[1640/6/61]¹

Act 43

Ordaining the whole subjects and lieges of this kingdom to obey, maintain and defend the conclusions, acts and constitutions of this present session of parliament, and to subscribe the bond appointed for that effect

In the parliament held at Edinburgh, 11² June 1640, the estates of parliament, presently convened by his majesty's special authority, considering that whereas after many petitions and supplications given in and presented to his majesty and the lords of his secret council by diverse of the nobility, barons and burgesses of this kingdom for granting a free general assembly and parliament, for reforming of many great abuses and novations tending to the overthrow of the true religion and undoing of this kirk and kingdom, devised and brought in by the late pretended bishops, who by their subtle practices during his majesty's absence these many years had engrossed in their persons all the ecclesiastic and civil power of this his majesty's ancient and native kingdom, it was granted by his majesty out of his royal justice and accorded by the articles of pacification made at his majesty's camp in the month of June 1639 that a free general assembly and parliament should be indicted by his majesty, and that all matters ecclesiastical should be determined by the assemblies of the kirk, and matters civil by parliaments and other inferior judicatories established by law, and that according thereto his majesty did indict an assembly to be held at Edinburgh on 12 August, and a parliament for ratifying the conclusions of the same assembly and setting down such other things as might conduce to the peace and good of the kingdom, to be held at Edinburgh on 26 August, in the which assembly the matters concerning the purity of the true reformed religion and peace of this kirk, after great debate, delays and protracting of time made by John [Stewart], earl of Traquair, his majesty's commissioner, being at length concluded upon the [...] day of August 1639, the parliament sitting down immediately thereafter upon 30 August, the ratifications of the conclusions of the same assembly and many other matters of great importance conducing necessarily to the settling of the peace of this kingdom being proposed in parliament were likewise shifted and delayed, and the closing of the parliament protracted from time to time to [14] November past, at the which time the said John, earl of Traquair did take upon him, without consent of the estates, to prorogate the foresaid parliament to 2 June instant, not only contrary to the articles of pacification but also to the prejudice of the liberties of the parliament, for preservation whereof the said estates were forced to make a declaration in parliament against the same. And that albeit since the said [14] November to this time the said estates have used all possible means to give his majesty full satisfaction both by their peaceable carriage at home and by sending their commissioners to acquaint his majesty with all their just desires and the reasons thereof, yet they have not only received no answer but, upon the contrary, their proceedings in the said parliament, being untruly related by the said John, earl of Traquair, have been condemned as rebellious without hearing and our commissioners sent for clearing thereof are restrained in private houses for a long time, and John [Campbell], lord Loudoun being one of them committed to the tower where he is still detained in prison. The castles of Edinburgh and Dumbarton have in the meantime been fortified and provided with all sort of ammunition in great abundance and garrisons of soldiers (not being natives of this kingdom) put therein, the garrison in the castle of Edinburgh daily killing diverse of the inhabitants of this city and spoiling their houses with muskets and great ordinance, all ships belonging to this kingdom arrested in England and Ireland, and many of them coming from other places laid wait for and taken by the way, their owners and passengers spoiled of their goods and apparel, laid in the irons and barbarously abused, a commission granted to the general of the English forces by sea and land to kill, destroy and subdue this whole nation, a printed declaration put forth denouncing war against it persuading, exerting and provoking the other two kingdoms to grant subsidies and take arms against the inhabitants of this kingdom as traitors and rebels, and the parliament of Ireland has proceeded so far as to declare them to be such, all which they have hitherto endured patiently and thereby given an evident demonstration to the world of the loyalty of their affections to their sovereign, which no extremity shall ever make them forget. And now being pressed by the present exigency of the estate of this kingdom and bound by the necessity of that they owe to themselves and their posterity to provide for the safety of the common good and their own and timeously to prevent the utter ruin of this nation, which can no longer subsist under so great a burden, that time being come which was appointed to the which the parliament was prorogated and no advertisement come from his majesty to them regarding any course to be taken for remedying of the great disorders, they, being the great council of the kingdom, could not be altogether so forgetful of themselves and deficient to their country as to suffer this parliament, which they had so often petitioned from his majesty, which was conditioned and accorded by said articles of pacification and indicted by his majesty's authority, to be deserted and expired without any conclusion to the good of the common welfare in so great extremity, but rather thought themselves bound in conscience and duty to proceed to the determination of such matters as are necessary for the establishing of the peace of this kirk and kingdom as being the express and special ends of all their supplications and agreeable to the said articles of pacification, without infringing in any way on sovereignty or derogating in any sort from his majesty's royal authority, but on the contrary only looking first on the constitutions of the assembly passed in presence of his majesty's commissioner and the necessary consequences thereof, and then providing remedies for the present evils of the kingdom by removing the cause and establishing necessary conclusions for preventing the like hereafter. In doing whereof, as they have proceeded uprightly in the way of justice and with all due reverence and regard to his majesty's authority, and thereby have stopped the mouths of their adversaries, so they rest assured that his majesty, after due examination of their proceedings, finding the same agreeable to the fundamental laws and customs of this his ancient and native kingdom, and in no way repugnant to monarchical government, will out of his royal justice and goodness give his full consent thereto and thereby totally remove and extinguish all ground and occasion of controversies against his faithful and loving subjects, restore this kingdom to a perfect and solid peace, which they pray the Lord to put in his majesty's royal heart, that he may long and prosperously reign over them. And on the other part, considering from bygone experience how malicious and diligent their adversaries will be to calumniate these their proceedings and by their suggestions to the king's majesty and to the lieges to kindle and entertain factions and divisions relating thereto, and how necessary it is for the safety and peace of this kirk and kingdom that the members of both do unanimously with heart and hand testify by their subscription their resolution and obligation to acknowledge this parliament so often desired by their petitions and supplications and convened by his majesty's solemn indiction, according to the articles of pacification, to be a free, lawful and necessary parliament and to obey, observe and maintain the same for themselves, constantly and faithfully, and to the utmost of their power to join and concur in their several stations and callings with others to advance, further and assist the execution, obedience and observing of the acts and constitutions of this present parliament as the most fit and necessary remedies of the bygone and present evils and distractions of this kirk and kingdom and for preservation of the religion, laws and liberties thereof, and of his majesty's authority, and that in the first parliament which shall be held hereafter within this kingdom, and at all other occasions against any opposition whatsoever, except in so far as hereafter shall be thought fit and expedient by the common advice and consent of the estates. They have ordained and ordain the bond underwritten to be subscribed by all the members of parliament, present and absent, and by all noblemen, barons, burgesses and all other subjects and inhabitants of the kingdom in their shires and burghs, as they shall be directed by the commissioners of parliament left at Edinburgh, and to be reported to the clerk between now and 1 September next; with certification to such as refuse or postpone and delay to subscribe, the same shall be held as enemies and opposites to the common cause consisting in the maintenance of the true reformed religion and of the laws and liberties of this kingdom and his majesty's authority.

We noblemen, barons, burgesses and other under-subscribers, considering how necessary it is to establish our union in the preservation and maintenance of the religion, laws and liberties of this kingdom and of his majesty's authority, and to prevent all factions, contentions and divisions which may arise in prejudice thereof from malicious suggestions and misinformations of our adversaries, do all and every one of us with our heart and hand testify and declare our resolution and obligation (for the reasons and causes expressed at length in the act of parliament immediately preceding) to acknowledge the foresaid parliament to have been and to be a free and lawful parliament. Likewise we bind and oblige us and every one of us, upon our honours and credit as we desire to be, and to be held true lovers of our country and of the religion, laws and liberties thereof sincerely and faithfully to the utmost of our power, to join and concur with our persons and estates, every one of us according to our several stations and callings, in the maintenance of the freedom and lawfulness of the foresaid parliament, and in the advancement, furtherance and assistance of the execution, obedience and observation of the acts and constitutions thereof, as the most fit and necessary remedies of the bygone and present evils and distractions of this kirk and kingdom, and for the preservation of religion, laws and liberties thereof and of his majesty's authority, and that in the first parliament which shall be held hereafter within this kingdom and at all other occasions and against any opposition whatsoever, except in so far as shall hereafter be thought fit and expedient by the common advice and consent of the estates. In witness whereof, we have signed and subscribed this bond with our hands at etc.

[1640/6/62]³

Act 44

In favour of the king's vassals of ward lands, recommending their prejudice by the act of 1633 to the consideration of the next parliament and in the meantime until then suspending the force and execution of that act

The estates of parliament, presently convened by his majesty's special authority, taking to their consideration the bounty and benevolence of the king's majesty's most noble progenitors King James II and King James IV, giving their vassals liberty to set ward lands feu, and likewise considering how the king's vassals of ward lands are secluded from that benefit by the act 1633, which seems to be done by misinformation of the king's majesty and contrary to the intention of the parliament, to debar the subjects of the bounty and benevolence of the king's majesty towards them which was formerly granted by his progenitors, recommend the serious consideration hereof, with the meaning and intention of the kings and the estates in setting down of the foresaid acts, and how far the same acts can be extended to the prejudice of the vassals (the act of 1633 being only a ratification of a former act made in favour of the subjects and appointing the same to be extended to lands held of the king and prince and not a direct act for these lands) to the next meeting of the parliament, and in the meantime, until the determination thereof, the estates suppress and suspend the force and execution of the act of 1633 against the king's vassals of ward lands, and exempts them from that act during the said interim.