Chapter LXXVIII: Appendix (2)

6. To passe ane acte of obliuion to all, except the cheiffe obstructers of the worke of reformatione, and the authors of the change of gouerniment and the murthers of his royall father; the number and persons to be lefte to the housses of parliament; and prowyding they lay doune armes.

7. That since the sectaries haue inwadit Scotland, &c. he desyres and expectes, that the weill affected in England will lay hold one the opportunity to promoue the couenant, and establishe the ancient gouerniment, &c.

The armeyes remonstrance to the Comittee of Estaits, sent by the Lord Burlie, Maior Generall Holburne, Sʳ Johne Brune and Colonell Gilbert Ker, desyring the purging of the armey furder, if they think fitt; as also the purging of his Maiesties courte and familey; and that they wold putt the lawes made for that effecte to dew executione, &c. 15 Aguste, 1650.

The Committee of Estaits returned them harty thankes for ther remonstrance and suplicatione, and assured them that they wold not faill to endeuor ther wtermost to see thesse lawes made effectuall, wich they tooke so to harte, as a matter of grate consequence and heighe concernment for the good, honore, weilfaire and saftie of religion, King and kingdomes.

_The Comissione of the Kirkes and Comittee of Estaits Declaratione,
quhen the Kinges Maiesty delayed to seinge the Declaration of the 16
of Aguste; by them repelled, quhen the King seigned it._

Westkirke, the 13 of Aguste, 1650.—The Commissione of the Generall Assemblie, considring ther may be just ground of stumbling, from the Kings Maiestie refussing to subscriue and emitt the declaration offred to him by the Committee of Estaits and the Commissioners of the Generall Ass: concerning his former carriage, and resollutions for the future, in reference to the causse of God, and the enimies and frinds therof, doeth therfor declaire, that this kirke and kingdome doe not owen nor espousse anie malignant parties quarrell ore interest; bot that they fight meirlie vpon ther former groundes and principalls, and in defence of the causse of God and of the kingdome, as they haue done thesse 12 zeires bygaine; and therfor, as they disclaime all the sin and the gilte of the King and of his housse, so they will not auen him or his intrest, no wayes then with a subordinatione to God, and sua fare as he aimes and prosecuttes the causse of God, and disclaimes his and his fathers oppositions to the causse of God and to the couenant, and lykwayes all the enimies therof; and that they will, with conuenient speed, take in consideratione the papers laitly sent wnto them from Oliver Cromwell, and vindicat themselues from all the falshoods conteined therin; especially in thesse thinges quherin the quarrell betuix ws and that partie is misstaited, as if wee auned the lait Kings proceidinges; and we resolued to prosecute and manteine his present Maiesties intrest befor and without acknouledgment of the sine of his housse, and former wayes, and satisfaction to Gods people in bothe kingdomes.

W. A. KER.

13 of Agust, 1650.—The Comittee of Estaites hauing seine and considerit a declaratione of the Commissione of the Generall Assemblie, anent the staiting of the quarrell quheron the armey is to fight, doe approue the same, and hartlie concur therin.

MR THO: HENDERSONE.

2 Sept: being Tuesday, by the brecke of day, our armey being in grate security, hauing left the hill, a grate pairt of them (wich was ther strenth and forte) wer surprissed and routted by Cromwell and the sectarian armey; maney takin of the footte, maney woundit, and about 8 or 900 killed.

At Stirlinge, the 12 of Septem: 1650.

_A shorte Declaratione and Varninge to all the Congregations of the
Kirke of Scotland, from the Commissioners of the General Assembly._

Albeit the Lord, quhosse judgments are vnsearchable, and quhosse wayes past findinge out, hes brought the land werey low wnder the hand of ane prewaillinge enimey. Zet must wee not forbeare to declaire the mynd of God, nor vthers refusse to harken therto. It wer superfluous to giue anssuer to the maney calumnies and reproches that are blazed abroad; for albeit in eurey thing wee cannot justifie the conducte of the armey, zet wee hold it our deutie to desyre eurey one not to beleiue groundles reports, bot rather to eye the Lord, and looke vpe to the hand that smytts them. And therfor, in the first place, wee exhorte and varne all the inhabitants of the land, to searche out ther iniquities, and to be deeplie humbled befor the Lord, that he may turne away his wraith from us. The Lord hath wounded ws, and chasteissed ws sore; wiche sayes, that our iniquities are muche, and that our sins are incressed. It concerneth the King to mourne for all the griuous prouocations of his fathers housse, and for all his auen guiltines; and to consider if he hes come to the couenant, and joyned himselue to the Lord, vpone politicke intrests, for gaining a croune to himselue, rather then to aduance religione and righteousnes; that it is iniquitie quhilk God will not forgett, excepte it be speedilie repented offe. It concerns our Nobles and Judges to consider wither ther carriadge in publicke matters be straight and equall, or rather sauoring of seeking themselues and the thinges of this worlde; and how they walke in ther families, and in ther priuat conuersations. Ther is in maney a grate deall of peruersnes and incorrigiblenes in regard of forsaking some and performing some deuties, notwithstanding publicke confessions and ingagements; and this cannot bot heighlie prowock the Lord. And it concerneth the officers of the armey, especially thesse quho are cheiffe among them, to weight weell quhat the Lord hes aganist them, and to repent of ther diffidence and carnall way of acting and underwaluing of Gods people. And ministers haue also neid to searche themselues concerning ther faithfullnes to be sound, for wiche God is angrie; doubtles euen amongest thesse is muche negligence. Albeit the Lord hes suffred that armey of perfideous and blasphemous sectaries to prewaill, zet God forbid that the land should complay with him, quhateuer may be the plauseable and faire carriage of some of that enimey, zet doubtles, ther is ane lewin of error and hypocrassy amongest them, wich all the lowers of treuth wold decern and awoyd. As the Lord hes trayed the stabilitie and integritie of his people in the land heirtofore, by the prewailling of malignants, so doeth he now tray them, by the prewailling of sectaries; and wee trust they will thinke it ther deutie and commendatione to proue staidfast against them, als weill as the other.

3. Nather wold men be lesse cairfull and actiue to opposse the enimey, than they haue beine in opposing malignants heirtofor; our religione, liues, liberties and estaits, are als muche in hazard now as euer; all the ordinances of Jesus Christ in the land are in danger, and the foundatione lyke to be ouerturnid by thesse men quho are oblidged, by the band of the couenant, to manteine all thesse; and it wer a grate guiltines to ly doune and complay and crutche vnder the burden of the strange impositions that they will lay wpone ws, and as men without head, to suffer our land to be brought in bondage, and ourselues to be robbed of all thesse thinges quhilk are most presious and deire to ws. If wee should doe so, the Lord wold be angrie with ws, and our posterity could not bot cursse ws.

4. Wee wold not think that all danger from the malignants is now gone, seing that ther is a grate maney suche in the land, quho still retein ther former principalls; therfor we wolde, with als muche watchfullnes and tendernes now as euer, awoyde ther snars, and beware of complayance and coniunctione with them; and take head, that wnder a pretence of doing for the King and kingdome, they gett not power and strenth wnto ther handes, for adwanceing and promoueing ther old malignant desseinges. Doubtles our saftie is in holding fast our former principalls, and keeping a straighte faithe, without declyning to the right hand ore to the lefte.

5. It concernes all the inhabitants of the land to bewarre of murmuring and complaning aganist Gods dispensations, and questioning the treuthe and goodnes of our causse, or quarreling with God, or blaming or casting of the couenent, becausse of aney thing that hath befallin them, that wer a grate iniquitie not to be pardoned. Lett ws beare the indignatione of the Lord patientlie, becausse wee haue sinned against him, wntill he plead our causse and execut judgment for ws; he will bring ws fourthe to the light, and we shall behold his righteousnes.

_Causes of a soleme publicke humiliatione upone the defait of the
armey, to be keepit throughout all the congregations of the Kirk of
Scotland._

Albeit soleme publicke humiliations hes beine muche slighted, and gone about in a formall way by maney in this land, so that it is not one of the least of our prouocations, that wee haue drawin neire to God with our mouthes, and keepit our hartes fare from him; for wich the Lord hath turned the wisdome of the wysse unto foollishnes, and the strenthe of the strong men unto weaknes; zet seing, it is a deutie that hath oftin prowin confortable to wswards, God doeth nou call ws in a speciall way by a singular peice of dispensatione; and knowing that all quho are acquanted with God in the land will make conscience of it, wee conceaue it expedient that the quhole land be humbled for the causses follouing:

First, The continued ignorance and profanitie of the bodie of the land, and the obstinacey and incorrigiblenes of maney, notwithstanding of all the caires that God hath takin vpon ws by his word, and by his workes of mercey and judgement, to teache ws in the knowledge of his name, and to refraine ws from the eiuell of our wayes.

2. The manifest prouocations of the Kinges housse, wiche wee feare are not throughlie repented off, nor forsaken by him to this day; togidder with the crooked and precipitant wayes that wer takin by sundrie of our statesmen for caring one the trettey with the King.

3. The bringing home with the King a grate maney malignants, and indeworing to keepe some of them about him, and maney of them in the kingdome, notwithstanding of publicke resolutions to the contrarey.

4. The not purging of the Kinges familie from malignant and profane men, and the constituting of the samen of weill affected and godlie persons; albeit it hathe beine oftin pressed vpone the parliament and Comittee of Estaits, wndertaking and promissed to be performed by them.

5. The leueing of a most malignant and profaine gaurd of horsse to be aboute the King, quho hauing beine sent for to be purgit aboute 2 dayes befor the defaite, wer suffred to be, and feight in our armey.

6. The exceiding grate slaknes of maney, and auersnes and vntowardnes of some, in the cheiffe judicatories of the kingdome, and in the armey, in guid motione and publick deuties, especially in thesse thinges that concerne the purging of judicatories and the armey from malignant and scandalous persons, and filling all places of powre and trust with men of knowen integritie and trust, and of a blamles and Christiane conversatione; togider with grate inclinations to keepe and bring in malignants to the judicatories and to the armey, as if the land could not be gydit and defendit without thesse; and grate repyning and craying out against all that is done to the contrarie, and studding to make the same ineffectuall.

7. The exceiding grate diffidence of some of the cheiffe leaders of our armey, and wthers amongest ws, quho thought wee could not be saued bot by ane numerous armey; who, quhen wee haue gottin maney thousands togider, wold not hazard to acte aney thing, notwithstanding that God offred faire opportunities and aduantages, and fitted the spiritts of the souldiers for ther deutie; for carnall confidence that was in maney of the armey, to the dispysing of the enimey, and promising victorie to themselues, without eying of God.

8. The lousnes, insolencie, and oppressione, of maney in the armey, and the litle or no caire that was takin by maney to preserue the corne, by wich it hath come to passe that werey much of the food of the poore people of the land haue beine neidlesly destroyed; and quhill wee euen remember this, wee wishe that the prophanitie and oppressione of sundrie of oure officers and souldiers in Ingland, quhen we were fighting for the assistance of the parliament of that kingdome, may not be forgottin, becausse it was matter of stumbling in that land, so it is lyke it is ane of the causses of the sore indignatione now manifested aganist ws by the handes of thesse men.

9. Our grate wnthankefullnes for former mercies and deliuerances, and euen for maney tokins of the Lords fauor and goodnes towards our present armey quhill they wer togider, and the grate impatience of spirit that was to be seine in maney thesse weekes past, quhilk made them limitt the Lord, and to compleine and weerie of his delaying of ane deliuerance.

10. The enuing and eyeing of the Kings intrest, and quarrell by maney, without subordinatione to religione, and the liberties and saueties of this kingdomes.

11. The carnall selue seiking and crooked way of sundrie in our judicatories and armies, quho make ther imployments and places rather ane matter of intrest and gaine, and preferment to themselues, then of aduancing religione and righteousnes in the land.

12. The not putting difference betuix thesse that feare God, and thesse that feare him not, for our seruices, our companie, our imployments, bot acompting all men alyke, maney times preferring thesse quho haue nothing of God in them.

13. The exceiding grate negligence that is in grate ones, and maney others, in performing the deuties in ther families, notwithstanding of our former soleme acknouledgment of the samen; as also, our neglecte of the deuties of mutuall edificatione, and grate fruitfullness and barrennes that is to be seine amongest all sorts of persons; togider with the follouing of deutie with a grate deall of mixture of carnall affections and fleschly wisdome, wich griues the Spirit of God, and takes away muche of the beutie of the Lords image from our judicatories.

As we wold be humbled for thesse thinges, so wold wee also intreat the Lord that he wold sanctifie this affliction to his people, that they nather dispysse his chestisings, nor faint quhen they are rebukit of him; bot that they may beare his indignatione patiently, and cleiue steadfastly to the treuthe and the couenants, and the causse of God, without zeilding to the pouer of the enimey, or receauing ther errors, or complaying ather with them one the one hand, ore malignants one the other; and that the Lord wold poure out of his Spirit wpon the people, that ther spiritts may be raissed wnto ther deutie, and that they may be filled and furnished of God with wisdome and resolutione to acte aganist ther enimies for the honor of God, ther auen preseruatione; and that the Lord wold not suffer them to be tempted aboue that wiche they are able to beare, bot that he wold breake the yoke of ther oppressors from off ther neckes, and giue them saluatione and deliuerance; earnestly to intreat the Lord in priuat and in publicke, that he wold preserue with ws the ordinances of Jesus Christe, the kingdome, the Kings Maᵗⁱᵉˢ persone, the ministrie, from the pouer of ther enimies, quho seekes the destruction of all.

* * * * *

Maney of the ministers of the prouince of Fyffe, at the first, refussed to reid thesse ressons, especially, Mr James Wood, Mr Ja: Bruce, Mr Dauid Forret, Mr Frederick Carmichell, Mr Jo: Mackgill, zounger, Mr Henrey Rymere, Mr Jo: Mackgill, elder, with maney more; wich wes lyke to grow to werey grate schissime; some did not sticke to say, that 5 ore 6 men wer too bolde to giue out ressons to a quhole churche, without a more frequent meitting of the Comissione of the Generall Assemblay.

Mr James Wood mainly stumbled at some wordes ill placed and worsse expressed, in the 2 artickle of the causses of the fast; he said he wold with his pene (if they did not mend it) make all the world know the wntreuthe therof. The wordes wer thesse: Togider with the crooked and precipitant wayes that wer takin by our commissioners for carrinng one the trettey with the King. Bot the ring leaders at Stirling, (to quhome Mr James, and some of the deligatts of the prouinciall of Fyffe, posted in grate haist, both ministers and elders) gaue contentment, by expressing the former so:—Togider with the crooked wayes and precipitant, that wer takin by sundrie of our staitsmen, for carinng one the trettey with the King.

The synod of Fyffe for the most pairt, lykwayes, at this tyme, wold haue suche as wer classed for the lait ingagement, 1648, and now wer on ther satisfactione and penance, receauid to the participatione of the sacraments, and giue satisfactione to the kirke, admitted to publicke imployments in the comon defence of ther natiue countrey. Bot this was altogider denayed both by the Comissione of the Generall Assembley and Comittee of Estaits, convennid at Stirling, the 25 of Sept: 1650.

Stirling, 27 Sept: 1650.—The Comittee of Estaits, considering the necessarey deutie lying vpone them, in prosecutione of the acte of parliament, and according to the frequent and serious remonstrances of the Commissione of the Churche, for purging of the Kings familey of al profaine, scandalous, malignant, and disaffected persons; and that it be constituted of such as are pious, and weill affected to the causse and couenant, quho haue not opposed the same by ther counsells and actions. And lykwayes considring the grate offence hes beine takin that the persons after nominatted haue not remoued from courte, nor depairted out of the kingdome respectiuely; and hauing takin also into consideratione the report of the sub-comittee, appoynted to think one the purging of the Kings familey, doth heirby therfor ordaine and command the French Marques of Villaneuffe; the Earle of Cleueland; Lord Wentworthe, his sone; Viscount Grandeson; Lord Volmett; Lord Withringtone; Robert Longe, Secretarey; Sʳ Eduard Walker, Garter; Mr Progers, Groome of his Maᵗⁱᵉˢ Bed Chamber; Master Lane; Master Marche; Colonell Darcey; Mr Antoney Jacksone; Maior Jacksone; Colonell Loes; Master Oder, wnder Secretarey; Lord St Paule; Sʳ Philipe Musgraue; Sʳ Faithfull Fortskew; Sʳ Timothey Fetherstons; L. Coll: Meutis; Collonell Carbraithe; to depairt the courte within 24 houres, and to remoue out of the kingdome within 20 dayes after intimatione; and Doctor Fraser, and Sʳ George Melueill, to withdraw from the courte within 24 houres. And to the effecte that the persons forsaid may not pretend ignorance heirof, the comittee ordanes Sʳ James Balfoure of Kynaird, Knight, his Maiesties Lyone King of Armes, to make dew and speedie intimatione heirof; comanding Sʳ Jo: Broune, Colonell, and the officers of footte of his Majesties lyffe gaurd, to put this present acte into executione; with certificatione to all and eurey of the afforsaids persons, that if they falzie to giue obedience heirwnto, the said Sʳ Jo: Broune, Coll: is to apprehend them in aney place within the shyres wher they shall be; and the officers of the footte gaurd to seasse vpone them within the verge of the courte, to be disposed vpone as the comittee shall thinke fitt; for doing quherof, thesse shall be comand and varrand sufficient. Extract.

C. W. HENDERSONE.

With this acte for purging the Kings housse, the
Comittee of Estaits wrett me this letter followung,
bearing dait at Stirling, the 26 day of September,
1650.

Much honoured—Wheras wee haue thought it
necessarey that the persons mentioned in the acte
heer inclosed be remoued from courte, and ordaind
to depairt out of the kingdome, wee doe herby authorisse
and requyre you to intimat the same to the
persons concernid, and to see the acte put in executione
by the officers of the armey therby ordanid to doe
it; to quhome you are lykwayes to intimat the ordinance
of the committee, that if need be, they may
doe quhat is enioyned them by the acte. The prosecutione
quherof wee committ to your care and
faithfullnesse, as you will be anssuerable, not doubting
but you will approue yourselue to

Your affectionat frinds,
E. LOUDOUN, Cancellarius.

J. P. D. Com:

Stirling, 26 Octob: 1650.

* * * * *

I receaud this afforsaid letter at my auen housse of Kynaird, aboute 9 a clocke in the morning, one Thursday the 3d of October, and was at Perth about 12 a clocke the same day; and after I had kissed his Maiesties hand, I shew him my message. He desyred me to forbeare making intimatione to 9 of them, wich he marked with a long score in the roll, wntill he spoke with the Lord Chanceler, to quhome and the comittee, he had wrettin to spare thesse wntill the sitting doune of the parl: bot desyred me to goe one with the rest of them. That same night, at 9 at night, the L. came to Perth, and spoke with the King one Fridayes morning, and brought him a letter from the Comittee of Estaits, containing ane absolute refussal to suffer aney of thesse persons sent to me in list, to stay aboute his persone or courte; so I went one, and made intimatione to all, ather by word or wreat, conforme to the acte and missiue of the Committee of Estaits directed to me.

Friday, 4 Octob: 1650.—The Kings Maiestie, as if going one hauking, went auay from St Jhonstoune one horsse backe, about halffe ane houre past one in the afternoone, accompanied only with thesse folloung seruants:—

Henrey Symeour, a Groome of his Bed Chamber; Mr Rodes, Mr Androw Cole, and Mr Tho: Windam, 3 Gentlemen of his Stable; with Mr Cartewright, a Groom of his Priuey Chamber; without aney change of clothes or linnings, more then wes one his bodey, in [a] thin ryding sutte of stuffe. From Perth he red softlie throughe South Inche, and then at a full carreire, to the backe of Inche Shyra, quher he passed, and in ane houre and a halffe from Perth, red to Didope, by Dundie; from thence, the Viscount of Didope conwayed him to Aughter Housse that same night, and not staying ther, the Earle of Buchan and Vis: Didope conwayed him to Cortuquhay, the duelling place of the Earle of Airlie, ane excommunicat papist, quher, after a litle refreshment, that same night he read with a gaurd of some 60 or 80 Heighlandmen wpe the glen to ane poure cottage belonging to the Laird of Cloua; in al, from Perthe, the way he went, some 42 myles befor he rested.

One Fridayes night, 4 Octob: a litle befor day, hauing layed him to rest his weiried bodey, he was found by L. Collonell Narne, of Sanfurd, and Colonell Bynton, ane Englishman, sent by Colonell Robert Montgomerie, (quhom Scottscraige, by the way of Fyffe, hed adwertissed at Forfar of his Maiesties suddaine deperture to the malignants from his auen people and court) laying in a nastie roume, one ane old bolster aboue a matte of segges and rushes, ouerweiried and werey fearfull.

In a prettey space after Narne, came Robert Montgomerie and Scottscraige, with Sʳ Alex: Hope and one of his Maiesties haukes; they did persuad the King to horsse, it being nou almost 7 a clocke, and they wold wait one him, and liue and dye with him. The King told Rob: Montgomery that Doctor Frasser had betrayed him, in assuring him that he should haue beine, that day he cam away one, deliuered vpe to the English, and all hes seruants hanged. They assurid his Maiestie that all was most falls, and he bot a traitor; thus discoursing, Didope, and his few Cloua men that wer then his Maiesties gaurd, wold haue had the King vpe to the hills, assuring him, that ther, within some 5 or 6 myles, he wold find 2000 horsse and 5000 footte to atteind his commandiments; bot erre he was awarre, Rob: Montgomeries 2 regiments of horsse appeirs, some 600 horsse, quherat Buchan, Didope, and ther begerly gaurd, begane to shecke ther eares, and speake more calmley, and in a lower strain; so they conducted his Maiestie to Huntley Castle in the Carsse of Gourey, quher he stayed all Saterdayes night, and from thence, one Sunday in the afternoone, he came to Perth, the 6 of Octob: and hard sermon in his auen chamber of presence, the afternoons sermon in the toune being endit befor he entred the toune.

4 Octobris, 1650.—This same day, about 5 in the eiuning, the L. Chanceler, seinng the King wes in effect depairted, and had left them, he called all of the Comittee of Estaits, and such as wer weill affected, to meitt in the westrey of the churche.... It was resolued at the meitting to send after the King commissioners, viz: E. of Dumfermling, E. of Louthean, Secretary of Estait; Sʳ Charles Erskyne, James Suord, and Mr James Durhame, the Ks: Minister.

Ther wes wrettin a myld and descreit letter, bechinng his Maiestie to returne from that euiell way he had takin, wich might proue destructiue to himselue, his posteritie, and kingdome, if he did not speedilie returne.

The commissioners had 10 artickells of instructions giuen to them, wich they wer to mannage according as necessity should requyre.

10 Octobris, Thursday.—The comittee saitt in his Maiesties priuey chamber at Perth.

King present: &c.

_Nota._—This is the first tyme that euer the King satt in the Comittee of the Estaits of Parliament.

[11 October.]—Letters from L. Generall Lesley to the Lord Chanceler, read, shewing that the enemy was marched towards Glasgow.

This day the Comissioners of the Generall Ass: represents to the committee the abusse of commanders, in taking money for men and horsse, to the grate preiudice of the lewyes; as lykwayes of the abusses wssed by souldiers vpone the countrey people. This complaint alredey comitted with that of the not attending commanders.

A sub-committee appoynted to thinke wither or not Cromwells letter deserues ane anssuer, and it to be communicat to the Commissione of the Gen: Ass: It is thought fitt to be ansuered, and the sub-comittee to draw vpe ane anssuer to it.

The Com: of Estaits ordaines the subiecte of the conference with the kirk to be, That ther may be suche vnity within the kingdome betuix thosse that lowes the causse, and to thinke vpone the most fitting means for that effecte.

Comittee ordaines all officers furthewith to repaire to ther charges.

Cassiles, Brodie, and Rob: Locart to comunicat thesse thinges to the Commission of the Kirke.

Monday, 14 Octobris. The La: of Bogie, wpone the recommendation of the Commission of the Kirke, is reponid by the Comittee of Estaits to his former integritie, and putt one the Comittee of Warr of Fyffeshyre.

[15 Oct.]—The Earle of Linlithgow, vpone his petitione, and recommendatione of the Comissione of [the] Kirk to the Comittee of Estaits, is admitted to the inioying of aney publicke employment in the kingdome, he being ane engager aganist England.

[16 Oct.]—The Lord Montgomerey petitions the Com: of Estaits to be reponid, and produces his recommendatione from the Commissione of the Kirke, in respecte he had satisfied the kirke, and was penitent for his accessione to the ingagement aganist England; and that they had accepted of others. This bill refussed _pro tempore_, and remitted to the parliament.

_The Northerne Band & Othe of Engagement, sent by Mideltone to L.
Generall Dauid Lesley, 26 of October, 1650._

We wndersubscriuers, being tuoched with a deepe sence of the sade condition this our natiue kingdome of Scotland is in, by a prewailling armey of sectaries, quho hauing murthered our lait King, and ouerturned religione and gouerniment in our nighboure kingdomes of England and Irland, hath invaded this kingdome, and are in a way (hauing so considerable a pairt of it wnder footte alredey,) to reduce the quoll to a prouince, except the Lord by his mercey prewent it, by ioyning his Maiesties subiects in the band of vnitie, wich is the onlie meine (in our judgement) to preserue religione, King, and kingdomes. Bot to the greiffe off our hartes, wee find, in place of vnione, the breache growing wyder, and that not onlie in churche and staite, bot lykwayes in the remnant of our armey; our resolutions are firmlie and faithfully to ioyne ourselves togither, and nather for feare, threttning, alurment, nor aduantage, to relinquishe so good a cause, or lay doune armes, without a general consent; and quhat shall be done to the least of ws all, in prosecutting the said vnione, shall be takin as done to ws all. And seing the best wndertakings are wnder the mercey of censure and malice, wee cannot bot apprehend to be subiect to the lawless inquisitione. Therfor, and for satisfactione to all quho are satisfiable, wee doe promisse and sweare, that wee shall manteine the trew religione, as it is established in Scotland; the couenant, leauge and couenant; the Kings Maiesties persone, prerogatiue, gratnes, and authoritie; the preuilidges of parliament and freedome of the subiects. So helpe ws God.

_Sic subscribitur_, HUNTLEY. ATHOLE. SEAFORT. ST CLARE. JO.
MIDELTONE. PAT: GRHAME. Sʳ GEO: MONRO. TH: MACKENZIE. JO: GORDON.
WANDERROSSE. W. HORRIE, &c.

_Midiltons Letter to L. General Lesley, from Forfar, 24 of Octob: 1650._

Rᵗ Honorable,

Being still sensible of maney ciuilities conferrid vpon me by you,
and being most desyrous to continew myselue in your fauor, and shune
aney thing that may tend a breache, I haue sent you inclosed the
ground of our ingagment, quherby you may perceaue we onlie ayme at
vnione. Wee are to goe vpon the samen grounds you professe. Nather
in reasone can it be expected that men at this tyme should looke
vpone bussines vncontented; we are Scotishmen, we desyre to fight
for our countrie; religion, king and kingdome are in hazard; we
desyre to ioyne with others vnder your commande, without changing
the stait of the questione. Others wnder your command are ane other
way; we are hopefull that you will not shed the blood of your
brethreen, nor put ws to that wnhappey necessity as to shed yours in
our auen defence. It may be obiected, that wee did fall on Sʳ Johne
Broune, his regiment, in ane hostill way, wee thanke God that non
in that regiment, nor aney belonging to ws did fall, nather think
that ther was one drope of blood shed; bot it was Sʳ Johne Browns
briske expressions that did occasion it. I beseiche you, by all the
expressions of frindschipe, and by that woue ze owe religione, king,
and kingdome, to indevore vnitie, and not to enter in bloode with
thesse that are redey to perishe for that samen pretious treuth you
fight for; not doubting bot in this you will approue yourselue ane
countreyman and kynd frind to him quho has put one a resolutione to
be your faithfull frind and humble seruant.

Jo: Mideltone.

Forfar, 24 October, 1650.

* * * * *

Quhen Cromwell had sent a letter to the Comittee of Estaits, of the 9 of October, 1650, he sent the duplicat of the same to the westerne armey and ther comanders, Ker and Straquhaine, quho, after they and ther comittee had perused it, they resolued to returne no publicke anssuer therto, since, as they thought, the Comittee of Estaits wold anssuer it; only they resolued to returne him thesse 6 following querees for anssuer, as Sʳ George Maxswoll quho presented ther remonstrance to the Comittee of Estaits at Stirling,—— of October instant.

1. Quhay is satisfaction demandit? 2. Quhat is the satisfaction demandit? 3. For quhat is the security demandit? 4. What is the security ze wold haue? 5. From quhom is the security requyred? 6. To whom is the security to be giuen?

After the remonstrance of the westerne armey was presented to the Comittee of Estaits at Stirling, and accepted be them, and marked by ther clerke, produced by Sʳ Geo: Maxswoll in name of the comanders, gentrey, ministers and armey, (calling themselues the Westerne Forces,) therafter within 3 or 4 dayes was [the] thre follouing papers sent by them to Courte and Comittee of Estaits at Perth, Tuesday, 30 of October—[viz.]

30 Octob: 1650.—It being manifest that the Kings not prosecutting the causse of God, nor walking in ane subordinatione to God, bot rather in oppositione to the work of God and the couenant, and cleiuing to all the enimies, we doe therfor, according to the declaratione of the churche and stait of the 13 of Aguste 1650, disclaime all the sin and guilt of the King and his housse, both olde and lait; and declaire, that wee doe not allow him nor his intrest in the stait of the quarrell betwix ws and the enimie, aganist quhom, if the Lord will, wee are to hazard our liues.

2. That within Scotland he ought not to be intrusted with the exercisse of his power, till such tyme as ther be conwincing and cleir euidence of ane reall change in him; and that ane effectuall coursse ought to be takin for prewenting, in tymes coming, his coniunctione with the malignant partey, and for traying the causse of his lait deserting of the publicke counsailles, and of all quho had accession therto; and for disabling malignants, vntill they be out of capacity to hurte the worke and people of God.

3. That the publick judicatories be free, that ther is iust causse in Gods sight to charge some eminent persons in our counsells and forces with ingagements and deseinges to inwade Ingland, for inforcing the King one that natione; and that it was a grate prouocation in aney persone to haue intendit ane inwasion to Ingland, for the inforcing of the King one ane other natione, not subordinat to ws; with consideratione of the necessities and vnlawfullnesse therof for cleiring of our calling to it, or remoueing the Lords contrawersie aganist the King, quhom justly the Lord had remowed from the gouerniment of the kingdome, quhatsomeuer in justice was one mans pairte.

* * * * *

_To the Rt Honorable the Committee of Estaits, the humble
Remonstrance of the Gentlemen, Commanders and Ministers, attending
the forces in the west._

17 October, 1650.

Althoughe wee do not judge of the wndertakings of the Lords people by the successe, and be not shaken by the dissipating of our armey, nor brought in question our causse, zet wee thinke ourselues, and all the people of this land, called by thesse late dispensations to searche and tray our wayes; wee doe therfor esteeme it our deutie (quhill wee are about to adwenture our liues againes the enimie, as prowidence shall giue opportunitie) freelie and faithfullie to make our thoughts knowen to your Lops: concerning the causses and remedies of the Lords indignation wich hath gone out aganist his people, quherin wee supposse wee neid not insist vpone the lait sinns conteined in the lait causses of the fast, published by the Commissioners of the Kirke, relatting to the conducte and carriage of our armie, and other thinges; bot wee shall speike to that wich most directlie concerns your Lops:

1. That wiche is obuious, in the first place, amonge the sinns of the land, is our late proceidings with the King; quherin, that wee be not mistakin, wee shall distinguish betuix our deuty and our sinns.

Wee owe and acknouledge for our deutie, to wsse all lawfull wayes and means for reclaming the King, and to owne his intrest according to oure vocatione, so fare as he owns and prosecuttes the causse. Bot we are conwinced that it is our sinne, and the sin of the kingdome, that quhen the King had walked in the wayes of his fathers oppositione to the worke of reformation, and the soleme leauge and couenant, wntill he had gone the lenthe of confirming a peace with the Irishe rebells, for pardon of the blood shed of so maney thousand protestants, and allowing them the exercisse of the popesche religion; and quhen he had giuen commissions to the appostat rebell James Grhame to inwade this kingdome: that after all this, commissioners should haue beine varrandit to assure him of his present admissione to the exercisse of his royall power, vpone his profession to ioyne in the causse and couenant, not onlie without aney furder euidence of his repentance, wnto the renewing of the Lords contrawersie with his fathers housse, and without conuincing euidences of the realitie of his profession, and his forsaiking his former principals and wayes; but quhen ther was pergnant presumptions, if not cleir euidences of the contrarey.

2. That ther was to grate haist and præcipitatione in a second addresse to the King, after the first had beine reiected, as appeired in the publick motion of it, without aney consultation about it; in the suddaine electione of commissionars for the soleme addresse, and in refussing to delay the matter wntill the meitting of the parliament, then werey neire; and all this haist made quhen ther was informatione giuen that his Maieatie at the same tyme had giuen commissions to inwade this kingdome, and without seeking the Lords directione in a matter of so heighe consequence to the worke and people of God.

3. That the trettey was continewed after the Lord had cleirlie discouered the Kings wnstraight dealling, in the invasione actuall of this kingdome, by his varrant and commissione during the trettey.

4. That ther was too grate forwardnes in some of the commissioners to closse the trettey, without satisfaction requyred by the parliament, and ther imploying instruments to persuade the King, who wer ather oppin enimies to the causse and couenant, or had delte deceitfully therin; from quhom nothing could be expected, bot to teache his Maᵗⁱᵉ dissimulatione and outwarde complyance, rather than aney cordiall coniunctione with the causse and couenant.

5. Quhen the parliament of this kingdome was acquanted with the transactions of our commissioners with the King at Breda, and had declared ther disaffectione with sundrey things therin, and had made the same knowen to our commissioners; zet plainnesse and freedome was not wssed with the King, to declare wnto him befor he cam from Holland, the sence of this kingdome vpone the trettey. Bot his Maiestie was brought to sea with a wicked companie of Scottishe and Englishe malignants, expresly contrarey to the directions of parliament.

Quhen the Lord had in a wounderfull prouidence brought to the weiu of the parliament his Maᵗⁱᵉˢ bloodie commissions to James Grhame, and seuerall letters discouering his firme adherence to his former principalls, euen quhen he was proposing a trettey with this kingdome, and of resolutione to make wsse of his forces lewied by James Grhame for the inwading of this kingdome during the tyme of the trettey. Notwithstanding of all this, they proceided to closse a trettey with the King, and admitt him to the present exercisse of his power, and that befor aney trayell had, or euidences giuen of aney reall change in him.

Thesse thinges wee looke vpone as heighe prouocations befor the Lord, thretting no lesse the destructione of ws and of our King.

Notwithstanding this sinfull way of aggrement with the King, for wich wee and maney of the Lords people in the land haue mournid, finding nothing in all the progresse of the bussines that might giue ws aney sure ground of hope that the Lords contrawersey was remoued from the royall familey, yet haue wee bein willing to wait wntill the Lord should make some discouerey, wither the King had really ioyned in the causse and couenant, or had onlie come in for worldlie ends and deseinges, and had reteind his olde enmitie at the worke of God, and frindschipe with the enimies therof. Bot now ther being cleir euidences that the Lord hath bein deceaued and ensnared by his dissembling in the Lords worke as may appeire,

1. By his countenancing and entertaning the malignant partey in this kingdome, his cleiuing to ther companey and following ther counsells, quho haue abused him, taught him to continew in his former opposition to the worke, and in his lait compliance, that he might wind himselue in power to prosecute his former desainges.

2. By his keiping correspondence withe the notorious enimies of the worke of reformatione and couenant abroade, suche as the Marques of Ormond, the Earle of Newcastle, and others.

3. By his refussing to seinge the declaratione offred to him by the Comittee of Estaits and Commissioners of the Generall Assembley, wntill he was necessitated by declarations concerning him, and wntill it was in a kynd extorted from him.

4. By his perseuing the same desinge since the trettey as befor, indeworinge to haue the malignants of his kingdome in pouer and trust, as appeirs by his frequent conwersing and correspondencies with them, notwithstanding they are discharged the courte by acte of parliament.

5. By his wretting to the Comissione of the Kirke to that purpose, and quhen it was denayed by them, by his instructions to the Lord Chanceler, communicated to the Comittee of Estaits the 26 of September last, pleading for a coniunction with the malignant partie; and, at last, quhen nather kirke nor staite did giue ther concurrence therin, he deserted the counsailles of the kingdome, and priuatly conwayed himselue away with the malignants, quho had euer since his coming to the kingdome waitit for that opportunitie, and with quhom he had corresponded in carrinng one a deseinge to raisse them againe in armes.

By thesse thinges, it being now manifest that the King is not prosecutting the causse of God, and valking in subordination to God, bot rather in opposition to the worke of God and the couenant, and cleiuing to the enimies therof, according to the declaration of kirke and stait of the 13 of Aguste 1650, wee disclaime all the guilte and sin of the King and of his housse, both olde and lait; and declaire, that wee cannot owen him and his intrest in the stait of the quarrell betuix ws and the enimey, aganist quhom (if the Lord will) we are to hazard our liues.

And further, for the remedey of quhat is past, and prewenting of more sin and danger to the worke of God in this land, wee humblie offer to your Lops: that besydes the repenting off and humbling yourselues for thesse thinges, your Lops: wold be pleassed, according to the acte of the 7th of Februarij last, judgeing it necessarie securitie for the causse, that the King forsake the counsells and counsellers that haue been opposit therwnto; and according to the acte of parliament explaining the inwitatione wich approues therof onlie in this sensse: he performing satisfactione to the desyres conteind in the 4 demands, and according to the acte ratifiing the trettey, and putting him in the exercisse of his power, with the lyke restriction and conditione, he reuling according to the counsells of this kingdome and kirke. To consider that the King not hauing forsaken the counsells and companey of malignants, bot still cleiueng to the same, notwithstanding of all the endeuors wsed by kirke and staite in the contrarie, and not hauing performed the satisfaction promissed by him in the trettey; and not reulinge according to the counsells of the kingdome; bot forsaking the same to ioyne with malignant counsells and forces wich he was bound to abandon: Withere this be not suche a breache of his conditione to performe the satisfactione promissed, and suche a discouerey that he hath not ioyned cordially in the causse and couenant, as giues good ground not to intrust him with the exercisse of his power, till suche tyme as ther shall be conuincing and cleire euidence of a reall change in him; and that your Lops: should take ane effectuall coursse for preuenting the Kinges coniunctione with the malignant partie for the tyme to come; and for the tryall of the last malignant deseinge of the Kings deserting the publicke counsailles, and of all thesse quho haue had accessione to it, and for disableing the malignants, quho haue by ther lait acteinges discouered deepe hypocrisie and mocking of God, by a profession of repentance, till they be out of capacity to hurte the worke and people of God?

II. Albeit the publicke judicatories of the kirke and stait haue, by ther declarations, sufficiently cleired themselues of that wich is wniustly charged vpon them by the adwersarey, to witt, ane ingagement to the King, and a deseinge laide to inwade England, and force the King vpone that nation by armes. And althoughe wee cannot purge ourselues befor the Lord, that we neuer had aney suche deseinge, wich wee can professe with the more cleirnes, becausse nather the lawfullnes nor necessity therof, nor our calling therwnto, was euer so muche as debaitted in the publicke judicatories; all wiche was declared to be necessarey to aney suche resolutione, and to wich wee purposse still to adhere. Zet wee beseiche your Lops: to consider wither in Gods sight, quho will not be mocket with declarations contrarie to intentions, ther be no iust causse to charge some eminent persons in our counsaills and forces with suche ingagements, and deseinges to inwade England for the enforcing of the King vpone that nation, and for enriching themselues with ther spoyles. And that the Lord is righteous in doing to this nation, as maney in our armies did to England quhen wee wer called to ther assistance, and as was intendit by maney to be done againe by a new inwasione.

Lett it therfor be zet examined how grate a prouocatione it is in aney persone to haue intendit ane inwasione, and forcing of the King vpone ane other natione not subordinat to ws, without a preuious debait and determinatione of the lawfullnes and necessity therof, by the parliament, or Generall Assembley, or ther commissioners; and without a preuious cleireing of our calling to it, and without the preuious remoueing of the Lords contrawersie aganist the King, (quhom iustlie the Lord hes remoued from the gouerniment of that kingdome, quhatsoeuer justice was in mans pairt,) and with ane intendit coniunctione with the malignant partie, so fare contrarey to the publicke declarations and professions of the kingdome, and attestation of God that wee had no suche deseinge.

If it be sin in ws to haue put in the Kings handes the exercisse of power in this nation, befor euidences had of a reall change in him, how much more sinfull must it be to haue deseinged, or to haue endeuored, the putting more power in his hands in England; wee cannot judge otherwayes of suche a deseinge, then to be preferring of mans intrest to Gods, and a betraying of his causse and people wnto the handes of one quho had not layed doune his enmitey aganist bothe.

In the nixt place, the grate and mother sin of this nation wee conceaue to be the backslydinge breache of couenant, and engagements wnto the Lord. It hath beine our maner in our troubles to call one wowes and resolutions aganist thesse sins, wiche haue beine looked vpone as causses of our affliction; wee haue [so] often leied wnto the Lord with our tounges, and flattered him with our lippes, that wee deserue to be no more trusted by him; and as wee purpois not to forgett our aueh breaches of couenant and sins of this sorte, so wee humblie desyre your Lops: to lay it to heart:—

1. How vnansuerable ze haue walked to your soleme ingagement to purge the judicatories and armies, and to fill the places of truste and power with men of knowin good affection to the causse of God, and of a blamles and Christian conuersation. Haue not some amongest you beine the cheiffe obstructors of the worke, by retarding conclusions, by studing to make them ineffectuall, quhen they haue beine takin; by your partiall dealling, differencing men according to ther intrests, countenancing, fauoring, keiping in and helping to places of power and trust, suche malignant and profane persons as might be subseruient to your deseinges; by your reckoning it qualificatione good aneuche, if a man be free of accession to the ingagement, thoughe he wer otherwayes malignant or prophaine; by your sparing of thosse in eminent places and truste in the judicatories and armies, and taking no trayell of the qualifications, according to your vowis, quhill you wer doing some deutie vpone them of lower degree, quherby it hath come to passe, that ther remaine zet spots in your judicatories wich diminishes your crydit and authority, and occasione is giuen to the enimies to blaspheme the causse of God!

For remedeeing quherof, may it pleis your Lops: to take zet are vnpartiall way of remowing from the King, the judicatories, and armies, all suche persons as haue not the qualifications conteind in the 7th desyre of the kirke to the parliament, 1648, and to the 10 and 12 pages [of] our soleme acknouledgement and ingagement, and in the acte of parliament for keeping the judicatories and places of trust free of corruptione. That your Lops: be not found walking still in [the] same way, sinning zet more quhen wrathe is gone in the gude land; lett it be farre from your Lops: to hold fast deceit, and to refusse to returne from that werey sin wich hath beine publickly acknowledged by you and all this kingdome.

2. Albeit nothing can be addit to that wich is spokin of the madnes and sinfullnes of complaying with malignants in the 5 and 6 page of the soleme acknouledgment and ingagement; zet maney of your Lops: haue sliden backe and returnid to the way wiche not longe since ze called sinfull befor God, by receauing malignants into intimat fellowschipe with yourselues, admitting them to your counsailles, and bringing in some of them to the parliament and comittees, and to be aboute the King; so that ther are maney pregnant presumptiones of a desinge in some of your Lops: to sett vpe and imploy the malignant partey againe, at least ther are demonstratiue euidences of a strong inclinatione to entrust them againe in the managinge of the worke of God.

When wee compare togider the assurances that wer giuen to the malignants that wer with the King in Holland; the bringing of thesse home; the studious indeuors that haue beine vssed to keepe some of them in the kingdome and aboute the courte; the admissione of all the malignant partie to resorte to the courte without aney effectuall restraint; the forshewing and grudging at the purgeing of the armey from malignant persons; the obstructing of the purging of the Kinges familey and the lyffe gaurd of horsse; the pleading of some in the judicatories for persons that are secludit from trust by the publicke resolutions; the profession of others in the Committee of Estaits of ther desyre and resolutione to put power in the hands of knowen and eminent malignants in Scotland, and of raissing the malignants in England in armes, vnder the name ef the kirkes partey. The conniwence of some amongest you, as the Kings correspondencies with the enimies of the causse abrod; the leawinge out vpone debait, in the orders for the new lewies, the qualifications of the acte of parliament for the lewies and posture; the endeuors that haue beine wssed to hastin the Kinges coronatione, and for putting him in the full exercisse of his power, notwithstanding that he hes not forsakin his eiuell counsellers and companey of malignants, according to the trettey.

And lastlie, quhen wee ioyne with thesse the assistancis and endeuors of maney in the Committee of Estaits for carrinng one the Kings lait oppositione of a coniunction with the malignant partie, and with the Clans and Heighelanders quho haue beine in rebellion; wee wounder that your Lops: are not ashamed so quickly to haue turned asyde, and forgottin your lait wowes, and the maney bands that are vpone you to abstaine from suche wayes. And wee humblie thinke that your Lops: giue too grate occasion to the enimie that hes inwadit our land to charge you with a malignant deseinge, and setting vpe the old malignant interest.

For remedie quherof, wee humblie proposse, not onlie that all suche backslydinges may be repented of, and all thosse coniunctions with the malignant partie forsakin and abhorred; bot that a speedie and a current way may be takin by your Lops: for discourey and remoweall of all suche persons as shall be found to haue contriued and actiuely promotted the forsaid desainge, from the Comittee of Estaites, the armey, the courte, and all wther places of trust, that the worke of the Lord and the kingdome may not be in hazard throughe ther influence wpon the publicke judicatories or wpone the armey.