Chapter XXXVII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (34)

The day after the Assembly dissolved, being the 30th of August 1639, the Parliament—which had been prorogued, from time to time, to the 31st of that month—convened, and was opened with all the state of the ancient “Ryding of Parliament.” A preliminary difficulty, however, occurred to its constitution, in consequence of the absence of the Prelates, who, by the subsisting laws and usages of Parliament, formed a component part of it. Prelacy had been abolished by an Act of Assembly, but that was not yet ratified by Parliament; and, in order to supply the place of the Bishops as one of the Estates, it was agreed that, for the present, the Commissioner should, in their stead, select eight of the Nobles to be among the Lords of the Articles; being a committee to digest all business for the consideration, and adoption, or rejection of the whole house. The Earl of Argyle entered a protestation that the present mode of choosing the Lords of the Articles should be no precedent for the future; and intimated in it an innovation on the future constitution of Parliament, by introducing a different mode of naming the Lords of the Articles from that which had heretofore obtained—namely, by excluding the nomination of the Crown or its Commissioner, and giving to the Lords, Barons, and Burgesses the nomination from their several bodies. This initial difficulty being overcome, the Commissioner, on the 6th of September, signed the Covenant—not as Commissioner, but as Treasurer; and on the same day a Bill for the ratification of the Act of Assembly 17th August, anent the bygone evils of the Church, and the Supplication against Dr Balcanquel, were passed in the Articles; while a Petition, presented by the Commissioner, in favour of the ousted Ministers, was refused; and a Bill for rescinding the Acts in favour of Episcopacy was handed to the Lord Advocate, to be revised: and all this passed amidst a profusion of protestations, which it is unnecessary to notice.

On the 11th of September, there was a warm debate on the proposal to bring down the vengeance of Parliament on Balcanquel and his “Large Declaration,” in which Traquair resisted it as offensive to the King, while Argyle and Rothes supported the vindictive Petition from the Assembly; but the Acts as to the constitution of Parliament, &c., made some advance; and Baillie, in a letter dated October 12, gives a very striking picture of the condition to which the contending parties had reduced themselves. “The affairs of our Parliament,” (says he, vol. i, p. 188,) “goes but this and that way, if we look to men; our estate is but yet wavering up and down in the scales of a very dubious event. Our main Acts are but scarce past the Articles. The Commissioner either threatens to rise, or to protest in the day of the riding, or to make declarations equivalent to protestations, or to deny the sceptre to our most substantial desires. To preveen this, we have been content to sit still, half-idle, thrice so long time as ever any Parliament in our land did continue, waiting till posts upon posts, running up and down, for carrying to us the Kings pleasure. It seems our enemies credit is not yet extinguished at Court. The Castle of Edinburgh is daily made stronger. From London, the other week, arrived at Dumbarton a great ship, with cannon and other munition, with an English captain, and divers English soldiers. Division is much laboured for in all our estate. They speak of too great prevailing with our Nobles. Hume evidently fallen off; Montrose not unlike to be ensnared with the fair promises of advancement; Marischal, Sutherland, and others, somewhat doubted; Sheriff of Teviotdale, and some of the Barons, inclining the Court-way. Divisions betwixt the merchants and Crafts of Edinburgh; and so, by consequence, of all the Burghs in Scotland, carefully fostered by our Commissioner; our prime Clergy like to fall foul upon the question of our new private meetings.”

In this state of distraction and doubt, matters continued—the views and sentiments of the King having been sufficiently indicated in his letters to Traquair, whose policy was, of course, guided by his Master’s orders. On the 24th of September, an Act for rescinding all the Acts in favour of Episcopacy was voted and passed in the Articles, under a protestation by the Commissioner against that or any others prejudicial to his Majesty’s authority; and the Act as to the constitution of the Parliament was also passed. While matters were thus agitated and protracted; the Parliament was continued on the 24th October till the 14th of November, when the Lord Advocate presented a royal warrant for proroguing it till the 2d of June 1640, the Covenanters entering their protestation.[241] Thus the King baffled all the hopes of the Covenanting party, of obtaining a ratification of their favourite ecclesiastical degrees—a result attributable, no doubt, in a great measure, to the extreme violence of some of their propositions, of which the King availed himself by stating, as the ground of adjournment, that various things had been propounded which trenched on his civil authority and government.[242]

This step could not fail to startle and exasperate the Covenanters, more especially as their deputies, (the Earl of Dunfermline and Lord Loudon,) who had been sent off to Court after the prorogation on 14th November, had been dismissed contemptuously, without ever being admitted to an audience of the King. When the King sent orders for the prorogation, which took place of that date, he also ordered Traquair up to London, to give an account personally of all the recent proceedings in Scotland. He was coldly received, in consequence of the concessions he had made, and his signing the Covenant. He was accused by the Covenanters of inciting the King to a new war, and is alleged to have made his peace by doing so; but, although this is stated by Burnet and others, we have never seen any evidence to substantiate the charge; and it is more probable that his best (as in truth it was his only) apology for the part he had acted, was, that he had no alternative but to yield to the dominant party, both in the Assembly and Scottish Parliament, or at once commit the King in open hostility with his northern subjects. Indeed, it seems utterly impossible that he, or any man, could have obeyed his instructions without at the same time outraging the whole policy and passions of the Covenanters, and precipitating another open revolt, before the King could have made any preparations to encounter its force. He had, however, obtained possession of a letter from the leaders of the Covenant, addressed to the King of France, soliciting protection and assistance—a document which, it appeared afterwards, had never been sent or perfected; and this document, as in duty bound, he produced to his Sovereign, as a proof of the treasonable purposes of the Covenanters. It is quite possible that, with such apparently good evidence in his possession, he might have represented to the King that nothing but force would curb the ambitious views of the Covenanting Nobles and Barons; but, in so doing, had it even been so, we cannot discover any rational ground for the inveterate hostility subsequently shewn to Traquair and Hamilton as _incendiaries_; for, whether the letter was or was not sent, it evinced the treasonable purpose which was cherished, of soliciting the assistance of a foreign potentate, for the accomplishment of their purposes; and both Traquair and Hamilton were bound, as loyal subjects, to make the fact known to the King, and to give him such advice as their opportunities of observation enabled them to afford.

Be this as it may, however, the Covenanters transmitted another petition to the King, by a person named Cuningham, requesting permission to send some of their number to Court to vindicate their proceedings. This the King granted, and Loudon and Dunfermline were again dispatched, on the 31st of January, for this purpose. On the 2d of March, (1640,) these Deputies got notice that the King would receive them next day in the Council Chamber; and, on that occasion, Loudon made an elaborate exposition of all the Scottish grievances, which, with the King’s counter Declaration, are too long for insertion in this work; but the curious reader will find them both embodied in Rushworth’s Collections.[243] Several other audiences were given, at the last of which (18th March) the King and Council declared that the Deputies had no sufficient authority to demand a ratification of the Acts of the preceding Assembly. On the 11th of April a warrant was given to Adams, one of the Sheriffs of London, to take Loudon into custody; and he was subsequently committed to the Tower, on a charge of high treason, for his participation in the letter above alluded to; and he was not liberated thence till the 27th of June following, upon certain conditions which were not very creditable to either of the parties.[244]

Of this transaction, there can, we think, be but one opinion among all honourable men. Whatever might be Loudon’s demerits as regarded the letter to the King of France, he went to England under the guarantee of a Royal protection; and he was not amenable to any tribunal in England, as a Scottish subject, for an imputed offence committed in Scotland. He pleaded this, and the acts of pacification and indemnity which had followed. It appeared, too, that the act of treason had never been consummated by transmission of the letter; and he offered himself for trial in Scotland. The King was saved the infamy of carrying his original purpose into execution by a trial in England, in consequence of the interposition of Hamilton, who represented the serious consequences which would ensue. But we must now turn to the movements in Scotland subsequently to the prorogation of its Parliament in November preceding.

The finances of the King having been exhausted by the useless parade on the Borders during the preceding summer, and a renewal of the war having been resolved on by his Majesty and “The Junto,” as it was termed, in whose advice he confided, (Canterbury, Strafford, Hamilton, and Morton,) Charles was constrained to have recourse to a Parliament in England. This was reluctantly adopted, as the only means by which the sinews of war could be provided—and was the first that had been called by the King during the space of twelve years, in the course of which he had managed to carry on a perilous system of government, by levying taxes in virtue of the prerogative, and other devices, which ultimately led to his ruin. A Parliament having been summoned in England, and the warlike purposes of the King having speedily been manifested, these things could not long escape the vigilance of the Scottish leaders; and a meeting of the Nobles, Gentry, and Ministers was summoned at Edinburgh on the 10th of March; when, with their wonted energy, they resolved to levy an army, to fortify all the strengths of which they could obtain possession, and to raise the requisite funds for the purpose, both by voluntary contributions and taxes; and such was the enthusiasm of the people, that plate, jewels, and whatever wealth a poor country could supply, were cheerfully poured into the coffers of the insurgents. The banner of “The Covenant” was once more unfurled, and the pulpits of the clergy again resounded with ardent exhortations to rally round it.

Meanwhile, the proceedings in England tended materially to promote the views of the Scottish leaders. Before the Parliament was assembled, the discontents of the English—which were mightily strengthened by the success of the Scottish insurrection of the previous summer—had attained a pitch of consistency and force, which was extremely favourable to their northern neighbours, who were further encouraged by a forged promise of support, apparently by some of the most influential English nobility. And the issue of the first Session of the English Parliament contributed powerfully to promote the cause of insurrection in Scotland—the discontents and movements in both kingdoms naturally acting and reacting on each other as incentives to resistance to the “kingly way” of government, which Charles endeavoured, so unfortunately for himself and his country, to carry on. The King had urgently pleaded for supplies from his English subjects to carry on the war against the Scotch, whom he represented as bent on the utter subversion of the monarchy. But the English House of Commons would not grant any supplies without a previous redress of their own grievances; and, finding them inflexible on this point, he had again recourse to his former practice of dissolving the Parliament, on the 13th of April.

The embarrassments of Charles, in consequence of this sturdy refusal of his English subjects to support him, were infinite; and, resorting to all his accustomed modes of raising men and money for the impending war, these were only aggravated by the means which he adopted to supply the want of subsidies. His army had been completely dislocated and disbanded; and many who had joined his standard the previous year, were now marshalled in the ranks of opposition; while the general dissatisfaction of the country, rendered all his exertions, and the voluntary contributions of those who still adhered to and supported him, altogether inadequate to the exigency of his affairs.

The Scottish leaders, when they dissolved their army in June 1639, had taken the precaution to secure the future services of the veteran officers whom they had employed on that occasion, should those services be required; and the troops, though dispersed in their several localities, were warned to be in readiness for another muster, perhaps at no remote period. When the tocsin was again sounded, therefore, the Scottish army was speedily re-organized under their old commander, Leslie; and it was already re-established in a condition fit for action, while the King was struggling hopelessly with his financial difficulties and the discontents of his English subjects.

The 2d of June, to which the Scottish Parliament had been prorogued, at length arrived; and although another commission for a further prorogation to July was sent down, some technical difficulty in communicating it to the States, furnished a reason for this not being done; and they readily availed themselves of what was really a quibble, to disregard the commission for adjournment, and declared themselves a lawful Parliament, in which they proceeded to enact into laws, all the Bills which had been introduced previous to the former prorogation. Ruthven, who commanded in Edinburgh Castle, and refused to surrender it, was forfeited, and a great Committee of Estates named, with sovereign authority to direct all matters civil and military. That Committee, as usual, opened diplomatic communications with the King through Lord Lanerick, the new Secretary for Scotland, to which it is needless to refer particularly, as these communications are given among the annexed documents; and, in short, the people of Scotland once more stood in an attitude of open hostility to their King.

While matters were in this position, and amidst general preparations for war, the 28th of July arrived, being the time appointed for the meeting of the General Assembly at Aberdeen. No Commissioner was appointed by the King; but, after waiting one day for a Commissioner, (should one have been named,) they proceeded, according to their own views of “the liberties of the Kirk,” to business; but did nothing that is worthy of remark at present. And here we pause in our introductory narrative, to be prosecuted with more spirit-stirring matter, when we reach the date at which it may be suitably resumed, postponing some of the earlier military operations, till we give them all in connection.

We shall, therefore, only further note that, previously to this meeting of Assembly, the seeds of disunion were sown in the Church by a miserable controversy among the Covenanters themselves, about private meetings for devotional purposes, which some of the leading men in the Church countenanced and others reprobated—a schism which was agitated at the Aberdeen Assembly, and at a future period increased, till the Presbyterian Church was divided into two furious factions, denouncing, excommunicating, and persecuting each other. For the nature and particulars of this schism, we refer to Baillie, in which these are given with his characteristic naivete and frankness.[245]

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY CONVEENED AT ABERDENE, JULY 28, 1640.

Sess. II. 20. July 1640.

The Assembly having past the first day before they would make any Act in attending of His Majesties Commissioner.

This day the Moderator openly asked, in face of the Assembly, if there was any Commissioner come from His Majestie: And finding there was none, the Assembly proceeded according to their Liberties.

* * * * *

_Overtures given in by the Committee appointed by the last Assembly anent the ordering of the Assembly-house: Which being read in audience of the Assembly, they approved the same._

I. The Assembly finds it expedient for the ordering of the House in all time coming, that the Commissioners sit together unmixt, and that the places where they sit be railed about, or some other way divided from the seats of others, and that places be provided without the bounds of the Commissioners seats to persons of respect, who are not Commissioners, and others according to their qualities, as the Magistrates of the Town shall find most convenient.

II. Also that the Commissioners, having received tickets from the Magistrates of the Burgh, at the delivery of their Commissions, wherby they may have ready accesse to the Assemblie-House and place appointed for them, do keep the hour of meeting precisely, and whosoever comes after the time, or shall be found absent at the calling of the Rols, to be censured as the Assemblie sees fitting: And whatsoever Presbyterie, Burgh, or Universitie, shall not send Commissioners, or Commissioners sent from them doe not come at all to the Assembly, be summond unto the next Assembly, and censured as the Assembly shall find reasonable.

III. That foure persons of respect have warrant from the Assembly to injoyne that there be no standing, no din, nor disorderly behaviour: And if any shall disobey them, or direct his speech to any, except to the Moderator, and that one at once with leave first asked and given, to be rebuked publikely by the Moderator: and if he desist not, be removed out of the Assembly for that Session.

IIII. That no motion come in unto the Assembly but by the Committee appointed for matters of that nature; and if the Committee refuse to answer the same, let it be proponed to the Assembly with the reasons thereof.

V. That the minutes of ilk Session be read before their rising, and if the matter concerne the whole Kirk, let it be drawn up in forme and read in the begining of the next ensuing Session, that the Assembly may judge whether or not it bee according to their minde.

* * * * *

_Act anent the demolishing of Idolatrous Monuments._

Forasmuch as the Assembly is informed, that in divers places of this Kingdome, and specially in the North parts of the same, many Idolatrous Monuments, erected and made for Religious worship, are yet extant—Such as Crucifixes, Images of Christ, Mary, and Saints departed—ordaines the saids monuments to be taken down, demolished, and destroyed, and that with all convenient diligence: and that the care of this work shall be incumbent to the Presbyteries and Provinciall Assemblies within this Kingdome, and their Commissioners to report their diligence herein to the next Generall Assembly.

* * * * *

_Act against Witches and Charmers._

The Assembly ordaines all Ministers within the Kingdome, carefully to take notice of Charmers, Witches, and all such abusers of the people, and to urge the Acts of Parliament, to be execute against them: and that the Commissioners from the Assembly to the Parliament shall recommend to the said supreme judicatory, the care of the execution of the Lawes against such persons in the most behoovefull way.

* * * * *

Sess. V. Aug. 1, 1640.

_Act for Censuring Speakers against the Covenant._

The Assembly ordaines, that such as have subscribed the Covenant and speakes against the same, if he be a Minister, shall be deprived; and if he continue so, being deprived, shall be excommunicate: and if he be any other man, shall be dealt with as perjured, and satisfie publikely for his perjury.

* * * * *

Sess. X. 5 Aug. 1640.

_Act against Expectants refusing to Subscribe the Covenant._

The Assembly ordaines, that if any Expectant shall refuse to subscribe the Covenant, he shall be declared uncapable of a Pedagogie, teaching of a School, reading at a Kirk, preaching within a Presbyterie, and shall not have libertie of residing within a Burgh, Universitie, or Colledge: and if they continue obstinate, to be processed.

* * * * *

The Generall Assembly appoints the next Assembly to be in S. Andrews, the third Tuesday of July 1641. And that the Moderator in a convenient way, by the Secret Councell, or otherwise as may best serve, request the Kings Majestie to send his Commissioner to the said Assembly. And if any exigent fall out, that the Presbyterie of Edinburgh give advertisement for an Assembly _pro re nata_.

FINIS.

* * * * *

INDEX _of the_ PRINCIPALL ACTS _of the_ ASSEMBLY _at_ ABERDENE, 1640. _Not printed._

1.—Election of M. Andr. Ramsay Moderator.

2.—Act against profaning of the Sabbath.

3.—Act anent Charmers.

4.—Act renewing a former Act made against Priors and Abbots.

5.—Commission for attending the Parliament.

6.—Commission anent the Province of Rosse.

7.—Commis. anent the Presbytery of Kirkwall.

8.—Act anent the Presbytery-seat of Selkirk.

9.—Report of the Visitors of the Universitie of Glasgow, and a new Commission of Visitation of that University.

10.—Act anent the Carriage of Ministers.

11.—Act anent the ordering of Family Exercise.

12.—Act for Ruling Elders keeping of Presbyteries.

13.—Act anent Magistrates being Members of Kirk Session.

14.—Approbation of the proceedings of the Commissioners appointed to attend the preceding Parliament.

15.—Act anent abolishing Idolatrous Monuments.

16.—Act anent abolishing Idolatrous Monuments in and about Aberdene.

17.—The Report of the Visitors of the Universitie of Aberdene.

18.—Commission for visiting the Universitie of Aberdene.

* * * * *

=Miscellaneous Historical Documents.=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1639-40.

1639.—September 11.

1. _Discussion in Parliament as to the Large Declaration._[246]

Undecimo Septemb. 1639.

Anent the Supplication presented by the Assembly against the booke called the Large Declaratioune, whairof Doctor Balcanquhall is challenged to be ane of the authors: The Commissioner represented that it is not expedient that this Supplicatioune be presented in ane parliamentarie way; becaus it tendis to the renewing of the remembrance of these troubles and the causes thereof, which heirtofoir vexed this Kingdome, and ar now to be buried in oblivioune; and seing the said booke beirs inscriptione of His Sacred Majesties name, quhilk he will not disclaime, it aught to be handled with more reverence then to be challenged in any publick way, quhilk evidentlie rubbis with His Majesties honour, and can produce no better effect than ane answer to all assertiounes contrair to what is averred in the booke, and will frustrate the Petitioners of their intendit end. And, therefore, the Commissioners Grace desyred, that gif the Petitioners will goe on in this Supplicatione, they shall doe the same in that quiet, humble way, which may not trench upon His Majestie, bot will most readilie satisfie His Majestie, quhilk ought to be their first and maine desyre.

The Erles of Argyle and Rothes answered—That the said booke containes so many vntrewthis, that is so dishonourable to His Majestie and this haill natioune, and is so publick and dispersed through all the world, of purpose to incense neighbour nationes, and speciallie Ingland, against us, and to possess thaime with prejudices against thair proceidings; and, therefore, the Petitione aught to be presented in ane publik parliamentarie way, quhilk being legall and humble, cannot in reasone offend His Graceous Majestie.

The Commissioners Grace answered—That the publik way will rather oblige His Majestie to vindicate his honour by ane answer of mainteining that booke then procure any satisfaction from his Majestie; becaus the King must ather mainteane that booke, gif it be challenged by ane publik way, or else acknowledge that he took armes upon unwarrantable grounds and false information, quhilk is so dishonourable, that no good subject can desyre or expect the same—and now, at this tyme, it is unfitt to renew the memorie of what is past upon ather side, but they are to be covered with ane act of oblivione.

The Estatis of Parliament being petitioned by the Assemblie to joyne with thame in supplicating His Majestie against ane booke intituled A Large Declaration, (which Supplicatione is registrat in the buikes of the Assemblie,) the Estatis humblie recommendis the same to the Commissioners Grace to be presented to his Majestie for obtaining graceouslie the desyre of the said Supplicatione; and ordainis this to be inacted in Parliament, in thir same words, and in no other wayis.

* * * * *

1639 [40].—January 29.

2. _Letter from the Earl of Rothes to the Earl of Pembroke and Montgomery._[247]

MY GOOD LORD,

I have large encouragement to use freedom, both from your own favours to me, and my affection to your Lordship, and so may expostulate with you for withdrawing your wonted (and even lately expressed) respects at the Camp to this Nation. You found we had reason for our lawful Defence, and that we had loyal Hearts to our Prince, and Justice in our Desires; which moved you to plead for us, and so engaged the Affection of many to you. But sithence, when my Lord Traquair made his Relation, that moved hard Conclusions against us, not requiring so much as that it should not obtain Truth to the prejudice of a Noble Nation, till we were heard; and agreeing that an Army should be levied, and lending Monies, hath much grieved us, to disappointed of one we so much trusted. I have therefore been bold to entreat that we may keep better Correspondency, or else by mistake we may be brought again to begin a Mischief that will not end in our days. As we have formerly declined it, so shall it not be our fault. And it lies in your Lordship, and in other great Persons, to prevent these Evils. You have lived in all great Ease, Peace, and Plenty for many years, as any Nation in the World; and if you can like to interrupt your own Happiness for the pleasure of some Prelates, who will share little with the Hardships and Dangers that will be indured, you are not well advised. The Earl of Dumfermling, and Lord Loudon, are sent with a full information of our Bussiness. They will wait upon your Lordship, and expect your wonted Assistance. They all (as much as may be) decline War, except you will now needs have it. We hope your Lordship and others will make use of these Reasons for the right end, which will fix a great deal of Obligation from both Nations on you, and shall infinitely increase my respects, desiring to continue

Your Lordships most humble Servant,
ROTHES.
Edenburg, Jan. 29, 1639. [40]

* * * * *

1639 [40.]—March 2.

3. _Letter from the Marquis of Hamilton to Lord Lindsay, with Postscript by the King._[248]

MY LORD,

I Received yours of ________ February, wherein you endeavour to let me see the hazard that His Majesty may run, if he take not a peaceable Course with his Subjects of Scotland, which you say, I am reported to be no adviser of; as likewise the unavoidable Ruine that will befall me, in case of my accepting of any Imployment against them.

The Arguments that you use, are the Resolutions of your own people, and the assistance that you will have elsewhere, the particular way you forbear to write; yet you say, that God hath provided it beyond your expectation; and, as it was beyond your expectation, so it is still beyond my belief; my Reasons you shall have anon. But first I will say somewhat concerning myself.

Know then, Brother, for a truth, that I heartily pray a Curse may follow him and his Posterity, that doth not endeavour and wish, that these unhappy Troubles may be composed in a fair and peaceable way. God, who knoweth the Secrets of all mens thoughts, can bear me record, with how much care, pains, and zeal I have endeavoured that; and I promise you, I shall as faithfully continue in that Course, as ever man did, in any Resolution which was with reason grounded in his heart; how few either believe, or know this, I care not, for I have laid my accompt long since, and am resolved on the worst that can befall me. And for your further satisfaction, know, that nothing can grieve more in this World, than to be sent in any Hostile manner against my Friends, Kindred, and Country: where at the best, though I may merit something from His Majesty, (to whose Goodness I owe much besides the Duty of a Subject) yet I shall never be called other than the destroyer of them; and what cause of Sorrow this will be to a kind-hearted Scotsh-man, I leave to you to judge. Therefore I assure you, that if either my Industry, Intreaties, nay Prayers prevail, no such Charge will be imposed on me, my inclinations having always led me in this rather to follow your Advice, and absent my self, in case things come to the worst, than to accept of that Employment; though I must tell you, it may bring along with it His Majesties Displeasure, and so consequently certain Ruine. Yet I do intend to put that to the hazard, and if it happen, I will have the Vanity to say, it will neither prove advantageous to the Country, nor to those in it, who once did me the Honour to esteem me their Friend. To conclude this point, consider, if a Navy come, probably I must be miserable; for what can I gain by it? if employed, a Discontented Life ever hereafter. If the King should impose the Charge on me, and I refuse it, what the better would you be? an abler would be employed in it, and I need never look for His Majesties Favour thereafter, and without that in his Kingdom will I never live. If I had no other Reasons but these, (but I could write you fourty more,) consider if I have not cause to endeavour Peace, and believe me I will do it.

For the Danger that His Majesty will run if he enter into this War, I do acknowledge with you it may be great; but that certain Ruine must follow, I cannot confess: yet I must say, that his Gain will be but small, when he hath got that by Force which is his, or ought to be his already; but what remedy? He conceiveth a Kingdom to be lost, and two will be hazarded to regain that, if they continue in the Course they are in.

For the Assistance you mention God hath provided for you elsewhere, that is conceived to be used as an argument to fright us: For from whence can it come?

From a Party in England? Trust not to that, nor give credit to a few Factious Spirits, with whom perhaps Correspondence may be kept.

From France? Reason and the knowledge of their Affairs make us confident, that no great matter can come from thence: Reason, for they will not assist the Rebels (for so you will be called) of a King for examples sake; and the necessity of their Affairs, for we know they have enough to do elsewhere.

From Sweden? Though they perhaps be willing, yet it is known they have not men to do it in these parts.

From Holland? The Body of that Estate hath by their Publick Ministers disallowed your Actions, and hath given assurance that they will be far from either giving Countenance or Assistance to you; what private men may doe by way of Stealth, is little regarded or to be esteemed.

Thus I freely write what is thought of the Assistance you are like to get from abroad, of which Opinion I shall still be, unless you can make it more clearly appear; therefore I will use the old Proverb to you, Beware that your stout Hearts make not your heads dry a Gutter, and make you neglect the receiving of his Majesties Pleasure with all thankful obedience, which, for any thing I know, nay I durst Swear, will be no other than stands with the true Protestant Religion and the Laws of the Kingdom. What pity is it then, that these mistakes should continue? but how much more will it be, that they should encrease to a Bloody War. If all amongst you would rightly insider what true Religion and Piety is, and lay that only before their Eyes, there are yet, not only good hopes, but certain assurances of a peaceable Conclusion of those unhappy Troubles; and as you have advised me, so let me you, (which perhaps may be the last time, that on this Subject I shall write to you) endeavour Peace, which if gained, the effusion of much Christian Blood will be saved, the Country preserved, Scotshmen esteemed Valiant, Just, and Loyal, not only in this Kingdom, but through all Europe, and no man happier than

Your now much troubled,
and affectionate Brother,
HAMILTON.

POSTSCRIPT.—For Answer to your Postscript, I am not in dispair, but to bring it to a good pass if your own carriage do not marre it; for His Majesty is content to sign the Signature, but it is to remain in my hands, and not to be delivered except your Carriage do deserve it, as well as Crawfords, who knows not as yet, how far his Majesty hath condescended. This Letter is not fit to be long keeped, therefore it will not be amiss it be burnt. Let me hear from you with the first occasion, and thereafter I care not how seldom, if matters come to the worst.

Since the writing of this, the Letter which Rothes wrote to the Chamberlain by Dumfermline was this day publickly read at Council-board, His Majesty being present: it hath produced contrary effects to what (I believe) he expected, for not only doth the Chamberlain swear that there is not one true word in it, but hath beseeched His Majesty, that Rothes may be called to an account for the traducing of him in so high a nature, (to use his own words) nay to make him, (if it were in his Power) appear to be a greater Traytor than himself. In a word, the whole Table was much scandalized with the Letter, and no wayes satisfied with the Writer of it, even though it had been all as he expressed.

I profess I have loved Rothes, and am sorry when any misfortune befalls him; and likewise I thought fit to mention this, that you may see what those of this Country will doe, when it comes to an issue; therefore I hope not only he, but the whole Country will take example by this, and grow wise while there is time.

_This Letter he carried to the King, and at the end of that Copy he retained, yet extant, His Majesty with his own hand wrote._

I have perused this Letter, and have not only permitted, but commanded that it should be sent.

CHARLES R.
Whitehall, 2 March,
1639 [40.]

* * * * *

1639 [40.]—March 8.

4. _Letter from the Earl of Pembroke to Rothes._[249]

MY GOOD LORD,

The Civilities and good Respects which I placed upon you, at the time of my being in the Camp, you stile _Encouragements_, and insinuate them as Reasons why you may expostulate with me. Your Premises I allow you, but your Inference I return you again, as fuller of Sophistry and mean Designs, than of Truth or Reason.

First, I never allowed your Defence lawfully undertaken, by other Arms than by Petitions and Prayers unto your Master. I never found Loyalty in your Covenant, nor Duty in your taking up Arms. I never affirmed the Justice of your Cause; neither did I consider so much the Merit thereof, as your unwarrantable and tumultuous disobedience therein unto the King, with the Vexation and Disturbance it brought upon the Nobility of this Kingdom. Neither was I in all this Commotion your Advocate for other reasons, than suffering my self to become a Mediator to his Majesty for your Peace and Forgiveness, moved thereunto by your frequent Protestations of paying all Duty and Loyalty to your Master’s Commands.

If from hence you haply gained from me an easier Credulity than your mask’d Designs deserved at my hands, I know not why you should obtrude on me an Alteration of my Opinion, or a withdrawing of my (but conditional) Respects from you. Thus far an Answer to what concerns me.

And now, as a Counsellor of England, let me be bold to expostulate with you upon that which follows in your Letters.

How cometh it to pass that you should upbraid us, or expect from us, that we should not give credit to my Lord Traquair’s Relation; that we did not mediate with the King to change his Resolution of sending forth an Army; and that we did not deny the King Loans of Money for his Service?

My Lord, These Enforcements perhaps as little become you, as it is certainly unlawful and undutiful in the Subjects of England to dispute it with their King. You may pretend Religion to be the sole Cause of your Grievance; but we believe it a woful Religion here, that hath thus devested itself of all Moral Duty and Civility. Nay, you go further, you threaten and fear us with a Mischief that will not end in our days; and boldly make it your own Act, to have declined it hitherto without Obligation to the Kings Mercy at all. You tell us of Plenty, and Ease, and Happiness for many years enjoyed, and wonder we should expose all those to hazard for the pleasure of some few Prelates.

My Lord, These are Arguments for common People, and Men of broken Fancies to feed upon; but such Suggestions will not find nor make a Party here. Perhaps it may blow them into a Flame, whose Zeal already hath burnt up their Duty and conscionable Allegiance unto their Master.

To be short, as I never had a Correspondency of Bussiness with your Lordship, so your Letters have assured me it is dangerous to begin it. Yet for the Peace of both the Churches and Kingdoms, I will adventure to give you this Intelligence, That we have not (in our Council here) proceeded against you without deliberation, a good Conscience, and a just sense of Honour. Neither shall I, or any of us, be entreated or feared by you, or any of you, for contributing our Assents or Fortunes thereunto, but as our Master shall command us.

Lastly, Know you, my Lord of Rothes, that the return of my old Friendship to you is to be expected, when I shall hear of your Renovation. Be simple, my Lord Rothes, and not a Covenanter, and I shall be the same.

P. & M.

Whitehall, March 8th,
1639 [40.]

1640.—[Date uncertain.]

5. _Letter from the Covenanters to the King of France._[250]

SIRE,

Vostre Majesté (estant l’asyle & sanctuaire des Princes & Estats affligéz) nous avons trouvé necessaire d’envoyer ce Gentilhomme le Sieur de Colvil, pour representer a V. M. la candeur & naiueté tant de nos actions & procedures, que de nos intentions, lesquelles nous desirons estre graveés & escrites à tout l’univers avec un ray du Soleil, aussy bien qu’a V. M. Nous vous Supplions doncques treshumblement (Sire) de luy adjouster foy & creance, & a tout ce qu’il dira de nostre part, touchant nous & nos affairs; estans tresasseurés (Sire) d’une assistance esgale a Vostre clemence accoustumeé cydevant, & si souven monstrée a ceste Nation, laquelle ne cedera la gloire à autre quelconque d’estre eternellement,

Sire, de V. M.,

Les treshumbles, & tresobeyssants, & tresaffectionés serviteurs,

Rothes, Montrose, Lesly, Marre,
Montgomery, Loudoun, Forrester.

_Englished thus_:—

SIR,

Your Majesty being the Refuge and Sanctuary of afflicted Princes and States, we have found it necessary to send this Gentleman Mr Colvil, to represent unto your Majesty the candour and ingenuity, as well of our Actions and Proceedings, as of our Intentions, which we desire to be engraved and written to the whole World with a Beam of the Sun, as well as to your Majesty. We, therefore, most humbly beseech you (Sir) to give faith and credit to him, and to all that he shall say on our part, touching us and our Affairs; being most assured (Sir) of an Assistance equal to your wonted Clemency heretofore, and so often shewed to this Nation, which will not yield the Glory to any other whatsoever, to be eternally,

Sir,

Your Majesty’s most humble, most obedient, and most affectionate
Servants,

Rothes, Montrose, Lesly, Marre,
Montgomery, Loudoun, Forrester.

1640.—June 17.

6. _Letter from Committee of the Scottish Parliament to the Earl of Lanerick._[251]

RIGHT HONOURABLE,

It is not unknown to your Lordship with what difficulties this Kingdom hath wrastled this time past, in asserting their Religion and Liberties against the dealings of bad Instruments with his Majesty to the contrary. The means which they have used, have been no other but such as they humbly petitioned and obtained from his Majesty—a free National Assembly and Parliament. The Assembly went on in a fair way, and was closed with the liking and full consent of his Majesties Commissioner; but the Parliament Indicted by his Majesty was prorogated, till the Reasons of the Demands of the Estates were rendered to his Majesty; which having done by their Commissioners, they kept the second of June (the day appointed by his Majesty) for the sitting of the Parliament; and after diligent Enquiry, hearing nothing from his Majesty nor his Commissioner, neither by their own Commissioners or any others sent from his Majesty, which might hinder the Parliament to proceed to the settling of their Religion and Liberties, after mature deliberation, and long waiting for some signification of his Majesties pleasure, they have all, with one consent, resolved upon certain Acts, which they have adjudged to be most Necessary and Conducible for his Majesties Honour and the peace of the Kingdom, so far endangered by delayes; and have committed to us the Trust to shew you so much, and withal to send a just Copy of the Acts, that by your Lordship (his Majesties Principal Secretary of Scotland) they may be presented to his Majesty. The Declaration prefixed to the particular Acts, and the Petition in the End, contain so full expressions of the Warrants of the Proceedings of the Estates, and of their humble continued desires, that no word needs to be added by us. We do, therefore, in their name, (according to the Trust committed to us,) desire your Lordship (all other wayes of Information being stopt) with the Presenting of the Acts of Parliament, to represent unto his Majesty against all suspicions, suggestions, and tentations to the contrary, the constant love and loyalty of this Kingdom unto his Majesties Royal Authority and Person, as their Native King and kindly Monarch: And that they are seeking nothing but the Establishing of their Religion and Liberties under his Majesties Government, that they may still be a free Kingdom, to do his Majesty all the honour and service that becometh humble Subjects; that their Extremity is greater, through the Hostility and Violence threatned by Arms, and already done to them in their Persons and Goods, by Castles within and Ships without the Kingdom, than they can longer endure: And that, as his Majesty loveth his own Honour and the Weal of this his Antient Kingdom, speedy course may be taken for their relief and quietness; and that if this their Faithful Remonstrance (to which, as the Great Council of the Kingdom, they found themselves bound at this time for their Exoneration) be passed over in silence, or answered with delayes, they must prepare and provide for their own defence and safety. We are very hopeful that your Lordship (as a good Patriot, and according to the obligement of your place) will not be deficient in that duty for your Native Countrey, and send us a speedy Answer, as we shall in every duty be careful at all occasions to shew our selves.

Your Lordships humble Servants,

_Signed_, Balmerino,
Burghly,
Napier,
Thomas Hop,
John Murray,
John Hamilton,
George Dundas,
John Smith,
Ed. Egger,
Thomas Patterson,
Ja. Sword.

1640.—June 26.

7. _Terms of Agreement on which Lord Lowdoun was liberated from the Tower of London_.[252]

I. The Lord Lowdon doth promise to contribute his faithful and uttermost Endeavours for his Majesties Service, and furthering of a happy Peace, and shall with all possible diligence and care go about the same, and shall labour that His Majesties Subjects of Scotland may in all humility petition, that His Majesty may be Graciously pleased to authorize a Commissioner with full Power from His Majesty to establish the Religion and Liberty of that His Majesties Native and Ancient Kingdom according to the Articles of Pacification, and that by a new Convening or Session of the Parliament, without cohesion or dependence on what hath been done by themselves, without His Majesties Presence, or of a Commissioner to represent His Majesties Royal Person and Power.

II. That if there be not an Army already convened in Scotland in a Body, he shall endeavour that they shall not convene, nor come together during the time of Treaty, in hope of Accommodation; and if they be already convened in a Body before his return, he will labour that they may dissolve and return to their several Shires, or dispose so of them, that they remain not in one Body, as may best evince that they intend not to come into England; but may carry themselves in that respective way, as may best testifie their Duty to His Majesty, and their Desires of Peace.

III. That if General Ruthwen shall happen to become their prisoner, they may (as a testimony of their desire to shun every thing which may provoke His Majesties displeasure) preserve him, and that the Lord Lowdon will shew how far he is engaged for his Safety.

IV. That when Affairs shall be brought to a Treaty in Parliament, and that His Majesty shall be Graciously pleased to settle the Religion and Liberties of the Kingdom according to the Articles of Pacification, he will endeavour that the Kings Authority shall not be entrenched upon, nor diminished, that they may give a real demonstration to the World, how tender and careful they are, that His Majesties Royal Power may be preserved both in Church and State.

V. That what is done or imparted to the Lord Lowdon concerning His Majesties Pleasure shall be kept secret, and not revealed to any here, further than His Majesty shall think expedient.

That the Lord Lowdon shall (as soon an conveniently he can) return an account of his Diligence.

[There was given with this another Paper, which follows.]

_Memorandum of what passed betwixt the Marquis of Hamilton and me_, 26 June 1640.

I. Because no great matters can be well effectuated without Trust, Fidelity, and Secrecy; therefore it is fit that we swear Fidelity and Secrecy to others, and that I shall faithfully contribute my best Endeavours for performance of what I undertake; and that my Lord Marquis doe the like to me.

II. Our desires and designs do tend mainly for Preservation of Religion, Laws, and Liberties of the Kingdom, the Kings Honour, and of His Royal Authority, and for establishing of a happy Peace, and preventing of Wars; and we are to advise and resolve upon such ways and means as may best conduce for these ends.

III. If (after using of our utmost Endeavours) it be not Gods will that we may be so happy as to obtain such a Peace in haste, as may content the King and satisfie his Subjects, till differences draw to a greater height, and beginning of Wars, to resolve what is fit to be done in case of such an Extremity, for attaining a wished Peace, and to condescend what course we shall take for keeping of Correspondence.

If my Endeavours and Service (which doubtless will put me to a great deal of expence and pains) shall prove useful for His Majesties Service and Honour, and the Good of the Kingdom, which are inseparable, the Marquis will intercede really, and imploy his best Endeavours with the King, to acknowledge and recompence the Lord Lowdon’s Travels and Service in such a manner as a Gracious King and Master should doe to a diligent and faithful Servant.

1640.—June 27.

8. _The Earl of Lanerick’s Answer to the Committee_.[253]

MY LORDS,

By my former of the date of the 23d of June, his Majesty was pleased to promise by me, to let you know within few dayes his further pleasure concerning those proceedings and desires of the Noblemen, and Barons, and Burgesses, which you sent me to be presented to his Majesty; whereupon he hath now commanded me to tell you, that the Not Proroguing of the Parliament in a Legal and Formal way, was not for want of clear Instructions, and of full and ample Power from his Majesty, he having fully signified his pleasure to those whom he did entrust with the executing thereof, not thinking it fit to employ other Servants of greater Eminence, by reason of the disorders and Iniquities of the times: and as forced by the importance of his other great and weightie affairs, he was necessitated to Prorogue the Parliament for some few dayes, so did he most really intend to perform, at the time prefixed, whatsoever he had promised by the Act of Pacification; but neither can the neglect of his servants, (if any be,) nor those other Reasons alledged by the foresaid Noble-men, Barons, and Burgesses, in their Declaration for their sitting, satisfie his Majesty for their proceeding in a Parliamentary way; since, by the Duty and Allegiance of Subjects, they are bound to acknowledge, in a most special manner, his Transcendent Power in Parliaments. And if Subjects there do assume the Power of making Laws, and rescinding those already made, what Act can be done more Derogatory to that Regal Power and Authority we are all sworn to maintain? Therefore his Majesty conceives, they cannot in reason expect he can interpose his Royal Authority to these, or any other Acts whatsoever, whereto neither he in his own real Person, nor by his Commissioner, did assist. Yet such is his Majesties Clemency, that when they shall take such an humble and dutiful way, as may witness that they are as careful and tender of his Majesties Royal Power, as they are desirous of his Approbation, then shall it be time for them to expect such a Gracious and Just Answer, as may testifie his Majesties Fatherly Compassion of that his Native Kingdom, and his Pious and Princely care of performing whatsoever is necessary for Establishing their Religion and Laws. So thus, having imparted unto you all that was enjoyned me by his Majesty, I shall say no more from my self, but I am

Your Lordships humble Servant,

LANERICK.

White-Hall, June 27, 1640.

1640.—July 7.

9. _Reply by the Committee to Lanerick_.[254]

MY LORD,