Act 43
Ordeaning the whole subjectis and leiges of this kingdome to obey, menteene and defend the conclusiones, actes and constitutiones of this present session of parliament, and to subscryve the band appoynted for that effect

In the parliament holdine at Edinburghe, the elleventh2 day of June 1640 yeires, the estates of parliament, presentlie conveened by his majesties speciall authoritie, considering that whereas after many petitiones and supplicationes givine in and presented to his majestie and the lordis of his secreet counsell by diverse of the nobilitie, barrones and burgess of this kingdome for granting a free generall assembly and parliament, for reformeing of many great abuses and novationes tending to the overthrow of the trew religione and wndoeing of this kirke and kingdome, devysed and brought in by the late pretendit beshopis, who by their subtile practeises dureing his majesties absence these many yeires had ingrossit in ther persones all the ecclesiasticke and civill power of this his majesties ancient and native kingdom, it was granted by his majestie out of his royall justice and accordit by the articles of pacificatione made at his majesties campe in the moneth of June 1639 yeires lastbypast that a frie generall assemblie and parliament should be indicted by his majestie, and that all materis ecclesiasticall should be determined by the assemblies of the kirke, and materis civill by parliamentis and other inferiour judicatories established by law, and that according therwnto his majestie did indict ane assemblie to be haldine at Edinburghe, the tuellfe of August, and a parliament for ratifieing the conclusiones of the same assemblie and setting doune suche other thingis as might conduce to the peace and good of the kingdome, to be haldine at Edinburghe the tuentie sext of August lastbypast, in the which assemblie the materes concerneing the puritie of the trewe reformed religioun and peace of this kirke, after great debate, delayes and protracting of tyme mad by Johne, erle of Traquair, his majesties commissioner, being at lenth concludit wpoun the [...] day of August 1639 yeires, the parliament sitting doune immediatlie therafter upoun the penult day of the said moneth of August, the ratificationes of the conclusions of the same assemblie and many other materis of great importance conduceing necessarlie to the setling of the peace of this kingdome being proponed in parliament ware lykewayes shifted and delayed, and the closing of the parliament protracted from tyme to tyme wnto the [...] day of November lastbypast, at the which tyme the said Johne, erle of Traquair did take wpon him, without consent of the estates, to prorogat the foirsaid parliament to the second day of June instant, not only contrarie to the articles of pacificatione but also to the prejudice of the liberties of the parliament, for preservatione wherof the saidis estates were forced to make a declaratione in parliament againest the same. And that albeit since the said [...] day of November wnto this tyme the saidis estates have used all possible meanes to give his majestie full satisfactioun both by there peaceable cariage at home and by sending there commissioneris to acquant his majestie with all ther just desyres and the reasones therof, yit they have not only received no ansuer but, wpoun the contrarie, ther proceidingis in the said parliament, being wntruelie related by the said Johne, erle of Traquair, have been condemned as rebellious without heiring and our commissioneris sent for cleiring therof are restranit in privat houses for a long tyme, and Johne, lord Loudoun being one of them committed to the towre wher hee is still deteened in prisone. The castles of Edinburghe and Dumbartane have in the meane tyme beene fortified and provydit with all sort of ammunition in great abundence and garisones of souldieris (not being natives of this kingdome) put therein, the garisone in the castle of Edinburghe daylie killing diverse of the inhabitantes of this citie and spoyling ther houss with muskettis and great ordinance, all shipis belonging to this kingdome arreisted in England and Ireland, and many of them comeing from other places laid wait for and takine bee the way, ther owneris and passingeris spoyled of ther goodis and apparrell, laid in the yrones and barbarouslie abused, a commisioun granted to the generall of the Englishe forces by sea and land to kill, distroy and subdue this whole natione, a prented declaratione put forth denunceing warr againest it persuading, exerting and provooking the other tuo kingdomes to grant subsidies and take armes againest the inhabitantes of this kingdome as traitouris and rebellis, and the parliament of Ireland heath proceedit so farr as to declaire them to be suche, all which they have hitherto indured patientlie and therby givine an evident demonstratione to the world of the loyalty of ther affectiones to there sovereigne, which no extremitie shall ever make them forget. And now being prest by the present exigence of the estate of this kingdome and bund by the necessitie of that they owe to themselves and ther posteritie to provyd for the saifty of the commounwealth and ther owne and tymeouslie to prevent the wter ruine of this natioun, which can no longer subsist wnder so great a burdeene, that tyme being come which was appoynted to the which the parliament was prorogate and no adverteisment come from his majestie to them anent any course to be takine for remeeding of the great disorderis, they, being the great counsell of the kingdom, could not be altogidder so forgetfull of themselves and deficient to there cuntrie as to suffer this parliament, which they had so often petitioned from his majestie, which was conditioned and accordit by saidis articles of pacificatione and indicted by his majesties authoritie, to be deserted and expyred without ony conclusione to the good of the commoune wealth in so great extremitie, but rather thought themselves bund in consience and duty to proceed to the determinatione of such materis as are necessarie for the establishing of the peace of this kirke and kingdome as being the exprese and speciall endis of all ther supplicationes and agreeable to the saidis articles of pacificatione, without trensching anywayes one soveraignitie or derogating in ony sort from his majesties royall authoritie, but one the contrarie onlie looking first one the constitutiones of the assembly past in presence of his majestie commissioner and the necessarie consequences therof, and then provyding remedies for the present evillis of the kingdome by removeing the cause and establishing necessary conclusiones for preventing the lyke heireftir. In doeinge wherof, as they have proceidit uprightlie in the way of justice and with all due reverence and regaird to his majesties authoritie, and therby have stopted the mouthes of ther adversaries, so they rest assured that his majestie, after due examinatioune of ther proceedingis, finding the same agreeable to the fundamentall lawes and customes of this his ancient and native kingdome, and nowayes repugnant to monarchicall government, will out of his royall justice and goodnes give his full consent therwnto and therby totallie remove and extinguish all ground and occasioune of contraversie againest his faithfull and loveing subjectis, restore this kingdome to a perfyte and solid peace, which they pray the Lord to put in his majesties royall heart, that he may long and prosperouslie rigne over them. And one the other pairt, considering from bygone experience how malitious and diligent ther adversaries will be to callumniat these their proceedingis and by there suggestiones to the kingis majestie and to the leiges to kendill and interteene factiones and divisiones theranent, and how necessarie it is for the saiftie and peace of this kirke and kingdome that the memberis of both doe wnanimouslie with heart and hand testifie by there subscriptione ther resolutione and obligatioune to acknowledge this parliament so often desyred by there petitiones and supplicationes and conveened by his majesties solemne indictione, according to the articles of pacificatione, to be a frie, laufull and necessary parliament and to obey, observe and menteene the same for themselves, constantlie and faithfullie, and to the wtermost of there power to joyne and concurre in ther severall stationes and callingis with otheris to advance, further and assist the executione, obedience and observeing of the actes and constutiones of this present parliament as the most fit and necessarie remedies of the bygone and present evillis and distractiones of this kirke and kingdome and for preservatione of the religione, lawes and liberties therof, and of his majesties authoritie, and that in the first parliament which shall be haldine heirefter within this kingdome, and at all other occasiones against any oppositione whatsoevir, except in so farr as heireftir shall be thought fit and expedient by the commoun advyce and consent of the estates. They have ordeaned and ordeanes the band wnderwrittin to be subscrybit by all the memberis of parliament, present and absent, and by all noblemen, barrones, burgess and all other subjectis and inhabitantes of the kingdome in there shyres and burghes, as they shall be directed by the commissioneris of parliament lefte at Edinburghe, and to be reported to the clerke betuixt and the first day of September nixt; with certificatione to such as refuise or postpone and delay to subscryve, the same shall be holdine as enemyes and oppositis to the commoun cause consisting in the mentinance of the true reformed religione and of the lawes and liberties of this kingdome and his majesties authoritie.

Wee noblemen, barrones, burgess and otheris wndersubscryveris, considering how necessar it is to establish our unioun in the preservatione and mentinance of the religione, lawes and liberties of this kingdome and of his majesties authoritie, and to prevent all factiones, contentiones and divisiones which may aryse in prejudice therof from malitious suggestiones and misinformationes of our adversaries, doe all and everie one of ws with our hart and hand testifie and declaire our resolutione and obligatione (for the reassones and causs exprest at lenth in the act of parliament immediatlie preceiding) to acknowledge the foirsaid parliament to have beene and to bee a frie and laufull parliament. Lykeas we bind and obleis ws and everie one of ws, upoun our honouris and credit as we desyre to bee, and to be holdine true loveris of our cuntrie and of the religioun, lawes and liberties therof effauldlie and faithfullie to the wttermost of our power, to joyne and concurre with our persones and estates, everie one of ws according to our severall stationes and callingis, in the mentinence of the freedome and laufullnes of the foirsaid parliament, and in the advancement, furtherance and assistance of the executione, obedience and observation of the actis and constitutions therof, as the most fit and necessarie remedies of the bygone and present evillis and distractiones of this kirke and kingdome, and for the preservatione of religione, lawes and liberties therof and of his majesties authoritie, and that in the first parliament which shall be holdine heireftir within this kingdome and at all other occasiones and againest any oppositione whatsoevir, except in so fare as shall heireftir be thought fit and expedient by the comoun advyce and consent of the estates. In witnes quhairof, we have signed and subscryved these presentis with our handis at etc.

Act 44
In favoures of the kinges vassellis of waird landes, recomending there prejudice by the act anno 1633 to the consideration of the nixt parliament and in the meane tyme while then suspending the force and executione of that act

The estates of parliament, presentlie conveend by his majesties speciall authoritie, taking to there consideratioun the bountie and benevolence of the kingis majesties most noble progenitoures King James the Second and King James the Fourth, giveing ther vassellis libertie to set waird landis feu, and lykewayes considering how the kingis vassellis of wardlandis are secludit from that benefiet by the act 1633, which seemeth to be done by misinformation of the kingis majestie and contrarie to the intentione of the parliament, to debarre the subjectis of the bountie and benevolence of the kingis majestie towardis them which was formerlie granted by his progenitouris, recommendeth the serious consideratione heerof, with the meaneing and intentione of the kingis and the estates in seting doune of the foirsaidis actes, and how far the same actes can bee extendit to the prejudice of the vassellis (the act anno [1633] being onlie a ratificatione of a former act mad in favoures of the subjectes and appoynting the same to be extendit to landis holdine of the king and prince and not a direct act for these landis) to the nixt meeting of the parliament, and in the meane tyme, whill the determinatione therof, the estates suppress and suspendis the force and executione of the act 1633 againest the kingis vassells of wairdlandis, and exeemes them from that act dureing the said interim.

  1. NAS, PA2/22, f.45v-47v.
  2. Sic. Dated 10 June above.
  3. NAS, PA2/22, f.48r.