It is acknowledged by His Majesty, that if any one of the Articles of

Treaty had been broken or violated, (as His Majesty doth not so much as

see pretended) or any Debate or Difference had risen thereupon, (about

which there is now no Dispute) the Commissioners had then been not

only warranted, but obliged to have laboured to prevent all Troubles

and Divisions, which might arise by such a Breach to the disturbance

of the Common Peace, and to remove and compose all such Differences,

according to such Power as was granted to them: but till His Majesty be

satisfied, that Authority (by some Law) is given to the Commissioners

for Conserving the Articles of Treaty, to represent His Majesties

Native Kingdom of Scotland, in this Offer of Mediating for a desired

and blessed Pacification here; His Majesty cannot see how the pious,

dutiful, provident or charitable, Concernment of that Kingdom in the

Calamities of this, or their Sympathy and sense of the Troubles of

their Head, and fellow-Subjects, can interest the Commissioners, any

more than any other of His good Subjects of that Kingdom, to bestir

themselves in Matters of that kind: or why any such Endeavours should

be by any (much less universally) expected from them; so far is he

from seeing that any undeclinable Necessity constrained them to it.

And since the express words of the Act of Pacification it self are,

that the Power of the Commission shall be restrained to the Articles

of Peace concluded in the Treaty, His Majesty cannot but wonder,

whence they can pretend any Obligation or Authority to meddle with, or

press him concerning any such Articles, as are not included, but still

left dependent, how important soever they suppose them to be, (even

to the Common Peace:) And it giving them only liberty to convene to

that effect among themselves, or with the Commissioners chosen by His

Majesty with consent of the Parliament of England, and restraining

them in all their Proceedings to the Power granted to them, in manner

aforesaid and no otherwise, as clearly intending to restrain all Power

that might be pretended to by any Inferences, Analogies or Consequences

(how manifest soever they might appear) and requiring them to consist

of the number of Twelve, and not giving them Power to delegate a

smaller number; His Majesty cannot consent, That that number the Laws

allow not (that is, Three) should address themselves to those the Law

hath not appointed them (this is, Both Houses) not only concerning that

which the Law intrusted not to them, (as a Pacification here) but even

concerning that from which the Law expressly restrains them, that is,

one of the Articles of the Treaty no way concluded, or agreed on, but

expressly reserved by the Parliament to be considered in due time, that

is, in their own time, concerning Church-Government, the intermixture

of which with the Civil State, as His Majesty still conceives to be

very great, and of very high Concernment, and not to be understood by

the Commissioners, who have not the knowledge of the Laws and Policy

of this Kingdom; so His Majesty is confident, (notwithstanding the

Declaration, and Bill abolishing the Order of Bishops) that if they

well knew, how generally any thing of that kind was opposed whilst

the Houses continued full, and how the Major part of both Houses were

absent at the passing of that Declaration and Bill, (in so much that

His Majesty, is credibly informed, that there were not above five Lords

present when the Bill past) and what violent and tumultuous Assemblies

had occasioned so great and unusual Absence, they would be confident,

as he is, that in a full and peaceable Convention of Parliament, Both

Houses will appear to be of the same opinion with His Majesty in this

Particular, and to have in that the same thoughts of the Law and Policy

of this Kingdom.

His Majesties care that the deluge of the Troubles of this Kingdom

affect not that with the danger of the like, is very visible to all

the World. His Majesty out of His great desire of continuing them in

Peace and Tranquillity, not desiring any assistance from them, even

for his own Preservation. And whoever doth desire any Commotion there,

to assist their Rebellious and Invasive Armes here, will (He hopes) be

lookt upon as the Troublers of Peace, and as Incendiaries labouring to

lay foundations of perpetual Hostility betwixt the Two Kingdoms. And

then (for ought His Majesty can see) there will be no cause to expect

any Commotions there, and such Dangers will rather prove imaginary

than real, though the Conservatours of the Treaty contain themselves

within their Legal and proper Bounds. His Majesty wonders, that since

His approbation of their Mediation was desired when His Safe-conduct

was asked, and the first was not given, when the latter was, that it

should not have been easily seen by these Proceedings of His Majesties,

that as He never granted the first, (as seeing no Authority they had

for such a Mediation) so He only at last granted the other, as being

contented to hear what they could say to Him upon that Point, either as

private persons, or to give Him better satisfaction than He could give

Himself, what Right they could pretend to any Publick Capacity of that

kind: but having heard all they have offered, and not finding any thing

that warrants them in this, in any special manner above His Majesties

other Subjects, His Majesty cannot with reason admit of any Private

Persons whatsoever into such a Publick Capacity, nor with His own

Dignity, and that of this Nation, can allow His Subjects of another

Kingdom, not authorized by any Law, to make themselves (under the title

of a Mediation) Umpires and Arbitrators of the Differences here.

For the Calling of a Parliament in Scotland, His Majesty desires

to know what Promise of His it is, which they mention Him to have

particularly expressed to His late Parliament. The Law which His

Majesty then Graciously past concerning that Point, His Majesty well

remembers, (and will justly, punctually, and religiously observe it,

together with all the rest consented to by Him,) that the Parliament

there shall convene upon the first Tuesday of June, 1644. And,

according to the same Act, will appoint one betwixt this and that Day,

if His Majesty shall think fitting; who as He is by that very Law

expressed to be sole Judge of that Convenience, so the Commissioners

are neither by that, nor any other Law, entrusted, or enabled to Judge

thereof.

At Oxford, 19ᵗʰ of April,

1643.

* * * * *

1643.—April 21.

14. _Letter from Hamilton to the Queen._[317]

MAY IT PLEASE YOUR MAJESTY,

There is as yet small or no Alteration in the Condition of Affairs in

the Country, since I presumed to trouble Your Majesty last; nor do I

believe there will be any till the fourth of May, at which time it

is probable, the final Resolution of the Council and Commissioners

for Conserving the Articles of the Treaty will be taken. It is still

conceived, that His Majesties absent Servants would be of great use

at that time; and the uncertain knowledge, if they will come or not,

keeps us that are here, from a positive Resolution what course to take

therein; therefore I humbly beseech Your Majesty, let us know if by

appearance we may expect them or not.

There is a general noise, as if the Lord Chancellour and the rest

of the Commissioners, were not only kept as Prisoners, but in some

further Danger. By Mungo Murray Your Majesty was advertised, that

it was conceived fit, that seeing those that sent them had so

positively recalled them against the fourth of May, they should be

dispatched against that Time. In our opinions there was no Danger now

to be apprehended by their Home-coming, but there would arise great

Inconveniences if they should be detained: of that same Judgment we

continue to be still.

We do likewise humbly intreat, that we may know if what was proposed to

Your Majesty by my Lord of Traquair, Mr Murray, and my self, be come

to his Majesties knowledge: and if we may expect the signification of

his Pleasure, against the fourth of May, in these Particulars, which we

exceedingly wish.

By the Lord Montgomery Your Majesty will know, how far the General

hath promised his best Endeavours, that His Majesty shall receive no

prejudice from the Army under his Command in Ireland; the same he hath

confirmed to me with deep Protestations, and truely I take him to be a

man of that Honour that he will perform it.

But the Truth is, it will be a Work of great difficulty to keep these

Men there any time, seeing there is little appearance that Money

will be got from the Parliament of England, and how to raise any

considerable Sum here, as yet we see not; so even in this we desire to

know Your Majesties Pleasure and Directions, what Course will be fitest

to be taken; and if Your Majesty shall find it expedient, that we

engage our Fortunes for their Supply, many of us will do it to the last

Peny, and none more readily than,

May it please Your Majesty,

the humblest, most faithful, and most

obedient, of all Your Majesties Servants,

HAMILTON.

Peebles, 21st April,

1643.

* * * * *

1643.—April 21.

15. _Instructions by the King to the Marquis of Hamilton and

others._[318]

CHARLES R.

Instructions to Our Right Trusty and Well-beloved Cousins and

Councellours, James Marquis of Hamilton, William Earl of Morton,

William Earl of Glencairn, Robert Earl of Roxburgh, George Earl of

Kinnoule, David Earl of Southesk, William Earl of Lanerick.

I. That you endeavour by all fair and lawful Means to prevent Division

among Our Subjects in Scotland.

II. That you give all the Assurances in Our Name which can be desired,

of Our Resolution to preserve inviolably the Government of that

Kingdom, as it is now established by Assemblies and Parliaments.

III. That you take what Courses you shall think most fit, for causing

Print and Publish, either in Scotland or at York, Our Declarations

which We now send with you to that Our Kingdome, and all such other

Papers as We shall hereafter send thither, or which you shall conceive

may conduce to the good of Our Service; and for that purpose, make use

of such Blanks as We have thought fit to entrust you with.

IV. That seeing We perceived by Pickering’s Letters, Our Two Houses

of Parliament intend to send Commissioners or Agents to Scotland, you

shall endeavour by all fair Means, to hinder any of Our Judicatories to

Treat with them, and for that purpose make use of any of the aforesaid

Blanks.

V. That seeing We conceive it would exceedingly conduce to the good of

Our Service, that the Lords of Session would explain the Commission

granted by Us and Our Parliament to the Conservatours of the Treaty,

you shall for that purpose likewise make use of the foresaid Blanks,

either to them all in general, or to such of them in particular as you

shall think most fit.

VI. That you endeavour to hinder the liberty which (possibly) Ministers

may take to themselves in the Pulpits, of Censuring Our Actions, or

stirring up the People against Us, and to that purpose make use of the

said Blanks to the Council or Commissioners of the Assembly, as you

shall think necessary.

VII. That in case you apprehend any danger to Our Service from the

Return of the Scotish Army in Ireland, you shall declare Our readiness,

to contribute any thing which is in Our Power for the Maintenance

thereof, even to the Engaging of Our Revenues in Scotland, for raising

Moneys to be so imployed; and to that end you shall make use of the

foresaid Blanks.

VIII. If you shall find it necessary, you shall likewise make use of

some of the Blanks to the Council, declaring expressly Our Pleasure,

That that Army shall not be recalled until We be acquainted therewith,

and to the Earl of Leven, discharging him to obey any Orders whatsoever

for that end, until he know Our further Pleasure.

IX. If you shall find it necessary, you shall make use of some Blanks

to Our Council, recalling all former Commissions which have been

granted, for Levying and Transporting of Men out of that Kingdom over

to France or Holland.

X. You shall make use of these Blanks to some of Our Council and

Exchequer, for discharging the Arrears, and disposing a plenary Right

of the Annuities to those particular persons that have Petitioned Us

thereabout, and to surcease all execution against all others until the

31ᵗʰ day of August next.

XI. You shall make use of these Blanks to such of Our Council and

others, as you shall find fit, for encouraging them to attend the

Meetings of Our Council, and to continue the Testimonies of their

Affection to Our Service, with assurance of Our Resentment thereof.

XII. We do hereby authorize Our Secretary the Earl of Lanerick, by

your advices to fill up these Blanks, and to Sign them with Our

Court-Signet; and for his and your so doing, this shall be your Warrant.

C.R.

From Oxford the 21ᵗʰ April,

1643.

* * * * *

1643.—April 21.

16. _His Majesties Declaration to all his loving Subjects in his

Kingdom of Scotland._[319]

CHARLES R.

As there hath been no mean left unattempted which the malice and wit

of Rebellion could devise, to infect and poyson the Affections and

Loyalty of Our good Subjects of Our Kingdom of England, and to withdraw

their Hearts from Us by the most pernicious and desperate Calumnies,

that could be invented to under-value and lessen Our Reputation with

Foreign Princes, by Injuries and Affronts upon their Publick Ministers,

and by presuming to send Agents qualified for Negotiation without Our

Consent, and in truth, to expose Us, and Our Royal Authority to Scorn

and Contempt, by assuming a Power over Us; so the pernicious Contrivers

of these bloody Distempers have not delighted in any Art more than in

that, by which they have hoped to stir up Our good Subjects of that

Our Native Kingdome of Scotland to joyn with them, and to infuse in

them a jealousie and disesteem of Our true Affection, and Our Gracious

Intentions towards that Nation. To this purpose they have used great

Industry to convey into that Our Kingdom, and to scatter and disperse

there divers Seditions Pamphlets, framed and contrived against Our

Person and Government, and have sent Agents of their own to reside

there; and to promote their Designs, one of whom, lately resident

there, one Pickering, by his Letters of the 9ᵗʰ of January to Mr Pym,

assures him of the Concurrence of that Kingdom, and that the Ministers

in their Pulpits, do in downright terms press the Taking up of Arms,

and in another of his Letters to Sir John Clotworthy, sayes, that

the Trumpet sounded to the Battel, and all cryed, Arm, Arm, with many

other bold, scandalous, and seditious Passages, very derogatory from

the Duty and Affection, which We are most confident Our good Subjects

of that Our Native Kingdom bear to Us. To this purpose they traduce Us

with raising and making War against Our Parliament, of having an Army

of Papists, and favouring that Religion; of endeavouring to take away

the Liberty and Property of Our Subjects: and upon these grounds they

have presumed by a Publick Declaration to invite Our good Subjects of

Our Kingdom of Scotland to joyn with them, and to take up Arms against

Us their Natural Liege Lord. Lastly, to this purpose they endeavour,

as well in Publick as by secret Insinuations, to beget an apprehension

in them, that if We prevail so far here, as by the blessing of God to

preserve Our self from the Ruine they have designed to Us, the same

will have a dangerous influence upon that Our Kingdom of Scotland, and

the Peace established there; and that Our good Laws lately established

by Us for the Happiness and Welfare of that Our Native Kingdom will

be no longer observed, and maintained by Us, than the same Necessity,

which they say extorted them from Us, hangs upon Us, but that We

will turn all our Forces against them: a Calumny so groundlessly and

impiously raised, that if We were in any degree conscious to Our Self

of such wicked Intentions, We should not only not expect a dutiful

Sense, in that Our Native Kingdom, of Our Sufferings; but should think

Our Selves unworthy of so great Blessings, and eminent Protection as We

have received from the hands of the Almighty, to whom We know We must

yield a dear Accompt for any Breach of Trust, or failing of Our Duty

toward Our People.

But as We have taken special Care, from time to time to inform Our

good Subjects of that Our Native Kingdom of the Occurrences here,

particularly by Our Declaration of the 12th of August, wherein is a

clear, plain Narration of the beginning and progress of Our Sufferings

to that time; so the bold and unwarranted Proceedings of these

Desperate Incendiaries, have been so publick to the World, that Our

good Subjects of Scotland could not but take notice of them, and have

observed, that after We had freely and voluntarily consented to so many

Acts of Parliament, as not only repaired all former Grievances, but

also added whatsoever was proposed to Us, for the future benefit and

security of Our Subjects; insomuch as in truth there wanted nothing

to make the Nation compleatly Happy, but a just sense of their own

excellent Condition, a few discontented, ambitious, and factious

Persons so far prevailed over the Weakness of others, that instead of

receiving that return of Thanks and Acknowledgment, which We expected

and deserved, Our People were poysoned with Seditious and Scandalous

Fears and Jealousies concerning Us; We were encountered with more

unreasonable and importunate Demands, and at last were driven through

Force and Tumults to flee from Our City of London, for the Safety of

Our Life. After which We were still pursued with unheard-of Insolences

and Indignities, and such Members of either House as refused to joyn

in these unjustifiable Resolutions, were driven from these Councils,

contrary to the Freedom and Liberty of Parliament, insomuch that above

four parts of five of that Assembly was likewise forced, and are still

kept from thence; Our Forts, Towns, Ships, and Arms, were taken from

Us, Our Money, Rents, and Revenues, seized and detained; and that then

a powerful and formidable Army was raised and conducted against Us, (a

good part of which was raised and mustered, before We had given Our

Commissions for Raising One Man) that all this time We never deny’d

any one thing, but what by the known Law was unquestionably Our Own;

That We earnestly desired and pressed a Treaty, so that We might but

know at what price We might prevent the Miseries and Desolation that

were threatened; That this was absolutely and scornfully refused and

rejected, and We compelled with the assistance of such of Our good

Subjects as came to Our Succour, to make use of Our Defensive Arms

for the Safety of Our Life, and Preservation of Our Posterity. What

passed since that, Battel hath been given Us, Our Own Person and Our

Children endeavoured to be destroyed, those unheard-of Pressures have

been exercised upon Our poor Subjects by Rapine, Plundering, and

Imprisonment, and that Confusion which is since brought upon the whole

excellent Frame of the Government of this Kingdome, is the Discourse

of Christendom. We are very far from making a War with or against Our

Parliament, of which We Our Selves are an essential part: Our principal

Quarrel is for the Priviledges of Parliament, as well those of the

Two Houses as Our Own; if a few Persons had not, by Arts and Force,

first awed, and then driven away the rest, these Differences had never

arisen, much less had they never come to so bloudy a Decision. We have

often accused those Persons against whom Our Quarrel is, and desired to

bring them to no other Trial than that of the Law of the Land, by which

they ought to be tried. As We have been compelled to take up these

Defensive Arms for the Safety of Our Life, assaulted by Rebellious

Arms, the Defence of the true Reformed Protestant Religion, scornfully

invaded by Brownists, Anabaptists, and other Independent Sectaries,

(who in truth are the principal Authors, and sole Fomenters of this

unnatural Civil War) for the Maintenance of the Liberty and Property

of the Subjects, maliciously violated by a vast unlimited Arbitrary

Power, and for the Preservation of the Right, Dignity, and Privileges

of Parliament, almost destroyed by Tumults and Faction: so what hath

by Violence been taken from Us, being restored, and the Freedom of

Meeting in Parliament being secured, We have lately offered (though We

have not been thought worthy of an Answer) to Disband Our Army, and

leave all Differences to the Tryal of a full and peaceable Convention

in Parliament, and We cannot from Our Soul desire any Blessing from

Heaven more, than We do a peaceable and happy End of these unnatural

Distractions.

For the malicious groundless aspersion of having an Army of Papists;

though in the Condition and Strait to which We are brought, no man had

reason to wonder if We received assistance from any of Our Subjects of

what Religion soever, who by the Laws of the Land are bound to perform

all offices of Duty and Allegeance to Us; yet it is well known, that We

took all possible Care, by Our Proclamations, to inhibit any of that

Religion to repair to Us, which was precisely and strictly observed

(notwithstanding even all that time We were traduced as being attended

by none but Papists, when in a Month together there hath not been one

Papist near Our Court) though great numbers of that Religion have been

with great alacrity entertained by that Rebellious Army against Us, and

others have been seduced, to whom we had formerly denied Imployment, as

appears by the examination of many Prisoners, of whom We have taken

Twenty and Thirty at a time, of one Troop or Company, of that Religion.

What Our Opinion is of that Religion, Our frequent Solemn Protestations

before Almighty God, who knows Our Heart, do manifest to the World;

And what Our Practice is in Religion, is not unknown to Our good

Subjects of that Our Native Kingdom. And as We have omitted no way, Our

Conscience and Understanding could suggest, to be for the promoting

and advancing the Protestant Religion; so We have professed Our

readiness in a full and peaceable Convention of Parliament, to consent

to whatsoever shall be proposed by Bill, for the better Discovery and

speedier Conviction of Recusants, for the Education of the Children of

Papists by Protestants in the Protestant Religion, for the prevention

of the Practices of Papists against the State, and the due Execution

of the Laws, and true Levying of Penalties against them; so We shall

further embrace any just Christian Means to Suppress Popery in all Our

Dominions, of which Inclination and Resolution of Ours, that Our Native

Kingdom hath received good evidence.

For the other malicious and wicked Insinuations, that Our Success here

upon the Rebellious Armies raised to destroy Us, will have an influence

upon Our Kingdom of Scotland, and that We will endeavour to get loose

from those wholsom Laws which have been enacted by Us there, We can

say no more, but Our good Subjects of that Kingdom well remember,

with what Deliberation, Our Self being present at all the Debates,

We consented to these Acts: and We do assure Our Subjects there, and

call God Almighty to witness of the uprightness and resolution of Our

Heart in that point, that We shall always use Our utmost Endeavours,

to defend and maintain the Rights and Liberties of that Our Native

Kingdom, according to the Laws established there, and shall no longer

look for Obedience, than We shall govern by the Laws. And We hope that

Our zeal and carriage, only in Defence of the Laws and Government of

this Kingdom, and the subjecting Our Self to so great hazard and danger

will be no argument, that when the Work is done, We would pass through

the same Difficulties to alter, and invade the Constitutions of that

Our other Kingdom. We find disadvantages enough to struggle with in the

Defence of the most upright, innocent, just Cause of Taking up Arms;

and therefore, if We wanted the Conscience, we cannot the Discretion to

tempt God in an unjust Quarrel. The Laws of Our Kingdom shall be always

Sacred to Us; We shall refuse no hazard to defend them, but sure We

shall run none to invade them.

And therefore We do conjure all Our good Subjects of that Our Native

Kingdom, by the long happy and uninterrupted Government of Us, and Our

Royal Progenitors over them, by the Memory of those many large and

publick Blessings they enjoyed under Our dear Father, by those ample

Favours and Benefits they have received from Us, by their Own Solemn

National Covenant, and their Obligation of Friendship and Brotherhood

with the Kingdom of England, not to suffer themselves to be misled and

corrupted in their Affections and Duty to Us, by the cunning Malice

and Industry of those Incendiaries and their Adherents, but to resist

and look upon them, as Persons who would involve them in their Guilt,

and sacrifice the Honour, Fidelity and Allegiance, of that Our Native

Kingdom, to their private Ends and Ambition. And We require Our good

Subjects there, to consider that the Persons who have contrived,

fomented, and do still maintain these bloody Distractions, and this

unnatural Civil War, what pretence so ever they make of their Care

of the true Reformed Protestant Religion, are in truth Brownists and

Anabaptists and other Independent Sectaries; and though they seem to

desire an Uniformity of Church-Government with Our Kingdom of Scotland,

do no more intend, and are so far from allowing the Church-Government

by Law established there (or indeed any Church-Government whatsoever)

as they are from consenting to the Episcopal: and We cannot but expect

greater sense of Our Sufferings, since the obligations We have laid

on that Our Native Kingdom, are used as arguments against Us here,

and Our free consenting to some Acts of Grace and Favour there (which

were asked of Us by reason of Our necessary residence from thence)

have encouraged ill-affected Persons, to endeavour by Force to obtain

the same here where We usually reside. To conclude, We cannot think

that Our good Subjects there will so far hearken to the Treason and

Malice of Our Enemies, as to interrupt their own present Peace and

Happiness; and God so deal with Us and Our posterity, as We shall

inviolably observe the Laws and Statutes of that Our Native Kingdom,

and the Protestations We have so often made, for the Defence of the

true Reformed Protestant Religion, the Laws of the Land, and the Just

Priviledges and Freedom of Parliaments.

* * * * *

1643.—May 12.

17. _Letter from the Privy Council to the King._[320]

MOST DREAD SOVEREIGN,

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 104 / 186 段