Chapter LX: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (57)

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_For Glasgow. To Mr Robert Ramsay. London, August 18, 1646._

We are here, by the King’s madness, in a terrible plunge. The powerful faction desires nothing so much as any colour to cast the King and all his race away, to have a quarrel with us; this they will get if the King stick but for a few days many of the propositions. Many here will regret it; but none will oppose. With great difficulty we drive over a little time, and to our utmost labours with the King. He never did any good turn in due time; our people, I fear, be a snare to him. Divisions are like to increase, and the best to be borne down most. Worse evils hang above the head of poor Scotland than yet we have suffered, except the Lord prevent, and such as I cannot see their end. Blasphemous heresies rage here every where, without any controul, to this day. Warnings are clear and zealous; but a few that make it their work to patronise and advance a horrible liberty, mars all. This nation also is in a temper to fall in a worse war than the former. God help us, we had need to pray. Never people nearer to a bottomless pit of horrible evils.

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_To Mr David Dickson, September 22, 1646._

Reverend and Dear Brother,

—— We have ended the Confession of Faith for the matter, and have perfected the most half of its nineteen chapters. The other seventeen, I hope, in a ten or twelve days will be perfected, and so all be sent up to the Houses. It will be, I hope, a very sweet and orthodox piece, much better than any Confession yet extant, if the House of Commons mangle it not to us. We are now upon the Catechism. We hope that also shall be a very good and plain piece. We are now at work, thanks to God, in earnest much more than ever. If the race hold, I trust this also in a month shall be over, and then Mr Rutherford and I will supplicate the commission for a demission. Mr Gillespie will be abundance to attend the queries. It will be a great question when you shall think meet to call a general assembly. We yet know not what to advise. It will be necessary to have the Confession and Catechism approven in a general assembly, as the Directory was; but we fear the condition of your affairs at this time, will scarce permit you to hazard to call one. Always be thinking on this; for it will be a great deliberandum shortly. To-morrow, the House of Commons debate the ordinance against heresies and blasphemies; we are very solicitous for it. The orthodox and heterodox party will yoke about it with all their strength, the Lord be among them; for the right or wrong carrying of that business is of a huge consequence, and nothing beyond it but another question which this day is handled, How to dispose of the King’s person? Great need had you there, as in my last I warned you, to see to the election of commissioners to the parliament, both in the burghs and shires. If that choice fall wrong, Scotland is in hazard to be ruined.

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_For Mr Spang. October 2, 1646._

They have passed a vote of disposing the King’s person as their two Houses shall think fit, without any reference to us. We press, by many unanswerable reasons, our joint interest. They deny it. It is like we may join in advising, and get the question of power laid aside; but when we come to advise, we know not what to say. We expect one of these days William Murray with the King’s last answers. We are certain they will not satisfy. Their course thereafter with the King will be more summar than we readily can join in peace. We see an inundation of evils; except the great God arise we are undone. These things were the subject of yesterday’s full debate betwixt the two Houses and our commissioners. We expected £200,000 to have been put in our army’s hand within a fortnight, and the sectarian army disbanded, and that party humbled, government presently set up, the ordinance against sects and heresies that now is in debate to pass, and be execute; but the King’s obstinacy is like to mar all. And having done all we can, we know not what to do with him next. The good Chancellor is distempered with grief, and I with him also, and others of us; God help us. When we get better news ye shall get part; for the time I am not well neither in body or mind.

_For Mr George Young. October 13, 1646._

The unreasonable vote of disposing of the King’s person as their two Houses of Parliament think meet, without the least reference to Scotland, they still adhere to. In three solemn meetings, the Chancellor, Wariston, and Lauderdale, did so out-reason them, that all the hundreds of hearers did grope their insolent absurdities; but for no other purpose, than to draw from them another very unexpected vote, of keeping up the army for six months more. The keys, the sword, and money, and preferments, in the hands of the sectaries. With much ado have we kept the report of these three conferences from the Houses, to be made in four or five sheets, on Thursday, by ourselves. The King’s answer cannot be here till Monday. In the meantime they are so peremptor, that they may pass a vote, declaring the King, for no scant of faults, incapable to govern while he lives. If this nail be once rooved, we with our teeth will never get it drawn. If we get it delayed a few days, till the answer come, it is well; but when that much-expected answer comes, if it be not satisfactory, as we are extremely afraid for it, then, by all appearance, this people, without more delay, will strike the fatal stroke; the consequences whereof I am oft troubled to think upon. If the answer were satisfactory, as some hope there is that at least in time it may be so, if the patience of this people, by all diligence we can use, may be kept but for a few weeks unbroken, all would go well.

For matters of religion, albeit for the time in an extreme ill posture, yet are in a case of thriving, if the accommodating of the King did permit men but to draw up their fainting spirits. The fear of that miscarriage lets no man mind any thing else. London and Lancashire goes on with the presbyteries and sessions but languidly. Sundry other shires are making to; but all the errors of the world are raging over all the kingdom. God save Scotland from that pest! In the ordinance against that evil there is some little progress made. To-morrow, by God’s help, we expect a farther. Our assembly for one twenty days posted hard; but since have got into its old pace. The first half, and more, of the Confession, we sent up to the House. The end of these who called for it, was the shuffling out the ordinance against errors; yet our friends have carried to go on with that. But others have carried the putting of scriptures to the margin of the Confession, which may prove a very long business, if not dextrously managed. It will be yet a fortnight before the other half of it be ready; for sundry necessar, but scabrous propositions, were added in the review. We have passed near a quarter of the Catechism; but we will not in earnest win to it till Confession be off our hand. I am near ready to speak a word with the Anabaptists. I dare say, too much ease has not been hitherto in me or my colleague’s disease.

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_To Mr David Dickson. October 27, 1646._

The peace of the kingdoms is still in a great uncertainty. We fear every other day, that the Houses impatience of the King’s infinite delays break off in a fury against him, and then that he be brought to consent to all but to no purpose, unless to engage our poor kingdom in his quarrel, for the joining of our ruin to his own. It is also whispered, that he is coming off to grant all things but the covenant, and church-government, and that it is like the parliament here will close with him in these terms, without much regard to our complaints and miscontentment this way.

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_To ——._ [_This letter is, I suppose, for Mr Robert Blair._] _November 3, 1646._

I hear that not only the chief of the sectarian party, but some others, seem in private to give their readiness to welcome the King, if the other propositions be granted, though the covenant be shifted. The sectarian party, and divers others who profess most to oppose them, seem to be in a way near a disposition to admit, unanimously enough, of a charge against the King’s person, which they say is in readiness, and that the great stop to this, all fear from the Scots and the city will be removed. If they find that the King in his answer give not quick and full satisfaction in the covenant, I really believe the King is greatly abused if he dream that either the Scots or the city will make any considerable opposition to any course the parliament shall be pleased to take with his person, if there be any more hesitations in establishing that covenant.

It is to me marvellous, that no experience, how dear, or frequent soever, will learn his Majesty that one point of prudence, to do in time for his great advantage, what he must and will do ere long, without any thanks, and that with a great addition. The covenant now will do all his business. Will he scruple it till the ordinance pass, the next debate will be about his negative voice in the parliament; and very readily that shall be put in an ordinance; and without it also there shall be no admittance of him, or any of his, to the throne.

To many here it seems a great measure of imprudence, and (as some call it) induration and dementation, to be content that the parliament here should run out into the greatest extremities, and to hope that those shall be the readiest means to obtain to the King all his desires; for I verily think that if the parliament shall once go on to the hardest courses with the King, upon his refusal to pass the covenant, and to do these duties which the most of the good men in both kingdoms are persuaded he ought in reason, he will never get, either here or in Scotland, any considerable force for his defence.

* * * * *

This people’s patient waiting for the King’s last answer, is very near a final period: and all are afraid that one of these days the House of Commons doors be closed, and some high vote pass that never shall be recalled.

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Again, I tell you, from all I converse with, the covenant is his safety; nothing less will do it; and this will do it, by God’s help abundantly.

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_To Mr George Young. December 1, 1646._

The £200,000 was all told on Friday last. All this day our commissioners have been agreeing upon the way of its receiving, and the going of our army. Great haste will be used upon all hands, no stop is expected. We have had sore labour these weeks bygone, to put on many things in the Houses, assembly, and city, much ado to get the great sum; but when once it was on a way, it ran faster than it could be received. It was my dear friend Dr Burgess’s singular invention, that all who contribute to this sum, would have as much of his old debt, with all the annualrents counted to him, and for all make a good pennyworth of the bishops lands; so the bargain being exceeding advantageous, the strife was, who should come in with his money soonest. By this means we got the bishops lands on our back, without any grudge, and in a way that no skill will get them back again.

* * * * *

The body of this people would gladly embrace the King and peace; but if one month longer he go on to dally, they will reject him for ever; and if he then run to us, to draw a perpetual war upon our backs, he cannot be very wellcome. Our commissioners here, twice every week, write such long, free, and true scrolls, as will absolve them from any guilt, if persons obstinate in madness will needs destroy themselves. I think all here shall either come home with me, or at my back. A base scurvy pamphlet came out against our papers, which by order of parliament this day was publickly burnt; yet the House of Commons answer to us was sent us this day also, little better than that which they burnt.

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_For Mr James Robertson of Bedlay. December 8, 1646._

Some few of the most active men of the House of Commons and army are for too general a liberty for all consciences; but the most of both Houses are right and sound, and the body of the city are zealous against all errors and confusions, as the world will see in their new petition yet before this week end. Generally the ministers over all the kingdom are orthodox; and the sectaries except a very few, are but heady, illiterate persons. If peace were settled, and the army down, all here think that the noise of heresies, which now is very loud, would evanish. This night I count us as good us agreed for the sending down of our money, and the return of our army. I think, on Monday, and not sooner, it will go. We receive at Northallerton, £100,000, and the other beyond the Tine, when Newcastle is delivered.

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_To my Lord——._ [_This, I suppose, is to the Earl of Loudon,
Chancellor of Scotland._] _December 25, 1646._

If it please God the King come hither, who shall be his ministers? By all means it must be provided, that he be not permitted to have any service either from Episcopal men or sectaries. There will be difficulty to get these eschewed. If the King have his choice, without rules from his parliament, he will take no other than Episcopal men. If some have the power either of nomination or effectual recommendation, without doubt the prime sectaries shall be planted about him. For the preventing of this, were it not meet, while the King is with us, to be thinking what ministers we could wish to wait on his family and children? In the mean time, while the King is on his journey, and while he is a-settling here, were it not meet to move his Majesty to require Mr Blair to attend him; and if it may be, to have the spiritual care of the children?

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_To Mr William Spang._

The treaty for our army, and so the committee of both kingdoms, being ended, and the next deliberation about the King, being of that importance, that our commissioners think meet to remit it to the parliament of England, the Chancellor and Lauderdale purpose to go home the next week, and I, God willing, with them. Our assembly, with much ado, at last have wrestled through the Confession, and the whole is now printed. The House of Commons require to put Scripture to it before they take it to consideration; and what time that will take up, who knows? We have passed a quarter of the Catechism, and thought to have made short work with the rest; but they are fallen into such mislikes, and endless janglings, about the method and the matter, that all think it will be a long work. The increase of all heresies here is very great.

* * * * *

At last his [the King’s] answer is come to us, and this day was communicate to both Houses. It is but a mere general, that he desires to come here to be heard, for the loosing of his scruples. The Houses have voted his coming to Holmby house near Northampton, in quality little better than a prisoner; which he will never agree to. It will be endeavoured that the two parliaments may agree in some course of his restraint, if he continue in his unhappy courses. His warrant the other day was produced for stealing away the Duke of York to France. If either he could be moved to agree with his parliament, or they to agree among themselves in any course for him, it seems we might have here, both in church and state, all our desires; but neither of these being likely, our dangers both in church and state are very great and imminent.

[_See continuation of the Account of the Westminster
Assembly, appended to the Acts of 1647._]

_Note of Proceedings in the Convention of Estates relative to the
Church, betwixt the Assemblies of 1646 and 1647._

_Nov. 14._ Letter from the Parliament to the King, desiring a Settlement of Religion, and a happy and well-grounded Peace in all his Majesties Dominions, according to the Oath and Covenant, p. 231.

1647.

_Jan. 16._ Declaration of the Kingdom of Scotland concerning the King’s Majesty’s Person, p. 239. Desires of the Kingdom of Scotland, p. 240. A Letter from the Parliament of Scotland to the Parliament of England, p. 241.

_Jan. 23._ Ordinance anent the answering of the King’s Majestie’s Letter, direct to the Earl of Crawford. _Ib._

_Feb. 11._ Answer of the Parliament to the Remonstrance of the Church, p. 247.

_Feb. 12._ Act for Transporting of the Kirk of Dunscore, p. 249.

_March 12._ Act Erecting the Kirk of Glencorse, p. 264. Act Erecting the New Kirk of Glenluce. _Ib_. Act Erecting the West Kirk of Calder. _Ib_. Act for Transporting the Kirks of Logie-Montrose, and Peant. _Ib._

_March 18._ Act against Excommunicate Persons, ordaining that, after the lapse of forty days, they shall be put to the Horn, and Letters of Intercommuning and Caption issued against all who refuse the Covenant, &c., p. 267. Act Discharging Observation of Superstitious Days, p. 268. Answers of Parliament to the Overture given in to the Parliament by the Commissioners of the Assembly. _Ib._

_March 19._ Instructions from Parliament to their Commissioners in London, p. 268.

_March 20._ Act and Commission to the Committee of Estates. _Ib._

_March 23._ Act Lord Huntlie upon the Production of the Articles of Treaty betwixt the Kingdoms of Scotland and England, p. 272.

_March 24._ Act Renewing the Commission for Plantation of Kirks and Valuation of Teinds. _Ib._

_March 26._ Act concerning the Education of Children under Popish Parents and Tutors, p. 276.

_March 27._ Commission for Visiting the University of Aberdeen, p. 288.

THE GENERAL ASSEMBLY, AT EDINBURGH, 1647.

In resuming our narrative of public events, in which the Church of Scotland acted an important part, we commence, on this occasion, at the beginning of June, 1646, when the King was in the Scottish Camp at Newcastle, and when the Assembly met at Edinburgh. From the Acts of that Assembly, it will be seen that his Majesty addressed a letter to it, (28th May,) promising “to maintain religion _there_ as it is established, in doctrine, worship, and church government;” that the Assembly, on the 18th of June, responded to this in vague and general terms, but renewed its commission for “prosecuting, advancing, perfecting, and bringing the said work of uniformity in religion, in all his Majesty’s dominions, to a happy conclusion;” and addressed letters to the English Parliament, the Westminster Assembly, and the City of London, all to the same effect.[337]

On the 25th of that month, at a meeting of the Grand Committee of both Houses of the English Parliament, Argyle delivered a document containing the acquiescence of the Scottish Commissioners in the propositions for peace, which had been suggested by the English Houses; and delivered a speech in which uniformity in the three kingdoms, the Covenant, and intolerance to all Dissenters, formed the leading topics. The English Parliament, however, still sheltered itself under the convenient verbiage, that the church government in England should be modelled “according to the Word of God, and the example of the best reformed Churches.” At the same time, a petition from the officers and soldiers of the Scottish army, addressed to their general, Lord Leven, was got up. This was followed by a declaration of the Lord General, the general officers, and soldiers of that army, on the 29th of June, intimating their adherence to the Covenant, but intimating too, that, having come to England in support of their allies in that cause, they expected their pecuniary recompense, and that being given, they would then willingly retire into Scotland. A petition to the King, pressing on him the adoption of the Covenant and the enforcement of it in England, was also presented; so that Charles was assailed on all hands by a combined pressure from the Parliaments of both kingdoms—the Westminster and General assemblies—the Scottish army—to relinquish at once the last of his prerogatives and his conscientious principles. Whatever, therefore, he subsequently did in the way of concession, can only be ascribed to absolute and irresistible coercion, while in a state of thraldom.

The propositions of peace, as they were called, being thus concerted, with the elements of future discord in their bosom, were passed in the English Parliament, on the 27th of June; and, as an earnest of their extirpating tendencies, Morgan, a priest, who had received orders beyond seas in the Church of Rome, “was drawn, hang’d, and quarter’d at Tyburn,” on the 30th of the same month.[338]

On the 6th of July, “the Commons voted that this kingdom hath no further need of the Scottish army, and that the kingdom is unable to pay them longer; and that a letter should be sent from both Houses to the Commissioners of Scotland, to desire them to withdraw their army into Scotland.”[339] On the 10th of that month, the Assembly’s letters, already referred to, were received; and, on the 13th, the propositions for peace, which had been previously drawn out, [_Die Sabbathi, 11th July, 1646_,] were finally adjusted, in order to be offered to his Majesty.

The main points in these propositions, touching religion and its establishments, were, that the King should sign and swear the Solemn League and Covenant, and an act of the Parliaments in both Kingdoms be passed, enjoining all the subjects in the three kingdoms to do the same, under such penalties as the respective Parliaments should enact; that a bill be passed, utterly abolishing Prelacy, in terms of the treaty at Edinburgh, 29th November, 1643; that the ordinances as to the Assembly of Divines be ratified by act of Parliament; that the Reformation of Religion should be settled by act of Parliament, conformably with the League and Covenant; that an oath be imposed on all Papists, renouncing their tenets; and declaring that, if the King should not give his assent to these proposals, then, it being done by both Houses of Parliament and the Scottish Estates, the same should be as valid as if such assent had been given. There were other propositions, such as the King relinquishing the command of the army for twenty years; but to these it is needless here to allude further than that a long list of persons was proscribed as not fit to receive pardon for their proceedings during the troubles.[340]

On the 23d of July, the Commissioners from the English Parliament arrived at Newcastle, and were attended by Argyle and Loudoun as Commissioners for Scotland. The King appointed an audience next day, when the propositions were read to his Majesty, the Commissioners informing him that they had no power to treat, or to remain above ten days for an answer. At one of the interviews which the Commissioners had with the King, Loudoun, in very plain terms, intimated that the Parliament “are now in such a posture for strength and power, they are in a capacity to do what they will, both in Church and State; and some are so afraid, and others so unwilling to submit themselves to your Majesty’s government, that they desire not you nor any of your race longer to reign over them; but the people are so wearied of the war and great burthens they do groan under, are so loth to have monarchical government destroyed, that they dare not attempt to cast it totally off, till once they send propositions of peace to your Majesty.” He added, “If your Majesty (as God forbid) shall refuse to assent to the propositions, you will lose all your friends in the Houses, lose the city and all the country; and all England will join against you as one man: They will process and depose you, and set up another government; they will charge us to deliver your Majesty to them, and render their garisons, and remove our armies out of England; * * * and if your Majesty lose England by your wilfulness, you will not be permitted to come and reign in Scotland.”[341]

The King, however, was not entirely overwhelmed by the language of intimidation thus held towards him; but, on the 1st of August, delivered to the Commissioners an answer, which will be found annexed,[342] proposing to go to London “upon the publick faith and security of the two Houses of Parliament and the Scotch Commissioners,” there to negotiate the terms of an adjustment on all points; and, with this answer, the Commissioners returned to London the day following, and, on the 12th, reported their proceedings to Parliament.

“The spirit of the age,” in any age and in every country, is often marked emphatically by trivial circumstances. Of this we have an example at the period now under consideration. The Great Seal of England, which had been carried to Oxford in 1642, and other Signets of Royalty, were found there on its surrender, and were ordered by the House of Commons to be broken in pieces; and, on the 11th of August, “were, by a smith, broken to pieces at the bar of the Lords’ House, the whole House of Commons being present.” Such was the morbid fanaticism at that time even against the symbols of regal authority.

It cannot be deemed foreign to this compilation to state, that, in the course of this month, (19th August,) the most distinguished leader of the Covenanters died; we need scarcely add the name—ALEXANDER HENDERSON. During the time that the King was at Newcastle, he had held an amicable controversy with his Majesty, on the relative qualities of Episcopacy and Presbytery, with the view of reconciling his antagonist in argument to the adoption of the latter; but this controversy, the records of which have been preserved, and which was conducted with great courtesy and talent on both sides, failed in the accomplishment of its object by the conversion of the King; and Henderson soon after returned to Scotland, where, suffering under a shattered constitution and broken spirit, he died, lamented by his friends and honoured by his opponents. The best tribute to his worth and talents is to be found in the pages of his contemporaries.

The settlement of the propositions, sent by the Parliaments to the King at Newcastle, did not form the only subject of perplexity to the ruling powers at the period now referred to. The same day that his Majesty’s answer was laid before the English Parliament, a paper was given in to the House of Peers by the Scottish Commissioners, declaring that the Scotch were “willing forthwith to surrender the garisons possessed by them in this Kingdom, [England,] (which they did keep for no other end but the safety and security of their forces,) and without delay to recall their army; reasonable satisfaction being given for their pains, hazards, charges, and sufferings; whereof a competent proportion to be presently paid to the army before their disbanding, and security to be given for the remainder.” Upon this a conference was held by the two Houses, and, two days after, the Commons voted £100,000 for the Scottish army, and promised an early audit and adjustment of their accounts. The demands of the Scotch amounted to about two millions; but, at length, after some cavilling, it was agreed, early in September, that they should be modified to £400,000, of which one moiety to be paid ere the army left England, and the remainder in future instalments. And, about the same time, Commissioners were sent from the Estates of Scotland to the King to persuade him to accede to the propositions already adverted to. The King’s answers to these are so important in a historical point of view, and as illustrating the relative position of all parties at that critical juncture, that we give them in our appendix of documents to which we refer.[343] And it may be here noted that, on the 3d of September, Montrose, by the Special orders of the King, relinquished, though reluctantly, his warlike position in the Highlands, and, along with some of his followers, embarked at Stonehaven for Norway.

On the 18th of September, “the House of Commons took into consideration how his Majesty’s person should be disposed of; and voted, 1. That whatsoever consultation and debate the Scots Commissioners should have concerning his Majesty’s person, the same should not in any ways impede the march of the Scots armies out of this kingdom, nor violate or trench upon the treaties between both nations. 2. That his Majesty shall be disposed of as both Houses of the Parliament of England shall think fit; and afterwards ordered that these Votes should be communicated to the Scots Commissioners, who pretending to a joint right of disposing of his Majesty’s person, a committee of both Houses was appointed to treat with them about it, who had sundry conferences thereupon.”[344] In the conferences which ensued, Loudoun, the Lord Chancellor of Scotland, in various eloquent speeches,[345] which reflect honour on his character and memory, contended for the perfect freedom of the royal person, and his restoration to all the honours of his station, or that he might go to Scotland; asserting the coequal right of the Scottish Parliament to regulate this matter: but the English Commissioners and Parliament maintained “that the Kingdom of Scotland hath no right of joint exercise of interest in disposing of the person of the King _in the Kingdom of England_”—overlooking, in the maze of the sophistries by which this doctrine was sustained, that the King was at the time under the protection of his Scottish subjects, and though in England for the moment, that, by removing him into Scotland, the whole argument would have been overthrown by a single day’s march, under a guard of cavalry, across the Tweed. They adhered pertinaciously to a prior and paramount right to the disposal of the King’s person, and, as will be seen in the sequel, they prevailed in the tedious written and oral controversy which took place on that subject.

The steadfastness of the King in refusing, without further consideration, to adopt the Covenant and abolish Episcopacy, while it discouraged the Presbyterians of England who were still attached to monarchy, was gratifying to the Independents, who rejoiced in it, as favourable to the establishment of a republic. Its effect in Scotland was most inauspicious, even although the Estates, and many of the chiefs, began once more to cherish their ancient loyalty. The English Parliament, while these altercations were in progress, (9th October,) issued ordinances abolishing Episcopacy, and ordering the sale of all church property—thus dispensing summarily with the royal sanction to these acts of democratic despotism.[346] On the 27th of November, the arrangements for paying off the arrears of the Scottish claims were completed, and the removal of the army stipulated for. On the 16th of December, the money was sent out of London in thirty-six carts, to pay off the first instalment; and, on the 21st of that month, the Commons voted that, after the payment of the first £200,000, the Scottish army would take no free quarters, nor levy moneys on the country; and both Houses named Commissioners to go to Scotland, and wind up this ticklish matter amicably. Nothing, however, was yet settled as to the King’s person; but it was agreed that this should be no impediment to the marching of the Scottish army, on receiving the first of the stipulated payments.

The Scottish Estates having met on the 3d of November preceding, were assembled at the time that these proceedings were maturing in the English Parliament. They resolved, on the very day that the money had been dispatched from London, (16th December,) to pay off their auxiliary army, “that instructions should be sent to their Commissioners to press his Majesty’s going to London, with honour, safety, and freedom, and that they should declare their resolutions to maintain monarchical government, in his Majesty’s person and posterity, and his just title to the Crown of England.”[347] This declaration, however, was not to the taste of the Commissioners of the General Assembly, who must needs intermeddle and supersede the Parliament; and, accordingly, next day, (17th December,) they concocted “A Solemn and Seasonable Warning to all Estates and Degrees of Persons throughout the Land,” in which, amidst a redundancy of the jargon of the times, they insisted that no deviation from the League and Covenant should be tolerated, under the pretence of preserving the King and his authority; and unless he should unconditionally adopt the Covenant, they obtested all the people to oppose his coming to Scotland—holding that document to be binding, not only upon all the existing generation, but their _posterity_.[348]

This most unseasonable usurpation of political power and interference in secular affairs had its natural effect in England. The declaration of the Scottish Estates, which was worthy of an independent, loyal, and supreme legislature, was presented to the English Parliament the one day, and the Warning from the Assembly’s Commission the day following; and, after reading it, a fresh discussion arose, which terminated in a resolution “that his Majesty should be desired to grant the whole propositions; and, in case of refusal, the certifications given to his Majesty should be put in execution, viz., To secure the Kingdom without him; and did declare that the Kingdom of Scotland cannot lawfully engage themselves for his Majesty, he not taking the Covenant, satisfying as to Religion, &c. Nor would admit him to come into Scotland unless he gave a satisfactory answer to the whole propositions lately presented to him in the name of both Kingdoms.”[349] This resolution implied an assumption of superiority in the English Houses of Parliament over the Estates of Scotland, which was a palpable act of unwarranted usurpation, inferring a breach of the Treaty; and we look in vain either to the general principles of international law, or to the existing treaties betwixt the two countries, for any justification of the assumption.

When the King was apprised of the proceedings in the English Parliament, which followed on the communications from Scotland, he sent another written message to both Parliaments, on the 20th of December, repeating his desire to confer with that of England, on the propositions submitted to him—not absolutely refusing, but desiring to give and receive in person, and in London, explanations. It concludes in these terms:—“’Tis your King who desires to be heard, (the which, if refused to a Subject by a King, he would be thought a tyrant for it,) and for that end which all men profess to desire. Wherefore his Majesty conjures you, as you desire to shew your selves really what you profess, even as you are good Christians and subjects, that you will accept this his offer, which he is confident God will so bless, that it will be the readiest means by which these Kingdoms may again become a comfort to their friends and a terror to their enemies.”[350]

To this message no answer whatever was returned; but, on the 22d of December, the Lords voted “That the King, being now in England, may come to New Market, there to remain, with such attendants about him as both houses of Parliament shall appoint; but the Commons agreed not with the Lords therein; and therefore voted, that Holmby House, in Northamptonshire, would be a place most fit for his Majesty, _if he please_ to come thereunto and abide with such attendants as both Houses shall appoint.” The two Houses, on the 25th of December, resumed consideration of this matter, “and the Commons further debated the King’s coming to Holmby, agreeing with the Lords that his coming thither should be with respect to the _safety and preservation of his Majesty’s person_, and in preservation and defence of the true religion. And the question being put, Whether the words ‘according to the Covenant’ should be added? it passed with the affirmative.” On the 5th of January, 1647, the Commons resolve to appoint Commissioners of both Houses to go down to receive the King from the Scots, and to bring him to Holmby; and the Earl of Pembroke and others were named accordingly. On the 14th, the King put several questions to the Scottish Commissioners at Newcastle, to which evasive answers were returned; and, on the 16th of that month, the Scottish Estates transmitted its consent for delivering up the King, in these terms:—“The Estates of the Parliament of the Kingdom of Scotland do declare their concurrence for the King’s Majesty’s going to Holmby House, or some other of his houses in or about London, as shall be thought fit, there to remain until he give satisfaction to both Kingdoms in the propositions of peace; and that in the interim there be no harm, prejudice, injury, nor violence done to his royal person; that there be no change of government, other than hath been _these three years past_; and that his posterity in no ways be prejudiced in their lawful succession to the Crown and Government of these Kingdoms.”[351]

The Commissioners from the English Parliament arrived at Newcastle on the 23d of January; and, on the 28th, “the Scotch Lords being all with his Majesty, he told them he had often desired to go into Scotland; that he came into their army for protection, and had it, but now perceived they were not willing he should go to Edinburgh. And they being to deliver up the garrisons, he desired to know how they would dispose of him; and for that end desired them to withdraw and consider to whom they would deliver him, which they did; and, coming in again, they told his Majesty that they had considered of his speech, and that, since his Majesty had refused to take the Covenant, and sign the Propositions, they were to deliver him to the Commissioners of both Houses of the Parliament of England, who were come to attend him to Holmby.”

“On Saturday, Jan. the 30th, the Scots march’d out of Newcastle, and Skippon took possession of it, and the Parliament’s Commissioners received the King into their charge, and soon after set forwards with him to Durham, and so on to Holmby, * * * where he arrived on Tuesday, Feb. 16, 1646-7.”[352]

Connected with these transactions, it should be recollected that, by the resolution of the Commons, on 1st September preceding, £100,000 were to be paid to the Scotch on the army leaving Newcastle—two other equal instalments in the payments, at three and nine months subsequently—another at nine months thereafter—and the last £100,000 after the lapse of twelve months more; so that when the King was delivered up, on the 30th of January, 1647, the Scottish authorities _then received_ one-fourth part of the money, the remainder being made payable within a period extending over two years and a-half after the surrender of the King; a mode of settlement which it is no breach of charity to assume was fully understood to be a pledge for the acquiescence by Scotland in the decrees of the English Parliament with reference to the Royal person.

It has been said, that the resolution of the Scottish Estates, on the 16th of December, “was obtained by surprise;” and that it was an “untimely excess of zeal;”[353] and plausible special pleadings have been indited by certain historians, to gloss over the pusillanimity and sordid considerations, by which the Scottish authorities were, subsequently, induced to truckle to these arrogant pretensions. We have no sympathy either with the morbid patriotism or the party prejudices which would vindicate our countrymen of a former, or of any age, at the expense of historical truth, from such imputations as those alluded to; and whatever were the real motives by which, in this matter, the Scottish Covenanters were guided, one thing is quite plain, that they meanly yielded to the insolent demands of the English Parliament, in an affair as to which there was no stipulation in the treaties betwixt them binding them to do so; that although distinct in point of form, the negotiations about payment of the arrears, and the demands for the royal person were contemporaneous; and that, although accounts were adjusted upon paper, no part of the promised arrears was paid at the time that the demand for the King’s person was made and reiterated by the English Parliament, nor for a considerable time afterwards. And, above all, viewed in a moral light, and with reference even to the terms of the Covenant itself, and the allegiance which they had sworn to Charles as King of Scotland, and their own demands on the English Parliament, that the King should receive all honour and enjoy all freedom personally—it seems impossible to doubt that a convenient policy overruled honourable principle and national spirit, when they simultaneously delivered up the King’s person to the English Parliament, and accepted the moneys then and subsequently doled out to them, from time to time, in successive instalments.[354]

The King having been thus delivered up to the English Republicans and Independents, and the Scottish army having retired within their own territories, in the end of January, 1647, our attention is now called to the proceedings which ensued there, before referring to occurrences of a very outrageous and extraordinary character in England.

On returning into Scotland, the army, under Leven’s command, was considerably reduced, without difficulty, to such an amount as was requisite for suppressing the Royalist insurgents in various districts of the Highlands. For this purpose, Middleton and David Leslie were intrusted with the command of the Covenanting forces. The Scottish Estates adjourned, having appointed a Grand Committee to watch the progress of events; and the Royalists were, in the months of March and April, effectually repressed. Strathbogie Castle was stormed, being the chief strength of Huntly, and some other forts in his country were reduced; on one occasion twenty, and on another several more of the prisoners being executed. Many other insurgents, some of them persons of distinction, were taken prisoners, but Huntly eluded pursuit. In the Western Isles, the relics of Montrose’s band, who had been joined by a new levy of Irish auxiliaries, were also dispersed and defeated. The castles of the Macdonalds were reduced by D. Leslie. The Irish retreated from Kintyre to Islay, and thence to Ireland, with the exception of about 200, who formed a garrison, but who, being overcome, were all subjected to military execution; and thus, for a time, ended the insurrection in favour of the King in Scotland.[355]

The English Parliament was relieved by the arrangement with the Scottish Estates, already detailed, of some portion of its embarrassments; but a very formidable difficulty yet remained in regard to the disposal of its own army. It could not be upheld, at its existing strength, without proving a heavy burden on the country; and, from its character, it was dangerous to have such an army on foot and unemployed. It was, therefore, deemed prudent to select a portion of it for service in Ireland, where the authority of the English Parliament was still unacknowledged and resisted, and to disband the remainder; and, in the beginning of April, a petition was got up, with this view, from the county of Essex, praying for the speedy disbanding of the army; and the county committees which had sprung up in various quarters, excited the jealousy of the nation. On the 9th of April, the Commons resolved that, a fortnight thereafter, they should proceed to “debate the business of the Church for fourteen days together, and, in the interim, no private business to intervene;” and, on the 13th, Commissioners were appointed to go to the army, with propositions to the officers and soldiers, who were to be sent to Ireland. Symptoms of mutiny began to appear in a portion of it, stationed in North Wales, on the subject of arrears. Next day a petition from some of the reduced officers, who served under Fairfax, was read to the House, complaining of certain grievances and craving indemnity. On the 17th, a letter from the Commissioners sent to the army, of which Walden was the General’s head-quarters, was received, on the subject of enlisting for Ireland, and a conference took place with the officers who had been appointed to represent the desires of the army to Parliament. The negotiations with the army, as to going to Ireland, proceeded with but small success, and amid much distraction; and, on the 17th, there was a long debate, which was adjourned, whether to disband the army entirely or send it unbroken to Ireland for reducing that kingdom? On the 27th, it was stated that the arrangements, as to Ireland, had been obstructed by some officers in the army, and it was ordered that four of these should be summoned by the serjeant-at-arms to attend the House; and, after a long debate, it was resolved that the whole army should be disbanded, receiving six weeks’ pay. The same day, a petition was presented to the Commons by some officers for themselves and their fellow-soldiers, along with a vindication of their proceedings, which was signed by fourteen colonels and lieutenant-colonels, six majors, and an immense number of inferior officers. Nor was this movement confined to the superior officers; for the petty officers and common soldiers were completely organized, under the disguised auspices of Cromwell and Ireton, in a compact confederacy, and selected a committee, consisting of delegates from every regiment, who were distinguished by the name of “Agitators”—a term which has been appropriately revived, in more recent times, to indicate the existence of a similar spirit of insubordination and rebellion. At the period now referred to, England presented all the realities of revolutionary anarchy; and a volcanic power, the elements of which had long been fermenting underneath the English Parliament, was now on the eve of bursting forth ere it could escape that resistless power.[356] Like the Prætorian bands of Imperial Rome, the English army now assumed to itself supreme sway in the British empire, imitating the example of an unconstitutional Parliament, by which it had been called into existence, and usurping a power by which, ere long, that and all civil authority whatsoever was utterly overthrown.

On the 30th of April, the mutinous spirit of the army was conspicuously shewn by the production, in Parliament, of a letter, from some troopers in behalf of eight regiments of cavalry, wherein they expressed their reasons for not embarking in the service to Ireland, and complained of calumnies against them. Three of those who attended as delegates were called in and examined before the Commons. The House were afraid, however, to check these movements vehemently, and appointed Cromwell, Skippon, Ireton, and Fleetwood, to go to the army and pacify the discontents by lavish promises—the very men who were secretly at the bottom of the mutinous movement. Next day, four officers, who had been sent on a similar mission to London, were in attendance; but the House resolved not to call them to the bar; and Fairfax, the commander-in-chief, issued an order that all officers then in London should return to their corps within twenty-four hours. At this time, there was considerable alarm created by rumours that the army was making overtures directly to the King; and (3d May) the Provincial Assembly of London, on the Presbyterian model, assembled for the first time, in conformity with the previous ordinances by the Parliament in April preceding. The new polity was similar to that of Scotland, differing, however, in this particular, that ruling-elders, chosen by the people, were admissible to the kirk-sessions and Classes or Presbyteries, but not to Synods nor General Assemblies; and, in addition to this, the Parliament repudiated the pretensions set up to the divine right of Presbytery, the leaven of sectarian independency being sufficient to counteract and overrule in Parliament, the notions of the Presbyterians in these particulars.

Meanwhile, tidings arrived that Kolkitto (Allaster M‘Donald,) a noted Royalist partisan, was ravaging Argyle, and that David Leslie had gone in quest of him. A petition was presented by some London citizens to the Commons as “the supreme authority of Parliament,” an expression which it affected at the time to dislike, although soon afterwards that authority was assumed by it. On the 7th of May, the Parliamentary Commissioners opened their conference for quieting “distempers in the army;” but these rather increased, and the common soldiers disputed the right of their officers to compromise them without previous consultation—a circumstance sufficiently indicative of the insubordination and bad spirit that had been fostered among the troops, amounting, at the time, to above 20,000 in number. Letters from the Commissioners to the army were received on the 11th, intimating that they had prolonged the time for the officers to “treat” with the soldiers. The tremour of Parliament in these circumstances may be inferred from the resolution to add a fortnight’s pay to that of six weeks’ previously agreed to be given at disbanding the army, with six weeks’ pay additional even to that, for all who should volunteer to go to Ireland; yet all this did not allay the “distempers” among the soldiery, who, on the 15th, appointed committees out of every troop and company for the management of their joint concerns, and were thus organized into a deliberative body, in contempt of the authority of Parliament.[357]

At the time now referred to, the King intimated that he was ready to give answers to the propositions formerly sent him to Newcastle; and, on the 18th, of May, his Majesty’s answers were communicated to both Houses. These were, in substance, that he desired to go to London, and was willing to settle the Presbyterian polity in England for three years; that he would ratify Westminster Assembly, provided some clergy, to be named by him, were added to it, in order to deliberate on the form of church-government that should be established after the lapse of these three years, and provided that he and his household should be free to adhere to the old form and use the Book of Common Prayer; that he would relinquish the command of the militia for ten years, to return to the Crown at the end of that time, &c. The House of Peers, on reading this letter, referred it to a committee, and the Commons agreed to take it into consideration some days after. On the same day, letters from the Commissioners to the army were received, setting forth the great weight and importance of their negotiations. On these, the Commons passed a resolution, that all the forces in the kingdom that would not go to Ireland should be disbanded, and remitted to the Committee at Derby House to consider of the time and manner of disbanding; and one or two of the Commissioners were ordered up to give an account of their proceedings. Next day was wholly spent in debating on the Confession of Faith, and the debate adjourned.

On the 20th, another petition to the Commons, as “the supreem authority,” was discussed and rebuked; and the Lords took into consideration that part of the King’s letter which referred to his going to London. After debate, it was agreed that he should go to Oatlands—the Commons concurring. The Provincial Assembly met in the Convocation House of St Paul’s. Next day an indemnity bill was passed, in both Houses, in favour of all who had acted under the orders of Parliament during the troubles. The army Commissioners reported to the House, and accounts were received, that all the troops had returned to their quarters, and discipline was again restored, under Fairfax, at Walden. At this crisis, a letter in ciphers, from Ashburnham to the King, was intercepted: it recommended to the King not to make an absolute agreement with the Parliament, as, peace being restored betwixt Spain and Holland, he might depend on a large auxiliary force from the former.