Miscellaneous Historical Documents. RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1643. (continued 3)

And His Majesty hath formerly expressed Himself (and still continues) willing, that the Debates of Religion may be entred into by a Synod of Learned and Godly Divines, to be regularly chosen, according to the Laws and Customs of this Kingdom; to which end His Majesty will be very willing, that some Learned Divines of the Kirk of Scotland may be likewise sent to be present, and offer their Reasons and Opinions.

1643.—April 19. 13. Last Answer by the King to the Scots Commissioners.316

It is acknowledged by His Majesty, that if any one of the Articles of Treaty had been broken or violated, (as His Majesty doth not so much as see pretended) or any Debate or Difference had risen thereupon, (about which there is now no Dispute) the Commissioners had then been not only warranted, but obliged to have laboured to prevent all Troubles and Divisions, which might arise by such a Breach to the disturbance of the Common Peace, and to remove and compose all such Differences, according to such Power as was granted to them: but till His Majesty be satisfied, that Authority (by some Law) is given to the Commissioners for Conserving the Articles of Treaty, to represent His Majesties Native Kingdom of Scotland, in this Offer of Mediating for a desired and blessed Pacification here; His Majesty cannot see how the pious, dutiful, provident or charitable, Concernment of that Kingdom in the Calamities of this, or their Sympathy and sense of the Troubles of their Head, and fellow-Subjects, can interest the Commissioners, any more than any other of His good Subjects of that Kingdom, to bestir themselves in Matters of that kind: or why any such Endeavours should be by any (much less universally) expected from them; so far is he from seeing that any undeclinable Necessity constrained them to it. And since the express words of the Act of Pacification it self are, that the Power of the Commission shall be restrained to the Articles of Peace concluded in the Treaty, His Majesty cannot but wonder, whence they can pretend any Obligation or Authority to meddle with, or press him concerning any such Articles, as are not included, but still left dependent, how important soever they suppose them to be, (even to the Common Peace:) And it giving them only liberty to convene to that effect among themselves, or with the Commissioners chosen by His Majesty with consent of the Parliament of England, and restraining them in all their Proceedings to the Power granted to them, in manner aforesaid and no otherwise, as clearly intending to restrain all Power that might be pretended to by any Inferences, Analogies or Consequences (how manifest soever they might appear) and requiring them to consist of the number of Twelve, and not giving them Power to delegate a smaller number; His Majesty cannot consent, That that number the Laws allow not (that is, Three) should address themselves to those the Law hath not appointed them (this is, Both Houses) not only concerning that which the Law intrusted not to them, (as a Pacification here) but even concerning that from which the Law expressly restrains them, that is, one of the Articles of the Treaty no way concluded, or agreed on, but expressly reserved by the Parliament to be considered in due time, that is, in their own time, concerning Church-Government, the intermixture of which with the Civil State, as His Majesty still conceives to be very great, and of very high Concernment, and not to be understood by the Commissioners, who have not the knowledge of the Laws and Policy of this Kingdom; so His Majesty is confident, (notwithstanding the Declaration, and Bill abolishing the Order of Bishops) that if they well knew, how generally any thing of that kind was opposed whilst the Houses continued full, and how the Major part of both Houses were absent at the passing of that Declaration and Bill, (in so much that His Majesty, is credibly informed, that there were not above five Lords present when the Bill past) and what violent and tumultuous Assemblies had occasioned so great and unusual Absence, they would be confident, as he is, that in a full and peaceable Convention of Parliament, Both Houses will appear to be of the same opinion with His Majesty in this Particular, and to have in that the same thoughts of the Law and Policy of this Kingdom.

His Majesties care that the deluge of the Troubles of this Kingdom affect not that with the danger of the like, is very visible to all the World. His Majesty out of His great desire of continuing them in Peace and Tranquillity, not desiring any assistance from them, even for his own Preservation. And whoever doth desire any Commotion there, to assist their Rebellious and Invasive Armes here, will (He hopes) be lookt upon as the Troublers of Peace, and as Incendiaries labouring to lay foundations of perpetual Hostility betwixt the Two Kingdoms. And then (for ought His Majesty can see) there will be no cause to expect any Commotions there, and such Dangers will rather prove imaginary than real, though the Conservatours of the Treaty contain themselves within their Legal and proper Bounds. His Majesty wonders, that since His approbation of their Mediation was desired when His Safe-conduct was asked, and the first was not given, when the latter was, that it should not have been easily seen by these Proceedings of His Majesties, that as He never granted the first, (as seeing no Authority they had for such a Mediation) so He only at last granted the other, as being contented to hear what they could say to Him upon that Point, either as private persons, or to give Him better satisfaction than He could give Himself, what Right they could pretend to any Publick Capacity of that kind: but having heard all they have offered, and not finding any thing that warrants them in this, in any special manner above His Majesties other Subjects, His Majesty cannot with reason admit of any Private Persons whatsoever into such a Publick Capacity, nor with His own Dignity, and that of this Nation, can allow His Subjects of another Kingdom, not authorized by any Law, to make themselves (under the title of a Mediation) Umpires and Arbitrators of the Differences here.

For the Calling of a Parliament in Scotland, His Majesty desires to know what Promise of His it is, which they mention Him to have particularly expressed to His late Parliament. The Law which His Majesty then Graciously past concerning that Point, His Majesty well remembers, (and will justly, punctually, and religiously observe it, together with all the rest consented to by Him,) that the Parliament there shall convene upon the first Tuesday of June, 1644. And, according to the same Act, will appoint one betwixt this and that Day, if His Majesty shall think fitting; who as He is by that very Law expressed to be sole Judge of that Convenience, so the Commissioners are neither by that, nor any other Law, entrusted, or enabled to Judge thereof.

At Oxford, 19ᵗʰ of April, 1643.

1643.—April 21. 14. Letter from Hamilton to the Queen.317

May It Please Your Majesty,

There is as yet small or no Alteration in the Condition of Affairs in the Country, since I presumed to trouble Your Majesty last; nor do I believe there will be any till the fourth of May, at which time it is probable, the final Resolution of the Council and Commissioners for Conserving the Articles of the Treaty will be taken. It is still conceived, that His Majesties absent Servants would be of great use at that time; and the uncertain knowledge, if they will come or not, keeps us that are here, from a positive Resolution what course to take therein; therefore I humbly beseech Your Majesty, let us know if by appearance we may expect them or not.

There is a general noise, as if the Lord Chancellour and the rest of the Commissioners, were not only kept as Prisoners, but in some further Danger. By Mungo Murray Your Majesty was advertised, that it was conceived fit, that seeing those that sent them had so positively recalled them against the fourth of May, they should be dispatched against that Time. In our opinions there was no Danger now to be apprehended by their Home-coming, but there would arise great Inconveniences if they should be detained: of that same Judgment we continue to be still.

We do likewise humbly intreat, that we may know if what was proposed to Your Majesty by my Lord of Traquair, Mr Murray, and my self, be come to his Majesties knowledge: and if we may expect the signification of his Pleasure, against the fourth of May, in these Particulars, which we exceedingly wish.

By the Lord Montgomery Your Majesty will know, how far the General hath promised his best Endeavours, that His Majesty shall receive no prejudice from the Army under his Command in Ireland; the same he hath confirmed to me with deep Protestations, and truely I take him to be a man of that Honour that he will perform it.

But the Truth is, it will be a Work of great difficulty to keep these Men there any time, seeing there is little appearance that Money will be got from the Parliament of England, and how to raise any considerable Sum here, as yet we see not; so even in this we desire to know Your Majesties Pleasure and Directions, what Course will be fitest to be taken; and if Your Majesty shall find it expedient, that we engage our Fortunes for their Supply, many of us will do it to the last Peny, and none more readily than,

May it please Your Majesty, the humblest, most faithful, and most obedient, of all Your Majesties Servants,

Hamilton.

Peebles, 21st April, 1643.

1643.—April 21. 15. Instructions by the King to the Marquis of Hamilton and others.318

Charles R.

Instructions to Our Right Trusty and Well-beloved Cousins and Councellours, James Marquis of Hamilton, William Earl of Morton, William Earl of Glencairn, Robert Earl of Roxburgh, George Earl of Kinnoule, David Earl of Southesk, William Earl of Lanerick.

I. That you endeavour by all fair and lawful Means to prevent Division among Our Subjects in Scotland.

II. That you give all the Assurances in Our Name which can be desired, of Our Resolution to preserve inviolably the Government of that Kingdom, as it is now established by Assemblies and Parliaments.

III. That you take what Courses you shall think most fit, for causing Print and Publish, either in Scotland or at York, Our Declarations which We now send with you to that Our Kingdome, and all such other Papers as We shall hereafter send thither, or which you shall conceive may conduce to the good of Our Service; and for that purpose, make use of such Blanks as We have thought fit to entrust you with.

IV. That seeing We perceived by Pickering’s Letters, Our Two Houses of Parliament intend to send Commissioners or Agents to Scotland, you shall endeavour by all fair Means, to hinder any of Our Judicatories to Treat with them, and for that purpose make use of any of the aforesaid Blanks.

V. That seeing We conceive it would exceedingly conduce to the good of Our Service, that the Lords of Session would explain the Commission granted by Us and Our Parliament to the Conservatours of the Treaty, you shall for that purpose likewise make use of the foresaid Blanks, either to them all in general, or to such of them in particular as you shall think most fit.

VI. That you endeavour to hinder the liberty which (possibly) Ministers may take to themselves in the Pulpits, of Censuring Our Actions, or stirring up the People against Us, and to that purpose make use of the said Blanks to the Council or Commissioners of the Assembly, as you shall think necessary.

VII. That in case you apprehend any danger to Our Service from the Return of the Scotish Army in Ireland, you shall declare Our readiness, to contribute any thing which is in Our Power for the Maintenance thereof, even to the Engaging of Our Revenues in Scotland, for raising Moneys to be so imployed; and to that end you shall make use of the foresaid Blanks.

VIII. If you shall find it necessary, you shall likewise make use of some of the Blanks to the Council, declaring expressly Our Pleasure, That that Army shall not be recalled until We be acquainted therewith, and to the Earl of Leven, discharging him to obey any Orders whatsoever for that end, until he know Our further Pleasure.

IX. If you shall find it necessary, you shall make use of some Blanks to Our Council, recalling all former Commissions which have been granted, for Levying and Transporting of Men out of that Kingdom over to France or Holland.

X. You shall make use of these Blanks to some of Our Council and Exchequer, for discharging the Arrears, and disposing a plenary Right of the Annuities to those particular persons that have Petitioned Us thereabout, and to surcease all execution against all others until the 31ᵗʰ day of August next.

XI. You shall make use of these Blanks to such of Our Council and others, as you shall find fit, for encouraging them to attend the Meetings of Our Council, and to continue the Testimonies of their Affection to Our Service, with assurance of Our Resentment thereof.

XII. We do hereby authorize Our Secretary the Earl of Lanerick, by your advices to fill up these Blanks, and to Sign them with Our Court-Signet; and for his and your so doing, this shall be your Warrant.

C.R.

From Oxford the 21ᵗʰ April, 1643.

1643.—April 21. 16. His Majesties Declaration to all his loving Subjects in his Kingdom of Scotland.319

Charles R.

As there hath been no mean left unattempted which the malice and wit of Rebellion could devise, to infect and poyson the Affections and Loyalty of Our good Subjects of Our Kingdom of England, and to withdraw their Hearts from Us by the most pernicious and desperate Calumnies, that could be invented to under-value and lessen Our Reputation with Foreign Princes, by Injuries and Affronts upon their Publick Ministers, and by presuming to send Agents qualified for Negotiation without Our Consent, and in truth, to expose Us, and Our Royal Authority to Scorn and Contempt, by assuming a Power over Us; so the pernicious Contrivers of these bloody Distempers have not delighted in any Art more than in that, by which they have hoped to stir up Our good Subjects of that Our Native Kingdome of Scotland to joyn with them, and to infuse in them a jealousie and disesteem of Our true Affection, and Our Gracious Intentions towards that Nation. To this purpose they have used great Industry to convey into that Our Kingdom, and to scatter and disperse there divers Seditions Pamphlets, framed and contrived against Our Person and Government, and have sent Agents of their own to reside there; and to promote their Designs, one of whom, lately resident there, one Pickering, by his Letters of the 9ᵗʰ of January to Mr Pym, assures him of the Concurrence of that Kingdom, and that the Ministers in their Pulpits, do in downright terms press the Taking up of Arms, and in another of his Letters to Sir John Clotworthy, sayes, that the Trumpet sounded to the Battel, and all cryed, Arm, Arm, with many other bold, scandalous, and seditious Passages, very derogatory from the Duty and Affection, which We are most confident Our good Subjects of that Our Native Kingdom bear to Us. To this purpose they traduce Us with raising and making War against Our Parliament, of having an Army of Papists, and favouring that Religion; of endeavouring to take away the Liberty and Property of Our Subjects: and upon these grounds they have presumed by a Publick Declaration to invite Our good Subjects of Our Kingdom of Scotland to joyn with them, and to take up Arms against Us their Natural Liege Lord. Lastly, to this purpose they endeavour, as well in Publick as by secret Insinuations, to beget an apprehension in them, that if We prevail so far here, as by the blessing of God to preserve Our self from the Ruine they have designed to Us, the same will have a dangerous influence upon that Our Kingdom of Scotland, and the Peace established there; and that Our good Laws lately established by Us for the Happiness and Welfare of that Our Native Kingdom will be no longer observed, and maintained by Us, than the same Necessity, which they say extorted them from Us, hangs upon Us, but that We will turn all our Forces against them: a Calumny so groundlessly and impiously raised, that if We were in any degree conscious to Our Self of such wicked Intentions, We should not only not expect a dutiful Sense, in that Our Native Kingdom, of Our Sufferings; but should think Our Selves unworthy of so great Blessings, and eminent Protection as We have received from the hands of the Almighty, to whom We know We must yield a dear Accompt for any Breach of Trust, or failing of Our Duty toward Our People.

But as We have taken special Care, from time to time to inform Our good Subjects of that Our Native Kingdom of the Occurrences here, particularly by Our Declaration of the 12th of August, wherein is a clear, plain Narration of the beginning and progress of Our Sufferings to that time; so the bold and unwarranted Proceedings of these Desperate Incendiaries, have been so publick to the World, that Our good Subjects of Scotland could not but take notice of them, and have observed, that after We had freely and voluntarily consented to so many Acts of Parliament, as not only repaired all former Grievances, but also added whatsoever was proposed to Us, for the future benefit and security of Our Subjects; insomuch as in truth there wanted nothing to make the Nation compleatly Happy, but a just sense of their own excellent Condition, a few discontented, ambitious, and factious Persons so far prevailed over the Weakness of others, that instead of receiving that return of Thanks and Acknowledgment, which We expected and deserved, Our People were poysoned with Seditious and Scandalous Fears and Jealousies concerning Us; We were encountered with more unreasonable and importunate Demands, and at last were driven through Force and Tumults to flee from Our City of London, for the Safety of Our Life. After which We were still pursued with unheard-of Insolences and Indignities, and such Members of either House as refused to joyn in these unjustifiable Resolutions, were driven from these Councils, contrary to the Freedom and Liberty of Parliament, insomuch that above four parts of five of that Assembly was likewise forced, and are still kept from thence; Our Forts, Towns, Ships, and Arms, were taken from Us, Our Money, Rents, and Revenues, seized and detained; and that then a powerful and formidable Army was raised and conducted against Us, (a good part of which was raised and mustered, before We had given Our Commissions for Raising One Man) that all this time We never deny’d any one thing, but what by the known Law was unquestionably Our Own; That We earnestly desired and pressed a Treaty, so that We might but know at what price We might prevent the Miseries and Desolation that were threatened; That this was absolutely and scornfully refused and rejected, and We compelled with the assistance of such of Our good Subjects as came to Our Succour, to make use of Our Defensive Arms for the Safety of Our Life, and Preservation of Our Posterity. What passed since that, Battel hath been given Us, Our Own Person and Our Children endeavoured to be destroyed, those unheard-of Pressures have been exercised upon Our poor Subjects by Rapine, Plundering, and Imprisonment, and that Confusion which is since brought upon the whole excellent Frame of the Government of this Kingdome, is the Discourse of Christendom. We are very far from making a War with or against Our Parliament, of which We Our Selves are an essential part: Our principal Quarrel is for the Priviledges of Parliament, as well those of the Two Houses as Our Own; if a few Persons had not, by Arts and Force, first awed, and then driven away the rest, these Differences had never arisen, much less had they never come to so bloudy a Decision. We have often accused those Persons against whom Our Quarrel is, and desired to bring them to no other Trial than that of the Law of the Land, by which they ought to be tried. As We have been compelled to take up these Defensive Arms for the Safety of Our Life, assaulted by Rebellious Arms, the Defence of the true Reformed Protestant Religion, scornfully invaded by Brownists, Anabaptists, and other Independent Sectaries, (who in truth are the principal Authors, and sole Fomenters of this unnatural Civil War) for the Maintenance of the Liberty and Property of the Subjects, maliciously violated by a vast unlimited Arbitrary Power, and for the Preservation of the Right, Dignity, and Privileges of Parliament, almost destroyed by Tumults and Faction: so what hath by Violence been taken from Us, being restored, and the Freedom of Meeting in Parliament being secured, We have lately offered (though We have not been thought worthy of an Answer) to Disband Our Army, and leave all Differences to the Tryal of a full and peaceable Convention in Parliament, and We cannot from Our Soul desire any Blessing from Heaven more, than We do a peaceable and happy End of these unnatural Distractions.

For the malicious groundless aspersion of having an Army of Papists; though in the Condition and Strait to which We are brought, no man had reason to wonder if We received assistance from any of Our Subjects of what Religion soever, who by the Laws of the Land are bound to perform all offices of Duty and Allegeance to Us; yet it is well known, that We took all possible Care, by Our Proclamations, to inhibit any of that Religion to repair to Us, which was precisely and strictly observed (notwithstanding even all that time We were traduced as being attended by none but Papists, when in a Month together there hath not been one Papist near Our Court) though great numbers of that Religion have been with great alacrity entertained by that Rebellious Army against Us, and others have been seduced, to whom we had formerly denied Imployment, as appears by the examination of many Prisoners, of whom We have taken Twenty and Thirty at a time, of one Troop or Company, of that Religion. What Our Opinion is of that Religion, Our frequent Solemn Protestations before Almighty God, who knows Our Heart, do manifest to the World; And what Our Practice is in Religion, is not unknown to Our good Subjects of that Our Native Kingdom. And as We have omitted no way, Our Conscience and Understanding could suggest, to be for the promoting and advancing the Protestant Religion; so We have professed Our readiness in a full and peaceable Convention of Parliament, to consent to whatsoever shall be proposed by Bill, for the better Discovery and speedier Conviction of Recusants, for the Education of the Children of Papists by Protestants in the Protestant Religion, for the prevention of the Practices of Papists against the State, and the due Execution of the Laws, and true Levying of Penalties against them; so We shall further embrace any just Christian Means to Suppress Popery in all Our Dominions, of which Inclination and Resolution of Ours, that Our Native Kingdom hath received good evidence.

For the other malicious and wicked Insinuations, that Our Success here upon the Rebellious Armies raised to destroy Us, will have an influence upon Our Kingdom of Scotland, and that We will endeavour to get loose from those wholsom Laws which have been enacted by Us there, We can say no more, but Our good Subjects of that Kingdom well remember, with what Deliberation, Our Self being present at all the Debates, We consented to these Acts: and We do assure Our Subjects there, and call God Almighty to witness of the uprightness and resolution of Our Heart in that point, that We shall always use Our utmost Endeavours, to defend and maintain the Rights and Liberties of that Our Native Kingdom, according to the Laws established there, and shall no longer look for Obedience, than We shall govern by the Laws. And We hope that Our zeal and carriage, only in Defence of the Laws and Government of this Kingdom, and the subjecting Our Self to so great hazard and danger will be no argument, that when the Work is done, We would pass through the same Difficulties to alter, and invade the Constitutions of that Our other Kingdom. We find disadvantages enough to struggle with in the Defence of the most upright, innocent, just Cause of Taking up Arms; and therefore, if We wanted the Conscience, we cannot the Discretion to tempt God in an unjust Quarrel. The Laws of Our Kingdom shall be always Sacred to Us; We shall refuse no hazard to defend them, but sure We shall run none to invade them.

And therefore We do conjure all Our good Subjects of that Our Native Kingdom, by the long happy and uninterrupted Government of Us, and Our Royal Progenitors over them, by the Memory of those many large and publick Blessings they enjoyed under Our dear Father, by those ample Favours and Benefits they have received from Us, by their Own Solemn National Covenant, and their Obligation of Friendship and Brotherhood with the Kingdom of England, not to suffer themselves to be misled and corrupted in their Affections and Duty to Us, by the cunning Malice and Industry of those Incendiaries and their Adherents, but to resist and look upon them, as Persons who would involve them in their Guilt, and sacrifice the Honour, Fidelity and Allegiance, of that Our Native Kingdom, to their private Ends and Ambition. And We require Our good Subjects there, to consider that the Persons who have contrived, fomented, and do still maintain these bloody Distractions, and this unnatural Civil War, what pretence so ever they make of their Care of the true Reformed Protestant Religion, are in truth Brownists and Anabaptists and other Independent Sectaries; and though they seem to desire an Uniformity of Church-Government with Our Kingdom of Scotland, do no more intend, and are so far from allowing the Church-Government by Law established there (or indeed any Church-Government whatsoever) as they are from consenting to the Episcopal: and We cannot but expect greater sense of Our Sufferings, since the obligations We have laid on that Our Native Kingdom, are used as arguments against Us here, and Our free consenting to some Acts of Grace and Favour there (which were asked of Us by reason of Our necessary residence from thence) have encouraged ill-affected Persons, to endeavour by Force to obtain the same here where We usually reside. To conclude, We cannot think that Our good Subjects there will so far hearken to the Treason and Malice of Our Enemies, as to interrupt their own present Peace and Happiness; and God so deal with Us and Our posterity, as We shall inviolably observe the Laws and Statutes of that Our Native Kingdom, and the Protestations We have so often made, for the Defence of the true Reformed Protestant Religion, the Laws of the Land, and the Just Priviledges and Freedom of Parliaments.

1643.—May 12. 17. Letter from the Privy Council to the King.320

Most Dread Sovereign,

The extreme necessity of the Army, sent from this Kingdom by Order from Your Majesty and the Parliament here, against the Rebellion in Ireland; the want of Means for their necessary Supply, through the not payment of the Arrears and Maintenance due to them by the Parliament of England; the delay of the Payment of the Brotherly Assistance, so necessary for the relief of the Common Burdens of this Kingdom, by reason of the unhappy Distractions in England, and the sense of the danger of Religion, of Your Majesties Royal Person, and of the Common Peace of Your Kingdoms, have moved Your Majesties Privy Council, the Commissioners for conserving the Peace and Common Burdens, to joyn together in a Common Meeting, for acquitting our selves in the Trust committed to us by Your Majesty and the Estates of Parliament; and having found after long Debate, and mature Deliberation, that the Matters before-mentioned are of so Publick Concernment, of so deep Importance, and so great Weight, that they cannot be determined by us, in such a way, and with such hope of Success, as may give satisfaction to Your Majesty, serve for the good of this Your Majesties Kingdom, and as may make us answerable to the Trust committed to us by Your Majesties Parliament; We have been constrained to crave the advice and resolution of a Convention of the Estates to meet June 22ᵗʰ, which, as according to the obligation and duty of our Places we are bound to shew Your Majesty, so do we humbly intreat, that against the Time agreed upon by Common Consent, Your Majesty may be Graciously pleased to acquaint us with Your Pleasure and Commandments, that Matters may be so determined, as may most serve for the Honour of God, Your Majesties Service, and Well of Your Kingdomes; which now is, and ever shall be, the earnest desire and constant endeavour of

Your Majesties faithful and humble Subjects and Servants,

Lowdon, Cancellarius,

Leven, Gibson-Dury, T. Raffrerland,

Argyle, T. Myrton, T. Bruce,

Cassilis, Tho. Hope, J. Smith,

Dalhousy, A. Johnstoun, Edward Edgar,

Lauderdale, T. Hepburne, J. Binny,

Balmerino, J. Hamilton, W. Glendoning,

Yester, J. Home, Hugh Kennedy,

Burghley, T. Wauchop, G. Gourdon.

Balcarres,

Edinburgh, 12th May, 1643.

1643.—May 18. 18. Lanerick’s Account of Affairs to His Majesty.321

May it please Your Majesty,

I shall here Humbly presume to let Your Majesty know, that before any of Your Scotish Servants, who lately parted with Your Majesty at Oxford, could possibly come hither, the Chancellour had made his Report to the Council and Conservatours of the Treaty, and Mr Henderson to the Commissioners of the General Assembly, of their Employments to Your Majesty, where Your Answers to their Desires were found not satisfactory, and thereafter Your Majesties Council, Commissioners for the Treaty and Common Burdens, having joyned together for giving of Security, for such Moneys as should be levyed, for the Maintenance of Your Majesties Scotish Army in Ireland, they thought fit (without admitting of any delay until Your Majesties Pleasure were known) to call a Convention of the Estates, as their several Acts and Proclamations to that effect (here inclosed) will more particularly shew Your Majesty.

And for the present Your Majesties Servants, who came lately hither, having only met with three or four of those whom Your Majesty appointed them to consult with, have thought fit to advise with some others of the same Affection and Forwardness to Your Majesties Service, before they presume to give Your Majesty any advice upon the present Occasions, being matters of so great Weight, and so highly concerning Your Majesties Service: but they have taken the readiest and most speedy Course they can think upon, for Meeting and Consulting with them; and thereafter are immediately to return hither, from whence they will with all diligence offer unto Your Majesty their humble Opinion. In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs, as your Majesty was pleased to direct me, shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State, not having been able to deliver Your Majesties Letter to Your Council, who were dissolved before my coming, and my Lord Chancellour is gone out of Town, without whose Appointment there can be no extraordinary Meeting; so that I believe Your Majesties Gracious Declaration to Your Scotish Subjects cannot be published before that time; nor till then can I be able to give Your Majesty any further account of Your Affairs here, though in the mean time I shall study to serve Your Majesty faithfully, according to the Duty of Your Majesties

Most humble and most faithful, and most obedient Subject and Servant, Lanerick.

Edinburgh, 18ᵗʰ May, 1643.

1643.—May 22. 19. Letter from the King to the Council anent the Convention.322

Charles R.

Right Trusty and Right well-beloved Cousins and Councellours, and Right Trusty and well-beloved Councellours, We Greet you well.

We are much surprized at Your Letter of the 12ᵗʰ of this Moneth, whereby it seems you have given order for the Calling of a Convention of the Estates of that Our Kingdom without Our Privity or Authority: which, as it is a business We see no reason for at present, and that hath never been done before but in the Minority of the Kings of Scotland, without their Consent; so We cannot by any means approve of it, and therefore We command you to take order that there be no such Meeting, till you give Us full satisfaction of the Reasons for it.

Given at Our Court at Oxford, 22ᵗʰ May, 1643.

1643.—May 22. 20. Letter from the King to Lanerick.323

Charles R.

Right Trusty, and Right well-beloved Cousin and Councellour, We Greet you well.

We have herewith sent you Copies not only of the Letters We lately received from Scotland, but also of Our several Letters to Our Chancellour and Council there, the Originals whereof We leave to your Discretion, to deliver and make use of as you shall find best for Our Advantage: but for the Business it self, We have heretofore so fully declared to you Our Own Opinion therein, as We need say no more of that Subject to you.

We observe in the Letter to Us, that there are but eleven Councellours Names to it, and that none of those that are best-affected have subscribed it; and We find that as great, or a greater number of Councellours, Persons of great Quality, Place, and Trust, have not subscribed to it.

Given at Our Court, at Oxford, 22ᵗʰ of May, 1643.

1643.—May 29. 21. Letter from the King to Lanerick.324

Charles R.

Right Trusty, and Right well-beloved Cousin and Councellour, We Greet you well.

The Earl of Lindsay coming hither from London, hath assured us, that the Cause of the Two Houses sending into Scotland, to have the Lords that went hence sequestred, was, the Intercepting of their Letter sent to Our Dearest Consort, the Queen, and nothing else.

We perceive by the Copy of the Resolutions you sent Us, with what Prudence, and Loyal Courage, your Brother Hamilton and the Lord Advocate opposed at Council there, the Order for Calling a Convention of the Estates for which We would hare you to give them Our particular Thanks. You and others of Our Council there, know well, how injurious the Calling of a Convention of Estates, without Our Consent, is to our Honour and Dignity Royal; and as it imports Us, so We desire all Our well-affected Servants to hinder it what they may; but shall leave it to them, to take therein such Course, as they shall there upon advice conceive best, without prescribing any way, or giving any particular Directions. If notwithstanding Our Refusal, and the endeavours of our well-affected Subjects and Servants to hinder it, there shall be a Convention of the Estates, then We wish that all those who are right-affected to Us, should be present at it; but to do nothing there, but only Protest against their Meeting and Actions. We have so fully instructed this Bearer, that for all other Matters We shall refer you to his Relation, whereto We would have you to give credit. Given at our Court at Oxford, the 29ᵗʰ of May, 1643.

1643.—June 5. 22. Message to the King from his Friends in Scotland.325

A Convention was indicted by the Chancellour, and such others of the Council as have signed His Majesties Letter thereabout, with the Advice and Concurrence of the Committees for conserving the Treaty and Common Burdens to be kept at Edinburgh the 22ᵗʰ of June: whereby it is conceived His Majesty suffers exceedingly in His Regal Authority, in the Calling thereof without his Special Warrant. A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name, expressing a danger to Religion, His Majesties Person, and the Peace of this Kingdom, from Papists in Arms in England, which in that appears to be contrary to His late Declaration sent to Scotland.

Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh, and after three or four days Debate, considering the exigency of Time, the present posture of Affairs, and the disposition and inclination of the People of this Country, did not conceive it fitting, that His Majesty should absolutely discharge that Meeting, (which certainly would be kept notwithstanding of any Discharge from Him, which would both bring His Authority in greater Contempt, and lose more of the Affections of the People, whereby the Power of His Majesties Servants would be lessened) but rather that His Majesty should so far take notice of the Illegal Calling thereof, and His Own Suffering thereby, that the same remaining upon Record may be an evidence to posterity, that this act of theirs can infer no such Precedent for the like in the future; but afterwards His Majesty, or His Successors, may legally question the same. And that His Majesties Servants here may be better enabled, and strengthened with the assistance of others of His Majesties faithful Subjects, who truly and really intend nothing but the Security of Religion as it is here established, and are altogether averse from and against the Raising of Arms, or Bringing over the Scotish Army in Ireland, whereby His Majesties Affairs, or their own Peace may be disturbed—they conceive it fit, that His Majesty should permit this Convention to Treat, and conclude upon such Particulars, as may secure their Fears from any danger of Religion at home, without interesting themselves in the Government of the Church of England. And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland, whereby they may have some colour or ground for recalling them, it is conceived necessary, that this Convention should have a Power from His Majesty, to advise and resolve upon all fair and Legal wayes for Entertaining the said Army still in Ireland, and for recovering payment of the Brotherly Assistance: providing always, that in the doing thereof no Resolution be taken for Levying of Forces, or doing any Act, whereby this Kingdom, or any part thereof, may be put in a posture of War, or under any pretence to bring over the Scotish Army in Ireland, or any part thereof, without special Warrant from His Majesty; wherewith if such as shall meet at this Convention rest not satisfied, His Majesties Servants here are resolved to Protest, and adhere to these Grounds, and to oppose all other derogatory to His Majesties Authority, or prejudicial to His Service.

1543.—June 10. 23. The King’s Letter to the Convention of Estates.326

Charles R.

Right Trusty, and well-beloved Cousins and Councellours, &c.

We have received a Letter dated the 22ᵗʰ of May, and signed by some of Our Council, some of the Commissioners for Conserving the Articles of the late Treaty, and of the Commissioners for the Common Burdens: and though it seem strange unto Us, that those Committees should Sign in an equal Power with Our Council, especially about that which is so absolutely without the limits of their Commissions; yet We were more surprized with the Conclusions taken at their Meetings, of Calling a Convention of the Estates without Our special Warrant, wherein Our Royal Power and Authority is so highly concerned, as that We cannot pass by the same, without expressing how sensible We are of so Unwarrantable a way of Proceeding; and if We did not prefer to Our Own unquestionable Right the Preservation of the present happy Peace within that Our Kingdom, no other Consideration could move Us to pass by the just Resentment of Our Own Interest therein. But when we consider to what Miseries and Extremities Our Scotish Army in Ireland is reduced, by reason that the Conditions agreed unto by Our Houses of Parliament for their Maintenance, are not performed; and likewise the great and heavy Burdens, which We are informed Our Native Kingdom lies under, by the not timely payment of the Remainder of the Brotherly Assistance due from England, contrary to the Articles of the late Treaty; and withall remembring the Industry, which We know hath been used upon groundless Pretences, to possess Our Scotish Subjects with an Opinion, that if God should so bless Us here in England, as to protect Us from the Malice of Our Enemies, Religion, and the now-established Government of Our Native Kingdom, would be in danger: We (laying aside all Consideration of Our Own particular) resolve on Our part, to endeavour by all possible means to prevent all colour or ground of Division betwixt Us and Our good Subjects of Scotland; and therefore do permit you to Meet, Consult, and Conclude upon the best and readiest ways of Supplying the present wants of Our Scotish Army in Ireland, and providing for their future Entertainment there, until some solid Course be taken for recovering of the Arrears due to them, and for their constant Pay in time coming, according to the Conditions agreed upon in the Treaty; as also to advise upon the best way of Relieving the Publick Burdens of that Our Kingdom of Scotland, by pressing, by all fair and lawful means, a speedy Payment of the Remainder of the Brotherly Assistance due from England; as likewise to prevent the Practices of such as study to entertain in this Our Kingdom groundless Jealousies and Fears of Innovation of Religion or Government, the Preservation whereof (according to Our many Solemn Protestations) shall ever be most Sacred to Us; providing always, that in doing these things, nothing be done which may tend to the Raising of Arms, or Recalling Our Scotish Army, or any part thereof, from Ireland, but by Order from Us, and Our Two Houses of Parliament, according to the Treaty agreed upon to that effect: and We do require you, to limit your Consultations and Conclusions to the foresaid Particulars. And as by this, and many other Our former Acts of Grace, and Favour to that Our Native Kingdom, it clearly appears how desirous We are of preserving their Affections, and preventing all occasions of Mistakes betwixt Us and them; so We do expect, that your Proceedings at this time will be such, as may shew your tender Care of Us and Our Greatness, which by so many Oaths and Obligations you are tied to preserve.

Given at Our Court at Oxford, the 10ᵗʰ of June, 1643.

24. List of Documents bearing reference to the Church, from the 8th November 1641 to the 2d November 1643.

The importance and consequences of the proceedings in the Convention of Estates and General Assembly, which were held in Scotland in the summer and autumn of the year 1643, render it proper to supply a considerable number of collateral documents connected with the movements of these bodies; and, amongst other sources of information, the Register of Privy Council has been consulted for this purpose. There are some Minutes, &c., in that record, which it is unnecessary to transcribe fully. In order, however, to present a connected view of recorded occurrences from the most authentic source, it seems expedient to prefix, in chronological order, the titles and dates of the several minutes of meetings at which important deliberations took place; and, for this purpose, there is subjoined a note of these, from the time that the Privy Council was new modelled, in 1641, till the close of the year 1643. This will serve as a key to the reader in the perusal of the other documents referable to the period, which are subjoined, and thus preserve a distinct impression of the series of events connected with the Acts of the Church.

1641.

November 8. Admission of Councillors named by the King, with consent of the Estates.—Archibald Primrose’s admission as Clerk of Council.

1642.

April 9. The Parliament of England’s Declaration to the Council of Scotland.—His Majestie’s Instructions anent the Declaration foresaid. April 22. Declaration to the King and Parliament of England.

May 20. His Majestie’s Declaration for maintenance of true religion.—Declaration of the Parliament of England to the Council.

Ultimo Maii. Petition of Noblemen anent troubles, &c.

June 1. The Council’s Answer to the Petition.

June 2. The Council’s Answer to the King’s Majesty.—Act ordaining the husband to be answerable for his wyff being a Papist, and several Acts against Papists.

July 12. The Earl of Leven admitted General.

August 18. The Council’s desire to the Parliament for unity of religion in the three kingdoms.—Commission for Kirk Discipline.

September 21. Answer of the Parliament anent unity of Religion, (vide Acts.)—His Majesty’s Letter anent the stay of the Commissioners in London, and Answer of Council thereto.

September 29. The Council’s Reply to the Parliament of England.

November 3. His Majesty’s Letter anent joining with the Parliament in Kirk Government.

November 25. Parliament of England’s Declaration of the 20th October.

December 20. Parliament of England’s Declaration of 7th November.—His Majesty’s Letter concerning the said Declaration.—Not fitting to print the Parliament’s Declaration.

1643.

January 10. Anent printing of papers—“it was resolved, that the printing is no approbation.”

January 13. Petition from the Commissioners of the Kirk.

January 17. Recommendation to the Commissioners of the Kirk anent concurring with the Commissioners of the Peace to the King’s Majesty to remove Episcopacy.

January 19. Petition from the Kirk.

February 16. Anent the Petition against the annuities of Tithes.

March 29. Horning against Excommunicants.

May 12. Indiction of a Convention upon the 22d of June.—Marquis of Hamilton’s Declaration, that no meeting of the Estates be called without his Majesty’s Special Warrant had to that effect.—The Lord Advocate’s Declaration adhering thereto.—Letter to his Majesty concerning the Convention.

June 1. His Majesty’s Missive and Declaration, 21st April.—Lord Chancellor’s Declaration.

June 20. Production of the Treaty anent Ireland.

October 18. Act for subscribing the Mutual League.

November 2. Covenant subscribed (Solemn League and Covenant) by Councillors.