last Acts of Parliament may be published in his Highness’s Name, as
our Soveraign Lord, with the Estates of Parliament convened by His
Majesties Authority; Next, That the Castle of Edinburgh, and other
strengths of the Kingdom of Scotland, may, according to the first
foundation, be furnished and used for our Defence and Security;
Thirdly, That our Countrymen in his Majesties Dominions of England
and Ireland may be free from Censure for subscribing the Covenant,
and be no more pressed with Oaths and Subscriptions unwarranted by
our Laws, and contrary to their National Oath and Covenant approved
by His Majesty; Fourthly, That the Common Incendiaries, who have been
the Authors of this Combustion in His Majesties Dominions, may receive
their Just Censure; Fifthly, That our Ships and our Goods, with all
the Damage thereof, may be restored; Sixthly, That the Wrongs, Losses,
and Charges, which at this time we have sustained, may be repayed;
Seventhly, That the Declarations made against us as Traytors may be
recalled, and in end, by advice and consent of the Estates of England
convened in Parliament, His Majesty may be pleased to remove the
Garrisons from the Borders, and any Impediment that may stop free
Trade, and with their advice may condescend to all Particulars, which
may establish a stable and well-grounded Peace, for enjoying of our
Religion and Liberties, against all fears of molestation and undoing
from year to year, as our Adversaries shall take the advantage. This
Royal testimony of His Majesties Justice and Goodness, we would esteem
to be doubled upon us, were it speedily bestowed, and therefore must
crave leave to regrate, that His Majesties Pleasure concerning the
Meeting of the Peers the 24ᵗʰ of this Instant, will make the time long
ere the Parliament be convened, which is conceived to be the only mean
of settling both Nations in a firm Peace, and which we desire may
be seriously represented to His Majesties Royal thoughts; the more
this time is abridged, the more able will we be to obey His Majesties
Prohibition of not advancing with our Arms, Our Actions, and whole
comportment since the beginning of these Commotions, and especially of
late since our coming into England, are Real Declarations of our love,
and desire of Peace: nothing but invincible necessity hath brought us
from our Country to this Place, no other thing shall draw us beyond
the limits appointed by His Majesty; which we trust His Majesty will
consider of, and wherein we hope your Lordship will labour to be a
profitable Instrument for the Kings Honour, the Good of your Country,
and of
Your Lordships humble Servants,
and affectionate Friends,
Scots-Leager at New-Castle,
Sept. 8ᵗʰ 1640.
A. Lesly,
Rothes,
Cassils,
Montrose,
Dumfermline,
Lindsay,
Lowdon,
Napier.
Tho. Hope,
W. Rickartoun,
J. Smith,
P. Hepburn,
D. Home,
Keir,
Ja. Sword.
1640.—September 24.
6. _Letter from the Earl of Lanerick appointing a Treaty._[273]
MY LORDS,
According to His Majesties appointment, the most part of the Peers of
this Kingdom of England met here at York this day, where His Majesty
did communicate unto them your Desires and Petitions; and because you
do so earnestly press for a speedy Answer, His Majesty, with advice
of the Peers, hath nominated such a number of them for a Conference
with you upon Tuesday at Northallerton, whose names are underwritten.
But withall if you shall think the time too short, and that with
conveniency you cannot come so soon thither, if betwixt this and Sunday
you do acquaint His Majesty therewith, he will take Order for the delay
thereof, for one day or two.
And that you may without all fear or Danger of Detention, send such
Persons unto the said Conference as you shall think most fit, if
betwixt this and Sunday you send hither the Names of these you mean
to imploy, His Majesty will with all possible diligence return a
safe conduct under his own Royal Hand, for them and their necessary
Servants.
His Majesty hath likewise commanded me to let you know, that upon
your relieving of such Officers, and others of His Subjects, as are
detained by you, he will return all such of yours as are his Prisoners,
either here or at Berwick; and hereafter resolves, that fair Quarters
should be kept betwixt both Armies. Thus having imparted His Majesties
Pleasure, I continue
Your Lordships Servant,
LANERICK.
York, 24ᵗʰ of September,
1640.
1640.—October 16.
7. _Articles agreed on for the Maintenance of the Scots Army._[274]
1. First, That the Scotch Army, now lying in the Counties of
Northumberland, Bishoprick of Durham, and Town of Newcastle, shall have
for a competent maintenance, the summ of £850 per diem, being the sum
before agreed on by the Counties; and that the payment thereof shall
begin upon the 16th of October, and to continue for two Months, in case
the Treaty shall so long last; which payment to be made weekly upon the
Friday of every Week, the first Friday being the twenty-third day to be
for the payment of the Week past.
2. The dayes of the returning of the Army to be numbred, within the
dayes of the allowed maintenance.
3. That the Scotch Army shall content themselves with the aforesaid
maintenance, and shall neither molest Papists, Prelates, nor their
adherents, nor any other persons of whatsoever quality, during the
time of payment, but shall keep themselves free of all other Taxes and
Plunderings not only during their abode, but in their returns, and such
security as is usual shall be given for the performance of the same,
and this to be ordered upon the condition of the Treaty.
4. That the Inhabitants of the said Counties shall also have liberty
to return peaceably to their own dwellings, and shall be refused no
Courtesie, it being alwayes presupposed that the fit Lodging of their
Army shall be allowed.
5. That the Army be furnished with Coals in a Regular way, and not at
the pleasure of the Souldiers, which is especially recommended to the
care of the Scotch Commissioners.
6. That there be a provision of Forrage at the prices to be set down
in a Table, which must also contain the particular prices of all sort
of Victuals, and other necessaries for the Army, to be indifferently
agreed upon by persons nominated on both sides.
7. That the Sea-Ports be opened, and there be free Trade and Commerce
by Sea and Land, as in the time of Peace; with this Proviso, that with
the Victuals, no Armes nor Ammunition be imported into Newcastle,
or any Harbour of England, and this Free Trade and Commerce to be
presently intimated, and not to be interrupted, but upon the warning of
three Months, that there may be a sufficient time allowed for Ships to
return, and for the disposing of their Commodities.
8. That the Victuals and other Necessaries for the Army be free of
Custome; And that his Majesties Custome of Coals, and other Ware, be
left free to be levyed by his own Officers.
9. That all restraints be removed, and that there be a freedem to
furnish necessaries for both Armies, in such sort as is agreed on by
the Articles, and liberty be granted for Milling, Brewing, Baking, and
other things of that kind.
10. That the Arrears be completely paid to Octob. 16, and that such
rents as are anticipate, and not yet due, be allowed in the Arrears.
11. That there be a Cessation of Armes, according to the particulars to
be agreed upon.
12. As for securing the summ of £850 per diem above specified, there is
a Committee appointed by the Great Council of the Peers, who have power
to Treat with Northumberland, the Bishoprick of Durham, Newcastle,
and (if need require) with other adjacent Counties, that there may be
a real performance of what is agreed on by us: And for that we find
many Difficulties of raising the Contribution out of the Counties of
Northumberland, the Bishoprick, and Town of Newcastle, we have thought
fit and necessary to add unto them the Counties of Cumberland and
Westmoreland, to assist towards the said Contribution according to
their abilities.
13. And further, the Lords will before their going from York settle a
Committee who shall have charge to see the Contribution orderly raised
and paid; and that there shall likewise be a Committee nominated of
the Lords Commissioners, to whom either the Scotch Commissioners may
address, or the Committees of the Countrey may Weekly give an Accompt
of the carriage of the business. And that from thence there may further
Order be given for the due performance of that which is promised.
Signed
_Bedford_,
_Bristol_,
_Holland_,
_Berkshire_,
_Ed. Mandevile_,
_Ph. Wharton_,
_Ro. Brook_,
_J. Paulet_,
_Ed. Howard_,
_Fr. Dunsemore_,
Dumfermling,
Lowdon,
Patrick Hepburne,
W. Douglass,
J. Smith,
William Wedderbourn,
Alex. Henderson,
Wᵐ [Archᵈ] Johnston.
1640.—October 26.
8. _Articles agreed on concerning the Cessation of Arms betwixt the
English and Scottish Commmissioners at Rippon, the 26th day of October
1640._[275]
1. That there be a Cessation of Arms both by Sea and Land, from this
present.
2. That all Acts of Hostility do henceforth cease.
3. That both parties shall peaceably retain, during the Treaty,
whatsoever they possess at the time of the Cessation.
4. That all such persons who live in any of his Majesties Forts, beyond
the River of Tees, shall not exempt their Lands which lye within the
Counties of Northumberland and the Bishoprick from such Contribution,
as shall be laid upon them for the payment of the £850 a day.
5. That none of the Kings Forces upon the other side of Tees, shall
give any impediment to such Contributions as are already allowed for
the Competency of the Scotch Army, and shall take no Victuals out of
the bounds, except that which the Inhabitants and Owners thereof shall
bring voluntarily to them: And that any restraint or detention of
Victuals, Cattle, and Forrage which shall be made by the Scots within
those bounds for their better maintenance, shall be no breach.
6. That no recruits shall be brought unto either Army from the time of
the Cessation, and during the Treaty.
7. That the Contribution of £850 a day shall be only raised out of
the Counties of Northumberland, the Bishoprick, Town of Newcastle,
Cumberland, and Westmoreland; that the not payment thereof shall be no
breach of the Treaty; but the Counties and Town so failing, it shall be
left to the Scotch power to raise the same, but not to exceed the summ
agreed upon, unless it be for the charges of driving to be set by the
Commissioners of the Forrage.
8. That the River of Tees shall be the bounds of both Armies, excepting
always the Town and Castle of Stockton, and the Village of Eggscliffe:
And that the Counties of Northumberland and the Bishoprick of Durham
be the Limits, within the which the Scottish Army is to reside; saving
alwayes Liberty for them to send such Convoyes, as shall be necessary
for the gathering up only of the Contributions which shall be unpaid by
the Counties of Westmoreland and Cumberland.
9. If any persons commit any private Insolencies, it shall be no breach
of the Treaty, if (upon Complaint made by either party) reparation and
punishment be granted.
10. If Victuals be desired upon that price which shall be agreed upon,
and ready Money offered for the same, and refused, it shall be no
breach of the Cessation, to take such Victuals, paying such price.
11. No new Fortifications be made during the Treaty against either
party.
12. That the Subjects of both Kingdoms, may in their Trade and Commerce
freely pass to and fro, without any Pass at all; but that it be
particularly provided, that no member of either Army shall pass without
a formal Pass under the hand of the General, or of him that commandeth
in Chief.
_Bedford_,
_Bristoll_,
_Holland_,
_Berkshire_,
_Ed. Mandevile_,
_Ph. Wharton_,
_Ro. Brook_
_J. Paulett_,
_Ed. Howard_,
_F. Dunsmore_,
Dunfermeling,
Lowdon,
Patrick Hepburne,
William Douglass,
J. Smith,
William Wedderburn,
Alex. Henderson,
Wᵐ [Archᵈ] Johnstown.
1641.—April 24.
9. _Letter from the Earl of Strafford to the Marquis of Hamilton._[276]
MAY IT PLEASE YOUR LORDSHIP,
Hitherto I judged it not fit to endanger your Lordship by any
Intelligence betwixt us, which might have turned much to your
prejudice, in a time when the World is in so much mis-understanding of
me; but now be your Lordship pleased, to admit me to resort to your
noble Expressions and former Friendship, that I may carry forth of the
Court with me the belief and tokens of it.
It is told me, that the Lords are inclinable to preserve my Life and
Family, for which their generous Compassions, the great God of Mercy
will reward them: and surely should I die upon this Evidence, I had
much rather be the Sufferer than the Judge.
All that I shall desire from your Lordship is, that devested of all
Publique Imployment, I may be admitted to go home to my own private
Fortune, there to attend my own Domestick Affairs, and Education of
my Children, with as little asperity of words or marks of Infamy, as
possibly the Nobleness and Justice of my Friends can procure for me,
with a Liberty to follow my own occasions, as I shall find best for my
self.
This is no unreasonable thing I trust to desire, all considered that
may be said in my case, (for I vow my fault that should justly draw any
heavy Sentence on me, I yet do not see:) yet this much obtained will
abundantly satisfie a Mind hasting fast to quiet, and a Body broken
with afflictions and infirmities. And as I shall take myself highly
bound to any that shall further me therein, so I more particularly
desire to receive an obligation therein from your Lordship than from
others, as being purposed in the truth of my former Professions, to
express my self
Your Lordships humbly to be Commanded,
STRAFFORD.
Tower, 24ᵗʰ of April, 1641.
1641.
10. _Principal Baillie’s Journal of the General Assembly, 1641, in a
Letter to the Rev. William Spang._[277]
COUSIN,
Since your last, the 1st of August, you have received two of mine, and
this is a third—if virtue were in length—worth any six of yours.
The carriage of our assembly was this. Since the assembly of Aberdeen
there was a continual heartburning betwixt the favourers of Mr Harry
Guthrie and Leckie; as in my discourse of that assembly you may see
I foretold. As I came from London through Edinburgh, I found the
misunderstanding so great, that I advised Argyle to take notice of it
in time; and when Mr Archibald Johnston came home, I wrote to him to
draw to him some of the parties for advisement how to preveen discord.
For all that I could do, at my coming to Edinburgh on Saturday, July
17, I found Leckie, and many that favoured him, peremptor, not only
to accuse Mr Harry Guthrie, but to have the Acts of Aberdeen about
meetings and read prayers cancelled. They were much galled with the
slanders went upon them, for the abusers of privy meetings, and other
things falsely fathered on them. On the other part, Mr Harry, and many
with him, were no less resolute to defend all that passed in Aberdeen,
and to have sharp censures concluded in the next assembly against all
that were for novations, not approven by our Church. With these minds
went too many to St Andrew’s, as if it had been a place of combat. Our
only remedy against such scandalous debates were our prayers to God,
which carefully were offered the Sabbath before we came from home, in a
solemn humiliation for a blessing to the ensuing assembly. This labour,
we found, was not for nought; for at once we found the good hand of God
with us above expectation.
The King had sent his warrant to Lord Weems to sit, with as ample a
commission as either Hamilton or Traquair. His Majesty intended this
service for Southesk, by Traquair’s advice, who yet had too great hand
in affairs; but Mr Henderson diverted the King from that man, towards
whom the country had so evil an eye. For what special respects Weems
fell to be next, I do not know; however, the modesty and simplicity
of the man made him displeasing to none. When we came to St Andrew’s,
our first perplexity was about a moderator. Mr Henderson was
passionately desired in so hard a time; but there was no certainty of
his presence. Mr Harry Rollock, on whom the voices would have fallen
next, had of purpose absented himself. The rest who were met were
esteemed so far engaged to the question to be debated. Judge then
what strait of men was there, when the like of me, who to this day
had declined to moderate a presbytery, was shored to be leeted for to
moderate a general assembly. Yet, after much secret advisement with the
Commissioner, on Monday, with much ado, that difficulty was overcome.
1. On Tuesday, the 20th, the first day of our assembly, the last
moderator, Mr Andrew Ramsay, preached the 122d psalm. According
to his way, he went over it all. The first day of our assembly is
appointed for fasting and humiliation. Of this disposition there was
not so much this day among us as needed. After sermon we met in the
Old College-hall. Mr Andrew prayed; the commissions were received
by Mr Archibald Johnston; many of the commissioners were members of
parliament; divers others also, upon the certain expectation of the
assembly’s translation to Edinburgh, had not come over. His Grace’s
commission in Latin was read; one clause thereof importing, at the
Commissioner’s advice, the assembly’s translation, was demurred on
by the clerk, as intruding on the assembly’s liberties; yet it was
not publickly questioned. A letter from his Majesty to the assembly,
so full of grace and favour as we could have wished, was read. The
answering of it was laid on Mr David Lindsay of Belhelvie. His draught
in the end of Edinburgh assembly was read: but it was so long and
luxuriant, that Mr Henderson was caused to make that short, decised,
and nervous answer.
The parliament had sent over a commissioner to us, one from ilk
estate, Cassils, Auldbar, Provost of Dysart, intreating, without any
prescription, that in regard many of them were members of the assembly,
could not, without detriment to the publick, attend at St Andrew’s, we
would be pleased to enter in no weighty action, especially in chusing
a moderator, wherein they desired to have voice, before we returned
to Edinburgh. In the translation there was no difficulty; but in the
delay to chuse a moderator, the difficulty was huge. The most thought
the assembly could not be constitute, and so was incapable to perform
any act, let be so great a one as a translation, before a moderator
was chosen. Some leading men, who would have had the moderation to
themselves, or to those who favoured their intentions, urged a present
election. The matter was remitted to the next session; wherein, to
our great comfort, it was determined with far greater ease than any
expected. Many of us thinking the delay impossible to be obtained, had
concluded to voice for James Bonner; yet to-morrow, the earnestness
of the commissioners from the parliament, the clerk finding in the
register some such old practique, the certain hopes of Mr Henderson’s
near return, his Grace permitting the matter to our own option,
whilkas before some about him made him declare oft, that that delay
would legally evacuate his commission; Mr David Dalgleish, overcoming
in boldness his good friend Mr Harry Guthrie, stoutly reasoning the
sufficient formality of continuing by voices the old moderator, _ad
hune actum_, to transfer, and to chuse a new moderator in the beginning
of the translated assembly, by plurality of voices it was clearly
carried. We took that for a certain presage of God’s assistance in all
subsequent purposes.
The next session was appointed to be held at Edinburgh, the 27th.
No more but a supplication of D. Harry Reid, wherein he complained,
that after his long service in the kirk and divinity-schools, he had
been made to demit his place, by threats, in his extreme old age
and poverty. The case was very invidious, and reflected much on his
colleagues in the town and New college. The matter, I heard, was, that
he, as principal, had given warrant for lifting the New-college rents,
whiles to a wicked knave his son, whiles to D. Panter, and others; so
that no count could be made by him of much money. Mr S. Rutherford, I
think, caused complain of this to the estates when we were at London.
They sent over Newton and William Ridge, rigorous enough, either to
get account of him, or to lay him in ward. Upon the fear of this evil,
he offered to demit his place; and his demission was taken, reserving
500 merits a-year to him for his entertainment. When his petition came
to be considered in Edinburgh, his good friend Mr Henderson guided
it so, that with a great deal of commendation to the old man, large
as great, I am sure, as he ever deserved, it was voiced, that his
demission should be rendered to him; that, according to the acts of our
old assemblies anent failed ministers or professors, he should all his
lifetime enjoy his full rent and honour, without any diminution.
When we came back to Edinburgh, to our great joy we found Mr Henderson
and Mr Gillespie come home. That week was spent in privy consultations
for accommodating the feared differences. Argyle and Cassils drew
together in Loudon’s chamber the ministers of Edinburgh, Mess. Dick,
Blair, Rutherford, Cant, me, and some others. All the ministers of
Edinburgh were chafed at their people’s carriage towards them. They
would have been at the simple discharge of all privy meetings, but
those of a family; and for this the act of Aberdeen was alledged
by them, and many moe: for this the other part would have had that
act recalled or exponed. I marvelled much of both their forgetting
the meaning and occasion of that act, set down at length to you in
my letters. Then it was at last agreed, that Aberdeen act should be
altogether miskent; that a draught should be made for ordering these
meetings now in question. The paper drawn up by Mr Henderson the 10th
of June, which pleased all well, that I had conferred with both,
misliked the ministers of Edinburgh, and above all Mr D. Calderwood
could not abide it. The clause in it of the number, which I liked best,
did most mislike them; they alledged the permitting of any to meet, in
the smallest numbers, was an establishing by an act the thing itself.
Many meetings there were for little purpose. It was appointed, that Mr
Dickson and Mr Blair should meet with Mr Henderson and Mr Will. Colvil,
and set down their minds. Their draught was long, and too general. It
was laid again on Mr David Dickson, with whom he pleased, to write down
his mind. That form also did not please. At last Mr Henderson essayed
it. His model liked us best; yet Mr D. Calderwood started mightily
at it. We desired him to dite what he pleased; notwithstanding we
were all refreshed with a certain hope of a solid agreement; for Mr
Dickson and Mr Blair, and the rest who were suspected of innovating,
purged themselves fully of all such intentions, and were ready to
receive any of the models any had proponed. And being posed, what was
their minds anent all the novations? Mr Andrew Ramsay could enumerate
such as omitting, Glory to the Father, kneeling in the pulpit,
discountenancing real prayers, &c. They gave answer satisfactory,
that betwixt us and them there was no discrepance at all. At last
Mr Henderson fell on that model, which thereafter was voiced and
printed. This happy concord, whereof Argyle and Henderson were happy
instruments, will, we trust, be a great blessing to the whole land,
which every where began to be fashed with idle toys.
On Tuesday, July 27th, we met before noon in the Grayfriars. After
prayer, Mr Andrew Fairfoul required, that his commission should be
given to Mr Henderson, in regard that the presbytery had chosen Mr
Andrew Ramsay, Mr Andrew Pollock, [Henry Rollock,] and Mr Alex.
Henderson, if he should be present, and him only in case of Mr
Henderson’s absence. So, albeit Mr John Adamson had, at his own
hand, put in his own name in the commission at the first meeting in
St Andrew’s, and had voiced there as commissioner; yet Mr Henderson
being now present, he required to be free of the burden, which he had
undertaken only in case of his absence. While the matter is going
to voicing, Mr Calderwood, albeit no commissioner, reasoned very
passionately, that Mr Henderson was incapable of a commission. In
this Mr Henderson seconded him. Always, when it came to voicing, Mr
Henderson’s commission was unanimously received. The next question was
about a new leet for a new moderator. The old fashion was, that the
former moderator leeted whom he would, and the assembly added whom they
pleased. An overture had passed at Aberdeen, that every provincial
synod should have one of their number to be on the leets for moderator,
one to be on the committee of bills, one for the reports, and one for
the overtures. The Northlandmen pressed much to have it so; but it
was found unreasonable; and that overture not being an act, and not
being booked was rejected. Yet they got Belhelvie added to the leet
which Mr Andrew gave in. Mr Henderson declared earnestly against the
burden of moderation; yet the most of the votes fell on him. The nobles
were for Mr Henry Rollock, some for Bonner, some for Belhevie, none
at all for Adamson, Dalgleish, Somervel, Blackhall. No more was done
in that session; only Argyle told us, that the parliament was content
to have but one session a-day, and that in the afternoon, hoping the
assembly would be pleased to make but one session also, and that in
the forenoon, that so the commissioners might get both assembly and
parliament attended. This was agreed to.