Sess. XXIII. 30 Aug. 1639.
The Supplication of the Generall Assembly to the Kings Majesties Commissioner, concerning the Book, called “The Large Declaration.”
WEE, the Members of this present Assembly, for our selves, and in name of the severall Presbyteries, Burghs, and Universities for which we are Commissioners, resenting the great dishonour done to God, our King, this Kirk, and whole Kingdome, by the Book called “A Large Declaration,” have here represented the same to your Grace, and have collected some, amongst many, of false, grosse, and absurd passages; That, from the consideration thereof, your Grace, perceiving the intolerable evils foresaids contained therein, may be pleased to represent the same to our gracious Soveraigne, and in our behalfs humbly to beseech his Majestie, so much wronged by the many foul and false relations, suggested and perswaded to him as trueths, and by stealing the protection of His Royall Name and Authoritie to the patrocine of such a Book: To be pleased first to call in the said Book, and thereby to shew his dislike thereof: Next, to give Commission and warrant to cite all such parties as are either knowne or suspect to have had hand in it, and to appoint such as His Majestie knowes to be either authors, informers, or any wayes accessarie, being Natives of this Kingdome, To be sent hither to abide their tryall and censure before the Judge Ordinary, and in speciall Master Walter Balcanquell, now Deane of Durhame, who is known and hath professed to be the author, at least avower and maintainer of a great part thereof; that by their exemplar punishment, others may be deterred from such dangerous courses, as in such a way to raise sedition betwixt the King and His Subjects, Gods honour may be vindicate from so high contempt, His Majesties justice may appear, not only in cutting away such Malefactors, but in discouraging all such under-miners of His throne, His loyall and loving Subjects shall be infinitely contented to be cleared before the world of so false and unjust imputations, and will live hereafter in the greater securitie, when so dangerous a course of sedition is prevented, and so will have the greater and greater cause to pray for his Majesties long and prosperous Reigne.
His Majesties Commissioner in Councell having received the said Supplication, promised to impart the same to His Majesty, and to report his diligence therein.
The Supplication of the Assembly to His Majesties High Commissioner, and the Lords of Secret Councell.[160]
WEE, the Generall Assembly, considering, with all humble and thankfull acknowledgement, the manie recent favors bestowed on us by His Majestie, and that there rested nothing for crowneing his Majesties incomparable goodnes toward us, bot that all the members of this Kirk and Kingdom might be joyned in one and the same Confessions of Faith with God, with the Kings Majestie, and among ourselves: And conceiveing the main lett and impediment to this so good a worke, and so muche wished be all, to have beene the Informations made to his Majestie, of our intentions to shaike off Civill and dutiful obedience dew to Soverainity, and to diminish the Kings greatnes and authoritie, and being most willing and desyrous to remove this and all suche impediments, whiche may hinder and imped so full and perfyte an Union, and for cleiring of our loyaltie, WEE, in our names, and in name of all the rest of the Subjects and Congregations whome wee represent, doe now, in all humilitie, represent to your Grace, His Majesties Commissioner, and to the Lords of His Majesties most honourable Privie Counsell, and declare before God and the World, that we never had, nor have anie thought of with-drawing our selves from that humble and dutiful subjection and obedience to His Majestie and to his Government, which, by the descent and under the reign of 107 Kings, is most cheirfullie acknowledgit be us and our predecessors: And that we never had, nor have any intention or desire to attempt anie thing that may tend to the dishonour of God, or the diminution of the Kings greatnes and authoritie; But, on the contrary, acknowledging our quietnes, stabilitie, and happines to depend upon the safetie of the Kings Majesties Person, and maintenance of His greatnes and Royal authority, as Gods Vice-gerent set over us, for maintenance of Religion and ministration of Justice, We have solemnlie sworn and doe swear, not onlie our mutual concurrence and assistance for the caus of Religion, and to the uttermost of our power, with our meanes and lyves, to stand to the defence of our dread Soveraine, his Person and authoritie, in the preservation and defence of the said true Religion, Liberties, and Lawes of this Kirk and Kingdome, bot also in everie thing which may concerne His Majesties honor, sall, according to the Lawes of this Kingdome and dutie of good subjects, concurre with our friends and followers in quiet manner, or in armes, as wee sall be requyred of His Majestie, His Councell, or anie having his Authority. And, therefore, being most desyrous to cleir our selves of all imputation of this kynd, following the laudable example of our predecessors, in anno 1589, doe most humblie supplicat your Grace, His Majesties miasione, and the Lords of His Majesties most honourable privie Counsel, to enjoyne be Act of Counsell, that the Confession and Covenant, which, as a testimonie of our fidelitie to God, and loyaltie to our King, wee have subscrived, be subscrived be all His Majesties Subjects, of what ranke and quality soever.
The Act of the Lords of Councell at Edinburgh. August 30, 1639, containing the Answer of the preceding Supplication.
THE which day, in presence of the Lord Commissioner and the Lords of Privie Councell, compeired personally John Earle of Rothes; James Earle of Montrose; John Lord Lowdoun; Sir George Stirling of Keir, Knight; Sir William Douglas of Cavers, Knight; Sir Henry Wood of Bonytoun, Knight; John Smyth, Burgesse of Edinburgh; Mr Robert Barclay, Provest of Irwing; Mr Alexander Henderson, Minister at Edinburgh; and Mr Archbald Johnstoun, Clerk to the Generall Assembly; and, in the name of the present sitting Generall Assembly, gave in to the Lord Commissioner, and Lords of Privie Councell, the Petition above written; Quhilk being red, heard, and considerit be the said Lord Commissioner and Lords of Privie Counsell, they have ordainit, and ordains the samen to be insert and registrat in the books of Privie Counsell, and, according to the desyre thereof, ordains the said Confession and Covenant to be subscrived in tyme comeing, be all His Majesties Subjects of this Kingdome, of what ranke and qualitie soever.
The Kings Majesties Commissioners Declarations.
The which day His Majesties Commissioner and Lords of Councell, after the receiving of the Supplication of the Generall Assembly, anent the subscribing of the Covenant, having returned to the Assembly, His Majesties Commissioner, in name of the Councell, declared: That he had received the Supplication of the Assembly, desiring that the Covenant might receive the force of an Act of Councell, to be subscribed by all his Majesties Subjects, that they had found the desire so fair and reasonable, that they conceived themselves bound in duety to grant the same, and thereupon have made an Act of Councell to that effect, and that there rested now the Act of Assembly; and that he himself was so fully satisfied, that he came now, as his Majesty’s Commissioner, to consent fully unto it; and that he was most willing that it should be enacted here in this Assembly, to oblige all his Majesties Subjects to subscribe the said Covenant, with the Assemblies explanation. And because there was a third thing desired, His subscription, as the Kings Commissioner, unto the Covenant, which he behooved to do, with a Declaration in writ; and he declared, as a Subject, he should subscribe the Covenant as strictly as any, with the Assemblies Declaration; but as His Majesties Commissioner in his name he behoved to prefix to his subscription the Declaration following, which no Scots Subjects should subscribe or have the benefit of, no, not himself as Earle of Traquair. The tenor whereof follows:—
Seeing this Assembly, according to the laudable forme and custome heretofore kept in the like cases, have, in a humble and dutiful way, supplicate to us His Majesties Commissioner, and the Lords of His Majesties most honourable Privie Councell, That the Covenant, with the explanation of this Assembly, might be subscribed: And to that effect that all the subjects of this Kingdome, by act of Councell, be required to doe the same: And that therein, for vindicating themselves from all suspitions of disloyaltie or derogating from the greatnesse and authoritie of our dread Soveraigne, have therewith added a Clause, whereby this Covenant is declared one in substance with that which was subscribed by His Majesties Father of blessed memory, 1580, 1581, 1590, and oftner since renewed. Therefore I, as His Majesties Commissioner, for the full satisfaction of the Subjects, and for settling a perfect Peace in Church and Kingdome, doe, according to my foresaids Declaration and Subscription, subjoyned to the Act of this Assembly, of the date the 17 of this instant, allow and consent that the Covenant be subscribed throughout all this Kingdome. In witnes whereof I have subscribed the premisses.
Likeas his Majesties Commissioner, read and gave in the Declaration following, of his consent to the Act of the Assembly, 17 August, anent the causes of our by gone evils.
I, John Earle of Traquair, His Majesties Commissioner in this present Assembly, doe, in His Majesties Name, declare, that, notwithstanding of His Majesties own inclination, and many other grave and weightie considerations, yet such is His Majesties incomparable goodnesse, that, for settling the present distractions, and giving full satisfaction to the Subject, He doth allow, like as I, His Majesties Commissioner, doe consent to the foresaid Act, and have subscribed the premisses.
Likeas His Majesties Commissioner read and gave in the Declaration following:—
IT is alwayes hereby declared by me, His Majesties Commissioner, That the practise of the premisses, prohibited within this Kirk and Kingdome, outwith the Kingdome of Scotland, shall never bind nor inferre censure against the practises outwith the Kingdome; which, when the Commissioner required to be insert in the Register of the Kirk, and the Moderator, in name of the Assembly, refused to give warrant for such practise, as not agreeable with a good conscience, His Grace urged that it should be recorded, at least that he made such a Declaration, whatsoever was the Assemblies Judgement in the contrair: And so it is to be understood to be insert here onely vocitative.
Act ordaining the subscription of the Confession of Faith and Covenant, with the Assemblies Declaration.
THE Generall Assembly, considering the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome, by joyning of all in one and the same Covenant with God, with the Kings Majestie, and amongst our selves, having, by our great Oath, declared the uprightnesse and loyaltie of our intentions in all our proceedings, and having withall supplicated His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, to injoyn, by Act of Councell, all the Lieges in time coming to subscribe the Confession of Faith and Covenant, which, as a testimony of our fidelity to God and loyaltie to our King, we have subscribed: And seeing His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, have granted the desire of our Supplication, ordaining, by civill authority, all His Majesties Lieges, in time comming, to subscribe the foresaid Covenant, that our Union may be the more full and perfect, We, by our Act and Constitution Ecclesiasticall, doe approve the foresaid Covenant in all the Heads and Clauses thereof, and ordaines of new, under all Ecclesiasticall censure, that all the Masters of Universities, Colledges, and Schooles, all Schollers at the passing of their degrees, all persons suspect of Papistry, or any other errour, and, finally, all the members of this Kirk & Kingdome, subscribe the same with these words prefixed to their subscription: “The Article of this Covenant, which was, at the first subscription, referred to the determination of the Generall Assembly, being determined, and thereby the five Articles of Perth; the government of the Kirk by Bishops; the civill places and power of Kirkmen, upon the reasons and grounds contained in the Acts of the Generall Assembly, declared to be unlawfull within this Kirk: we subscribe according to the determination foresaid.” And ordaines the Covenant, with this Declaration, to be insert, in the Registers of the Assemblies of this Kirk, Generall, Provinciall, and Presbyteriall, ad perpetuam rei memoriam; and, in all humility, supplicates His Majesties high Commissioner, and the honourable Estates of Parliament, by their authoritie to ratifie and injoyne the same, under all civill paines, which will tend to the glory of God, preservation of Religion, the Kings Majesties honour, and perfect peace of this Kirk and Kingdome.
Aug. 30. 1639.
Act anent Appellations.
THE Assembly appointed, that, in all time hereafter, no Appellations should be, leaping over either Presbyterie or Synod, but to ascend by degrees as from the Kirk Session to the Presbytry, or from the Presbyterie to the Synod, and from the Synod to the Generall Assembly, except it be after the Synod be past, and immediatly before the Generall Assembly, or in the time thereof, and renewes all former Acts made to this effect.
Act anent advising with Synods and Presbyteries before determination in Novations.
THE Generall Assembly, considering that the intended Reformation being recovered, may be established, Ordaines, that no Novation which may disturb the peace of the Church, and make division, be suddenly proponed and enacted: But so as the motion be first communicate to the severall Synods, Presbyteries, and Kirks, that the matter may be approved by all at home, and Commissioners may come well prepared, unanimously to conclude a solide deliberation upon these points in the Generall Assembly.
Act anent Ministers Catechising, and Familie Exercises.
THE Assembly, considering that the long-waited-for fruits of the Gospel, so mercifully planted and preserved in this Land, and the Reformation of our selves and Families, so solemnly vowed to God of late in our Covenant, cannot take effect, except the knowledge and worship of God be carried from the Pulpit to every family within each Parish, hath therefore appointed, that every Minister, besides his paines on the Lords day, shall have weekly catechising of some part of the Paroch, and not altogether cast over the examination of the people till a little before the Communion. Also, that in every Familie the worship of God be erected, where it is not, both Morning and Evening, and that the Children and Servants be catechised at home, by the Masters of the Families, whereof accompt shall be taken by the Minister, and Elders assisting him in the visitation of every Family: And, lest they fail, that visitation of the severall Kirks be seriously followed by every Presbyterie, for this end among others. The execution and successe whereof, being tryed by the Synods, let it be represented to the next Generall Assembly.
Sess. XXIV. 30. Aug. à meridie.
The Assemblies Supplication to the Kings Majestie.
Most Gracious Soveraigne,
WEE, Your Majesties most humble and loyall Subjects, the Commissioners from all the parts of this your Majesties ancient and native Kingdome, and members of the Nationall Assembly, conveened at Edinburgh by your Majesties speciall indiction, and honoured with the presence of Your Majesties High Commissioner, have been waiting for a day of rejoycing, and of solemne Thanksgiving to be rendred to God by this whole Kirk and Kingdome, for giving us a King so just and religious, that it is not only lawfull for us to be Christians under Your Majesties government, which sometime hath been the greatest praise of great Princes, but also that it hath pleased Your gracious Majestie to make known that it is Your Royall will and pleasure, that all matters Ecclesiasticall be determined in free Nationall Assemblies, and matters civill in Parliaments; which is a most noble and ample expression of Your Majesties justice, and we trust shall be a powerfull meane of our common happinesse under your Majesties most blessed Raigne. In the mean while we doe most humbly, upon the knees of our hearts, blesse your Majestie for that happinesse already begun in the late Assembly at Edinburgh, in the proceedings whereof, next under God, we have laboured to approve our selves unto Your Majesties Vice-gerent, as if Your Majesties eyes had been upon us, which was the desire of our soules, and would have beene the matter of our full rejoycing, and doe still continue Your Majesties most humble supplicants for Your Majesties civill sanction and ratification of the constitutions of the Assembly in Parliament: That your Majesties Princely power, and the Ecclesiasticall Authority, joyning in one, the mutual embracements of religion and justice, of truth and peace, may be seene in this Land, which shall be to us as a resurrection from the dead, and shall make us, being not only so farre recovered, but also revived, to fill Heaven and Earth with our praises, and to pray that King CHARLES may be more and more blessed, and His throne established before the Lord for ever.
THE Assembly appoints the next Generall Assembly to sit at Aberdeene the last Tuesday of July next, 1640 years. And warneth all parties, Universities, and Burrows, to send their Commissioners, for keeping the samine. And thereafter the Assembly was concluded by giving of thanks by the Moderator, and singing of a Psalme, according to the custome.
FINIS.
Index of the Principall Acts of the Assembly at Edinburgh, 1639. Not printed.[161]
1.—The Kings Majesties Commission to John Earle of Traquair.
2.—Election of Master David Dickson, Moderator.
3.—The Kings Majesties Commissioners and the Assemblies Declarations anent the Assembly of Glasgow.
4.—Renunciation of Master Alexander Lindsay, pretended Bishop of Dunkell, of Episcopacie.
5.—Commission for Visitation of the Universitie of S. Andrews.
6.—Commission for Visitation of the Universitie of Glasgow.
7.—Act reviving former Acts against going of Salt Pannes on the Sabbath day.
8.—Act for drawing up of a Catechisme.
9.—Articles and Overtures to be presented to the ensuing Parliament.
10.—The Report of the Committee appointed for Examination of the Booke called “The Kings Manifesto or Declaration.”
11.—The Covenant, or Confession of Faith.
12.—Act anent the Adjoyning of some Kirks in the Ile of Boot to the Presbyterie of Denune.
13.—Act Adjoyning some Kirks in the Iles of Coill and Tyrie to the Provinciall of Kilmoire.
14.—Commission for Visitation of the Colledge of Aberdeene.
15.—Commission to the Presbyterie of Edinburgh.
Miscellaneous Historical Documents,
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1639.
1639.—January 18-29.
1. Missive anent the King’s coming to York to the Privy Council of Scotland.[162]
| Apud Edinburgh, 29 Januarii 1639—Sederunt, | ||
|---|---|---|
| Thesaurer, | Wintoun, | Aduocat, |
| Mar, | Elphinston, | Treʳ Deput, |
| Murray, | Naper, | Justice Gʳᵃˡˡ, |
| Argyle, | Clerk Regʳ, | Justice Clerk. |
The whilk day the Missive Letter under written, signed be the Kings Majestie, and direct to the Lords of Privie Councill, was presentit to the saids Lords and read in their audience, of the whilk the tennor followes:—
Charles R.—Right trusty and right weill belovit cousine and counsellor, &c., We griet yow weill. Whereas we intend to repare, in person, to York, about Easter next, that we may be the more neare to that our kingdome, for accommodating our affaires there in a faire maner, which course we allwayes affected, as we still doe: These are to advertyse yow of this our resolution, being confident that, in the meane tyme, yow will not be wanting in that which serves the good of our service; and as we shall acquaint yow frome tyme to time with our further proceedings; so, if anie thing occurre wherein yow would advise us, lett us lykewayes be acquainted therewith, becaus we will speciallie rely upon your judgement: And so we bid yow farewell, frome our Court at Whitehall, the 18 of Januarie 1639. Sti. Sco.
Quhilk missive being heard and considert be the saids Lords, they ordainit the same to be insert and registrat in the booke of Privie Counsell.
1639.—January 26.
2. Letter from the King to the Nobility of England.[163]
Charles Rex,
Right Trusty and Right Welbeloved Cousin, We greet you well. The late Disorders in Our Realm of Scotland, began upon pretence of Religion, but now appearing to have been raised by Factious spirits, and fomented by some few ill and traiterously affected particular Persons, whose aim hath been, by troubling the Peace of that our Kingdom, to work their own private ends, and indeed to shake off all Monarchicall Government, though We have often assured them, that We resolved to maintain constantly the Religion established by the Laws of that Kingdom, is now growen to that height and dangerous consequence, that under those sinister pretences, they have so far seduced many of our People there, as great and considerable Forces are raised and assembled in such sort, as we have reason to take into consideration the Defence and Safety of this Realm of England; and therefore upon due and mature consultation with the Lords of our Council, We have resolved to repair in our Roial Person to the Northern parts of this our Realm, there (by the help of Almighty God, and the assistance of our good Subjects) to make resistance against any invasion that may happen.
And to the end that this Expedition may be as effectual as we design, to the Glory of God, the Honour and safety of Us, and of this our said Kingdom of England, We have directed that a considerable Army both of Horse and Foot, should be forthwith levied out of all the Shires to attend Us in this Action, wherein we nothing doubt, but the Affection, Fidelity, and Courage of our People shall well appear.
In the mean time, we have thought fit, hereby to give you notice of this our Resolution, and of the state of our Affairs, and withall hereby to require You to attend Our Royal Person and Standard at Our City of York, by the first day of April next ensuing, in such Equipage, and such Forces of Horse, as your Birth, Honour, and your Interest in the publick Safety do oblige you unto, And as we do and have reason to expect from you. And this our Letter shall be as sufficient and as effectual a Warrant and Discharge unto you for the putting of your selfe, and such as shall attend you, into Arms, and Order as aforesaid, as if you were authorised thereunto by our Great Seal of England. And we do require you to certifie Us under your hand within fifteen days next after the receit hereof, what Assistance we shall expect from you herein, and to direct the same to one of our Principal Secretaries of State. Given under our Signet at our Palace of Westminster the 26th day of January in the fourteenth Year of our Raign.
Exam. P. Warwick.
1639.—February 15.
3. The King’s Letter to the Nobility.[164]
[This letter, though of a later date than the one which preceded it, is precisely of the same tenor, in all respects, and seems, therefore, to have been sent as a proof of the Kings settled purpose In regard to the expedition. It is, therefore, omitted as superflous.]
1639.—February 20.
4. Extract from the King’s Proclamation.[165]
This proclamation sets forth “How traiterously some of the Scottish Nation had practiced to pervert his Loyal Subjects of this Realm, by scattering abroad their Libellous and Seditious Pamphlets, mingling themselves at their publick meetings, and reproaching both his Person and Government; That he had never any intention to alter their Religion or Laws, but had condescended unto more for defence thereof than they had reason to expect; That they had rejected the Band and Covenant which themselves had prest upon the people, because it was commended to them by his Authority; and having made a Covenant against God and him, and made such Hostile preparations, as if he were their sworn Enemy, and not their King; That many of them were men of broken Fortunes, who because they could not well be worse, hoped by engaging in this War to make themselves better; That they had assumed unto themselves the power of the Press, one of the chief markes of the Regal Authority, prohibiting to Print what he commanded, and commanding to Print what he prohibited, and dismissing the Printer whom he had established in that Kingdom; That they had raised Arms, blockt up and besieged his Castles, laid Impositions and Taxes upon his people, threatned such as continued under Loyalty, with force and violence; That they had contemned the Authority of the Council-Table, and set up Tables of their own, from which they send their Edicts throughout all parts of the Kingdom, contrary to the Laws therein established, pretending in the mean time that the Laws were violated by himself; That the question was not now, whether the Service-Book should be received or not, or whether Episcopacy should continue or not, but whether he were King or not? That many of them had denied the Oaths of Supremacy and Allegiance (for which some of them had been committed) as inconsistent and incomptable with their holy Covenant; That being brought under a necessity of taking Arms, he had been traduced in some of their writings for committing the Arms he had then raised, into the hands of professed Papists, a thing not only dishonourable to himself, and the said noble persons, but false and odious in it self; That some of power in the Hierarchy had been defamed for being the cause of his taking Arms to invade that Kingdom, who on the contrary had been only Councellors of peace, and the chief perswaders (as much as in them lay) of the undeserved moderation wherewith he had hitherto proceeded toward so great Offenders; That he had no intent by commending the Service-Book unto them to innovate any thing at all in their Religion, but only to create a conformity between the Churches of both Kingdoms, and not to infringe any of their Liberties which were according to the Laws; That therefore he required all his loving Subjects not to receive any more of the said seditious Pamphlets, but to deliver such of them as they had received, into the hands of the next Justice of the Peace, by him to be sent to one of his Majesties principal Secretaries; And finally, That this his Proclamation and Declaration be read in time of Divine Service in every Church within the Kingdom, that all his People to the meanest, might see the notorious carriages of these men, and likewise the Justice and Mercy of all his proceedings.”
1639.—March 1.
5. Answer to his Majesties Missive anent his comming to Yorke.[166]
| Apud Edinburgh, Primo Martii, 1639.—Sederunt, | ||
|---|---|---|
| Theasaurer, | Lauderdaill, | Clerk Regʳ, |
| Argile, | Southesk, | Aduocat, |
| Mar, | Angus, | Justice Genˡˡ, |
| Murray, | Elphinston, | Trᵉʳ Deput, |
| Wigton, | Naper, | Justice-Clerk, |
| Kingorne, | Amant, | Blackhall. |
The whilk day, the Lords of Secreit Counsell ordained ane Missive to be written to His Majestie, conteaning ane answer to his Majesties Missive formerlie sent unto thame, and insert in the Bookes of Privy Counsell, anent his Majesties comming to Yorke, quhilk wes accordinglie, done of the date and tennor folowing:—
Most Sacred Soverane,
By your Majesties Letter, the 18 of Januar, your Majestie wes graciouslie pleased, not onlie to lett us know your Majesties resolution to come to Yorke to be so much nearer this kingdome for accommodating your Majesties affaires heere in a faire manner, which course your Majestie graciouslie expresseth, you still affect, but also requires us, that if there be anie thing wherein we would advyse your Majestie, that we sould acquaint your Majestie therewith. Wherefore, least we sould be wanting in that dewtie which your Majestie may justlie expect frome us as humble and faithfull Counsellors, or seeme unworthie of the place and rowme whiche, by your Majesties speciall favour, we injoy in the kingdome, We cannot but acquaint your Majestie with ane Supplication given in to us by ane great many Noblemen, Barrons, Burgesses, and others of this Kingdome, which, for your Majesties better information, we presume to send yow herewith. And, withall, we cannot but let your Majestie know that, for farther cleiring thair innocencie thairof, they have offered publicklie, at Counsell table, by thair oaths and subscriptions, to justifie thameselves and thair intentions heerin. And least upon this, or some suche informations, your Majestie might be the more easilie moved to thinke upon harder courses then your Majestie heirtofore hath beene pleased to keepe with this your antient and native kingdome and subjects therein, we deame ourselves bound in dewtie, and in obedience to your Royall commandments, to represent to your Majesties wise and grave consideration this thair Petition. And, seing the peace of your Majesties Government, wherein consisteth our earthlie happenes, and wealfare of the kingdome dependeth upon your Majesties resolutions, and the course yow sall be graceouslie pleased to keepe in the prosecution of thir maters now in hand, We humblie supplicat your Majestie, in your accustomed fatherlie care of the good and preservation of this your antient kingdome, and of your faithfull subjects therein, to resolve upon sume suche course as, without force of armes or showing of your princelie power, deplorable estate of this kingdome may be settled, whereby your Majestie may receave contentment, and we, your humble and faithfull subjects, may injoy the wounted blinkes of your Majesties favour in ane happie and peaceable Government. And so, with our humble and heartie prayer to God to direct your Majestie in this great and important busines after suche maner as sall be most agreable to your Majesties honour and the peace of the kingdome, we rest, &c. Edinburgh, Primo Martii, 1639.
Sic Subscribitur.
TRAQUAIRE,
Argile, Mar, Murray, Wigton, Kinghorne, Lauderdaill, Southesk, Angus, Elphinston, Naper, Amont, J. Hay, Sʳ Thomas Hop, W. E. Johnston, Ja. Carmichaell, Hamilton, Blackhall.
1639.—March 15-22.
6. Another Missive anent his Majesties comming to Yorke.[167]
| Apud Halyrudhous, 22 Martii 1639.—Sederunt, | ||
|---|---|---|
| Thesaurer, | Justice Genᵃˡˡ, | Treʳ Deput, |
| Mar, | Aduocat, | Justice Clerk. |
| Dumfreis, | ||
The whilk day, the Missive Letter underwritten, signed be the Kings Majestie, and direct to the Lords of Privie Counsell, wes presented to the saids Lords, and read in thair audience, of the whilk the tennor followes:—
Charles R.—Right trusty, &c., We greit you well. We have perceaved by your Letter, wherein yow make mention of that which we expressed in a letter formerlie, of our repairing to Yorke, to be the more neere to that kingdome for accommodating our affaires there in a faire maner; and withall yow expresse your desire how the deplorable estate of that kingdome might be settled without force of armes, or showing of our princelie power. We have shewne our care hitherto by our actions for that effect: nather ar we yitt averse frome continuing in that course. But if, in the meane tyme, anie of our good subjects sall suffer for thair affection to our service, in obedience to our commands, we will be verie sensible thereof, and have a speciall care to see thame fullie repaired. And so, expecting that yow of our Counsell, as yow are honoured by us to be first in place, will stryve to goe before others by your good example in advancing of our service, we bid yow heartilie farewell, from our Court at Whitehall, the 15 of Marche 1639.
Quhilk Missive being heard and considerit be the saids Lords, they ordaine the same to be insert and registrat in the bookes of Privie Counsell.
1639.—March.
7. A Letter by the Lords of the Session to the Kings Majestie, sent with my Lord Justice Clerk, in March 1639.[168]
Most Sacred Soveraigne,
The danger of the tymes wherein we live threatening dreadfull desolation of this our ancient and native kingdome, and the conscience of our humble duetie which we owe to your Majestie, our dear and dread Soveraigne, and to this realme, whereof we are feeling members, honoured be your Majestie to be Counsellours and Judges therein, hes constrained us in this case, so important and pressing, to bemoane to your sacred selfe, the present calamitie and apparent insueing of more. God, who hes established in your sacred persone the just and lawfull right of regall inheritance, hes also filled your Majestie with all other induements necessar to the Royall calling; your Majestie, under God, may sollie allay the terrours of the menassing stormes; and without the sunschine of your graceous and calme countenance, this land, and the inhabitants thereof, must become quicklie miserable. The causes are better knowen to your Majestie then that they neid relation. When your Majestie was pleased to indict a Generall Assembly, we and most parte of all your good subjects of this Kingdome, wer overjoyed in expectation that the doubts in religious worship and Kirk Government, whilk was tossed to and fro this whyle bygone, should have then beine cleirlie setled; and although the greater part of your people be weill pleased with the constitutions therein concluded, yet your Majesties displeasure against that Assembly, and the proceedings thereof, and your expresse dislyke of these who adheres to the same, and the fearfull consequences therefra like to ensue, hes turned all the hopes of comfort which we expected, in sorrowes and teares. When Princes stand in doubt of their people, and their subjects stand in doubt of their Prince, if not tymelie remeaded, prove difficill remeadable. To goe on at ance with deliberation, your Majestie may be pleased to pardon us to averre, that in this they are but badd Counsellours, and no better patriots, who will advise your Majestie to add oyle and fewall to the fire. Violence and armes are pleased amongst desperat remeadies, proving oftner worse then the disease. To speake trueth ingenuouslie becomes all men, and us mainlie more then uthers, speaking to our King, and in a matter importing no lesse nor the universall fall or standing of this nation, and apprehended by most parte of the leidges to reflect on religione and conscience, which seldome are forced with successe. Who does insinuat to your Majestie that the opposers to the proceedings of Glasgow doe surpasse in number, and in uther considerable respects, such as adheres to the same, we veritablie avow, in our alledgance, that they vent unwarrantable suggestions, which may provock the Princes wrath against his people, and does foment meanes for the overthrow of the peace of this Kirk and Kingdome. It is over britle a foundation whereupon to gadge the honour and safetie of your sacred persone, and to build conclusions of warre; and we should not hold ourselves for loyall subjects, if we should not say these informations wer contrare to trueth. Yet your Majestie is knowne to the world to be ane Prince prudent and moderat, who will not be drawen from that laudable forme of raigning which was ever familiar to your Majesties selfe, and to your royall Father of blessed memorie, who worthilie gloried in the title of ane pacifick King; for the throne of Kings (says that wise King) is established by Justice and righteousnes; and therefore we must, on the knies of our hearts, supplicat your sacred Majestie, in the bowels and mercies of our blessed Saveour, to be pleased to forbeare all purpose of warre, and so to prevent the evills of dispaire and necessitie; and for that effect, that your Majestie may be pleased to close your ears against all contrarie enducements. Your Majestie is Vicegerent to Almichtie God, whose mercies and compassions, although immutable, are proponed as characters of imitation to Princes, so far as mortall man may joy therein, and resemble the immortall God.
These our grave and submisse supplications, we begg, in all humilitie, that your Majestie may be pleased graceouslie [to receive], which we have sent to your Majestie by this bearer the Justice-Clerk, who is ane of our number, to whom we have committed our Instructions with trust: And we shall never cease to offer up our fervent prayers to Him by quhom Kings reigne, for preservation of your sacred persone, and the continowing felicitie of your long and happie reigning over us, and thereafter of your royall posteritie, so long as the world shall endure.
The Instructions are—
1. To represent to His Majestie that latelie we have presumed, in all humilitie, to write to His Majestie to the same sence of the letter now sent, but we are informed the Letter hes never comed to His Majesties hands, but hes bein miscarried, and hath bein withdrawen, by what meanes we know not.
2. To shew His Majestie that, for any thing can appeare to us, these thinges that are now in question are urged by all as moved thereto, that are by the persuasion of their consciences, they esteeming them poyntes of their faith; and if force be used, all are persuaded, and so proves, that it is not for these poynts now in question only, but for encroaching upon religion in ane higher degrie then is pretendit.
3. That His Majestie, in this case, may be pleased to take it to his royall consideration, what successe persute of armes hes had in all uther Kingdomes against men for matters of conscience, truelie, or taken by them to be such; and that bloodie warres have ever bein to harden the Spirits of men to opposition in matters of conscience, and to increase their number.
4. That, if our neighbour nation doe invaid this countrie, it will assuredlie be taken be all Scotsmen, albeit not affected the present way, for a nationall quarrell; and all will strive as ane man to defend themselves as for their lives, estates, and liberties of the countrie.
5. That the countrie is also joyned togither, now that few or none of them most reserved, can be drawen together to oppone the countrie in this cause.
6. To represent to His Majestie the proffer made by the bodie of the Kingdome to imploy their readiest services, lives, lands, honours, and quhatsoever is dearest to them in this world, for His Majesties service, and lay the same in at his Royall feete, to be disposed at his pleasure—they being satisfied in matters of religion and conscience, in which was performed in our presence by the great asseverations of many considerable persons amongst them, and which we are persuaded fullie to be true.
1639.—March.
8. The Oath that they urged upon the Scotts Men at London.[169]
I doe faithfullie swear and promise that I doe honour and obey my Soveraigne Lord, King Charles, and will bear faith and true alleadgance to him, and defend and mentaine him and his royall power and auctoritie; and that I will not bear armes, or doe any rebellion or hostile act against his Majestie, or protest against any of His Majesties Royall Commands, but submitting myselfe in all due obedience therunto; and that I will not enter into any Covenant, oath, or band, for mutuall defence and assistance of any persone or persones whatsoever, contraire to what I have herein sworne, professed, and promised: So help me God in Christ Jesus.
1639.—April 2.
9. Letter from the King to Hamilton.[170]
Hamilton,
I received yours but this morning, to which before I answer, I must tell you News: First, that Jacob Ashly has possessed Berwick with 1000 Foot and 60 Horse, and Carlisle is likewise possessed by My Lord Clifford with 300 men; Secondly, I have commanded Traquair to keep his Chamber, until he give me an account how he left Dalkeith, without striking one stroke, and before any Cannon was brought before it, having left the Ammunition (not destroyed) to their reverence, and likewise the Regalia: of this more by the next. Now for Answer, I have given the Proclamation to be written over by the Clerk-Register, with the General Oath, both which you shall have with all speed: for your Military Oath, I like it extreme well, as likewise your opinion for detaining the Patents of Honours until the Country be settled; for your Brother, certainly if you had forgotten him I should not, but have remembered my old Engagement; and for Dalliel, indeed he deserves well; yet methinks a Viscounty may serve at this time, that I may have something more to give upon further occasion: and so I rest
Your assured constant Friend,
Charles R.
York, 2 Apr. 1639.
1639.—April 3.
10. Letter from the King to Hamilton.[171]
Hamilton,
According to my promise yesterday I have sent you back the Proclamation and Oath, but with very few Additions. As touching Traquair I can say little more than I did, because I have not yet seen his Defence; only if I had not taken this rude notice of his base Action, I am sure I should have disheartened a number of honester men than ever he was, or will be. This morning I have News of the safe Landing of the 500 Irish, which are by this time in Carlisle, there to attend untill further Directions. I have no more at this time to say, but to know if Col. Gun be not one that you have entertained, for it is said that he is going back again to Germany. One thing I had almost forgot; they say for certain that Aberdeen holds out still, and is not likely to yield in haste; if it be so, you know what to do. And so I rest
Your assured constant Friend,
Charles R.
York, 3 Apr. 1639.
1639.—April 5.
11. Letter from the King to Hamilton.[172]
Hamilton,
This is to tell you, that the News of the rendring of Aberdeen came immediately after the dispatch of the last Post, and that though Huntley be retired, yet he is neither beaten nor over-run: but the chief cause of my writing at this time is, that since I have shown the Proclamation to Orbiston and Sir Lewis Stewart, they have both been very instant with me to change something in it: which (though my Judgment goes with them in the most, and therefore I will not be wilful; yet) I think I shall alter, or (but rather) palliate one point, to wit, not to set Prices upon the declared Rebels Heads, until they have stood out some little time; which time is to be expressed in this same Declaration. Another thing is, whither and when to send you Devick; and lastly, whether I shall see you before you put to Sea, which I should be glad of, if it should not retard the Service: and so I rest
Your assured constant Friend,
Charles R.
York, 5 Apr. 1639.
1639.—April 7.
12. Letter from the King to Hamilton.[173]
Hamilton,
I send you with this my Proclamation, as I have now made it upon debate with Sir Lewis Stewart, wherein I have altered nothing from the first, but what I wrote you by my last; only I have added some things of favour to those that shall repent, which nevertheless are of so little moment, that although this should not come to your hands time enough, the other might pass very well. As for the publishing of it, I shall doe my best to get it proclaimed both in Edinburgh, and in the rest of the Kingdom: nevertheless you must not leave to doe your best for the publishing of it. So wishing good success as well to your Person as Cause, I rest
Your assured constant Friend,
Charles R.
York, 7 Apr. 1639.
1639.—April 7.
13. Letter from the King to Hamilton.[174]
Hamilton,
I send you herewith my Pleasure in a Proclamation to my Subjects of Scotland, and by this command you to use all sort of Hostility against all those who shall not submit themselves according to the tenour of the same; for which this shall be your Warrant.
Charles R.
York, 7 Apr. 1639.
1639.—April 10.
14. Letter from the King to Hamilton.[175]
Hamilton,
I have spoken with Henry Vane at full, of all those things that were concerted betwixt you, and agree in all things but one, which is, that he thinks your going into the Frith, will make the Rebels enter into England the sooner; whereas on the contrary, I think that my possessing of Carlisle and Berwick hath made them so mad, that they will enter in as soon as they can perswade an Army together, except they be hindred by some awful Diversion; wherefore I could wish that you were even now in the Frith, though the Borders might be quiet till my Army be brought together, which they say will hardly be yet these ten days. Yet I am not out of hope to be at Newcastle within these fourteen days, and so to Berwick as soon as I may with either Honour or Safety; wherefore my Conclusion is, go on a Gods Name in your former Intentions, except I send you otherwise word, or your self find some inevitable necessity: and so I rest
Your assured constant Friend,
Charles R.
York, 10 Apr. 1639.
Postscript.—I have sent you ten Blanks, whereof four be Signaturewise.
1639.—April 10.
15. Letter from the King to Hamilton.[176]
Hamilton,
According to my Promise on Thursday last, I send you herewith the Proclamation altered as I then wrote; and that you may not think that these Alterations are grounded upon new Counsels, I shall desire you to observe, that I do not so much as seem to adde the least thing to my former Promises. It is true, that I neither mention the late pretended General Assembly at Glasgow, nor the Covenant, at this time: my reason is, that if for the present I could get Civil Obedience, and my Forts restored, I might then talk of the other things upon better terms. As for excepting some out of the General Pardon, almost every one now thinks that it would be a means to unite them the faster together; whereas there is no fear, but that those who are fit to be excepted, will doe it themselves by not accepting of Pardon, of which number I pray God there be not too many: So that you are now to go on according to your former Directions, onely proclaiming this instead of my former signed Proclamation; and so to proceed with Fire and Sword against all those that shall disobey the same. So praying to God to prosper you in all things, I rest
Your assured constant Friend,
Charles R.
York, 10 Apr. 1639,
at 4 in the Afternoon.
1639.—April 11.
16. Resolution of Council and Session to go to Court.[177]
Apud Edinburgh, undecimo April, 1639. Sederunt.
The Lords of Secret Counsell underwritten—viz., the Earles of Mar, Perth, Wigtoun, Galloway, Lauderdaill, and Southesk; the Lords Elphinston and Naper; the Advocat and Treaʳ Deput; togidder with the Lords of Session aftermentioned—viz., the Lords Durie, Innerleith, Foderane, Innerpeffer, Balconnie, Cranston-Riddell, Craighall, Scotstarvet, and Eskbanke.
The Lords of His Majesties Privie Counsell and Session having tane to their consideration the deplorable and calamitous estate of this Kirk and Kingdome; and understanding that one of the greatest causes thereof arose from his Majesties offence taken against the late proceedings within the same, and they being fullie perswaded that his Majestie will be pleased to heare of thame the simple truthe—as they sall be answerable to God and his Majestie—without anie privat respect, but allanerlie his Majesties honour and the safetie of this kingdome: Thairfoir they thinke it necessar and incumbent to thame, out of their humble and bound affection to the weall, honnour, and happines of his Majesties person and government, and for preventing the imminent dangers hanging over this kingdome, that they all unanimouslie sould present themselves to his sacred Majestie, and falling doun at his royall feete, deprecat his Majesties wrath againes his subjects; and, therefore they all in ane voyce have resolved to take journey with all expedition towards his Majestie for the effect forsaid.
1639.—April 18.
17. Letter from the King to Hamilton.[178]
Hamilton,
It is true that I was content to hear your Advice concerning your going into the Frith, it being chiefly to shew Henry Vane that your Judgement went along as well as your Obedience: though I had a care ever to take off from you the envy of seeking this particular Imployment, taking it, as it is just, upon my own absolute Command; yet I will not say, but that you might have cause to wonder, because neither of us expressed ourselves so clearly as we might. But my chief errand to you at this time is, that upon serious Debate upon your long Letter to Henry Vane, only with him and Arundel, (for I dare trust no other) we found no reason to alter my former Commands, but were more confirmed in the fitness of them; only we have thought requisit to alter some things in the Proclamation, which you shall receive by the next Dispatch, at furthest within a day or two of this: so that you are not to (indeed I think you cannot) publish any, until the New one come to you, (for I believe it will be at the Holy-Island before you:) the Alterations of which you will only find to be, that I do not say all I think; but in no ways slack my Resolution, much less seem to yield to any new thing. So referring you to Henry Vane for the relating of our Proceedings here, I rest
Your assured constant Friend,
Charles R.
York, 18 Apr. 1639,
at ten a clock at night.
1639.—April 19.
18. A Letter from the Nobilitie of Scotland to the Earle of Essex, lying in Berwick, sent with Mr William Cuninghame.[179]
Our Most Noble Lord,
As in all these great affairs which have been so much noysed abroad, of our Church and State, our chiefest care hes beene to walke warrantablie, according to the Laws that were sett in force for that effect; so we are certainely persuaded that amongst ourselves there is none that can justlie complaine of what hes passed; and for these our Countrie Men who are now in England, if they be of that number, as they are evill subjects to our gracious King, and worse compatriots to us; so, of all the worst guests amongst yow, while they endeavour to make the remedie of their evills, and the escape of their deserved punishment, the beginning of ane incurable disease betwixt two nations, to whom this quarrell should nowayes extend, if the informations and protestations made by us for this end, and the bond of our Covenant sworne to God and man, hes not cleered all scruples in the mynd of our gracious Soveraigne hitherto: and, of all good subjects with yow, it is not our fault, but rather our joynt misfortune with yow, that there are too too many amongst yow, also in great place and credite, whose privat byasse runnes quyte voyd and contrare to the publict good, and who are, these wicked ones, rysing earlie to poysone the publict fountaine, and to sow the unhappie teares of jealousies and discords betwixt yow and us, before the good seed of our love and respect to our neighbour nation can take place in your hearts. Amongst all the evills of this kynd which daylie overtakes us, next to the present undeserved displeasure of our Prince against us, (which God in mercie will take off in his aune tyme,) there could nothing have been fallen so strange and unexpected to us as the drawing of your forces together upon your borders, which, whether to defend yourselves, or to annoy us, and so to prepaire and gather those clouds which threatnes a sore tempest to bothe, we for our parte wishe they may first perishe in the shipwrack who beginnes to dashe the ane nation against the other.
As for yow, my Lord, although your place, persone, and qualitie, the honour and reputation of your former life, may give us some assurance that your Lordship will bewar to beginne the quarrell, whereat the enemies of both the nations will rejoyce and catch the advantage; yet give us live to admire the ground of these needlesse feares that makes you thus strengthen your borders, or rather suspect these pregnant presumptions of a farther project intendit against this nation by your power, which needs must make us bestirre ourselves betymes at all hands for our safetie; God is our witnesse that we desire no nationall quarrell to arise betwixt us, or to tast of that bitter fruit that may sett both your children and our children’s teeth on edge, but rather hold ourselves obliged, in conscience of our duetie to God, our Prince, and all our nation, our brethren, to try all just and lawfull meanes for the removall of all causes of discord betwixt two nations who are yet locked togither, and should be still in all the strongest bonds of affection and common interest, and to be alwayes readie to offer that occasion of greater satisfaction in this kynd for clearing our loyall intentions towards our Prince, to all whom it may concerne, and, namely, to your Lordship, in regard of your place and command at this tyme, by any mids whatsomever should be thought expedient on both sydes. This farr we thought good to represent to your Lordship, being occasionallie together, so few of us as are in this place, for ourselves, and in name of the rest of our number, who, together with us, shall expect your Lordships answer, and rests your Lordships affectionat friends to serve you.
Edinburgh, 19 Aprile 1639.
April 23.—1639.
19. Letter from the King to Hamilton.[180]
Hamilton,
Before that this come to your hands you will have received two of mine of an elder Date, to which I can adde so little, that if I had not received yours of the 18ᵗʰ, I would not have written at this time. You have done well in laying all the Doubts before me, and shewing all your defects, (for which I am heartily sorry) by which I see there is not so much to be expected as otherwise there might: yet I continue my former Resolution, being glad that your own inclination leads you thereto; recommending Tantallon to your thoughts, for the which I have agreed with the true Owner. Think not of the North until I have done some good in the South. I shall haste to Berwick as soon as possibly I may; but I fear it will not be before the 12ᵗʰ of May, and I hope the 15ᵗʰ will be the latest. So hoping to have a merry meeting with you in Scotland, I rest
Your assured constant Friend,
Charles R.
York, 23 Apr. 1639.
1639.—April 25.
20. Letter from the King to Hamilton.[181]
Hamilton,
Having opened your Pacquet to Master Treasurer, I could not but tell you, that I could not but pity your cross Winds, and commend your Diligence: and so I rest
Your assured constant Friend,
Charles R.
York, 25 Apr. 1639.
1639.—May 2.
21. Missive Letter from the Marquis of Hamilton to the Provost, Magistrates, and Council of the City of Edinburgh.[182]
Loving Friends,
Such is and haith bein his Majesties tender fatherlie caire of this his native Kingdome, that he haith bein graciouslie pleased to indevore, by manie faire and calme wayes, to reclaizme his disobedient subjects within the same, but hitherto all in vaine. So haffing producit no better effects in divers of theme bot the daylie incressing of insolences; and to such ane hicht it is growne, that nothing can be justlie expected from his Majestie bot to use his royall power and force: zitt still, such is his guidnes and clemencie, as that will be the last way he will trite, and then to the gritt grieff. Quhairfore he hes bein pleased to send me, his High Commissioner, unto these pairts againe, with full powar and authoritie to accommodat these effaires (if it be possible) in ane peaceable way, and to treat and use his guid and deutifull subjects with all favour and kindnes, qwhereof I thought fitt to give yow notice, yow being the cheiff and principall citie of this his Kingdome; zitt I may say with sorrow, that none hes schewing themselfis more proane to riot and disobedience to his Majesties commands than yow. Bott zitt ther is tyme for repentance—such is his Majesties clemencie. These are thairfor to desyre yow, that not onlie your selfis, bot that yow lykewayes prepair the hairts of the Commouns, that both yow and yai may be readyr to repaire his Majesties gratious pleasure whichsal be signified unto yow, with that humble and thankfull obedience, as becommeth loyall, deutifull, and guid subjects, so that, by your guid example, the rest of this Kingdome may doe the lyke, which will be ane meanes for yow to redeme His Majesties favour which yow have iustlie lost, and saive the schedding of much innocent blood, which both His Majestie and all just men call Heaven and earth to witnes, yow ar the principall causers thereof, as haiffing cheiflie countenanced the beginners of these trubles, and which one day most lye heavilie upone yowr consciences, and call for iust vengeance from God and the King, with the curses of manie innocents which, by yowre meanes, will be destroyde. Bott I houp now, at yᵉ last, yow will sie yowr awin errors, and accept this meanes of reconceiliatioun which now is to be offerit unto yow; wherein no man sall more joy than I,
Your verie loving Friend,
Hamilton.
1639.—May 3.
22. Letter from the Provost, &c. of Edinburgh to the Marquis of Hamilton, in answer.[183]
Please your Grace,
We, his Majesties humble and loyall subjectes, doe, with all thankfulnes, acknowledge that His Majesties caire to this his native Kingdome hes bein more tender, and His Majesties proceedings more calme, then our enraged enemies, who have bein, by all meanes, seeking His Majesties dishonour, and owre utter ruine could have wyched. So are we heartilie sorie that the suggestiounes and informatiounes of our enemyes sould have prevailed so far with His Majestie, as that ourselfs or anie uther of His Majesties guid subjects should be compted so refractorie and disobedient as to have deservit that his Majestie sould make use of any powar or forces against us, who have bein seeking nothing bot the libertie of oure religioun against novatiounes, and that all questiounes micht be determined by a Nationall Assemblie and Parliament, both which were graciouslie indicted be His Majestie, and have bein doeing nothing bot using preparatiounes for our lawfull and necessar defence against threatened invasion and hostilities. We are glaid that your Grace is come hither as His Majesties Commissioner, to accommodatt effaires in a peaceabill way, which is the desyres of oure hearts, and seemes to ws not onlie possibill bot easie. Bot we are heavielie greived that your Grace sould come against this your native countrey in such ane hostile way as may rather provoke then pacifie, and does protend that the Kingdome will be moved to doe more for feir of violence, then frome trew loyalitie and conscience of that dewtie we ow to our dread Soveragne under God. Nothing can be requyred of us for ourselffis, who have the honour to be the chieffe cittie of this His Majesties Kingdome, or for the Commones, so far as our creddeitt and powar can reache, or for giving good exemple to uthers in receaving His Majesties gratious pleasure and iust commandments, with all humble and thankfull obedience, which sall not be to the full and most cheirfullie performit. Bot when we have doone the dewtie of gud and loyall subjects which (nixt unto oure dewtie to God Almichtie) hath beene our cheifest caire, and whairof we have given all proofes and exemplarie evidences if it sall come to pas (which the Lord of his mercye prevent) that innocent blood salbe sched, then hath yᵉ curse cum on them, and the burdein wherof, the consciences of those who haith bein aither the principall causers, or the beginners, or the fomenters, of those present trubles; for, as we have, in this cause, a guid conscience before God, and nevir meant evill to any man, far les to our King, which is oure gritt confidence and comfort, so we ar assent to be approven of all just and good men, who ar not ignorant of our proceidings, and of the necessarie causes of our intendit defence. Your Grace knowes weill what fals calumnies hes bein spred against us, and we call to God of Heaven and earth to witnes; and how the wayes of grace, informatioun (all which have bein assayed by the Nobilitie, Barrones, Burgesses, Ministers, and Commouns, heir, by whose speciall advyse we have sent this answer unto your Grace, and who have warranted us to make knowen their mynd with owre owne) hath bein stopped this lang tyme past. Humblie and earnestlie intreating, in thair name and our awin, that your Grace vald be pleased to convay to His Majesties eares the trew estaitt of matters as they stand, and the guid meaning of the honest and loyall hearts of us His Majesties subjectes: which will no doubt prove a mor readie meane of reconciliatioun then all the terrors under heaven, and which will obleice us to prove to the uttermost of our power
Your Graces trew and humble Servands.
1639.—May 8.
23. Letter from the King to Hamilton.[184]
Hamilton,
The length of Henry Vane’s Dispatch will shorten this, not being willing to trouble my self with writing, nor you with reading of Repetitions. This I must observe to you, that whatsoever either he or I writes at this time is no absolute Command, but meerly Advices to help your Knowledge, that you may the easier judge what is best for my Service. Upon this ground I send you here a Discourse of Mr Thomas Hamilton’s, wherein many things to my seeming are very well said, but how far practicable, or when, I leave you to judge; as likewise upon the whole matter I give you my Opinion, that if you find it not fit to land all our 5000 men upon Lothian-side, then it may be councellable to send most of your Land-men to the North, to strengthen my Party there. As for your landing in the South, I shall onely name two Places besides Tentallon, to wit, Sterlin, (if that be not too far off to be relieved) and Dumbar: as for Tentallon, I shall command the Marquis of Douglass to send one to agree that business with you. So longing to hear from you, and wishing you good luck, I rest
Your assured constant Friend,
Charles R.
Newcastle, May 8, 1639.
1639.—May 9.
24. The Nobilitie of Scotland, their Supplication to the King.[185]
Most Sacred Soveraigne,
Be graceouslie pleased to hearken unto the humble Supplication of the Subjects of your ancient and native Kingdome of Scotland, still prostrat at the feete of your Majesties clemencie and myldnes; shewing that, as there is nothing so greevous unto us and everie ane of us as your Majesties heavie displeasure, conceaved against us this tyme past, which maketh us, in the trueth of our hearts and in all humilitie, to deprecat your Majesties wrath: so nothing under heaven can revive and refresh us so much as that the sweet rayes of the light and love of your Majesties countenance should, in the wonted comfortable maner, schyne upon us and this whole kingdome. In this we are most unhappie, that we want the comfort of your Majesties personall presence, and that your gracious accesse, which the meanest of your subjects find there. Lett us humblie begg that your Majestie may suffer your graceous favour to triumph over the severitie of your indignation; and if it may be your Majesties good pleasure to keepe the Parliament, graciouslie indicted by your Majestie, for putting a finall determination to all our troubles, whither in your owne royall persone, which is the earnest desire of our hearts, or by your Majesties High Commissioner, quherein we shall labour to give your Majestie just content, as becometh duetifull subjects, We are fullie assured that no act hath proceeded from your Majesties goodnes and Justice which shall make your name more glorious in the sight of the world, us more blessed in ourselves, and more cheerful to continow in all loyaltie and obedience, and to pray more heartilie for your Majesties long and prosperous raigne, and for the continowance of your princelie care over us to the end of the world.
1639.—May 9.
25. Letter from Lords and Gentlemen of the Covenant to Hamilton.[186]
Please your Grace,
As we were here met to attend the Parliament indicted by His Majesty, there was shewed to us by the Provost of Edinburgh a Letter from your Grace to himself, and the Bailiffs, and Council of this City, with the Copy of theirs returned to your Grace, deferring the more full Answer till our Meeting. And withall there was presented from your Grace His Majesties Proclamation, which having perused, we find it doth contain divers points not onely contrary to our Nationall Oath to God, but also to the Laws and Liberties of the Kingdom: for it carries a denunciation of the high crime of Treason against all such as do not accept the Offer therein contained; albeit it be onely a Writing put in Print without the Kingdom, and not warranted by Act and Authority of the Council, lawfully convened within this Kingdom. And your Grace in your Wisdom may consider, whether it can stand with the Laws, Liberties, and Customs of this Kingdom, that a Proclamation of so great and dangerous Consequence, wanting the necessary Solemnities, should be published at the Mercat-cross of this City. Whereas your Grace knows well, that by the Laws of this Kingdom, Treason and Forfeiture of the Lands, Life, and Estate of the meanest Subject within the same, cannot be declared but either in Parliament, or in a Supreme Justice-Court, after Citation and lawful Probation, how much less of the whole Peers and Body of the Kingdom, without either Court, Proof, or Trial. And albeit we do heartily and humbly acknowledge and profess all dutiful and civil Obedience to His Majesty as our Dread and Gracious Soveraign; yet since this Proclamation does import in effect the renouncing of our Covenant made with God, and of the necessary means of our lawful Defence, we cannot pve Obedience thereto, without bringing a Curse upon this Kirk and Kingdom, and Ruine upon our selves and our Posterity; whereby we are persuaded, that it did never proceed from His Majesty, but that it is a deep Plot contrived by the Policy of the Devilish Malice of the known and cursed Enemies of this Church and State; by which they have intended so to disjoyn us from His Majesty, and among our selves, as the Rupture, Rent, and Confusion of both, might be irreparable, wherein we hope the Lord (in whom we trust) shall disappoint them. And seeing we have left no means possible unessayed, since His Majesties coming to York, (as before,) whereby His Majesties Ear might be made patent to our just Informations, but have used the help (to our last Remonstrance) of the Lord Gray, the Justice-Clerk, the Treasurer, and the Lord Daliell, as the Bearer can inform your Grace, and yet have never had the happiness to attain any hopes of our end, but have altogether been frustrate and disappointed thereof; and now understanding by the sight of your Graces Letter, that your Grace as His Majestys High Commissioner is returned with full Power and Authority to accommodate Affairs in a peaceable way, we will not cease to have recourse to your Grace, as one who hath chief interest in this Kirk and Kingdom, desiring your Grace to consider, (as in our Judgments we are persuaded,) that there is no way so ready and assured, to settle and compose all Affairs, as by holding of the Parliament according to His Majesties Indiction, either by His Sacred Majesty in Person, which is our chiefest desire, or by your Grace as His Majesties Commissioner, at the time appointed, wherein your Grace shall find our Carriage most Humble, Loyal, and Dutiful to our Soveraign, or to your Grace as representing His Majesties Person: and in the mean time that your Grace would open a safe way, whereby our Supplications and Informations may have access to His Majesties Ears. And we are fully persuaded, that we shall be able to clear the Lawfulness and Integrity of Our Intentions and Proceedings to His Majesty, and make it evident to His Majesty, and to the World, that our Enemies are Traitors to the King, to the Church and State; and that we are and ever have been His Majesties Loyal and Obedient Subjects. So we rest
Your Graces humble Servants,
| A. Leslie, | Dalhousie, | Forrester, |
| Argyle, | Lothian, | Erskins, |
| Marre, | Angus, | Boyd, |
| Rothes, | Elcho, | Napier, |
| Eglinton, | Lindesay, | Burghly, |
| Cassils, | Balmerino, | Kirkudbright, |
| Wigtown, | Montgomery, | |
And about 30 Commissioners for Shiresand Burroughs. | ||
Edinburgh, 9 May, 1639.
1639.—May 10.
26. Answer to the above, addressed to Rothes.[187]
My Lord,
I Received a Letter yesterday morning signed by your Lordship, and divers Noblemen, and others, wherein you alledge you are come to attend the Parliament; but considering your Preparation and Equipage, it appears rather to fight a Battel, than to hold a Civil Convocation for the good of the Church and Commonwealth. You may perceive by His Majesties Gracious Proclamation, that he intended in His Own Sacred Person to be present at the Parliament, so soon as with Honour and Safety he might doe it, and for that end exprest therein what was fit to be done. But these Courses which you take, and your Disobedience to his Just Commands, daily more and more shewed, will necessitate him to have them put in execution another way.
It is true that His Majesty sent me hither to accommodate these Affairs in a peaceable manner, if it were possible, which I have laboured to doe; and accordingly my Deportment hath been, which hath been met with that Retribution, as if I had met with the greatest Enemy: but your refusing to publish His Majesties Grace to his People, signified in his Proclamation, hath taken away that Power which otherwise I had; that being a Liberty taken to your selves, which never any Loyal Subjects assumed in any Monarchy. You alledge many Reasons for your selves, of the Illegality of that Proclamation; but you cannot be ignorant, that your Carriage hath forced many of these principal Councellours for safeguard of their Lives to forsake the Kingdom, out of which they remain yet for the same cause. You have suppressed the Printing of all Writings, but what is warranted by Mr Alexander Henderson, and one Mr Archibald Johnstown; neither was the Clerk of the Council, whom I sent for twice to give him Directions concerning this Business, permitted to come aboard to me, upon conference with whom (for any thing you know) I might have resolved to come ashore my self, and convened a Council for the Publication thereof in the ordinary way. But your extraordinary Proceedings in all things must needs force from His Majesty some things, which perhaps you may think not ordinary. Whereas you desire me to be a means that your Supplications may have free access to His Majesties Ears, it is a work of no difficulty; for His Majesty hath never stopt his Ears, to the Supplications of any of his Subjects, when they have been presented to him in that humble and fitting way which became dutiful Subjects: nor did I ever refuse any all the time I was among you, or conceal any part of them from His Majesty. So that your Allegation of not being heard, is grounded upon the same false Foundations that your other Actions are; and serves onely for a means to delude the simple People, that by making them believe what you have a mind to possess them with, they may become backers of your unwarranted Actions; which as it is generally lamented by all His Majesties good Subjects, so it is more particularly by me, who have had the Honour to be imployed in this Business with so bad Success. My Lord, Your humble Servant,
Hamilton.
1639.—May 10.
27. Missive from the Council and Session to the Commissioner.[188]
Apud Edinburgh, decimo Maii 1639. Sederunt. Argile, Mar, Perth, Wigton, Galloway, Lauderdaill, Southesk, Naper, Aduocat, Treʳ Deput, Sir Robert Gordoun; Togider with the Lords of Session underwritten, viz. Durie, Innerpeffer, Balcomie, Foveraine, Cranston-riddel, Scotstarvet, Eskbanke.
The Lords nominats and appoints John Earle of Perth to be President at this meeting.
The whilk day the Lords of Secreit Counsell and Session abovewritten, ordained ane missive to be written and directed to James Marquis of Hamilton, his Majesties Commissioner, quhilk was accordinglie done, of the tenor following:—
Please your Grace,—We of His Majesties Secreit Counsell and Session, being jointlie conveened in this lamentable estait of Kirk and Kingdome, to consider on some fitt and convenient way for averting the evills hanging over this countrie, whilks to our great greefe are too farre advanced, have thought it incumbent to us, in our dewtie, to acquaint your Grace, who represents his sacred Majestie as his High Commissioner, that our intention is, if your Grace will be pleased to allow of this motion, to appoint some of our number to confer with your Grace concerning this bussines, and to advise with your Grace if anie faire way can be found out for accommodation of the same, quhereof if your Grace be pleased to allow, we doe expect to be advertised be your Grace of the time, place, maner, and way of their wise addresse. Whereanent expecting your Graces Answer, we rest, &c. Edʳ, 10 May 1639.—Subscribitur Argyle, Mar, Perth, Wigton, Galloway, Lauderdaill, Southesk, Naper, Sʳ Thomas Hop, Ja. Carmichael, Sʳ R. Gordoun, H. Gibsone Fletcher, Balcomie, S. G. Halyburtoun, Cranston-riddel, Scotstarvet, S. Pa. Nisbet.
1639.—May 11.
28. The Commissioner’s Answer to the Council.[189]
Apud Edinburgh, undecimo Maii 1639.
Sederunt ut die predict.
The whilk day the Missive Letter underwritten, direct frome the Marquis of Hamilton, his Majesties Commissioner, to the Lords of Secret Councell and Session abovewritten, was produced before the saids Lords and read in their audience, of the whilk the tenor followes:—
My Lords,—I receaved this morning your Lordships Letter, and sall be verie willing to embrace all faire occasions which may tend to the accommodation of this unhappie bussines, as ane who, in all my proceedings, both before and since my coming thither, have given sufficient testimonie thairof. Your Lordships being Counsellors and Judges, ought to be als carefull of what may concerne His Majesties honnour as myselfe; so I hope no motion will proceed from yow that sall tend to the diminution thereof: And if upon Monday, betimes in the morning, any sall come so instructed frome yow, aboird of this ship, I sall speidilie by thame returne such ane answer as is fitting for me His Majesties Commissioner to yow; so I rest, &c., Subscribitur,
Hamilton.
Frome aboord the Rainebow, }
in Leith Roid, the 11 of May 1639. }
Whilk Missive being heard and considert be the saids Lords, they have nominat, and, be the tennor heirof, nominats David Earle of Southesk, and Sir Andro Fletcher of Innerpeffer, Knight, to goe aboord his Majesties ship callit the Rainebow, wherein his Majesties Commissioner is for the present, and there to confer with his Grace anent such things as may best conduce to the accommodation and settling of the present troubles wherewith this countrie is threatened.
1639.—May 11.
29. Ane Letter from the Nobilitie of Scotland to the Earle of Hollands.[190]
Our Most Noble Lord,
Although we have bein, at all occasions, using the best meanes by such as were entrusted in his Majesties directions and commands, to give his Majestie true information of the equitie and necessitie of our proceedings, from the verie beginning to this present tyme, yett hath the successe beene so badd, that all our dealling hath bein misconstrued and perverted quyte contrare to our meaning and desires, not only to the increasing of prejudices betwixt the Prince and his people here, but also to the raising of a quarrell betwixt the two nations, which was als farr from our expectation, as from our intentions and deserving. This hath made us at last to wearie of the mediation and meddling of our owne countrie men in these effaires; and as we did beginne with the Earle of Essex, then being at Berwick, so doe we now continow with your Lordship in clearing our loyall thoughts to our Prince, and our duetifull respects to our neighbour nation; and to tistifie how readie we are to stoupe to the smallest occasiones serving for that end, the bearer Dʳ Johne Moiesley as a witnesse, who, although he became hither rather by tolleration then any command or commission, (as he declares,) yet his zeale and good affections to the publict peace of both nations we doe commend, and his privat endeavour to imploy himselfe in so good a worke shall not want from us the oure encouragement, the rather that he hath made honourable mention to us of your Lordships particular affectiouns to the continowance of your commoun peace; of whose disposition in the generall we were fullie assured before. We would, therefore, make knowen to your Lordship, and all others of the like noble disposition, and, if it were possible, to all the good subjects of England, that, as we have beene, we are still verie farre from wearying of Monarchical Government—from the thoughts of laying aside that of obedience, which we owe to our King and dread Soveraigne—from any intention to invaid England, quhich are so foule faults and haynous transgressions, as that we would not once have mentioned them, but that they have beene the false imputations of evill men against us, labouring thereby for their owne base ends, to worke our hinderance in obtaining our just desyres, which have beene and are no other but that we may peaceablie injoy our religion and the liberties of our countrey, according to the lawes; and that all questiones aryseing from these may be determined by Parliaments and Nationall Assemblies. That is it for which we have petitioned, covenanted, and consecrated our lives, and what in this world be dearest unto us, which we trust your Lordship, and all others noble, wise, and just men will judge to be most equitable, and for which no nationall quarrell can justlie arise—the Kirk Constitutions, and civill lawes in divers Kingdomes being different, and we being alse farr from impugning the religion and liberties of other nations, as we are carefull to mentaine our owne; and knowing that the common rule of equitie hath place with your Lordship—“quhatsoever ye would that others did to yow, doe yow even so to them.”
We have also sent with the bearer a double of that Supplication, which we are to send aboord to the Marqueis of Hamilton, that if it be possible by the Moderation of your Lordship, and of other Noble Lords, to whom we have written in lyke maner, presenting the same, His Majestie may be pleased to heare us at last and grant us our desires, which shall tend to his Majesties great glory, bring ane end to all our questions to our mutuall rejoycing, make the blessed Instruments of so good a worke to be thankfullie remembered by the Posteritie when they enjoy the fruites thereof, is the earnest request of
Your Lordships friends and Servands.
Edinburgh, 11 May 1639.
Your Lordship may be pleased to acquant any other of the Counsell of England whom your Lordship thinks fitt.
1639.—May 13.
30. Letter from the King to Hamilton.[191]
Hamilton,
Having been some days since I wrote to you, I could not let my Lord Aboyne go without these Lines, though it be rather to confirm than to adde to my two former: onely I shall desire you to take heed how you engage me in Money-expence. As for what Assistance you can spare him out of the Forces that are with you, I leave you to judge, and I shall be glad of it if you find it may doe good. The truth is, that I find my state of Moneys to be such, that I shall be able (by the Grace of God) to maintain all the Men I have afoot for this Summer; but for doing any more I dare not promise: therefore if with the Countenance and Assistance of what Force you have, you may uphold my Party in the North, and the rest of those Noblemen I have sent to you, I shall esteem it a very great Service; but I shall not advise you to engage me in further Charge, except it may be the Pay of some few Officers. So not doubting but that you will make as much of little as you may, and recommending this Lord to your care, I rest
Your assured constant Friend,
Charles R.
Newcastle, 13 May, 1639.
1639.—May 13.
31. Letter from Rothes to Hamilton.[192]
Please your Grace,
I should have been far better contented to have seen you here at the Parliament with His Majesty, or holding that indicted, as His Majesties Commissioner, than with a Navy and Army to constrain us beyond these just limits of Religion and lawful Obedience, which we were always willing to perform. It was far by my Expectation, and your Graces Oath and Promise, that you should ever come in any chief Command against your Native Country. Whereas your Grace doth challenge our coming in such numbers to attend this Parliament, I hope you conceive that this Navy and Army upon the Borders, and the Invasion threatened in the West, do sufficiently warrant our Preparations to defend these places, and divert such dangers. That Proclamation that is said to carry so much Grace and Goodness, is as destitute of that, as your Invasion is of a good Warrant; which persuades me, that neither of the two proceeds from His Majesties own Gracious Disposition. I cannot stand here to answer all these misconceived particulars, contained in your Graces Letter; but if I had the Honour to see your Grace, before any more mischief be done, I dare engage my Honour and my Life, to clear all these Imputations laid on our Proceedings; and I can demonstrate how hardly we have been used without any just reason. I dare not be answerable to God Almighty, and to that Duty I owe my Prince and Country, if I do not shew your Grace, that your going a little further in this violent and unjust way will put all from the hopes of Recovery, for which both a great deal of Blame from Men, and Judgment from above shall attend you, as the special Instrument, which I wish you labour to evite. If our Destruction be intended, we are confident in that Majesty who owns this Cause, and is able to defend it: and if onely Terrours to fright, and prepare us to accept of any Conditions will be offered, that Intention is already as far disappointed as any of these many former. But as we are ready to defend, so ever to insist in supplicating, and using all humble and lawful means, as becomes us. Mr Borthwick will deliver to your Grace our Supplication to His Majesty, and both his and my mind, till I shall have the occasion to disburden my self surcharged with grief at your Proceedings; being most desirous (as I have been formerly) to have all these occasions removed that may divert me from being still
Your Graces humble Servant,
Rothes.
1639.—May 14.
32. The Kings Proclamation at New Castle.[193]
Charles, be the Grace of God, King of Scotland, England, France, and Ireland. To our loving Subjects, whom it shall or may concerne, greeting. Whereas we are thus farr advanced in our Royall persone with our army, at the attendance of our Nobilitie and Gentrie of this Kingdome, and intends shortlie to be at our good Toune of Berwick, with purpose to give our people of Scotland all just satisfaction in Parliament, as soone as the present disorders and tumultuous proceedings of some are there quyeted, and will lave a fair way of comeing, like a graceous King, to declaire our good meaning to them; but finding some caires of impediment, and that this nation doth apprehend that (contrare to our professions) there is ane intention to invade this our Kingdome of Scotland: We doe, therefore, to cleare all doubts that may breed scruples in the mynds of our good subjects of either Kingdomes, reiterat this our just and reall protestation, That if all civill and temporall obedience be effectuallie and tymelie given and showen unto us, we doe not intend to invade them with any hostilitie. But if they shall, without our speciall auctoritie and command, raise any armes, troupes, and draw them downe within ten myles of our Borders in England; and in that caice, doe expresslie command the Generall of our Army, and our Superior Officers of the same respectively, to proceed against them as rebelles and invaders of this our Kingdome of England, and to the uttermost of their power destroy them, in which they shall doe ane singular service both to our honour and saiftie. Given at our Court at New Castle, the 14 day of May 1639, the 15 yier of our Reigne.
1639.—May 14.
33. Heads of Treaty suggested by Hamilton to Sir Harry Vane.[194]
I. If they can be brought to lay down their Arms, and every man to repair in quiet manner unto their own Dwellings, except such who are to attend the Parliament.
II. If they can be brought to deliver up Your Majesties Castles, and other private mens Houses they have taken, with the Arms and Ammunition they have taken.
III. If they can be brought to express their Sorrow, that they have offended Your Majesty, and humbly crave Your Majesties Pardon for the same.
IV. If they can be brought to supplicate, that what they have to say against Bishops may be heard in the next Parliament; and as their Desire shall seem just or unjust, there to receive Ratification or Denial.
V. The like for the last pretended General Assembly.
VI. If they in all Civil things will acknowledge Your Majesties Authority, and swear Obedience to the same.
VII. If they will desist from their going on in their Fortifications, and they onely to remain in the estate they are in till the end of the Parliament. Though there is little hope of doing good by Treaty, or that they will condescend to this; yet I thought it my duty to give Advertisement of this, and humbly to crave Answer and Orders in writing, how far I shall give way, and how I shall carry my self.
Hamilton.
I shall desire that none may see this but His Majesty, or, at least, that it be not known that it came from me.
1639.—May 16.
34. The Nobilities Supplication to the Commissioner.[195]
Please your Grace,
As we have assayed this tyme past, by divers supplications and many other meanes, to give our graceous Soveraigne all lawfull satisfaction, so doe we most especiallie esteeme ourselves oblidged at this tyme to endeavour the same, and most earnestlie to deprecat his Majesties indignation, even to prove these preparations we have now readie, for our lawfull and necessar defence, to be for no other end. And we doe now expresse—not moved with fear, but with the sense of duetie—that our hearts have been and are free of all disloyaltie and disobedience quhatsoever to our graceous Soveraigne, and least our hope of a happie, peaceable, and contented conclusion, be interrupted by the mischeefe that may arise from the stoppe of trade, and injuries done by the fleete lying here, or by the armies that will ly so near upon the Borders, we earnestlie beseech your Grace to medeat with His Majestie, and that so seriouslie and speedilie, as all thir threatened evills may be prevented; and, in the meane tyme, the country may be secured from all such dangers as we have entrusted the bearer more particularlie to relate to your Grace; and herein we wishe your Grace that successe which may tend to the glorie of God, the honour of His Majestie, the good of this Kingdome, the remembrance of your Grace in after ages, as ane happie instrument, and the present oblidgement to a thankfull remembrance by us, who humbly crave your Graces answer.
1639.—May 17.
35. The King’s Answer to Hamilton’s Proposals.[196]
Hamilton,
I have kept this honest Bearer the longer, that I may with the more assurance give you my Directions what to doe, consisting of two points, Fighting and Treating: for the first, we are still of the same Opinion, that it is not fit that you should give on untill I be on the Borders, which will be (by the Grace of God) by this day eight days, except you find that before that time they march down to meet me with a great Strength. In that case you are to fall on them immediately, and in my Opinion as far up in the Frith as you think probably may doe good, thereby to make a Diversion. In the mean time I like well, that you go on upon that ground of Treaty you sent a Note of to Master Treasurer, (which you will find I have underwritten,) no body else being acquainted with it.
Thus having given you my Directions both concerning Fighting and Treating, I leave the rest to the faithful Relation of the honest Bearer, and rest
Your assured constant Friend,
Charles R.
Newcastle,
17 May, 1639.
1639.—May 17.
36. Answer by Hamilton to Rothes.[197]
My Lord,
I have received your Lordships Letter signed by you, but I cannot conceive it of your Lordships enditing; for I believe you would not have sent such an one to me, if you had not had some malignant spirits busied in the framing of it; for you cannot but remember that my words were never other, than that I would die at my Masters feet, and that I would prove an Enemy to the uttermost of my Power to this Kingdom, if my Countrymen continued in their Obstinacy: and here I set it under my Hand, that I will (by Gods Grace) make it good. It is true, knowing my own inability, I neither desired, nor indeed willingly did accept, the Conduct of an Army against this Nation: but my backwardness proceeded not out of a desire not to be imployed against such in this Country as were disobedient, but that His Majesty might have found many more able to have served him: but since he hath been pleased to trust me, I will not deceive him.
You pass by many particulars in your Answer to my Letter untouched, saying, you cannot stand here to answer them. It is most true, they are not to be answered, and so I take it. As for your own Justification, it is the same which you have ever used, and so continue: but the best is, none that ever were truly informed of your Proceedings, doth or can give any approbation of them.
You say, If I go any further in a violent course, it will be past all hope of Remedy. If I doe, none can blame my Master, for that can never be called Violence which is onely to suppress Rebellion: and if I proceed to execute his Commands therein, you are the causers of it. As Mr Borthwick told me, I expected to have heard further from you before now: but nothing coming, I would forbear no longer to give you this Answer under my Hand, that both you and all the world may take notice what my Inclinations are, which notwithstanding I do infinitely desire they may be stopt by your speedy and real Submission to His Majesties just Commands. And this is the prayer of him who wisheth it may be still lawful for him to call himself
Your Lordships humble Servant,
Hamilton.
From aboord the Rainbow,
27 [17] May, 1639.
1639.—May 21.
37. Letter from the King to Hamilton.[198]
Hamilton,
I Cannot let these Lords go without a Letter, it being more to please them than to inform you; there having nothing happened since my last of the 17ᵗʰ that makes me either alter or take new Counsels: so that this is onely to recommend them to your care, in so far as may comply with my Service; which shews you both my good Opinion of them, as likewise that I am
Your assured constant Friend,
Charles R.
Newcastle, 21 May, 1639.
1639.—May 22.
38. The Earle of Hollands Letter to the Nobilitie of Scotland.[199]
As it hath beene my fortune to receave great expression from you of your disposition of your loyaltie and duetie to his Majestie, so it is now to give your Lordships ane occasion to shew it, by obedience to his Majesties proclamation; which, asking but civile and temporall obedience from his naturall Kingdome, having beene borne in the bowells thereof, I must beleive, by the most earnest professions of love and duetie to him, and lykewise by the enemie of your great tyds, that so much ought to serve that created him Monarche, your Lordships will most joyfullie and readilie submitt to that which in his sacred and powerfull way, as thus demanded from yow. By which meanes ye may not onlie avoide that name ye professe so litle to deserve, but also shune in all your particulars the inconveniences of it, with these of the publict, threatened in the destraction of these Kingdomes, which are so interested in the saiftie and prosperitie of each other, as their differences will appeare as unnaturall towards ourselves, as it may prove unfortunate. The fulnes of my heart upon this occasion, makes me say more then is propper for me, since I am rather to obey in this service then to advise.
My Lords,
I am your Lordships humble Servant,
Hollands.
From my quarter,
22ᵈ Maii, 1639.
To the Comittie at Edinburgh.
1639.—May 22.
39. Letter from the King to Hamilton.[200]
Hamilton,
Rumours come here so thick, of the great Forces that the Rebels mean very shortly to bring down upon me, that I thought it necessary to advertise you, that you may be ready at the first Advertisement to land at the Holy Island, wind and weather serving; yet not to come from where you are untill I send you word, except you shall find it necessary by your own intelligence: and so I rest
Your assured constant Friend,
Charles R.
Newcastle, 22 May, 1639.
Postcript.—I leave it to your Consideration, if it be not fit to leave some 300 Men in Inchcolm, though it should be fitt that you should come away with the rest of the Landmen.
1639.—May.
40. A Letter from Scottish Nobles sent to the Noblemen and Counsellours in England.[201]
Most Noble Lords,
Although we have bein labouring this long tyme past by our Supplications, Informations, and Missives to some of your Lordships, to make knowen to his Majestie and the whole Kingdome of England, the loyaltie and peaceablenes of our intentions and desires, and that we never meant to deny to his Majestie, our Soveraigne and native King, any poynt of temporall and civille obedience, yet, contrarie to our expectation and hopes, matters to this day growing worse and worse, both Kingdomes are brought to the dangerous and deplorable condition wherein they now stand in the sight of the world. In this extremitie we have sent to his Majestie our humble supplication, (besides which know none other meanes of pacification,) and doe most earnestlie intreat that it may be assisted by your Lordships, that, if it be possible, by a meeting, in some convenient place, of some pryme and well-affected men to the reformed religion, and our common peace, matters may be accommodat in a fair and peaceable way, and that so speedilie, and with such expedition, as, through farder delayes, which we see not how they can be longer indured, our evills become not incureable. We take God and the world to witnes, that we have left no meanes unassayed to give his Majestie and the whole Kingdome of England, all just satisfaction, and that we desire nothing but the preservation of our Religion and Lawes. If the fearfull consequents shall ensue, which must be verie neare, except they be wiselie and speedilie prevented, we trust they shall not be imputed unto us, who, till this tyme, have been following after peace, and who doe, in everie duetie, most ardentlie desire to shew ourselves his Majesties faithfull Subjects, and
Your Lordships humble Servants, &c.
1639.—May 23.
41. The Marquis of Hamiltons Letter to the Earle of Rothes.[202]
My Lord,
I have received a letter, signed by my Lord Lindsey, not of many lynes, yet full of injuries; and sure it was in such a straine as is not fitt for a Subject to write to the Kings Commissioner, and deserves no other cause but this, that his follie hath transported him beyond his duetie. The article which he mentions, I find to be none other than unjust complaints underwritten by your Lordship, and some other, written to no other end, as I conceive, but to justifie disloyall proceedings, and to accuse us of things quhich are notoriouslie false, quhich, to confute, I hold it altogither unnecessar, though verie easie to be done; and so much the more since ane answer is so peremptourilie required. This is not the way to bring the bussinesse to that peaceable conclusion which yow seeme to desire; wherefore, leaving these wayes, if peace it be ye would have, and comeing in that maner as becomes subjects to come to their Soveraigne his Commissioner, I shall then not only receave your petitions, but willinglie contribute my best endeavours with my Master, so farre as may stand with his honour and my duetie, for his graceous receaving yow into his favour, and establishing a future peace in the land, which, if it be alse heartilie desired of yow as it shall be reallie laboured for by me, I have no doubt of the good successe. So I rest, desirous yet to continow.
Hamilton.
From aboord the Rainbow,[203]
in Leith Road, 23 Maij, 1639.
1639.—[May.]
42. A Letter written from Sir James Carmichael and Lord Southeske to the Nobilitie of Scotland.[204]
We propounded to His Majestie according to the desires we had from yow, that yow might be admitted to come to His Majestie, to shew to his Majestie the trueth of things, and withall deprecat His Majesties wrath; quhilk motion of yours is not thought fitt, at this tyme, to be hearkened unto; yet His Majestie is so tender of the good of that his antient kingdome, that if yow come warranted from them by whom his auctoritie hath, in so high a measure, many wayes suffered, with such a submission as becomes duetifull subjects, he is most graceouslie pleased that yow come, and he will not barre his eares from any reasonable sute of any his good subjects, in such a way. And, therefore, yow are to consider with yourselves whither yow can bring any propositions that are worthie of his hearing, quherby they may shew themselves duetifull subjects, as, upon good grounds, may make show himself a graceous Prince, quhich, if it can be deserved, he is verie desirous to doe. Sic subʳ.
Southeske.
Ja. Carmichael.
1639.—May 25.
43. The Nobilities Letter to the Earl of Holland.[205]
Our Noble Lord,
As nothing can be more acceptable unto us then to heare that his Majestie were pleased to give just satisfaction unto us and all his good people, so shall we ever be willing, with all due respect, to remember and to honour all such as shall be so happie as be mediators to procure the same, which we acknowledge to be yours at this tyme; and, for our parte, shall, to the uttermost of our power, render all civile and temporall obedience to his Majestie, als tymelie and effectuallie as may be, with the safetie of our lives and safetie of the countrie. And, therefore, as we doe humbly intreat, and certainlie expect, that his Majestie is willing to cleare all doubts that may breid scruples in the mynds of his good subjects of either Kingdome, will, in his justice, recall all his forces by sea, which are here lying within our bosome, to our great hindrance—will recall our arreasted schipps in his Majesties uther dominions—will remove his armies from the Borders, for our securitie—and will be graciouslie pleased to give farder signification of his Majesties will for accommodation of effaires in such a peaceable way, whether by the confarence of some pryme and well-affected men of both nations, or any other meanes, (which we presume not to prescryve,) as may prove more powerfull then any thereof, already assayed, hath done: So doe we presently resolve, in all humilitie, to doe his Majesties will, in keeping our armies within the bounds of his Majesties limitation, and to performe all thinges we can conceave may conduce for our owne common peace.
The speedie effectuating of this on both sydes, as your Lordship knowes, to be his Majesties honour. So doe we knowe it to be the will of his Majesties Kingdome now in armes, whose present condition is such, that it cannot longer delay; and all men who looke upon us will perceave to be the scattering of that dark cloud which hings over the two Kingdomes. This blessed worke, if your Lordship, who hath begun so happilie, shall bring to passe, which, from the knowledge of his Majesties justice and goodnes, we suppose to be faseable be your Lordship and others who have access; and therefore intrust this Gentleman, Sir John Home of Blackader, Knyᵗ, with farder information; then shall we yet be farder oblidged to prove
Your Lordships humble Servants.
Lochend, the 25 Maij 1639.
Instructions.
You shall shew to my Lord Holland—
1. The true estate of the question—Whether we shall be governed by Generall Assemblies in matters of ecclesiasticall, and by Parliament in matters civill, unto whose decision we have ever submitted ourselves, our persons, our cause, and proceedings; and albeit Proclamations be wrapt up in generalls of Religion and Lawes, the ground of both are condemned in particulars, as our Covenant with God and the Generall Assembly, whereof we cannot obtaine our ratification in Parliament?
2. That we never had intention, either to diminishe his Majesties auctoritie and monarchie, or to invaid our neighbour Kingdome, but only to defend ourselves in the mentainance of religion and our liberties.
3. That we have hitherto used all meanes possible, by supplications and informations, to cleare our intentions to his Majestie and our neighbour nation.
4. That, to shew our greatest testimonie of our willing obedience, after by proclamation we were declaired rebellis and tratours, we most humblie renued our Supplications, wrote to sundrie Noblemen of England, and most heartillie consented to the prorogation of the Parliament.
5. That the English nation hes now lyen this fourtnight in our Firth, stopping all tredd and comers betwixt this and any uther nation, tackeing our schippes, boattes, and barkes, their goods and victualls and moneyes, deteining the men, both mariners and passengers, or forceing them to swear oathes contrare to our Religion and Lawes.
6. That many fastations and relations of our foull conspiracies (as they call them) are published to the world against us, and yet never ane of them suffered to come home to lett us know our accusations; that our estates be disposed to our tennents, and our lives subjected to all that would be rewarded for the takeing of them.
7. That, albeit it be strange that any forraigne army, after threatening our destructions, shall marche to our Borders, readie to come in upon us at their pleasure, and we, who intend and professe not to offend, but to defend ourselves, should be discharged from the bounds so lyable to barre invasion, yet, to give full satisfaction in everie poynt, are content to stay our armies upon assurance of the present removeing of the Navie from our Frith, and armies from our Borders.
8. It is likelie that matters of so great importance as is now to be intreated upon, cannot so shortlie be brought to ane conclusion as necessitie requires, by interchanging of Letters and intercourse of messingers. It doth, therefore, seeme convenient that a conference were appoynted betwixt some of the Nobilitie of England and some of our Nobilitie in some convenient place upon the Border March, so speedilie as may be, which, doubtlesse, will prove the most comodious way to accomodat bussinesse shortlie.
1639.—May.
44. The Oath of Alleadgeance.[206]
I, A B, doe swear, before the Almichtie God that I will bear all faithfull alleadgeance to my true and undoubted Soveraigne Lord, King Charles, who is lawfull King of this Island, and all other his Kingdomes and dominions, both by land and sea, by the laws of God and man, and by lawfull succession; and that I will constantlie and chearfullie, even to the uttermost of my power and hazard of my life, constantlie oppose all seditions, rebellions, conspiracies, Covenants, conjurations, and treasons quhatsomever, raised up or sett by against his Royall Dignitie, crowne, or persone, under what pretence or cullour whatsomever; and if it shall come, were it under pretence of religion, I hold it more abhominable before God and man: and this Oath I take voluntarlie, in the true faith of a good Christian and loyall subject, without any equivocation or mentall reservation, in whatsoever frame, whilk I hold no power upon earth can absolve me in any parte.
God Save the King!
1639.—May 29.
45. Letter from the King to Hamilton.[207]
Hamilton,
Having much Business, I refer you to Master Treasurer; yet this I think necessary to pass under my own Hand, (because of a Clause in yours of the 26th of this Moneth) that I am so far from having the least hint in my heart against you, that I would think my self a happy Man, if I could be as confident in the Faith, Courage, and Industry of the rest of my Commanders and Officers, as I am of you; which makes me really to be
Your assured constant Friend,
Charles R.
Berwick,
May 29ᵗʰ 1639.
1639.—May 29.
46. Heads of Conference betwixt Hamilton and some Covenanters.[208]
The whole Discourse (so far as I can remember of it) may be reduced to these Heads.
Their Invitation of your Excellence to go in person to His Majesty, to present their Desires, and to mediate for an Accommodation.
To this your Excellence answered,
First, that having full power from His Majesty to treat and conclude of all things concerning that Business, you held it unnecessary to go to him.
Secondly, your Excellence thought it unfit, you having so great a Charge here, which required your presence, and they having propounded nothing that could give sufficient occasion to such a Voyage to undertake it.
Thirdly, that if the distance from His Majesty were thought by them to be a hindrance to the Treaty, they might address themselves to His Majesty by such of the Nobility as were about him, who was not distant above threescore and twelve miles from the Leaguer.
They replied, that things would be more facilitated by your Excellence’s being there, wishing, that as you had a part in the beginning of these Affairs, you might have the Honour to put an end to them.
Your Excellence returned, that the Lords Traquair and Roxburgh, who were now with His Majesty, were imployed in them before you; which they acknowledged, but wished it had never been, confessing that they were spoiled before you had the managing of them.
Concerning a Cessation of Acts of Hostility, both by Sea and upon the Frontiers, where they complained of divers Insolencies committed by the Horse-troops of His Majesty; your Excellence answered, That in what concerned the first, you had committed none since your coming hither: true it was, you had stayed and taken many Barques and Boats, but some of them you had dismissed without touching any thing that they had in them; and these from whom you did take to supply your uses, you had paid them for it: that this day you had sent to Burnt-Island, and would doe so to other Places, to offer them full permission of Trade, provided they would swear not to carry Arms against His Majesty, and take the Oath of Fidelity; and for the Fishermen you required no Oath.
As for the other, namely some pretended Insolences upon the Frontiers, you knew of none, and believed not any; and if there was any it was their fault, by their deferring to return to their Obedience to His Majesty: and when they made Instance in some particulars, your Excellence did cut them short, and said, That it was an unfit thing, and nothing conducible to make an end of Business, for them to stand upon those Punctilios with their Soveraign; and for your particular, you would never be an Instrument of any dishonourable Act to His Majesty, such as would be the engaging him not to correct the Misdemeanours of his Subjects: that you had made a like Answer when you was demanded for Pass-ports to those that should come to you; which you had rejected, as judging it dishonourable for His Majesty to grant, or any of his Subjects to ask or capitulate with His Majesty for.
They pressed to know what His Majesty required of them, and what would be the extent of his condescending to their Desires in point of Conscience, namely touching Bishops, and the Acts of the last General Assembly; wherein they said if they might have satisfaction, they would cast at His Majesties feet their Bodies and Fortunes, to be disposed of at his Pleasure.
In answer to this your Excellence caused me read His Majesties Proclamation, wherein desiring to be cleared of His Majesties Intentions, in the particular of the Civil Obedience, your Excellence said, it was the retiring with their Troops, laying down their Arms, and the Nobilities waiting on him with their swords onely upon the Frontier, the restoring of his Majesties Castles unto such as His Majesty should appoint, and the demolishing of their own Fortifications unlawfully erected, and the like.
As for the enjoying of Liberty of Religion, wherein likewise they did press to know how far His Majesty would condescend to their humble Supplications, as likewise in the point of the Acts of the last pretended General Assembly, your Excellence answered, It would be so far as the Laws of the Kingdom did permit.
They asked who should judge of these Laws, and of their intention, and if it might be decided by a General Assembly: your Excellence answered, Yes, and that either His Majesty would call one, or your self, as His Majesties High Commissioner.
They desired to know if His Majesty would stand to the Award of such an Assembly, especially in what concerned the Acts of the later.
Your Excellence answered, His Majesty was not bound to it, as having his Negative Voice; which they not acknowledging, your Excellence added, that notwithstanding you were confident, that whatsoever should be agreed on by such an Assembly, called by His Majesties Command, and where the Members should be legally chosen, His Majesty would not onely consent unto them, but have them ratified in Parliament.
They desired your Excellence would limit them a time wherein to return, and treat further with you, with full power to conclude all things wherein they desired not to be pressed with scantiness of time, in regard of the Nobilities being dispersed in several places of the Country.
Your Excellence answered, it should be when themselves would, were it tomorrow or a moneth hence; for you assured them, they would find you so long in these quarters.
Lastly, they desired to know, what they might report of what your Excellence had assured them of His Majesties Intentions concerning Religion and the General Assembly.
Your Excellence answered, that as they brought no Commission to treat of all these particulars, but kept themselves within the limits of the Contents in their Letters, you would doe accordingly in your Answer, and that in writing they should receive something to-morrow.
1639.—June 2.
47. Letter from the King to Hamilton.[209]
Hamilton,
This day I received yours by the Lord Seaton, and find your Opinion therein very good, if I might spare so many men; but every one, (that I dare consult with about this) protesteth against the diminishing of one man from my Army: besides, I have no mind to stay here upon a meer Defensive, which I must do, if I send you that Strength you mention. Likewise I think that I have my Lord Hume sure, and am reasonably confident of my Lord Johnstown; I have good hopes too of Queensberry, and the Scots; therefore, all these things considered, it were a shame if I should be idle. Wherefore now I set you loose, to doe what mischief you can doe upon the Rebels for my Service, with those men you have; for you cannot have one man from hence. Leaving the rest to the relation of this honest Bearer, I rest
Your assured constant Friend,
Charles R.
Camp near Berwick,
2 June 1639.
1639.—June 4.
48. Letter from Sir Harry Vane to Hamilton, and P.S. by the King.[210]
My Lord,
By the Dispatch Sir James Hamilton brought your Lordship from His Majesties Sacred Pen, you were left at your liberty to commit any act of Hostility upon the Rebels, when your Lordship should find it most opportune: since which my Lord Holland with 1000 Horse and 3000 Foot marched towards Kelso, himself advanced towards them with the Horse (leaving the Foot three miles behind) to a Place called Maxwel-heugh, a height above Kelso; which when the Rebels discovered, they instantly marched out with 150 Horse, and (as my Lord Holland says) eight or ten thousand Foot; five or six thousand there might have been. He thereupon sent a Trumpet commanding them to retreat, according to what they had promised by the Proclamation. They asked whose Trumpet he was, he said my Lord Holland’s; their answer was, he were best to be gone. And so my Lord Holland made his Retreat, and waited on His Majesty this night, to give him this account.
This morning Advertisement is brought His Majesty, that Lesley with 12,000 men is at Cockburns-path, that 5000 men will be this night or to morrow at Dunce, 6000 at Kelso; so His Majesty’s opinion is, with many of his Council, to keep himself upon a Defensive, and make himself here as fast as he can: for His Majesty doth now clearly see, and is fully satisfied in his own Judgement, that what passed in the Gallery, betwixt His Majesty, your Lordship, and my Self, hath been but too much verified on this occasion. And therefore His Majesty would not have you to begin with them, but to settle things with you in a safe and good posture; and yourself to come hither in person, to consult what Counsels are fit to be taken, as the Affairs now hold. And so wishing your Lordship a speedy passage, I rest
Your Lordships most humble Servant,
and faithful Friend,
H. Vane.
From the Camp at
Huntley-field this
4ᵗʰ of July [June] 1639.
Having no time to write my Self so much, I was forced to use his Pen; therefore I shall only say, that what is here written, I have directed, seen, and approved.
C. R.
1639.—June [7 or 8.]
49. Supplication by the People of Scotland to the King.[211]
To the Kings most Excellent Majestie,
The Supplication of His Majesties Subjects of Scotland,
Humbly sheweth,
That where the former meanes used by us have not beene effectuall for recovering your Majesties favour, and the peace of this your Majesties native Kingdome, we fall doune againe at your Majesties feete, most humbly supplicating that your Majestie would be graceouslie pleased to appoynt some few of the many worthie men of your Majesties Kingdome of England, who are well affected to the true religion, and to our common peace, heareby some of us of the same disposition, our humble desires, and to make known to us your Majesties graceous pleasure; that, as by the providence of God we are joyned in one Island under one King, so, by your Majesties great wisdome and tender care, all mistakeing may be speedilie removed, and the two Kingdomes may be kept in peace and happinesse under your Majesties long and prosperous reigne; for which we shall never cease to pray, as becometh your Majesties most humble Subjects.
1639.—June 7.
50. The Answer sent from the King by Sir Edmond Verney.[212]
The Kings Majestie having read and considered the humble supplication presented unto him by the Earle of Dumfermling, hath commanded me to returne this answer—That whereas his Majestie hath published a graceous Proclamation to all his subjects of Scotland, whereby he hath given them full assurance of the free enjoying both of Religion and Lawes of that Kingdome, and likewise a free pardon, upon their humble and duetifull obedience; which Proclamation hath been hitherto hindred to be published to most of his said subjects; Therefore, his Majestie requires, for the full information and satisfaction of them, that the said Proclamation be publictlie read. That being done, his Majestie will be graceouslie pleased to heare any supplication of his subjects.
1639.—June 8.
51. Sir Edmond Verney, his Memento of the Answer from the Scotts Noblemen.[213]
His Majesties Proclamation which I desired, in his Majesties name, to be published, wes called for by the Noblemen and others conveened to heare his Majesties graceous desire, and, with all due reverence, was read and heard; unto which these Answers were made:—
That they are most willing, in all humilitie, to receave his Majesties just commandment, as becometh loyall subjects: That the Estates being convened for holding the Parliament called by his Majestie, had receaved, from the Magistrats of the towne of Edinburgh, a copie of this Proclamation, which his Majesties High Commissioner had commanded them to publishe; and the said Estates, considering thereof seriouslie, did returne thir reasons to his Majesties Commissioner, why it could not be published, which they doe conceave were represented to your Majestie by your Commissioner, and thereunto they still adhere.
1. And ane of the reasons which I did heare from them was, that this Proclamation did not come in the ordinary and legall way—by his Majesties Counsell—which both is the law, and hath been the perpetuall custome of this Kingdome, and was acknowledged by the whole Counsell, ever since the beginning of this Commotion. In the presence of his Majesties Commissioner it was remembered also, that both his Majesties Counsell and Senatours of the Colledge of Justice, being divers tymes since conveined, did testifie their dislyke thereof.
2. Another reason was, that they found it to be most prejudiciall to his Majesties honour, who is desirous to govern according to law.
3. A third was, that it was destructive of all their former proceedings, as traterous and rebellious, which, notwithstanding, they mentaine to be religious and loyall.
4. A fourth was, that whereas the meanest subject cannot be declaired a tratour by proclamatioun, nor his estate forfect but after citation and conviction in Parliament, or the Supreme Justice-Court, yet herein the whole bodie of the Kingdome, without any citation or conviction, are declaired rebellis and tratours, and their estates disponed to their vassells and tennents.
A last was, that they were persuaded this did not flow from his Majesties royall disposition, but from men evill affected to the peace of the Kingdome; and that this was so farre from giving satisfaction to his Majesties subjects, that it so dissolved all the bonds of union betwixt his Majestie and his native Kingdome, that there could be no hope of accommodation modation of effaires thereafter in a peaceable way, which hath ever been their desire; and that they were confident that his Majestie would take in his royall consideration how illegall in maners, and prejudiciall in matters, this is, both to his Majesties honour, and the weill of his Kingdome, and especiallie to the intendit pacification; and that his Majestie will be well pleased to send a graceous answer to their humble Supplication sent by my Lord Dumfermling.
1639.—June 8.
52. The King’s Answer.[214]
At the Kings Campe, the 8 of Junii 1639.
His Majestie having understood of the obedience of the Petitioners in reading his Proclamation as was commanded, is graceouslie [pleased] so farr to condescend to their Petition, as to admit some of them to repaire to his Majesties campe upon Munday next, at 8 a clock in the morning, at the Lord Generalls tent, where they shall find six persones of honour and trust, appoynted by his Majestie, to heare their humble desires.
Johne Cook.
1639—June 8.
53. The Scotts Desire and Draught of a Safe Conduct.[215]
Whereas the Subjects of our Kingdoms of Scotland, have humbly supplicated that we may be graceouslie pleased to appoynt some of this our kingdome to heare, by such as shall be sent from them, their humble desires, and to make knowne to them our grave pleasure; unto which Supplication we condiscend so farre as to admitt some of them to repaire to our campe, upon Munday, at 8 of the clock in the morning; and, becaus they may apprehend danger in their comeing abroad, or returning, we doe offer them, upon the word of a Prince, that the persones sent from them shall be safe and free from all trouble and restraint, whereof these shall be a sufficient warrant.
We trust His Majestie will favourablie construct this our humble requyreing of a safe conduct, since, when our confidence is in his graceous Majestie, we desire no further but assurance under his royall hand—albeit, by statuts of England which were before cited to my Lord Dalyell—all assurance and conducts are declaired to be null, if they have not passed the Great Seale of England.
The Proclamations published throughout the paroche churches of England, and these later sent to be published in Scotland, declairing us His Majesties subjects to be Rebellis, and our proceedings to be treacherous, forefeiting our estates, and threatening to destroy us, lay a necessitie upon us who desire to cleare ourselres, to crave a safe contact to his Majestie.
The former refusall of a safe conduct to His Majesties Councell and Session; when they craved libertie to goe up and informe His Majestie of the true estate of our bussinesse, and to ourselves, when we desired libertie to cleare out proceedings and intentions to His Majestie, showes the greater necessitie of our craving the same for to give a full and free information of our affaires.
This refusing of a safe conduct being knowne to the Army, makes them more unwilling then before, that any should goe there.
Hereupon the former warrant of a safe conduct, subscryved be John Cook, was alse subscryved be the King.
1639.—June 8.
54. The Humble Desires of His Majesties Subjects of Scotland, at the first going of the Scotts Commissioners.[216]
1. First, It is our humble desire that His Majestie would be graceouslie pleased to assure us that the Acts of the late Assembly at Glasgow, indicted by His Majestie, shall be ratified in the ensuing Parliament, to be holden at Edinburgh the 23 of Julii, since the peace of the Kirk and Kingdome cannot indure farther prorogation.
2. That His Majestie, from his tender care of the preservation of our religion and lawes, will be graceouslie pleased to declaire and assure that it is his royall will, that all matters Ecclesiasticall be determined by the Assemblies of the Kirk, and matters civill by Parliament, which are for His Majisties honour, and keeping peace and order amongst the subjects in the tyme of His Majesties personall presence.
3. That a blessed pacification may be speedilie brought about, and His Majesties subjects may be secured, our humble desire is, that His Majesties schippes and forces by land may be recalled; that all persons goods and schipps arreasted, may be restoired; the losses which we have sustained by the stoping of our trade and negotiating, be repaired, and we made safe from violence and invasion; and that all excommunicat persons, all incendiaries and misinformation against the kingdome, who hes, out of malice, caused these commotions for their owne privat ends, may be returned to suffer their deserved punishment, and the Proclamations sent abroad by them under His Majesties name, to the dishonouring of the King and defameing of the kingdome, may be suppressed; as these are our humble desires, so it is our griefe that His Majestie should have been provoked to wrath against us His Majesties most humble and loyall subjects, and shall be our delight, upon his Majesties assurance, of the preservation of our religion and lawes, to give example to uthers of all civill and temporall obedience which be required or expected of loyall subjects.
That our desires are only the injoying of our religion and liberties, according to the ecclesiasticall and civile lawes of his Majesties kingdome, to cleare by sufficient grounds that the particulars which we humbly crave are such, and shall not insist to crave any pairt which is not so warranted, and that we humblie offer all civill and temporall obedience to his Majestie which can be required or expected by loyall subjects.
Reasons and grounds of our humble desires.
I. We did first desire a ratification of the late General Assembly in the insuing Parliament.
First, Becaus the civill power is keeper of both Tables; and, wherever the Kirk and Kingdome are ane bodie, consisting of the same members, there can be no firme peace nor stabilitie of order, except the ministers of the Kirk, in their way, presse obedience of the civill law, and magistrate and their civill power, and their sanction and auctoritie of the constitutions of this Kirk.
2. Secondlie, Becaus the late Generall Assemblie, indicted by his Majestie, was lawfullie constitut in all the members, according to the institution and orders prescryved by the Acts of former Assemblies.
3. Thirdlie, Becaus no particular is inacted in the late Assemblie which is not grounded upon the Acts of preceding Assemblies, and is either expressly contained in them, or, by necessarie consequent, may be deduced from them: That the Parliament be keeped without prorogation, his Majestie knowes how necessar it is, since the peace of the Kirk and Kingdome call for it without longer delay.
II. We did secondlie desire that his Majestie would be pleased to declaire and assure, that it is his royall will that all matters ecclesiasticall be determined by the Assemblies of the Kirk, and matters civile by the Parliament, and other inferior judicatories established by law; becaus we know no other way of preservation of our religion and lawes, and becaus matters so different in nature ought to be treated respective in their owne propper judicatories. It was also desired that Parliaments might be holden at sett tymes, as once in two or thrie years, by reason of his Majesties personall absence, which hindereth his subjects in their complaints and grievances to have immediat accesse to his Majesties presence.
And whereas his Majestie requires us to limite our desires to the injoying of our religion and liberties, according to ecclesiasticall and civile lawes respective, that we never intend further then the injoying of our religion and liberties, and that all this tyme past it was far from our thoughts to diminish the auctoritie of our native King and dread Soveraigne, or to make any invasion upon the kingdome of England, which are the calumnies forged and spread against us by the malice of our adversaries, and for which we humbly desire that in his Majesties justice they may have their owne censure and punishment.
III. Thirdlie, we desired a blessed pacification, and did express the most readie and powerfull means which we could conceave for bringing the same speedilie to passe, leaving other meanes serving for that end to his Majesties royall consideration and grave wisdome.
Answer to the Querees propounded by his Majestie.
The querees propounded by his Majestie, are—First, Whither his Majestie hath the power of the sole indiction of the Generall Assembly?
Secondlie, Whither his Majestie hath a negative voice in Assemblies?
Thirdlie, Whither the Assembly may sitt, after his Majestie, by his auctoritie, hes discharged them to sitt?
I. Unto all which we answer, First, That it is propper for the Generall Assembly, by itselfe, to determine questions of this kinde; and it is no lesse than usurpation in us, which might bring upon us the just censure of the Generall Assembly, to give out determination.
II. Secondlie, The answering of ane of these three demands is the answering of all; for if the sole indiction of the Generall Assembly doe belong to his Majestie, there needs no question about the negative voice and dissolving of Assemblies. Next, if his Majestie hes a negative voice, there needeth no question concerning the indiction and discharging. Thirdlie, If his Majestie may discharge the Assembly, there needeth no question about the other two.
For our partes, we doe humbly acknowledge that the Kings Majestie hath power to indict the Assemblies of the Church, and whensoever in his wisdome he thinketh convenient he may use his auctoritie in conveining Assemblies of all sorts, whether generall or particular. We doe acknowledge also that the solemn and publict indiction, by way of proclamation and compulsion, doth belong propperlie to the Magistrat, and can neither be given to the Pope nor to any forragne power, nor can it, without usurpation, be claimed by any of his Majesties subjects; but we will never thinke but that in case of urgent and extreme necessitie, the Church may, be her selfe, convene, continow, and give out her owne constitutions for the preservation of religion.
1. God hath given power to the Church to conveene; the love of God hath promised his assistance to them being conveened; and the Christian Churches hes, in all ages, used this as the ordinary and necessarie meanes for establishing of religion and pietie, and for removeing of the evills of heresie, scandalles, and uther thinges of that kind, which must be, and would bring the Church to be in miserie, if by this powerfull remeadie they will not be cured and prevented.
2. Secondlie, According to this divine right, the Church of Scotland hath kept her Generall Assemblies with a blessing from heaven; for whill our Assemblie hath continowed in their strenth, in the doctrine, in the worship and discipline, the unitie and peace of the Church continowed in vigour, pietie and learning wer advanced, and profanenes and idlenes wer censured.
3. The Church of Scotland hath declaired, that all ecclesiasticall Assemblies hath power to conveene lawfullie for treating of things concerning the Church and pertaining to their charge, and to appoynt tymes and places for that effect.
4. The liberties of this Church for holding Assemblies is acknowledged by Parliament, and ratified anno 1593 1592 and that upon the ground of perpetuall reason.
5. Becaus there is no ground, either by Act of Assembly or Parliament, or any preceding practice, neither in the Christian Church of old, nor yet in our owne Church since the Reformation, whereby the Kings Majestie may dissolve the Generall Assembly, or assume unto himselfe a negative voice; but, upon the contrare, his Majesties prerogative hes [is] declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers of his Church, which are most frequentlie ratified in Parliament, and especiallie in the last Parliament holden by his Majestie.
6. By this meanes, the whole frame of religion and Church Jurisdiction shall depend absolutelie upon the pleasure of the Prince; whereas his Majestie hath publictlie declared, by publict proclamation in England, that the Jurisdiction of the Churchmen, in their meetings and Courts holden by them, doe not flow from his Majesties auctoritie, notwithstanding any Act of Parliaments which hath beene made to the contrare, but from themselves, in their owne power; and that they hold their courts and meeting in their oune name.
7. That whereas His Majestie, upon the 12 of June, receaved a paper of the schort generall grounds and limits of their humble desires, his Majestie was graceouslie pleased to make this answer, viz., that if their desires be only the enjoying of religion and liberties, according to the ecclesiasticall and civill lawes of his Majesties Kingdome of Scotland, his Majestie doth not onlie agrie to the same, but shall also protect them to the uttermost of his power; and if they shall not insist upon any thing but that which is warranted, his Majestie most willinglie and readdilie [will] condiscend thereto; so that, in the mean tyme, they pay unto him that civill and temporall obedience which can be justlie required and expected of Loyall Subjects.
1639.—June 18.
55. Declaration by the King, and Terms of the Treaty.[217]
Charles R.
We having considered the Papers and humble Petitions presented to Us, by those of Our Subjects of Scotland who were admitted to attend Our Pleasure in the Camp, and after a full hearing by Our Self, of all that they could say or alledge thereupon, having communicated the same to Our Council of both Kingdoms, upon mature Deliberation, with their unanimous Advice, have thought fit to give them this Just and Gracious Answer; That though We cannot condescend to ratifie and approve the Acts of the pretended General Assembly at Glasgow, for many grave and weighty Considerations which have happened, both before and since, much importing the Honour and Securitie of that true Monarchical Government lineally descended upon Us from so many of Our Ancestours; yet such is Our Gracious Pleasure, that, notwithstanding the many Disorders committed of late, We are pleased not only to confirm and make good whatsoever Our Commissioner hath granted and promised in Our Name; but also, We are further Graciously pleased to declare and assure, that, according to the Petitioners humble Desires, all matters Ecclesiastical shall be determined by the Assembly of the Kirk, and matters Civil by the Parliament, and other inferiour Judicatories established by Law; and Assemblies, accordingly, shall be kept once a year, or as shall be agreed upon at the next General Assembly.
And for settling the general Distractions of that Our Ancient Kingdom, Our Will and Pleasure is, that a Free General Assembly be kept at Edinburgh the sixth day of August next ensuing, where We intend (God willing) to be personally present, and for the Legal Indiction whereof, We have given Orders and Command to Our Council; and thereafter a Parliament to be holden at Edinburgh the twentieth day of August next ensuing, for ratifying of what shall be concluded in the said Assembly, and settling such other things as may conduce to the Peace and Good of Our Native Kingdom, and therein an Act of Oblivion to be passed.
And whereas We are further desired, that Our Ships and Forces by Land be recalled, and all Persons, Goods, and Ships be restored, and they made safe from Invasion, We are Graciously pleased to declare, That upon their disarming and disbanding of their Forces, dissolving and discharging all their pretended Tables and Conventicles, and restoring unto Us all our Castles, Forts, and Ammunitions of all sorts, as likewise Our Royal Honours; and to every one of Our good Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and detained from them since the late pretended General Assembly, We will presently thereafter recall Our Fleet and retire Our Land-Forces, and cause Restitution to be made to all persons, of their Ships and Goods detained or arrested since the aforesaid time: whereby it may appear, that Our Intention in taking up of Arms was no ways for invading Our Own Native Kingdom, or to innovate the Religion and Laws, but mainly for the maintaining and vindicating of Our Royal Authority.
And since that hereby it doth clearly appear, that We neither have, nor do intend any Alteration in Religion and Laws, but that both shall be maintained by Us in their full Integrity, We expect the Performance of that humble and dutiful Obedience, which becometh loyal and dutiful Subjects, and as in their several Petitions they have often professed.
And as We have Just Reason to believe, that to Our peaceable and well-affected Subjects this will be satisfactory; so We take God and the World to witness, that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their Disobedient Courses, is not occasioned by Us, but by their own procurement.