[1641/8/187]¹

Act anente the fyve incendiaries and the plotteres and the king's declaration theranent

The estates of parliament, considering that wheras albeit Johne, erle of Traquair, Sir Robert Spotswood of Donypace, kyncht, Sir Johne Hay of Baro, kyncht, late clerke register, Doctor Walter Ballcanquell and Maister Johne Maxwell, somtyme pretendit beshope of Rosse, are cited before them and accused as guilty of divers haynous and treassonable crymes perpetrated and committed by them againest the commoune wealth, conteened in ther severall ditties, which they have just reason to prosecute, newertheles the saidis estates of parliament, taking into ther consideracion his majesties gratious goodnes towardis this his native kingdome and his fatherlie cair and wisdome in composing of all past differances and provyding for the future, to the great joy and happines of his subjectes, doe in retributione therof, with ane wnanimous consent, to testifie ther hight respect and thankfullnes to his majestie and that his majestie may joyfully returne ane contented prince from a contented people to the setling of his royall effaires in his other dominiones, beliveing that the samene will be acceptable to his majestie and conduceable to the good and peace of the kingdome, declaire that for acquyting themselves of ther oath they will only proceed to the exact tryell of the saides pairties by a committie to be appoynted and authoreized by the king and parliament, in respect the present necessity of ther other effaires. And efter tryell shall be takine of the saidis persones and of the crymes wherof they are accused, the parliament declaires that they will not proceed to a finall sentance, nor insist wpoun the punissmient of those persones, bot that they doe for the reassones foirsaid freelie remite them to his majestie. The estates of parliament, considering that wheras albeit James, erle of Montrose, Archbald, lord Naper, Sir George Stirling of Keir, kyncht, Sir Archbald Stewart of Blakehall are cited befor them and accused as guilty of diverse crymes and misdemanores committed by them to the just offence of the estates of parliament and derogatorie to the great trust and confidence had of them, and albeit the parliament have just reassone to prosecute ther process, yit nevertheles the saide estates of parliament, taking into ther consideracion his majesties gratious goodnes towardis this his native kingdome and fatherlie cair and wisdome in composing all past differences and provyding for the future, to the great joy and happines of his subjectis, doe, in retributione therof, with ane wnanimous consent, to testifie ther heighe respect and thankefullnes to his majestie, and that his majestie may joyfullie returne a contented prince from a contented people to the setling of his royall effaires in his other dominiones, beliveing that the samene will be acceptable to his majestie and conduceable to the peace and good of the kingdome, declaire that for acquyting themselves of ther oath they will onlie proceed to the exact tryell of the saidis pairties by a committie to be appoynted and authoreized by the king and parliament, in respect of the present necesity of ther other effaires, and eftir tryell shall be takine of the saidis persones and of the crymes wherof they are accused, the parliament declaires that they will not proceed to a finall sentance nor insist wpoun the punishmient of the saidis persones, bot that they doe for the reassones foirsaides freelie remite them to his majestie.

At Edinburgh, the sexteene day of November 1641 yeeres, the parliament haveing expressed ther respect and thankfullnes to his majestie by remitting wnto him these that are cited as incendiaries and otheres according to ther abovewrittin declaratione, hee was gratiouslie pleased (the bettir to testifie his princlie cair and to prevent any feares that may be conceived from the medling of those persones in the effaires of state or court) to make this declaratione fallowing:

I, taking in good pairt the respect and thankefullnes of this parliament in remitting to me these who are cited as incendiaries and others according to ther declarationes, doe declair that I will not imploy any of these persones in offices or places of court or state without consent of parliament, nor grant them acces to my persone, wherby they may interrupt or disturbe the firme peace which is now so happilie concluded.