may enjoy the same with his majesty's favour and goodwill of my country. And also to witness how unwilling I am to give any cause or to be any occasion of discontent or jealousy between the king and the parliament, I do by these freely submit myself to his majesty and the parliament to be disposed upon at his majesty's and their pleasure, and do humbly crave that it may please his majesty and the parliament that I may retire myself from court and all public employments in the state, and no more repair to court nor meddle with the employments of state, unless the king and parliament shall call me forth to make use of my service in anything I can do, to whose commands I shall ever pay all dutiful and humble obedience. It is thus subscribed:
Traquair, Highgate, July 9 1641
At Edinburgh, 14 July 1641
This copy was produced by [John Campbell], lord Loudoun in presence of the committee and a number of noblemen, members of parliament, commissioners of shires and burghs.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament
15 July 1641
Produced by the Lord Loudoun and read in the face of parliament.†
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[John Stewart], earl of Traquair's earnest design, signed by himself, that the parliament of the kingdom of Scotland will be pleased to bring him to his trial for what Captain [William] Stewart's depositions may seem to concern him, which his majesty desires may be read to the committees and to the parliament.†
It is a great misfortune and unhappiness for me that I cannot conveniently be at this meeting of the parliament of Scotland, before whom (as those whose judgement I shall most willingly submit myself to) I might clear the truth of all that has passed between Captain Stewart and me. In consideration whereof, and of that duty I owe to the parliament, which (as I hear) has taken particular notice of his depositions, and that his follies or knavery may neither wrong my innocency nor the truth, I do by these declare that I had no negotiation with him concerning public business, but such as was fitting for one who had sworn and subscribed the confession and covenant of Scotland. And this and all that was herein between him and me was upon such generals as I shall be glad and by these I do most heartily and freely offer myself to the trial and censure of the parliament of Scotland for anything passed between him and me. And if in anything I shall be found to have exceeded proper grounds, either from the duty of a good Christian and one who had subscribed the covenant, or if therein it shall appear that I have done anything that may appear factious or contrary to good of the happy conclusion of this treaty of peace, let my censure be [...]† upon me accordingly. As for these informations he brought [...]† first by word and thereafter by writing against [Archibald Campbell], earl of Argyll, they were from himself without either procurement or foreknowledge of mine, never entertained by me nor thought I them considerable, as my answer both to his verbal and written information, and which I am very confident he cannot deny, will clearly evince. Likewise I never did so much as take notice thereof to king or subject.
What his or his accomplices (if any he had) their plot was against [James Hamilton], marquis of Hamilton I know not. I and diverse others have heard him express foolish and impertinent speeches of the marquis and others, but nothing in particular of him nor any other, and for which he was checked by me and others to whom he kept the like discourses.
It is not for me to descend to particulars or at this distance to offer anything to the consideration of the parliament, which by undeniable circumstances will make the truth and ingenuity of my carriage herein appear, and will make him appear either a very weak busy-body or a very great and malicious knave, one or other of which I shall most clearly evince (if his informations and depositions be such as I am made to believe). In the meantime, my humble and earnest suit to the parliament of Scotland is that upon what comes from him I suffer no further prejudice in their good opinions, since for their satisfaction and clearing of the truth I am most willing and desirous to come to a trial and to submit myself therein to what they shall find to have been demerited by the carriage of their most humble servant.
Traquair
15 July 1641
Produced by [John Campbell], lord Loudoun and read in face of parliament.†
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[William Cunningham, earl of] Glencairn, his supplication and deliverance thereupon†
To the honourable members and estates of the sovereign court of parliament of this kingdom now convened, humbly means and shows William, earl of Glencairn etc., that when out of my affection to the advancement of the public work now in hand and out of my earnest desire to contribute my best endeavours for settling of the happy peace long wished for and now expected in this kingdom, and in obedience of the letters and earnest desire of the committee of the estates of parliament requiring my presence at this present diet of the said parliament, I am now come here to attend the parliament and to do that duty and to witness that affection to the advancement of all our accustomed ends as becomes a good patriot and true countryman. But in the discharging and acting of my duty and place (as having the honour to be a nobleman and member of parliament) I do foresee that I am to encounter with some difficulty and scruple regarding my place and dignity in parliament in so far as by a pretended decreet given against the late James [Cunningham], earl of Glencairn, my grandfather: in 1606, by warrant of a commission from his majesty for ranking of the whole nobility of this kingdom, my said late grandfather was allegedly postponed in place of dignity and voice of parliament to [George Sinclair], earl of Caithness, [John Graham, earl of] Montrose, [Hugh Montgomery, earl of] Eglinton and [John Kennedy, earl of] Cassilis, who, having taken advantage by the absence of my said grandfather, did obtain preference as said is, albeit I and my predecessors be undoubtedly prior to them in right and place of dignity as I am liable presently to certify. Likewise by the foresaid decreet it is expressly provided that if any nobleman be thereby prejudiced and postponed in their just place of dignity, they shall be heard to seek redress and to be restored against the same decreet. And accordingly my said late grandfather, upon priority of right and title, did obtain reduction of the said former decreet, which decreet reductive was thereafter reduced at the instance of [Alexander Montgomery], earl of Eglinton in 1617 from this only, that the said Earls of Caithness and Montrose were not called thereto, which was only one more defect of formalities without any further ground, so that undoubtedly the priority of place, voice and dignity does justly pertain to me. Neither can I goodly without prejudice of my place and dignity appear, sit, voice or ride in parliament unless your lords take the same to your consideration as the only proper and most competent judges thereto, and after consideration of my rights and title, to ordain me to be restored and returned fully against the said decreets. And as it shall be one great discontentment to me to be absent or deficient from the present work in hand, so I can not goodly in honour do any voluntary act which may wrong my place and dignity foresaid, therefore I humbly desire your lords to take the said matter together with my foresaid titles to the foresaid dignity to your serious consideration, and to appoint and determine to me my just and right place, voice and dignity in parliament according to my titles, which I shall presently instruct, or otherwise that your lords will be pleased to take such other course in the said matter as the present great affairs now depending be not interrupted, nor I wronged nor prejudiced in my place and dignity foresaid, that I may safely join with the rest of the members of parliament without prejudice as said is. And your lords' answer.
At Edinburgh, 15 July 1641
In parliament
The estates of parliament, having taken the desire of this bill to their consideration, find and declare that William, earl of Glencairn, his sitting and voting in parliament at this time, shall in no way be prejudicial to him in the right of his place whensoever he shall intend pursuit for the same before any judge competent. And also that this answer or reference shall not in any sort prejudice those other noblemen or any of them in their rights or possession and just defences of the same, according to the law.†
Read, voted and passed in parliament.
[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament