Chapter XXX: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (27)

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.