Page:A biographical dictionary of eminent Scotsmen, vol 5.djvu/195

Rh sittings on the 31st of August, 1639. On the 14th of November, Sir Thomas Hope, in his official capacity as lord advocate, produced a warrant from the king addressed to the commissioners, which, on the ground that the royal prerogative was interested in the proceedings, ordered a prorogation to the 2nd of June, 1640. The warrant was read by Sir Alexander Gibson of Durie, one of the clerks of session, on which the lord advocate took the usual protest, calling on the clerk actually to dissolve the meeting. On this, the clerk, who was performing an unpleasing office, answered, "that he had already read the said warrant containing the said prorogacioun, and was readie to read the same as oft as he should be commanded, but could not otherways prorogat the parliament." The earl of Rothes added to his embarrassment, by challenging him to " do nothing but as he would be answerable to the parliament, upon payne of his life." And the junior clerk, Mr William Scott, being called on to dissolve the meeting, sagaciously declined officiating in the presence of his senior. Johnston then came forward, and, in name of the three estates, read a declaration, purporting that his majesty, having, in compliance with the wish of his faithful subjects, called a free assembly and parliament, and submitted matters ecclesiastical to the former, and matters civil to the latter; the commissioner had (it was presumed) without the full permission of the king, attempted to dissolve the parliament—a measure which, the estates maintained, could not be constitutionally taken, without the consent of the parliament itself. With that respect for the person of the king which, as the advocates of peaceful measures, the covenanters at that period always professed to maintain, the document proceeds to state that the estates are constrained to the measure they adopt by "our zeal to acquit ourselfs according to our place, both to the king's majesty, whose honour at all tymes, but especially convened in parliament, we ought to have in high estimation, and to the kingdom which we represent, and whose liberties sail never be prostituted or vilified by us." Having denounced the prorogation as unconstitutional, this remarkable statepaper thus proceeds—"But becaus we know that the eyes of the world ar upon us, that declarations have been made and published against us, and malice is prompted for hir obloquies, and wateth on with opin mouth to snatch at the smallest shadow of disobedience, disservice, or disrespect to his majesty's commandments, that our proceedings may be made odious to such as know not the way how thes commandments are procured from his majesty, nor how they are made knowin and intimat to us, and doe also little consider that we are not now private subjects bot a sitting parliament, quhat national prejudices we have sustenit in tyme past by misinformation, and quhat is the present state of the kingdom;" so arguing, the presenters of the declaration, that they may put far from them "all shaw or appearance of what may give his majesty the least discontent," resolve, in the mean time, merely to vindicate their rights by their declaration, and, voluntarily adjourning, resolve to elect some of each estate, as a permanent committee, endowed with the full powers of a parliamentary committee, to "await his majesty's gracious answer to our humble and just demands, and farther to remonstrat our humble desires to his majesty upon all occasions; that hereby it may be made most manifest, against all contradiction, that it wes never our intention to denie his majesty any parte of the civill and temporal obedience which is due to all kings from their subjects, and from us to our dread soverane after a special maner, bot meerlie to preserve our religion, and the liberties of the kingdome, without which religion cannot continue long in safetie." "And if it sail happen," continues this prophetic declaration," (which God forbid) that, efter we have made our remonstrances, and to the uttermost of our power and duetie used all lawfull meanes for his majesty's information, that our mali-