eious enemies, who are not considerable, sail, by their suggestions and lyes, prevaill against the informations and generall declarations of a whole kingdom, we tak God and men to witness, that we are free of the outrages and insolencies
that may be committed in the mean tyme, and that it sail be to us no imputation, that we are constrained to tak such course as may best secure the kirk and kingdome from the extremitie of confusion and miserie."
It is to be remarked, that this act of the covenanters did not assume the authority of a protest; it was a statement of grievances to which, for a short time, they would submit, supplicating a remedy. The assertion that the crown had not the sole power of proroguing parliament, may be said to be an infringement of prerogative; but this very convenient term must owe its application to practice, and it appears that the royal power on this point had not been accurately fixed by the constitution of the Scottish parliament. The choice of the lords of articles by the commissioner a step so far a breach of " privilege" (the opposite term to prerogative), that it rendered a parliament useless as an independent body was likewise remonstrated against, along with the application of supplies without consent of parliament.
The earls of Dunfermline and Loudon were sent as commissioners to represent the declaration to the king. "They behaved themselves," says Clarendon, "in all respects, with the confidence of men employed by a foreign state, refused to give any account but to the king himself; and even to the king himself gave no other reason for what was done, but the authority of the doers, and the necessity that required it; that is, that they thought it necessary: but then they polished their sturdy behaviour with all the professions of submission and duty which their language could afford."
As connected with this mission, some historians have alluded to, and others have narrated, a dark intrigue, of which Johnston was the negative instrument; a matter which has never been cleared up. We shall give it in the words of Burnet, the nephew of Johnston, and who had therefore some reason to know the facts. "After the first pacification, upon the new disputes that arose, when the earls of Loudoun and Dumfermling were sent up with the petition from the covenanters, the lord Saville came to them, and informed them of many particulars, by which they saw the king was highly irritated against them. He took great pains to persuade them to come with their army into England. They very unwillingly hearkened to that proposition, and looked on it as a design from the court to ensnare them, making the Scots invade England, by which this nation might have been provoked to assist the king to conquer Scotland. It is true, he hated the earl of Strafford so much, that they saw no cause to suspect him; so they entered into a treaty with him about it. The lord Saville assured them, he spoke to them in the name of the most considerable men in England, and he showed them an engagement under their hands to join with them, if they would come into England, and refuse any treaty but what should be confirmed by a parliament of England. They desired leave to send this paper into Scotland, to which, after much seeming difficulty, he consented: so a cane was hollowed, and this was put within it; and one Frost, afterwards secretary to the committee of both kingdoms, was sent down with it as a poor traveller. It was to be communicated only to three persons the earls of Kothes and Argyle, and to Warriston, the three chief confidants of the covenanters. * * * * To these three only this paper was to be showed, upon an oath of secrecy: and it was to be deposited in Warriston's hands. They were only allowed to publish to the nation that they were sure of a very great and unexpected assistance, which, though it was to be kept secret, would appear in due time. This they published; and it was looked on as an artifice to draw in the nation: but it was
