Chapter LXXIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (70)

You will do well to consider of the letter, which anno 1646, the assembly wrote to our late king; for the Independents make it a part of the rule they walked by. And, 2dly, They say, that in your last assembly, you have declared that these words of the covenant, where ye speak of defending the king’s person and authority, in defence of religion and liberties, are explained to be a limitation and excluding your obedience to him, except in such acts. And what say these bloody Independents? “Their putting the King to a violent death is not against the covenant: for they have put him to death, not for his defending religion, and the parliament’s liberties, but for going about the overthrow of both.” Think of this.

* * * * *

_The Commission’s letter to the King, with Sir Joseph Douglas. Edinburgh, February 7, 1649._

May it please your Majesty,

As we did always acknowledge your royal father his just power and
greatness, and poured forth our supplications and prayers to God on
his behalf, and do abhor these unparallelled proceedings of sectaries
against his Majesty’s person and life, so we do willingly and
chearfully acknowledge your Majesty’s most just right of succession
to reign as king over these kingdoms; and do resolve, in the power
of the Lord’s strength, to continue in prayer and supplication for
your Majesty, that you may fear the great and dreadful name of the
Lord your God, and reign in righteousness and equity, and the Lord’s
people under you, live a quiet and peaceable life, in all godliness
and honesty.

These kingdoms, now for many years past, have been involved in
many calamities and confusions, by which the Lord’s work hath been
obstructed and retarded, and the blood of his people shed as water
spilt upon the ground; and we cannot but look upon the counsels of
the ungodly as a main cause of all these evils. It hath been the
cunning of the Popish, Prelatical, and malignant party, to traduce
Presbyterial government, and the Solemn League and Covenant, as
destructive to monarchy, and with so much wit and industry they
manage those calumnies, that your royal father, to our exceeding
grief, was kept at a distance, in his judgement, from these things
that do much concern the kingdom of Jesus Christ, the peace and
safety of these kingdoms, and the establishing of the king’s throne,
and was estranged in his affection from them who tendered his person
and authority.

And seeing the Lord now calls your Majesty to succeed to one of the
greatest and most important employments upon the earth, which is much
heightened by the present condition, it is our earnest desire your
Majesty, in the name of the Lord Jesus, whose servants we are, that
you would not only shut your ears against calumnies, but avoid the
company, and shun the counsels of the ungodly, who study to involve
your Majesty’s interest, and that which concerns the preservation of
your royal person, and the establishing of your throne with their
private interests and ends, and to make your loyal subjects odious,
that they only may be gracious; and that your Majesty would avoid all
the temptations and snares that accompany youth, and humble yourself
under the mighty hand of God, and seek him early, and labour to
have your senses exercised in his word; and that your Majesty would
establish Presbyterial government, and allow and injoin the Solemn
League and Covenant, and employ your royal power for promoting and
advancing the work of uniformity in religion in all your Majesty’s
dominions. It is by the Lord, who bears rule in all the kingdoms of
the sons of men, that kings do reign; and whatever carnal policy
suggest to the contrary, there is nothing can contribute so much for
securing the kingdom in their hand, as being for his honour, and
studying to do his will in all things. Therefore we know not so sure
and speedy a way for securing of government in your Majesty’s person
and posterity, and disappointing all the designs of enemies, both on
the right hand and on the left.

We trust it shall yet afterwards be no grief of heart to your Majesty
to hearken unto us in these things, (we have hitherto obtained
mercy of God to be constant to our principles, and not to decline
to extremes, to own the way either of malignants or sectaries, and
we were faithful and free with your royal father, would to God he
had hearkened to our advice.) The Lord grant unto your Majesty
wisdom to discern the times, and to make use of the opportunity
of doing acceptable service to God, and engaging the hearts and
affections of your people in the beginning of your Majesty’s reign,
by condescending to these necessary things; so shall the Lord bless
your Majesty’s person, establish the throne, and our spirits, and the
spirits of all his people in these lands, shall, after so many years
of affliction, be refreshed and revived, and encouraged certainly to
pray for your Majesty, and to praise God on your behalf; and in their
places and stations, by all other suitable means to endeavour your
honour and happiness, that your Majesty may reign in prosperity and
peace over these kingdoms; which is the earnest desire and prayer of

Your Majesty’s loyal subjects and humble servants,

The Commissioners of the general assembly.

* * * * *

_Excerpt Letter to the Commission, from Holland. Hague, April 3, 1649._

The commissioners of parliament found it necessary to give in, as
previous to their desires, a paper, for removing of James Graham
from court. His Majesties answer under his own hand, was, That he
desired and expected all our propositions together; to which he hoped
to give a satisfactory answer. With this we were not content; but
pressed again our desire. The commissioners of Parliament by another
paper, and we also by one seconded theirs, a copy whereof we send you
herewith. The King’s second answer was an abiding in the first. We
had all of us some discourse with his Majesty about the equity and
necessity of that our desire; but James Graham hath so many and so
powerful friends in the English council, that as yet we cannot get
the King to discountenance him.

On Saturday morning we delivered to his Majesty the National
Covenant, the League and Covenant, the Directory, the Confession of
Faith, the Catechism, the Propositions for government, bound together
in a book so handsome as we could get them. We spoke something on
the matter, and desired of his Majesty more frequent and private
conferences; who shewed his willingness, and promised to send to us
to advertise of his fittest opportunities.

* * * * *

The most part of the council are averse from our desires; yet we
have our friends. His Majesty is of a very sweet and courteous
disposition. It were all the pities in the world but he were in good
company. We hope he is not so far rooted in any principle contrary
to us, but that, by God’s blessing on our friends labours, he may
be gotten to do us reason, whatsoever our fears be for the present.
There is a very evil generation both of English and Scots here,
who vomit out all their evil humour against all our proceedings.
The peace of France, and an unhappy book, Ειχων Βασιλιχη does us
much prejudice. Also the supposed death of Huntly is wrested to our
disadvantage. Dr Bramhall of Derry has printed the other day at
Delft a wicked pamphlet against our church. We have no time, nor do
we think it fit, to print an answer; but by the grace of God, shall
endeavour, with all faithfulness and diligence, to go about our
instructions.

_My Speech to the King, spoken at the Hague, March 27, in the Kings
bed-chamber, Tuesday, three o’clock in the afternoon._

* * * * *

We do declare, what in our own breasts often we have felt, and generally in the people among whom we live, have seen with our eyes an mournful sorrow for that execrable and tragick parricide, which, though all men on earth should pass over unquestioned, yet we nothing doubt but the great judge of the world will arise, and plead against every one, of what condition soever, who have been either authors or actors, or consenters, or approvers, of that hardly expressible crime, which stamps and stigmatizes, with a new and before unseen character of infamy, the face of the whole generation of sectaries and their adherents, from whose hearts and hands that vilest villany did proceed.

We do also profess, in name of them who have sent us hither, the great joy of all sorts of men in our land for the immediate filling of the vacant throne with your Majesty’s most gracious and hopeful person, earnestly praying, that the light of the Lord’s countenance may shine so bright upon your Majesty’s reign, that the very thick clouds of our present dangers and fears may flee away, and a new morning may spring up, to all your three kingdoms, of greater peace and prosperity, of more righteousness and virtue, especially of more religion and piety, than hath been seen in the days of any, the most pious, the most just, the most prosperous, of all your numerous ancestors.

* * * * *

_Mr Robert Baillie to Mr R. Douglas. April 3, 1649._

As yet our fears are great of a sore storm to Scotland; yet
yesternight I learned from a great person here, that our affairs,
blessed be God, are not desperate. There is no Scotsman that is of
the King’s council. The five or six English that are, Cottington,
Culpepper, Hyde, Long, and some more, are divided. The most are of
Prince Rupert’s faction, who caress Montrose, and press mightily to
have the King to Ireland. Culpepper, and some bedchamber-men, as
Wilmot, Biron, Gerard, and the master of the horse, Piercy, are of
the Queen’s faction, and these are for the King’s joining with us;
but all of them are much averse from the league and covenant. The
Prince of Orange, and by him all the nobles here, are for the last;
and by their means we are hopeful yet to carry his Majesty to our
covenant, and the most of our desires for religion; but I dare not
promise so much: yet the greatest stick, I suspect, shall be our
severe acts of parliament. It seems all here, even our best friends,
will be peremptory for a greater mitigation than, I fear, shall be
granted by you there. It were verily a great pity of the King. He
is one of the most gentle, innocent, well-inclined princes, so far
as yet appears, that lives in the world; a trim person, and of a
manly carriage; understands pretty well; speaks not much; would God
he were amongst us. I send you herewith the copy of what I said to
him. Because it was but a transient speech, I give out no copies of
it here at all; yet that we spoke so, it did us much good; for heavy
slanders lay upon us here, which the report of our speeches helped
to mitigate. Our enemies have great hopes, by the French peace, to
get powerful assistance from France. I verily think, if the King and
we shall agree, assistance shall be got from this state, and the
Marquis of Brandenburg, and some others, for good purpose. I pray God
guide you there to put no more impediments to our agreeance than are
necessary. My heart bleeds to think of a necessity for Scotland to
have any friendship for the English sectaries, the worst of men, and
a war with our King and countrymen in our own bowels. What relaxation
you may grant, with conscience and safely, let it be done freely and
publickly with this express. It will admit of no longer delay.

* * * * *

_For Mr William Spang. September 14, 1649._

—— I thought to have sent you a particular account of the general
assembly as I had done of some others; but the diary I wrote in the
time I lost; so I cannot now do it; neither were there much in it
worth the remembrance. The leeting of two for the moderator fell to
Mr Robert Douglas, the ante penult moderator; Mr Gillespie, the last,
was departed, and Mr Blair never thoroughly well since his English
journey. He was not able to come to Edinburgh, whereof I was very
sorry. The two Mr Robert leeted were, Mr Andrew Cant in earnest, and
Mr Mungo Law for a fashion. The three the assembly added were, Mr
Robert Douglas, Mr John Livingston and, by equal voices, Mr David
Dickson and me; so, without question, the voices for moderation fell
on Mr Douglas, whereof my heart was exceeding glad; for I was very
feared for it, and it had done me great hurt. The committees were
framed according to the custom by the moderator and clerk in private,
and read at the next session, without any change considerable. We
spent very much time; whole five weeks: I thought a fortnight less
might have done our turn. Transportations took up much time, and
deposition of ministers. There had been divers commissions, east,
west, north, and south, who had deposed many ministers, to the pity
and grief of my heart; for sundry of them I thought might have, for
more advantage every way, with a rebuke, been kept in their places;
but there were few durst profess so much; and I, for my ingenuous
freedom, lost much of my reputation, as one who was inclining to
malignancy.

My speech to the King, speaking so sharply of his father’s death,
and the commendations I gave to himself, in the preface of my book,
but especially a passage of a letter wrote from Holland, wherein,
to a familiar friend, I spoke of the act of classes as so severe,
that it will be needful to dispense with some part of it for the
peace of the country: For these things, before the assembly, sundry
spoke of me all their pleasure; yet I comforted myself in this, that
I knew I was far from the calumny imposed, and that all the wise
men I knew professed their agreement with me in the three things
named. My unacquaintance with obloquy made my skin at this first
assay more tender than needed; for I had so oft in print declared my
sense against, not sectaries alone, but malignants also, and that
so liberally, in my last book, that I thought in reason I should
have been reputed above all suspicion of that crime; yet I was
necessitated to drink more of that cup than I did truly deserve: for
however in my sermon to the parliament I was as clear as needed,
and in my report of our treaty obtained the unanimous approbation
and thanks of the whole assembly, now in print; yet I behoved, in
sundry voices of the assembly, either to quit the liberty of my
mind, or endure the whisperings of my malignancy to continue. This
last, though to my great grief, I behoved to chuse. I could not vote
to depose Mr William Colvil upon his libel. The man indeed had, in
my judgment, been an evil instrument in time of the engagement;
yet all that was libelled against him was for mere silence in that
engagement. For that alone I could depose no man, for the reasons I
gave in the committee of the former assembly, when that act passed to
depose for silence alone, if continued in. My mind did never go along
with that act; though therefore I knew the whole assembly almost was
otherwise minded, and, foresaw the mistake of my voice by some, yet
I behoved to vote his suspension to continue, and no farther. As
for Mr Andrew Ramsay, more was libelled and proven against him, and
all this year he carried himself in a cankered untoward way; yet I
told, I could not voice to depose a man of such age and parts; so in
that vote I was silent, to the peace of my own mind, though some of
my friends wrote sharp letters to me for it. I had also some contest
with my neighbours in Mr William Wilkie’s process, whom I judged
more hotly pursued than there was cause. But my sharpest contest was
for the principal whom I found some men to pursue still, without
any ground at all considerable. Contrary to their design, I got him
reasonably fair off. These contests, and wrack of my friends, were
very bitter to mind, and, joining with the obloquy in the ear against
me by some, troubled my spirit sometimes, till I got my grief and
wrong vented and poured out to God: for there was no other whom I
found able and willing to help me. It was a piece of comfort to me,
that the best of the land were, on more probable grounds, taxed for
compliance with sectaries than I with malignants, whom yet I knew to
be innocent; and that I remembered the cloud of infamy under which
super excellent Mr Henderson lay, to my knowledge, till God and
time blew it away. I have been ofter and sorer afraid for the wo of
Christ to them, whom all the world love and speak good of, than I was
grieved for any reproachful speeches which some were begun to mutter
against me; but this now is our condition, that the chief in church,
state, and army, how innocent soever, are whispered to favour either
sectaries or malignants.

* * * * *

I wished earnestly, and so did the Chancellor intreat Mr Robert
Douglas, but out of time, that the framing of the declaration should
have been committed to another hand than that it fell in; who, how
able soever, yet was generally thought to be among the most severe of
the company to the King; but this could not be helped. Some clauses
we got altered in the committee; yet, as it stands, I much fear it
shall prove a division-wall betwixt the King and us for ever. We
were always expecting the promised expresses from him, and for that
end, some of us held off all we could, determinations of every thing
concerned him; but when none did appear, and when at last William
Murray had come without any letter or instruction, either private or
publick, then there was no remedy, but the declaration and letter,
in the style you see it, and the act about the engagers, went out
without contradiction, which, as I foresaw and foretold in the Hague,
puts harder and more peremptory conditions on the King than there
would have given satisfaction. We had greatest debate for an act
of election of ministers. Mr David Calderwood was peremptor, that
according to the Second Book of Discipline, the election should
be given to the presbytery, with power to the major part of the
people to dissent upon reason to be judged of by the presbytery.
Mr Rutherford and Mr Wood were as peremptory to put the power and
voices of election in the body of the people, contradistinct from
their eldership; but the most of us were in Mr Gillespie’s mind,
in his Miscellanies, that the direction was the Presbyteries, the
election the sessions, and the consent the peoples. Sundry draughts
were offered. Mr Woods, most studied, was refused; Mr Calderwoods
also. Mr Livingston came nearer our mind, yet was laid aside. Mine
came nearest the mind of all, and almost had past; but for avoiding
debate, a general confused draught (avoiding, indeed, the present
question, but leading us into so many questions thereafter as any
pleased to make) passed with my consent. But Mr D. Calderwood and Mr
John Smith reasoned much against it in face of the assembly; where,
against my mind, the Book of Discipline was pressed against them, and
a double election made, one before trial, and another after, as if
the election before, and the trial by the Second Book of Discipline
were given to the people, and that after-trial, before ordination, to
the presbytery. This I thought was nothing so, but was silent, being
in my mind contrary to Mr David in the main; though, in this incident
debate of the sense of the Book of Discipline, I was for him.
However, already we find the defect of our act; for, as I conceive
and expressed it, so in my draught so much direction in this is due
to presbyteries, that they ought to recommend to the session men
to be elected, without prejudice of their liberty to add whom they
think fit: but I find it the design now of leading brethren, that the
presbyteries shall not meddle at all with any recommendations, but
leave that wholly to any particular busy man of the presbytery, to
whisper in the ear of some leading man of the parish, to get voices
to any young man, though never heard in privy exercise, that he, by
desires of the people to the presbytery, may be put on trials for
such a church. This I find will be the way of our elections, which
I think not orderly. However, Mr D. Calderwood entered a very sharp
protestation against our act, which he required to be registered.
This is the first protestation we heard of in our time; and had it
come from any other, he had not escaped censure.

There was a design, at the last assembly, to have got the hands of
many ministers to a supplication for moderating, in some things,
the power of the commission of the church, which was expounded by
this assembly truly to have been the overthrowing, in favour of the
malignant party, the power of the kirk. Great din was made for this
supplication, to try what was the bottom of it, and a very severe
act was made against the thing; yet Mr Douglas carried it so, that
no man at all, even the chief contrivers, did suffer any thing for
it, upon what ground I could never learn to my satisfaction; whether,
because to Mr Robert Laurie, the confessed penner of the principal
supplication, impunity was promised for his ingenuous and early
confession, and he being secure, others less guilty could not be got
punished; or because others foreseeing what necessity there might
be for themselves to do more than supplicate a general assembly,
had no will that any supplication whatsoever, especially being only
intended, and never offered, should be a ground of church censure.
However, albeit a terrible act was made against the thing, contrary
to my mind, yet no man was to this day called to any account for it,
nor, as I hear, shall ever be.

I was much afraid that the subscription required of the engagers
should have made many prime men in our land desperate; but I am
now very glad that so many offer themselves to do all that is
required, as I expect there shall be very few who shall stick upon
it, so I wish from my heart that Lauderdale may be moved to do
what I found Callender and Dumfermline ready for, when I was there
with you; and what I saw in the assembly, Middleton very near, and
others, as Galloway, Linlithgow, Ogilvie, Baillie, Innes, Cochran,
Kenmure, Fleming, &c. actually to offer. I do not expect now above
three or four persons in Scotland who shall make scruple of that
subscription, which, I hope, may be a mean to teach that man (for
whom alone my love makes me afraid) some more wisdom. Mr Hary
Guthrie, in his appeal to the assembly, had used some sharp and
reflecting reasons, for which they summoned him to appear, resolving
to have excommunicated him, if they did not find submission: but
quickly his spirit was daunted. In all humility he appeared, and
passed from his appeal, which obtained him favour not to be farther
proceeded against. Mr William Colvil took his sentence of deposition
submissively. Mr Andrew Ramsay professed his suffering. Some would
have been at the present processing of both, as guilty of all the
blood, and all the consequences of the engagement; but Mr R. Douglas
quashed these motions, which otherwise easily had been carried on.

It was all our minds to have had transportations better regulated
than they had been; for indeed their needless frequency was
intolerable, yet Mr R. Douglas got all that shifted till Edinburgh
once again he provided both of ministers and professors. For their
university they moved for Mr Rutherford, but that was thought absurd.
It seems they would be at Dr Colvil, but he will not be given them,
as a man demi-malignant. They who judge so of that man, would give
them Mr James Wood, or Mr D. Dickson; but in my mind, neither of
these may be transported without greater hurt to the places they are
in than benefit to Edinburgh, though they could get them; but as yet
Edinburgh desires neither, and on whom they will fall yet, it does
not appear. We fear they trouble us one way or other.

One day I escaped, to my sense, one of the greatest burdens ever
was laid on me. Our committee, after many motions, had resolved for
drawing up of the history of the times, to propone to the assembly
a leet of three or four; Mr James Wood, Mr John Livingston, Mr Ja.
Guthrie, and me. My profession made me secure of all danger, as I
thought; and I minded it no more: but in the end of the assembly,
when it came to be voiced, it ran wholly betwixt Mr John Livingston
and me; and had not the opinion of my malignancy diverted some
voices, I had undoubtedly been oppressed with that charge. As it
was, I escaped it but by two or three voices; but I blessed the
Lord for it; for to me it had all the days of my life been a burden
intolerable, for many causes.

The assembly, for the full purgation of the church, as in former
years, so in this also, has appointed divers committees; one in
Angus, one in Stirlingshire, one in the Merse, one in Ross, one in
Argyle, with most ample power. On these committees the most zealous
men are put, which some few can chuse (even of very young men lately
admitted ministers) for deposing such as presbyteries and synods do
spare. I acknowledge the disinclination of my mind to so frequent
depositions of ministers, and to all courses that further that, to me
so severe an action; but this is a great part of my malignancy.

I think at last we shall get a new Psalter. I have furthered that
work ever with my best wishes; but the scruple now arises of it in my
mind, the first author of my translation, Mr Rous, my good friend,
has complied with the sectaries, and a member of their republick.
How a Psalter of his framing, albeit with much variation, shall be
received by our church, I do not well know; yet it is needful we
should have one, and a better in haste we cannot have. The assembly
has referred it to the commission to cause print it after the last
revision, and to put it in practice.

These were the chief things of our long and tedious five weeks
labour; only we appointed a letter to be drawn for our brethren of
England for their encouragement. The draught was Mr James Durham’s.
It was his first, but did not so fully please us to pass, but was
referred to the commission to perfect. Our brethren of Ireland had
sent Mr John Greg to us, to have our advice about their carriage in
my Lord of Aird’s defection. No publick advice was given; but Mr
Livingston and Mr Maclellan were appointed to confer with him on all
his propositions.

All this while the parliament did sit, though ready to rise at our
first downsitting, more than at our rising. Their main cause of
sitting was to see what we brought from the King. Thereafter, being
to rise, constant reports, week after week, of Cromwell’s purpose to
bring down the army on us before it went to Ireland, made them sit
still to see to the defence of the country. To increase the levies,
was to put the country to a farther burden, while the present was as
great as could be borne, and caused dangerous grumbling every where;
also, if a greater army had been on foot, the world would not keep
them out of England, which we did not intend, being far from any
agreement with the King; so nothing considerable was done, or could
be done, though the English had come on us. They had written a letter
with a messenger, to desire a treaty with us. Our answer was, that
we could not acknowledge the present authority. This drew from them
a paper, in reasonable soft words; but clearly enough renouncing all
former treaties as broken by our parliament’s invasion, an advantage
which they would openly make that use of, as to have it a breach of
all their obligations to us. To this we made no reply; for what needs
paper-debates at such a time?

1648.

_2. Instructions by the Committee of Estates sent by their Commissioners to the English Parliament._[419]

You shall repair to London, and deliver our Letter to the Honourable
Houses of the Parliament of England.

You shall excuse the long delay in sending to them, and in the mean
time let them know, we hold Correspondence with the Commander in
Chief of their Forces.

You shall give them a Narrative of our whole Proceedings according
to the Declaration of the Kirk, and our own; particularly you
shall acquaint them with our Proceedings in opposition to the late
unlawful Engagement, and what Industry was used on the other part,
for the Election of Malignants to be Members of Parliament, and how
unlawfully some were admitted to sit in Parliament; and great numbers
of Malignants were brought in from England, to over-awe the honest
Party, and how many of the Army were corrupted.

And you shall farther represent particularly the great Sufferings
and Oppressions of honest men, and that before they heard any thing
of the Defeat of the Forces under Duke Hamilton in England, they had
resolved on the manner and time of their Rising in Arms here in this
Kingdom, against the Promoters and Abettors of that Engagement, and
their Adherents, You shall also shew them the result of the Treaty
betwixt us and those Armies about Sterlin, and how useful their
Forces have been to us by being at so near a distance.

You shall endeavour to take away all Mis-information or
Mis-constructions of any of our former Proceedings, and settle a
good Understanding betwixt them and the honest protesting Party in
Scotland; and you shall shew them the continued evil Principles,
Malice, and Designs of the Malignant Party in this Kingdom, yet
to trouble our Peace and interrupt theirs, and as they call it,
not to live and outlive the not carrying on so pious and loyal an
Engagement: and that some of them are going to Holland with an
intention, as we are informed, to bring over Forces if they can:
therefore we have caused deliver Berwick to be disposed of for the
Good of both Kingdoms, and give the like Warrant for Carlisle; and
that it is also surrendered, or presently to surrender for the use
foresaid. So we agree during these Troubles, until the Peace of
this Kingdom be settled, that the Honourable Houses may keep some
Forces upon the Borders, and sufficient Garrisons in them both,
upon a two-fold assurance: First, that in case any new Troubles
be raised in Scotland by the Malignants, both they and the Forces
about Newcastle have Directions from the Parliament to come unto
Scotland, to pursue the Common Enemy when they shall be desired by
the Committee of Estates, as it is now constituted of the Protesting
Party in Scotland: and Secondly, that the Parliament shall remove all
Garrisons out of those two Towns, and from our Borders, and put them
in the Condition agreed on by the Treaties betwixt both Kingdoms,
whensoever the Troubles are at an end, and the Peace of the Kingdoms
settled.

You shall shew how desirous and willing we are to harken to any
good Overture that may conduce to prevent any such-like Breaches
again betwixt the two Nations, and that it may not be in the power
of Malignants again either to seduce, or to enforce upon the People
the like Sin and Snare; and for mutual Consultation, we think
it expedient, both that they should have some honest Noblemen,
Commissioners, here to reside at Edinburgh, and that we shall have
some at London, that by Commutation of Counsels, our Common Peace may
be the better settled and continued.

You shall try if the Treaty betwixt the Kings Majesty and the Two
Houses of Parliament be like to take effect, and shall study to
preserve the Interest of this Kingdom in the matter of the settling
of the Peace of these Kingdoms: and if you shall find there are real
Grounds to hope an Agreement betwixt the King and the Two Houses, in
respect both Kingdomes are engaged in the same Cause and Covenant,
and have been, and still are under the same Dangers, and to the end
our Peace may be more durable, you shall endeavour that before any
Agreement of Peace be made, we may be first acquainted therewith,
that we may send up Commissions in relation to the Treaty with the
King, upon the Propositions, and in relation to mutual Advice, for
the settling of the Peace of these Kingdomes, and accordingly as you
find the Two Houses inclined therein, you shall give us Advertisement.

You shall according as upon the place it shall be found expedient,
present the same Desires to the Two Houses of Parliament in name
of this Kingdome, touching the Work of Reformation, as shall be
presented to them from this Kirk.

You shall assist Mr Blair in this Imployment, and take his advice and
assistance in yours, and give us Advertisement weekly how all matters
goe.

You shall publish all Papers either concerning the Proceedings of the
Church, or of the Protesters, which are necessary to be known.

You shall endeavour to keep a good Understanding betwixt us and
the City, and the Assembly of Divines; and strive to remove all
Jealousies betwixt us and them, or betwixt honest men amongst
themselves.

You shall endeavour that honest men who have suffered for opposing
the Engagement be not prejudiced, but furthered in payment of the
Sumes assigned unto them before the Engagement, out of the two
hundred thousand pound Sterling, and Brotherly Assistance, for
publick Debts or Losses.

You shall acquaint the Speakers of both Houses with his Majesties
Letter to this Committee, and our Answer sent to Him.

You shall desire that the Noblemen, and Gentlemen of Quality, and
considerable Officers of the Army that went into England under the
Duke of Hamilton, and which are now there Prisoners may be kept
as Pledges of the Peace of the Kingdomes, especially to prevent a
new Disturbance in this Kingdome, or Trouble from this Kingdome to
England, until the Peace of both be settled.

You shall acquaint the Two Houses with our Answer to that of L.
General Cromwell’s, of the sixth of this Instant, and make use of the
Grounds therein mentioned as you shall find occasion.

* * * * *

1648.—September 16 and 21.

3. _Letters from Oliver Cromwell to the Committee of Estates._[420]

For the Right Honᵇˡᵉ the Committee of Estates
for the Kingdome of Scotland. These.

Right Honoᵇˡᵉ,

Being my approach to the borders of the kingdome of Scotland, I
thought fitt to acquaint you of the reason thereof. It’s well knowne
how iniuriously the kingdome of England was lately invaded by the
armye vnder Duke Hamilton, contrary to the covenant, and our leagues
of amity; and against all the engagemᵗˢ of loue, and brotherhood
between the two nations; and notwithstanding the pretence of your
late declaration, publish’d to tak with the people of this kingdome.
The Commons of England In Parliamᵗ assembled, declared the said armie
soe entring as enemyes to the kingdome; and those of England who
should adhere to them, as traytors. And having received commands to
march wᵗʰ a considerable part of their army to oppose soe greate a
violation of faith and iustice, what a witness (God being appealed
too) hath borne vpon the engagemᵗ of the two armyes against the
vnrighteousness of man, not onely yourselves, but this kingdome, yea,
and a greate part of the knowne world, will, I trust, acknowledge
how dangerous a thing it is to wage an vniust warre, much more to
appeale to God, the righteous iudge therein; wee trust hee will
perswade you better by this manifest token of his displeasure, least
his hand be stretched out yet more against you, and your poore people
alsoe, if they wilbe deceiued. That which I am to demand of you,
is the restitution of the garrisone of Berwick and Carlile into my
hands for the vse of the Parliamᵗ and kingdome of England. If you
deny me herein, I must make our appeale to God, and call upon him
for assistance, in what way hee shall direct us; wherein wee are,
and shalbe, soe farr from seeking the harme of the well affected
people of the kingdome of Scotland, that wee profess (as before the
Lord) that what difference an army necessitated in an hostile way
to recover the auncient rights and inheritance of the kingdoms,
(vnder which they serve,) can make, wee shall vse our endeavour to
the vtmost that the trouble may fall vpon the contrivers and authoʳˢ
of this breach; and not vpon the poore innocent people, who have
been led and compelled into this action, as many poore soules, now
prisonʳˢ to vs, confess. We thought our selues bound in duty thus to
expostulate with you; and thus to profess, to th’end wee may beare
our integrity out before the world, and may have comfort in God,
whatever the event bee. Desireing yoʳ answer, I rest

Yoʳ Loᵖᵖˢ humble servant,
O. CROMWELL.

Septembʳ yᵉ 16ᵗʰ, 1648.

* * * * *

Right Honourable,

Wee perceive that there was upon our advance to the borders, the last
Lord’s day, a very disorderly carriage by some horse, who, without
order, did steale over the Tweed, and plundred some places in the
kingdome of Scotland, and since that, some straglers have been alike
faulty to the wrong of the inhabitants, and to our very greate greife
of heart. I have been as diligent as I can to finde out the men that
have done the wrong, and I am still in the discovery thereof, and I
trust it shall appeare to you that there shalbe nothing wanting on my
part that may testifie how much wee abhorre such things; and to the
best of my information, I cannot finde the least guilt of the fact to
lye upon the regiments of this army, but upon some of the northern
horse who have not been under our discipline and goverment, untill
just that wee came into these parts. I have commanded those forces
away back againe into England, and I hope the exemplarity of justice
will testifie for us our greate detestation of the fact; for the
remayneing forces, which are of our old regiments, wee may engage for
them, their officers will keepe them from doinge any such thinges;
and wee are confident that, saving victuall, they shall not take
any thing from the inhabitants, and in that alsoe, they shalbe soe
farre from being their own __________ as that they shall submitt to
have provisions ordered and proportiond by the consent, and with the
direction, of the committees and gentlemen of the country; and not
otherwise. If they please to be assisting to us therein, I thought
fitt, for the preventing of misunderstanding, to give your Lordshipps
this accompt, and rest,

My Lords, Your most humble servant, O. CROMWELL.

Norham, 21ˢᵗ September, _1648_.

For the Right Honourable the Committee
of Estates of the Kingdome of Scotland,
at Edinburgh, These.

* * * * *

1648.—November 20.

4. _The General’s Letter to the Speaker of the House of Commons, and
the Army’s Remonstrance, presented by Colonel Ewert._[421]

Mr SPEAKER,

The General Council of Officers at their late Meeting here, have
unanimously agreed on a Remonstrance to be presented to you, which
is herewith sent by the hands of Col. Ewers and other Officers; and
in regard it concerns matters of highest and present Importance
to your self, to us and the whole Kingdom, I do at the desire of
the Officers, and in the behalf of them and my self, humbly and
earnestly intreat, that it may have a present reading, and the
things propounded may be timely considered; and that no failing
in Circumstance or Expressions may prejudice either the Reason or
Justice of what is tendred, or their intentions, of whose good
Affections and Constancy therein you have had so long experience. I
remain

Your most Humble Servant,
THO. FAIRFAX.

* * * * *

For the Honourable William Lenthall, Esq., Speaker of the House of
Commons.

_Some chief Heads of the Remonstrance, after the Preambulary Part,
which is to shew the Messages of the King and Parliament severally,
also in all Treaties between them, especially in that they are now
in, with Reasons therefore and Objections answered, from whence these
Consequences are drawn._

1. That they conceive the Parliament hath abundant cause to lay aside any further Proceeding in this Treaty, and to return to their Votes of Non-addresses, and settle with or against the King, that he may come no more to Government; and this, first by rejecting those Demands of the King for himself and Party, especially concerning his Restitution and coming to London with Freedom; and that they proceed against the King in way of Justice, for evils done by him, and in order thereto, to have him kept in safe custody. 2. To lay aside that bargaining Proposition with Delinquents, which will present the thing done by contract with the King, and not in a judicial way, and by that Power, that no Delinquents be partially dealt with, protected nor pardonable by other Power, only moderated upon submission: and among these Offenders they offer,

(1.) That the King be brought to Justice, as the capital cause of all. (2.) That a timely and peremptory day be set for the Prince of Wales, and Duke of York, to come in and render; if not, they be declared incapable of Government, or any right in England, and stand exiled for ever as Traytors; and if they render themselves by the time, then the Prince to be proceeded against or remitted as he shall give satisfaction, and the Duke the like, and that the Revenue of the Crown be sequestred. Also the 10,000_l._ to be added, be disposed to publick use. (3.) That publick Justice may be done upon some capital Causers or Actors in the War. (4.) That the rest upon submission may have mercy for their lives. (5.) That the Soldiers have their Arrears, publick Debts paid, chiefly to those who voluntarily laid out their Estates, and ventured their Lives, and this to be done by Fines of Delinquents, and the Estates of those excluded from Pardon. After publick Justice thus done, then that a reasonable certain period be put to this Parliament. There want a hundred good Laws, as many to be repealed, as many to be explained, must not that be first done? and at this period it may be agreed that there be a certain succession of future Parliaments Annual or Biennial, with secure provision. (1.) For the certainty of meeting. (2.) For equal distribution of Elections, to render the Commons House an equal Representative. (3.) For certainty of the Peoples meeting, and that none who have engaged in the late War, or shall engage against the right of Parliament and Kingdom, or adhere to the Enemies thereof, be capable of electing or being elected, during some Years, nor those who shall not join with but oppose this Settlement. (4.) For clearing the Power of this Representative, it be declared to have the supream power, as to the governing and preservation of the whole, as to the People of England, and to altering, repealing, or abolishing of Laws, the making War or Peace, the highest or final Judgment in all civil things: and all Ministers or Officers of State shall be accountable to them, bound and concluded thereby, provided, 1_st_, They may not censure or question any man after the end of this Parliament for any thing said or done in reference to the late War. 2_dly_, They may not render up, give or take away any Right, Liberty or Safety contained in this Settlement or Agreement. (5.) That there be Liberty of entring Dissents in the said Representative: in case of Corruption in these highest Trusts, the People may know who are free, and who guilty, that so they may not trust such for the future, but with further Penalty to any for their future Judgment there. That no King be hereafter admitted, but upon Election of, and as upon Trust from the People, by such their Representative, not without first disclaiming and disavowing all Pretence to a Negative Voice against the determination of the said Representative or Commons in Parliament, and that to be done in such Form more clear than heretofore in the Coronation Oath.

These matters of a general Settlement are propounded to be done by this Parliament, and to be further established by a general Contract or Agreement of the People with Subscriptions thereunto; also that it be provided, that none be capable of benefit by this Agreement, who shall not consent and subscribe thereunto, nor any King be admitted to the Crown, or other Person to any other Office or Place of publick Trust, with express accord and subscription to the same. These things they press as good for this and other Kingdoms, and hope it will not be taken ill because from an Army, and so Servants, when their Masters are Servants and Trustees for the Kingdom.

* * * * *

1649.

5. _Note of Proceedings in the Convention of Estates relative to the Kirk._

_Jan. 16._ Act Repealing Acts of Parliament or Committee, made for the late Unlawful Engagement, and Ratifying the Protestation and Opposition against the same, p. 341. Act in favour of the Ministers who were at Mauchlin Muir, p. 346. Act of Commission anent Universitie of St Andrew’s, p. 346.

_Jan. 18._ Act containing the return of the Estates of Parliament, upon the Testimony communicated unto them by the Commissioners of the General Assembly, and their Concurrence with the same, p. 349.

_Jan. 26._—Act ratifying and containing the tenor of the band for securing the peace of the kingdom, and in joining the same to be subscribed, p. 358.

_Jan. 25._ Act in Favours of the University of St Andrew’s, anent the Rents of the Archbishopric and Priory of St Andrew’s, p. 357.

_Jan. 30._ Act in Favours of the Town of St Andrew’s, for Provision of a Third Minister, p. 359. Act against Fornication, p. 360.

_Feb. 5._ Proclamation of King Charles II., p. 363.

_Feb. 7._ Act anent Securing of the Covenant, Religion, and Peace of the Kingdom, p. 364. Act anent the Catechisms, Confession of Faith, and Ratifying thereof, p. 364.

_Feb. 10._ Act for Information of the Lieges anent the Securing the Peace of the Kingdom, p. 367.

* * * * *

6. _Account of the Duke of Hamiltons Expedition into England, being
Excerpts from “Memoirs of his own Life and Times, by Sir James
Turner.”_—P. 49.

The Committee of Estates, and consequentlie the visible soveraigne pouer of Scotland at that time, is divided between the Duke Hammilton and the Marques of Argile. The last keepd stronglie by the church, and had it for him; and for feare that did not his turne, he keepd the armie, at least Leven and David Leslie for him, as knowing, _omnia sunt gladii pidissequa_. Yet the Hammiltons had gaind much on Middleton, who had a strong influence on the armie. Hammilton, to beate Argile out of his strongest fortresse, propons the disbanding the armie as very useles now, and which was worse, very burthensome, all the enemies of the state being rangd to their duetie. This was not onlie a plausible pretext, bot ane unansuerable argument; bot marke the reply of the other partie. “Never so great danger as now; the Kings person, which they were bound to defend by the oath of their Covenant (observe, there was no former ty on them,) being in the hands of the Independents, who were suorne enemies to his sacred person and to presbiterie, and carying now all things before them in the English Parliament, were become very formidable.” So impudentlie could these hipocrites make use of the safetie of the King, to support their power, by the usurpation wherof they had brought him to that low condition, and whose destruction they still designd. To this they adde a ridiculouslie palpable ly, that the Marques of Huntley was strong and marching southward, waxd numerous, and to use their oune words, grew great like a snow ball; that poore Marques, in the meane time, hideing himselfe in holes and caves, out of which he is about that same time draune and carried to Edenburgh and cast in the tollbooth, out of which he never came till he was brought to a scaffold. The matter of the armies disbanding is referd to the meeting of a great Committee, whose members are summond by Argile and the kirk to come from the remotest places of the kingdome, and when they meet, they vote the armie to stand.

* * * * *

Bot before all this was done, E. Lainrick, brother to Duke Hamilton, is made one of these commissioners, which they called the Committee of both kingdomes. The Chanclor and he went to London, and from thence, by the Parliaments permission to the Ile of Wight, where they had severall conferences with his Majestie. Many concessions they obtaind from him against Poperie, Arminianisme, Socinianisme, Libertinisme, Erastianisme, and I know not what els, and many promises they made to him, and so returned to Scotland. A Parliament is calld, which either consisted of the Royal or purlie Hammiltonian partie; Argiles being the least of the three, the election of the members was so dexterouslie carried. Bot in the Commission of the Kirke, Argile carryd all before him. And now the scene is changd. The King is in no danger; the Parliament of England, thogh independent, and Scotland are good friends; they must not fall out; the union of the tuo kingdomes must be preserved; the King in his concessions, had not taken away Prelacie, and therfore all the rest of his grants were hipocriticall; neither were the Scots bound to defend his person by vertue of the Covenant, bot in the defence of the true religion, which, according to their glosse, is presbiteriall government; and therefor no armie must be raisd for his releasment or restoration, onlie the English Parliament wold be desird to suffer them to treate with the King, whose person, according to promise, sould be keepd in honor, freedome and safetie. Heere yow see ane armie necessare and not necessare, for one and the same cause. Yow will thinke that strange, bot I will unriddle yow. Necessare for the Kings defence, and to withstand the power of the Independents, so long as old Leven and David Leslie commanded it; not necessare for these or any other causes, if Duke Hamilton and Earle Calander had the conduct of it. Whether the great soumes of money the English Commissioners brought with them, had ane influence on the leading men of the state, the kirk and the armie, Sir James Stewart, once Provost of Edinburgh yet alive can well enough tell. This rent betueene the usurped state and the usurped kirk, was the first step to the mine of the whole designe of the yeare 1648; for in the time of this furious dis ... our levies were retarded, and time given to Fairfaxe and Cromwell to destroy all the Kings partie in England. At length the raising of ane armie is carried in spite of Argile and the kirk. Duke Hammilton is declard Generall; E. Calander, (who once more appeard to oune the Kings interest,) Lieutenant Generall of the armie; Mildletone, Lieutenant Generall of the horse, and Baillie of the foot.