[1641/8/187]¹

Act regarding the five incendiaries and the plotters and the king's declaration relating thereto

The estates of parliament, considering that whereas albeit John [Stewart], earl of Traquair, Sir Robert Spottiswood of Dunipace, knight, Sir John Hay of Bara, knight, late clerk register, Doctor Walter Balcanquall and Master John Maxwell, sometime pretended bishop of Ross, are cited before them and accused as guilty of diverse heinous and treasonable crimes perpetrated and committed by them against the commonwealth, contained in their several ditties, which they have just reason to prosecute, nevertheless the said estates of parliament, taking into their consideration his majesty's gracious goodness towards this his native kingdom and his fatherly care and wisdom in composing of all past differences and providing for the future, to the great joy and happiness of his subjects, do in retribution thereof, with one unanimous consent, to testify their high respect and thankfulness to his majesty and that his majesty may joyfully return a contented prince from a contented people to the settling of his royal affairs in his other dominions, believing that the same will be acceptable to his majesty and conducible to the good and peace of the kingdom, declare that for acquitting themselves of their oath they will only proceed to the exact trial of the said parties by a committee to be appointed and authorised by the king and parliament, in respect of the present necessity of their other affairs. And after trial shall be taken of the said persons and of the crimes whereof they are accused, the parliament declares that they will not proceed to a final sentence, nor insist upon the punishment of those persons, but that they do for the reasons foresaid freely remit them to his majesty. The estates of parliament, considering that whereas albeit James [Graham], earl of Montrose, Archibald [Napier], lord Napier, Sir George Stirling of Keir, knight, and Sir Archibald Stewart of Blackhall are cited before them and accused as guilty of diverse crimes and misdemeanours committed by them to the just offence of the estates of parliament and derogatory to the great trust and confidence had of them, and albeit the parliament has just reason to prosecute their process, yet nevertheless the said estates of parliament, taking into their consideration his majesty's gracious goodness towards this his native kingdom and fatherly care and wisdom in composing all past differences and providing for the future, to the great joy and happiness of his subjects, do, in retribution thereof, with one unanimous consent, to testify their high respect and thankfulness to his majesty, and that his majesty may joyfully return a contented prince from a contented people to the settling of his royal affairs in his other dominions, believing that the same will be acceptable to his majesty and conducible to the peace and good of the kingdom, declare that for acquitting themselves of their oath they will only proceed to the exact trial of the said parties by a committee to be appointed and authorised by the king and parliament, in respect of the present necessity of their other affairs, and after trial shall be taken of the said persons and of the crimes whereof they are accused, the parliament declares that they will not proceed to a final sentence nor insist upon the punishment of the said persons, but that they do for the reasons foresaid freely remit them to his majesty.

At Edinburgh, 16 November 1641, the parliament having expressed their respect and thankfulness to his majesty by remitting to him those that are cited as incendiaries and others according to their declaration above-written, he was graciously pleased (the better to testify his princely care and to prevent any fears that may be conceived from the meddling of those persons in the affairs of state or court) to make this declaration following:

I, taking in good part the respect and thankfulness of this parliament in remitting to me those who are cited as incendiaries and others according to their declarations, do declare that I will not employ any of those persons in offices or places of court or state without consent of parliament, nor grant them access to my person, whereby they may interrupt or disturb the firm peace which is now so happily concluded.