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,