of all these particulars, but kept themselves within the limits of the
Contents in their Letters, you would doe accordingly in your Answer,
and that in writing they should receive something to-morrow.
* * * * *
1639.—June 2.
47. _Letter from the King to Hamilton._[209]
HAMILTON,
This day I received yours by the Lord Seaton, and find your Opinion
therein very good, if I might spare so many men; but every one, (that
I dare consult with about this) protesteth against the diminishing of
one man from my Army: besides, I have no mind to stay here upon a meer
Defensive, which I must do, if I send you that Strength you mention.
Likewise I think that I have my Lord Hume sure, and am reasonably
confident of my Lord Johnstown; I have good hopes too of Queensberry,
and the Scots; therefore, all these things considered, it were a
shame if I should be idle. Wherefore now I set you loose, to doe what
mischief you can doe upon the Rebels for my Service, with those men you
have; for you cannot have one man from hence. Leaving the rest to the
relation of this honest Bearer, I rest
Your assured constant Friend,
CHARLES R.
Camp near Berwick,
2 June 1639.
* * * * *
1639.—June 4.
48. _Letter from Sir Harry Vane to Hamilton, and P.S. by the King._[210]
MY LORD,
By the Dispatch Sir James Hamilton brought your Lordship from His
Majesties Sacred Pen, you were left at your liberty to commit any act
of Hostility upon the Rebels, when your Lordship should find it most
opportune: since which my Lord Holland with 1000 Horse and 3000 Foot
marched towards Kelso, himself advanced towards them with the Horse
(leaving the Foot three miles behind) to a Place called Maxwel-heugh,
a height above Kelso; which when the Rebels discovered, they instantly
marched out with 150 Horse, and (as my Lord Holland says) eight or ten
thousand Foot; five or six thousand there might have been. He thereupon
sent a Trumpet commanding them to retreat, according to what they had
promised by the Proclamation. They asked whose Trumpet he was, he said
my Lord Holland’s; their answer was, he were best to be gone. And so my
Lord Holland made his Retreat, and waited on His Majesty this night, to
give him this account.
This morning Advertisement is brought His Majesty, that Lesley with
12,000 men is at Cockburns-path, that 5000 men will be this night or
to morrow at Dunce, 6000 at Kelso; so His Majesty’s opinion is, with
many of his Council, to keep himself upon a Defensive, and make himself
here as fast as he can: for His Majesty doth now clearly see, and is
fully satisfied in his own Judgement, that what passed in the Gallery,
betwixt His Majesty, your Lordship, and my Self, hath been but too much
verified on this occasion. And therefore His Majesty would not have
you to begin with them, but to settle things with you in a safe and
good posture; and yourself to come hither in person, to consult what
Counsels are fit to be taken, as the Affairs now hold. And so wishing
your Lordship a speedy passage, I rest
Your Lordships most humble Servant,
and faithful Friend,
H. VANE.
From the Camp at
Huntley-field this
4ᵗʰ of July [June] 1639.
Having no time to write my Self so much, I was forced to use his Pen;
therefore I shall only say, that what is here written, I have directed,
seen, and approved.
C. R.
* * * * *
1639.—June [7 or 8.]
49. _Supplication by the People of Scotland to the King._[211]
TO THE KINGS MOST EXCELLENT MAJESTIE,
The Supplication of His Majesties Subjects of Scotland,
Humbly sheweth,
That where the former meanes used by us have not beene effectuall for
recovering your Majesties favour, and the peace of this your Majesties
native Kingdome, we fall doune againe at your Majesties feete, most
humbly supplicating that your Majestie would be graceouslie pleased to
appoynt some few of the many worthie men of your Majesties Kingdome of
England, who are well affected to the true religion, and to our common
peace, heareby some of us of the same disposition, our humble desires,
and to make known to us your Majesties graceous pleasure; that, as by
the providence of God we are joyned in one Island under one King, so,
by your Majesties great wisdome and tender care, all mistakeing may
be speedilie removed, and the two Kingdomes may be kept in peace and
happinesse under your Majesties long and prosperous reigne; for which
we shall never cease to pray, as becometh your Majesties most humble
Subjects.
* * * * *
1639.—June 7.
50. _The Answer sent from the King by Sir Edmond Verney._[212]
The Kings Majestie having read and considered the humble supplication
presented unto him by the Earle of Dumfermling, hath commanded me to
returne this answer—That whereas his Majestie hath published a graceous
Proclamation to all his subjects of Scotland, whereby he hath given
them full assurance of the free enjoying both of Religion and Lawes
of that Kingdome, and likewise a free pardon, upon their humble and
duetifull obedience; which Proclamation hath been hitherto hindred to
be published to most of his said subjects; Therefore, his Majestie
requires, for the full information and satisfaction of them, that the
said Proclamation be publictlie read. That being done, his Majestie
will be graceouslie pleased to heare any supplication of his subjects.
* * * * *
1639.—June 8.
51._ Sir Edmond Verney, his Memento of the Answer from the Scotts
Noblemen._[213]
His Majesties Proclamation which I desired, in his Majesties name, to
be published, wes called for by the Noblemen and others conveened to
heare his Majesties graceous desire, and, with all due reverence, was
read and heard; unto which these Answers were made:—
That they are most willing, in all humilitie, to receave his Majesties
just commandment, as becometh loyall subjects: That the Estates being
convened for holding the Parliament called by his Majestie, had
receaved, from the Magistrats of the towne of Edinburgh, a copie of
this Proclamation, which his Majesties High Commissioner had commanded
them to publishe; and the said Estates, considering thereof seriouslie,
did returne thir reasons to his Majesties Commissioner, why it could
not be published, which they doe conceave were represented to your
Majestie by your Commissioner, and thereunto they still adhere.
1. And ane of the reasons which I did heare from them was, that this
Proclamation did not come in the ordinary and legall way—by his
Majesties Counsell—which both is the law, and hath been the perpetuall
custome of this Kingdome, and was acknowledged by the whole Counsell,
ever since the beginning of this Commotion. In the presence of his
Majesties Commissioner it was remembered also, that both his Majesties
Counsell and Senatours of the Colledge of Justice, being divers tymes
since conveined, did testifie their dislyke thereof.
2. Another reason was, that they found it to be most prejudiciall to
his Majesties honour, who is desirous to govern according to law.
3. A third was, that it was destructive of all their former
proceedings, as traterous and rebellious, which, notwithstanding, they
mentaine to be religious and loyall.
4. A fourth was, that whereas the meanest subject cannot be declaired a
tratour by proclamatioun, nor his estate forfect but after citation and
conviction in Parliament, or the Supreme Justice-Court, yet herein the
whole bodie of the Kingdome, without any citation or conviction, are
declaired rebellis and tratours, and their estates disponed to their
vassells and tennents.
A last was, that they were persuaded this did not flow from his
Majesties royall disposition, but from men evill affected to the peace
of the Kingdome; and that this was so farre from giving satisfaction
to his Majesties subjects, that it so dissolved all the bonds of
union betwixt his Majestie and his native Kingdome, that there could
be no hope of accommodation modation of effaires thereafter in a
peaceable way, which hath ever been their desire; and that they were
confident that his Majestie would take in his royall consideration how
illegall in maners, and prejudiciall in matters, this is, both to his
Majesties honour, and the weill of his Kingdome, and especiallie to
the intendit pacification; and that his Majestie will be well pleased
to send a graceous answer to their humble Supplication sent by my Lord
Dumfermling.
* * * * *
1639.—June 8.
52. _The King’s Answer._[214]
At the Kings Campe, the 8 of Junii 1639.
His Majestie having understood of the obedience of the Petitioners in
reading his Proclamation as was commanded, is graceouslie [pleased]
so farr to condescend to their Petition, as to admit some of them
to repaire to his Majesties campe upon Munday next, at 8 a clock in
the morning, at the Lord Generalls tent, where they shall find six
persones of honour and trust, appoynted by his Majestie, to heare their
humble desires.
JOHNE COOK.
* * * * *
1639—June 8.
53. _The Scotts Desire and Draught of a Safe Conduct._[215]
Whereas the Subjects of our Kingdoms of Scotland, have humbly
supplicated that we may be graceouslie pleased to appoynt some of
this our kingdome to heare, by such as shall be sent from them, their
humble desires, and to make knowne to them our grave pleasure; unto
which Supplication we condiscend so farre as to admitt some of them to
repaire to our campe, upon Munday, at 8 of the clock in the morning;
and, becaus they may apprehend danger in their comeing abroad, or
returning, we doe offer them, upon the word of a Prince, that the
persones sent from them shall be safe and free from all trouble and
restraint, whereof these shall be a sufficient warrant.
* * * * *
We trust His Majestie will favourablie construct this our humble
requyreing of a safe conduct, since, when our confidence is in his
graceous Majestie, we desire no further but assurance under his royall
hand—albeit, by statuts of England which were before cited to my Lord
Dalyell—all assurance and conducts are declaired to be null, if they
have not passed the Great Seale of England.
The Proclamations published throughout the paroche churches of
England, and these later sent to be published in Scotland, declairing
us His Majesties subjects to be Rebellis, and our proceedings to be
treacherous, forefeiting our estates, and threatening to destroy us,
lay a necessitie upon us who desire to cleare ourselres, to crave a
safe contact to his Majestie.
The former refusall of a safe conduct to His Majesties Councell and
Session; when they craved libertie to goe up and informe His Majestie
of the true estate of our bussinesse, and to ourselves, when we desired
libertie to cleare out proceedings and intentions to His Majestie,
showes the greater necessitie of our craving the same for to give a
full and free information of our affaires.
This refusing of a safe conduct being knowne to the Army, makes them
more unwilling then before, that any should goe there.
Hereupon the former warrant of a safe conduct, subscryved be John Cook,
was alse subscryved be the King.
* * * * *
1639.—June 8.
54. _The Humble Desires of His Majesties Subjects of Scotland, at the
first going of the Scotts Commissioners._[216]
1. First, It is our humble desire that His Majestie would be
graceouslie pleased to assure us that the Acts of the late Assembly at
Glasgow, indicted by His Majestie, shall be ratified in the ensuing
Parliament, to be holden at Edinburgh the 23 of Julii, since the peace
of the Kirk and Kingdome cannot indure farther prorogation.
2. That His Majestie, from his tender care of the preservation of
our religion and lawes, will be graceouslie pleased to declaire and
assure that it is his royall will, that all matters Ecclesiasticall
be determined by the Assemblies of the Kirk, and matters civill by
Parliament, which are for His Majisties honour, and keeping peace
and order amongst the subjects in the tyme of His Majesties personall
presence.
3. That a blessed pacification may be speedilie brought about, and
His Majesties subjects may be secured, our humble desire is, that
His Majesties schippes and forces by land may be recalled; that all
persons goods and schipps arreasted, may be restoired; the losses
which we have sustained by the stoping of our trade and negotiating,
be repaired, and we made safe from violence and invasion; and that all
excommunicat persons, all incendiaries and misinformation against the
kingdome, who hes, out of malice, caused these commotions for their
owne privat ends, may be returned to suffer their deserved punishment,
and the Proclamations sent abroad by them under His Majesties name,
to the dishonouring of the King and defameing of the kingdome, may
be suppressed; as these are our humble desires, so it is our griefe
that His Majestie should have been provoked to wrath against us His
Majesties most humble and loyall subjects, and shall be our delight,
upon his Majesties assurance, of the preservation of our religion and
lawes, to give example to uthers of all civill and temporall obedience
which be required or expected of loyall subjects.
That our desires are only the injoying of our religion and liberties,
according to the ecclesiasticall and civile lawes of his Majesties
kingdome, to cleare by sufficient grounds that the particulars which we
humbly crave are such, and shall not insist to crave any pairt which is
not so warranted, and that we humblie offer all civill and temporall
obedience to his Majestie which can be required or expected by loyall
subjects.
_Reasons and grounds of our humble desires._
I. We did first desire a ratification of the late General Assembly in
the insuing Parliament.
First, Becaus the civill power is keeper of both Tables; and, wherever
the Kirk and Kingdome are ane bodie, consisting of the same members,
there can be no firme peace nor stabilitie of order, except the
ministers of the Kirk, in their way, presse obedience of the civill
law, and magistrate and their civill power, and their sanction and
auctoritie of the constitutions of this Kirk.
2. Secondlie, Becaus the late Generall Assemblie, indicted by his
Majestie, was lawfullie constitut in all the members, according to the
institution and orders prescryved by the Acts of former Assemblies.
3. Thirdlie, Becaus no particular is inacted in the late Assemblie
which is not grounded upon the Acts of preceding Assemblies, and is
either expressly contained in them, or, by necessarie consequent,
may be deduced from them: That the Parliament be keeped without
prorogation, his Majestie knowes how necessar it is, since the peace of
the Kirk and Kingdome call for it without longer delay.
II. We did secondlie desire that his Majestie would be pleased to
declaire and assure, that it is his royall will that all matters
ecclesiasticall be determined by the Assemblies of the Kirk, and
matters civile by the Parliament, and other inferior judicatories
established by law; becaus we know no other way of preservation of our
religion and lawes, and becaus matters so different in nature ought
to be treated respective in their owne propper judicatories. It was
also desired that Parliaments might be holden at sett tymes, as once
in two or thrie years, by reason of his Majesties personall absence,
which hindereth his subjects in their complaints and grievances to have
immediat accesse to his Majesties presence.
And whereas his Majestie requires us to limite our desires to the
injoying of our religion and liberties, according to ecclesiasticall
and civile lawes respective, that we never intend further then the
injoying of our religion and liberties, and that all this tyme past
it was far from our thoughts to diminish the auctoritie of our native
King and dread Soveraigne, or to make any invasion upon the kingdome of
England, which are the calumnies forged and spread against us by the
malice of our adversaries, and for which we humbly desire that in his
Majesties justice they may have their owne censure and punishment.
III. Thirdlie, we desired a blessed pacification, and did express the
most readie and powerfull means which we could conceave for bringing
the same speedilie to passe, leaving other meanes serving for that end
to his Majesties royall consideration and grave wisdome.
_Answer to the Querees propounded by his Majestie._
The querees propounded by his Majestie, are—First, Whither his Majestie
hath the power of the sole indiction of the Generall Assembly?
Secondlie, Whither his Majestie hath a negative voice in Assemblies?
Thirdlie, Whither the Assembly may sitt, after his Majestie, by his
auctoritie, hes discharged them to sitt?
I. Unto all which we answer, First, That it is propper for the Generall
Assembly, by itselfe, to determine questions of this kinde; and it is
no lesse than usurpation in us, which might bring upon us the just
censure of the Generall Assembly, to give out determination.
II. Secondlie, The answering of ane of these three demands is the
answering of all; for if the sole indiction of the Generall Assembly
doe belong to his Majestie, there needs no question about the negative
voice and dissolving of Assemblies. Next, if his Majestie hes a
negative voice, there needeth no question concerning the indiction and
discharging. Thirdlie, If his Majestie may discharge the Assembly,
there needeth no question about the other two.
For our partes, we doe humbly acknowledge that the Kings Majestie
hath power to indict the Assemblies of the Church, and whensoever
in his wisdome he thinketh convenient he may use his auctoritie in
conveining Assemblies of all sorts, whether generall or particular. We
doe acknowledge also that the solemn and publict indiction, by way of
proclamation and compulsion, doth belong propperlie to the Magistrat,
and can neither be given to the Pope nor to any forragne power, nor can
it, without usurpation, be claimed by any of his Majesties subjects;
but we will never thinke but that in case of urgent and extreme
necessitie, the Church may, be her selfe, convene, continow, and give
out her owne constitutions for the preservation of religion.
1. God hath given power to the Church to conveene; the love of God hath
promised his assistance to them being conveened; and the Christian
Churches hes, in all ages, used this as the ordinary and necessarie
meanes for establishing of religion and pietie, and for removeing of
the evills of heresie, scandalles, and uther thinges of that kind,
which must be, and would bring the Church to be in miserie, if by this
powerfull remeadie they will not be cured and prevented.
2. Secondlie, According to this divine right, the Church of Scotland
hath kept her Generall Assemblies with a blessing from heaven; for
whill our Assemblie hath continowed in their strenth, in the doctrine,
in the worship and discipline, the unitie and peace of the Church
continowed in vigour, pietie and learning wer advanced, and profanenes
and idlenes wer censured.
3. The Church of Scotland hath declaired, that all ecclesiasticall
Assemblies hath power to conveene lawfullie for treating of things
concerning the Church and pertaining to their charge, and to appoynt
tymes and places for that effect.
4. The liberties of this Church for holding Assemblies is acknowledged
by Parliament, and ratified anno 1593 [1592] and that upon the ground
of perpetuall reason.
5. Becaus there is no ground, either by Act of Assembly or Parliament,
or any preceding practice, neither in the Christian Church of old,
nor yet in our owne Church since the Reformation, whereby the Kings
Majestie may dissolve the Generall Assembly, or assume unto himselfe
a negative voice; but, upon the contrare, his Majesties prerogative
hes [is] declared by Act of Parliament to be no wayes prejudiciall to
the priviledges and liberties which God hath granted to the spirituall
office-bearers of his Church, which are most frequentlie ratified
in Parliament, and especiallie in the last Parliament holden by his
Majestie.
6. By this meanes, the whole frame of religion and Church Jurisdiction
shall depend absolutelie upon the pleasure of the Prince; whereas
his Majestie hath publictlie declared, by publict proclamation in
England, that the Jurisdiction of the Churchmen, in their meetings and
Courts holden by them, doe not flow from his Majesties auctoritie,
notwithstanding any Act of Parliaments which hath beene made to the
contrare, but from themselves, in their owne power; and that they hold
their courts and meeting in their oune name.
7. That whereas His Majestie, upon the 12 of June, receaved a paper of
the schort generall grounds and limits of their humble desires, his
Majestie was graceouslie pleased to make this answer, viz., that if
their desires be only the enjoying of religion and liberties, according
to the ecclesiasticall and civill lawes of his Majesties Kingdome of
Scotland, his Majestie doth not onlie agrie to the same, but shall
also protect them to the uttermost of his power; and if they shall not
insist upon any thing but that which is warranted, his Majestie most
willinglie and readdilie [will] condiscend thereto; so that, in the
mean tyme, they pay unto him that civill and temporall obedience which
can be justlie required and expected of Loyall Subjects.
* * * * *
1639.—June 18.
55. _Declaration by the King, and Terms of the Treaty._[217]
CHARLES R.
We having considered the Papers and humble Petitions presented to Us,
by those of Our Subjects of Scotland who were admitted to attend Our
Pleasure in the Camp, and after a full hearing by Our Self, of all
that they could say or alledge thereupon, having communicated the same
to Our Council of both Kingdoms, upon mature Deliberation, with their
unanimous Advice, have thought fit to give them this Just and Gracious
Answer; That though We cannot condescend to ratifie and approve the
Acts of the pretended General Assembly at Glasgow, for many grave and
weighty Considerations which have happened, both before and since, much
importing the Honour and Securitie of that true Monarchical Government
lineally descended upon Us from so many of Our Ancestours; yet such
is Our Gracious Pleasure, that, notwithstanding the many Disorders
committed of late, We are pleased not only to confirm and make good
whatsoever Our Commissioner hath granted and promised in Our Name; but
also, We are further Graciously pleased to declare and assure, that,
according to the Petitioners humble Desires, all matters Ecclesiastical
shall be determined by the Assembly of the Kirk, and matters Civil by
the Parliament, and other inferiour Judicatories established by Law;
and Assemblies, accordingly, shall be kept once a year, or as shall be
agreed upon at the next General Assembly.
And for settling the general Distractions of that Our Ancient Kingdom,
Our Will and Pleasure is, that a Free General Assembly be kept at
Edinburgh the sixth day of August next ensuing, where We intend (God
willing) to be personally present, and for the Legal Indiction whereof,
We have given Orders and Command to Our Council; and thereafter a
Parliament to be holden at Edinburgh the twentieth day of August next
ensuing, for ratifying of what shall be concluded in the said Assembly,
and settling such other things as may conduce to the Peace and Good of
Our Native Kingdom, and therein an Act of Oblivion to be passed.
And whereas We are further desired, that Our Ships and Forces by Land
be recalled, and all Persons, Goods, and Ships be restored, and they
made safe from Invasion, We are Graciously pleased to declare, That
upon their disarming and disbanding of their Forces, dissolving and
discharging all their pretended Tables and Conventicles, and restoring
unto Us all our Castles, Forts, and Ammunitions of all sorts, as
likewise Our Royal Honours; and to every one of Our good Subjects
their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and
detained from them since the late pretended General Assembly, We will
presently thereafter recall Our Fleet and retire Our Land-Forces, and
cause Restitution to be made to all persons, of their Ships and Goods
detained or arrested since the aforesaid time: whereby it may appear,
that Our Intention in taking up of Arms was no ways for invading Our
Own Native Kingdom, or to innovate the Religion and Laws, but mainly
for the maintaining and vindicating of Our Royal Authority.