from Your Majesty and the Parliament here, against the Rebellion in
Ireland; the want of Means for their necessary Supply, through the not
payment of the Arrears and Maintenance due to them by the Parliament
of England; the delay of the Payment of the Brotherly Assistance, so
necessary for the relief of the Common Burdens of this Kingdom, by
reason of the unhappy Distractions in England, and the sense of the
danger of Religion, of Your Majesties Royal Person, and of the Common
Peace of Your Kingdoms, have moved Your Majesties Privy Council, the
Commissioners for conserving the Peace and Common Burdens, to joyn
together in a Common Meeting, for acquitting our selves in the Trust
committed to us by Your Majesty and the Estates of Parliament; and
having found after long Debate, and mature Deliberation, that the
Matters before-mentioned are of so Publick Concernment, of so deep
Importance, and so great Weight, that they cannot be determined by us,
in such a way, and with such hope of Success, as may give satisfaction
to Your Majesty, serve for the good of this Your Majesties Kingdom,
and as may make us answerable to the Trust committed to us by Your
Majesties Parliament; We have been constrained to crave the advice and
resolution of a Convention of the Estates to meet June 22ᵗʰ, which,
as according to the obligation and duty of our Places we are bound
to shew Your Majesty, so do we humbly intreat, that against the Time
agreed upon by Common Consent, Your Majesty may be Graciously pleased
to acquaint us with Your Pleasure and Commandments, that Matters may be
so determined, as may most serve for the Honour of God, Your Majesties
Service, and Well of Your Kingdomes; which now is, and ever shall be,
the earnest desire and constant endeavour of
Your Majesties faithful and humble
Subjects and Servants,
Lowdon, _Cancellarius_,
Leven,
Argyle,
Cassilis,
Dalhousy,
Lauderdale,
Balmerino,
Yester,
Burghley,
Balcarres,
Gibson-Dury,
T. Myrton,
Tho. Hope,
A. Johnstoun,
T. Hepburne,
J. Hamilton,
J. Home,
T. Wauchop,
T. Raffrerland,
T. Bruce,
J. Smith,
Edward Edgar,
J. Binny,
W. Glendoning,
Hugh Kennedy,
G. Gourdon.
Edinburgh, 12th May,
1643.
* * * * *
1643.—May 18.
18. _Lanerick’s Account of Affairs to His Majesty._[321]
MAY IT PLEASE YOUR MAJESTY,
I shall here Humbly presume to let Your Majesty know, that before
any of Your Scotish Servants, who lately parted with Your Majesty
at Oxford, could possibly come hither, the Chancellour had made his
Report to the Council and Conservatours of the Treaty, and Mr Henderson
to the Commissioners of the General Assembly, of their Employments
to Your Majesty, where Your Answers to their Desires were found not
satisfactory, and thereafter Your Majesties Council, Commissioners
for the Treaty and Common Burdens, having joyned together for giving
of Security, for such Moneys as should be levyed, for the Maintenance
of Your Majesties Scotish Army in Ireland, they thought fit (without
admitting of any delay until Your Majesties Pleasure were known)
to call a Convention of the Estates, as their several Acts and
Proclamations to that effect (here inclosed) will more particularly
shew Your Majesty.
And for the present Your Majesties Servants, who came lately hither,
having only met with three or four of those whom Your Majesty appointed
them to consult with, have thought fit to advise with some others
of the same Affection and Forwardness to Your Majesties Service,
before they presume to give Your Majesty any advice upon the present
Occasions, being matters of so great Weight, and so highly concerning
Your Majesties Service: but they have taken the readiest and most
speedy Course they can think upon, for Meeting and Consulting with
them; and thereafter are immediately to return hither, from whence
they will with all diligence offer unto Your Majesty their humble
Opinion. In the mean time I have dispatched Your Majesties Letters to
such Noblemen and Burroughs, as your Majesty was pleased to direct me,
shewing Your Resolution of preserving here what you have been pleased
so Graciously to establish in Church and State, not having been able
to deliver Your Majesties Letter to Your Council, who were dissolved
before my coming, and my Lord Chancellour is gone out of Town, without
whose Appointment there can be no extraordinary Meeting; so that I
believe Your Majesties Gracious Declaration to Your Scotish Subjects
cannot be published before that time; nor till then can I be able to
give Your Majesty any further account of Your Affairs here, though
in the mean time I shall study to serve Your Majesty faithfully,
according to the Duty of Your Majesties
Most humble and most faithful, and most
obedient Subject and Servant,
Edinburgh, 18ᵗʰ May, 1643. LANERICK.
* * * * *
1643.—May 22.
19. _Letter from the King to the Council anent the Convention._[322]
CHARLES R.
Right Trusty and Right well-beloved Cousins and Councellours, and
Right Trusty and well-beloved Councellours, We Greet you well.
We are much surprized at Your Letter of the 12ᵗʰ of this Moneth,
whereby it seems you have given order for the Calling of a Convention
of the Estates of that Our Kingdom without Our Privity or Authority:
which, as it is a business We see no reason for at present, and that
hath never been done before but in the Minority of the Kings of
Scotland, without their Consent; so We cannot by any means approve of
it, and therefore We command you to take order that there be no such
Meeting, till you give Us full satisfaction of the Reasons for it.
Given at Our Court at Oxford, 22ᵗʰ May, 1643.
* * * * *
1643.—May 22.
20. _Letter from the King to Lanerick._[323]
CHARLES R.
Right Trusty, and Right well-beloved Cousin and Councellour, We Greet
you well.
We have herewith sent you Copies not only of the Letters We lately
received from Scotland, but also of Our several Letters to Our
Chancellour and Council there, the Originals whereof We leave to your
Discretion, to deliver and make use of as you shall find best for Our
Advantage: but for the Business it self, We have heretofore so fully
declared to you Our Own Opinion therein, as We need say no more of that
Subject to you.
We observe in the Letter to Us, that there are but eleven Councellours
Names to it, and that none of those that are best-affected have
subscribed it; and We find that as great, or a greater number of
Councellours, Persons of great Quality, Place, and Trust, have not
subscribed to it.
Given at Our Court, at Oxford,
22ᵗʰ of May, 1643.
* * * * *
1643.—May 29.
21. _Letter from the King to Lanerick._[324]
CHARLES R.
Right Trusty, and Right well-beloved Cousin and Councellour, We Greet
you well.
The Earl of Lindsay coming hither from London, hath assured us, that
the Cause of the Two Houses sending into Scotland, to have the Lords
that went hence sequestred, was, the Intercepting of their Letter sent
to Our Dearest Consort, the Queen, and nothing else.
We perceive by the Copy of the Resolutions you sent Us, with what
Prudence, and Loyal Courage, your Brother Hamilton and the Lord
Advocate opposed at Council there, the Order for Calling a Convention
of the Estates for which We would hare you to give them Our particular
Thanks. You and others of Our Council there, know well, how injurious
the Calling of a Convention of Estates, without Our Consent, is to our
Honour and Dignity Royal; and as it imports Us, so We desire all Our
well-affected Servants to hinder it what they may; but shall leave it
to them, to take therein such Course, as they shall there upon advice
conceive best, without prescribing any way, or giving any particular
Directions. If notwithstanding Our Refusal, and the endeavours of
our well-affected Subjects and Servants to hinder it, there shall
be a Convention of the Estates, then We wish that all those who are
right-affected to Us, should be present at it; but to do nothing there,
but only Protest against their Meeting and Actions. We have so fully
instructed this Bearer, that for all other Matters We shall refer you
to his Relation, whereto We would have you to give credit.
Given at our Court at Oxford, the
29ᵗʰ of May, 1643.
* * * * *
1643.—June 5.
22. _Message to the King from his Friends in Scotland._[325]
A Convention was indicted by the Chancellour, and such others of the
Council as have signed His Majesties Letter thereabout, with the
Advice and Concurrence of the Committees for conserving the Treaty and
Common Burdens to be kept at Edinburgh the 22ᵗʰ of June: whereby it is
conceived His Majesty suffers exceedingly in His Regal Authority, in
the Calling thereof without his Special Warrant. A Proclamation for
the Indicting thereof is likewise issued forth in His Majesties Name,
expressing a danger to Religion, His Majesties Person, and the Peace of
this Kingdom, from Papists in Arms in England, which in that appears to
be contrary to His late Declaration sent to Scotland.
Hereupon divers Noblemen and Gentlemen well-affected to His Majesties
Service met at Edinburgh, and after three or four days Debate,
considering the exigency of Time, the present posture of Affairs, and
the disposition and inclination of the People of this Country, did
not conceive it fitting, that His Majesty should absolutely discharge
that Meeting, (which certainly would be kept notwithstanding of any
Discharge from Him, which would both bring His Authority in greater
Contempt, and lose more of the Affections of the People, whereby the
Power of His Majesties Servants would be lessened) but rather that
His Majesty should so far take notice of the Illegal Calling thereof,
and His Own Suffering thereby, that the same remaining upon Record
may be an evidence to posterity, that this act of theirs can infer
no such Precedent for the like in the future; but afterwards His
Majesty, or His Successors, may legally question the same. And that His
Majesties Servants here may be better enabled, and strengthened with
the assistance of others of His Majesties faithful Subjects, who truly
and really intend nothing but the Security of Religion as it is here
established, and are altogether averse from and against the Raising
of Arms, or Bringing over the Scotish Army in Ireland, whereby His
Majesties Affairs, or their own Peace may be disturbed—they conceive
it fit, that His Majesty should permit this Convention to Treat, and
conclude upon such Particulars, as may secure their Fears from any
danger of Religion at home, without interesting themselves in the
Government of the Church of England. And in respect that the Two Houses
of Parliament have not sent Supplies for Entertaining the Scotish Army
in Ireland, whereby they may have some colour or ground for recalling
them, it is conceived necessary, that this Convention should have
a Power from His Majesty, to advise and resolve upon all fair and
Legal wayes for Entertaining the said Army still in Ireland, and for
recovering payment of the Brotherly Assistance: providing always, that
in the doing thereof no Resolution be taken for Levying of Forces, or
doing any Act, whereby this Kingdom, or any part thereof, may be put
in a posture of War, or under any pretence to bring over the Scotish
Army in Ireland, or any part thereof, without special Warrant from His
Majesty; wherewith if such as shall meet at this Convention rest not
satisfied, His Majesties Servants here are resolved to Protest, and
adhere to these Grounds, and to oppose all other derogatory to His
Majesties Authority, or prejudicial to His Service.
* * * * *
1543.—June 10.
23. _The King’s Letter to the Convention of Estates._[326]
CHARLES R.
Right Trusty, and well-beloved Cousins and Councellours, &c.
We have received a Letter dated the 22ᵗʰ of May, and signed by some
of Our Council, some of the Commissioners for Conserving the Articles
of the late Treaty, and of the Commissioners for the Common Burdens:
and though it seem strange unto Us, that those Committees should Sign
in an equal Power with Our Council, especially about that which is so
absolutely without the limits of their Commissions; yet We were more
surprized with the Conclusions taken at their Meetings, of Calling
a Convention of the Estates without Our special Warrant, wherein
Our Royal Power and Authority is so highly concerned, as that We
cannot pass by the same, without expressing how sensible We are of so
Unwarrantable a way of Proceeding; and if We did not prefer to Our Own
unquestionable Right the Preservation of the present happy Peace within
that Our Kingdom, no other Consideration could move Us to pass by the
just Resentment of Our Own Interest therein. But when we consider to
what Miseries and Extremities Our Scotish Army in Ireland is reduced,
by reason that the Conditions agreed unto by Our Houses of Parliament
for their Maintenance, are not performed; and likewise the great and
heavy Burdens, which We are informed Our Native Kingdom lies under, by
the not timely payment of the Remainder of the Brotherly Assistance due
from England, contrary to the Articles of the late Treaty; and withall
remembring the Industry, which We know hath been used upon groundless
Pretences, to possess Our Scotish Subjects with an Opinion, that if God
should so bless Us here in England, as to protect Us from the Malice of
Our Enemies, Religion, and the now-established Government of Our Native
Kingdom, would be in danger: We (laying aside all Consideration of
Our Own particular) resolve on Our part, to endeavour by all possible
means to prevent all colour or ground of Division betwixt Us and
Our good Subjects of Scotland; and therefore do permit you to Meet,
Consult, and Conclude upon the best and readiest ways of Supplying
the present wants of Our Scotish Army in Ireland, and providing for
their future Entertainment there, until some solid Course be taken
for recovering of the Arrears due to them, and for their constant
Pay in time coming, according to the Conditions agreed upon in the
Treaty; as also to advise upon the best way of Relieving the Publick
Burdens of that Our Kingdom of Scotland, by pressing, by all fair
and lawful means, a speedy Payment of the Remainder of the Brotherly
Assistance due from England; as likewise to prevent the Practices of
such as study to entertain in this Our Kingdom groundless Jealousies
and Fears of Innovation of Religion or Government, the Preservation
whereof (according to Our many Solemn Protestations) shall ever be most
Sacred to Us; providing always, that in doing these things, nothing be
done which may tend to the Raising of Arms, or Recalling Our Scotish
Army, or any part thereof, from Ireland, but by Order from Us, and
Our Two Houses of Parliament, according to the Treaty agreed upon to
that effect: and We do require you, to limit your Consultations and
Conclusions to the foresaid Particulars. And as by this, and many other
Our former Acts of Grace, and Favour to that Our Native Kingdom, it
clearly appears how desirous We are of preserving their Affections,
and preventing all occasions of Mistakes betwixt Us and them; so We do
expect, that your Proceedings at this time will be such, as may shew
your tender Care of Us and Our Greatness, which by so many Oaths and
Obligations you are tied to preserve.
Given at Our Court at Oxford,
the 10ᵗʰ of June, 1643.
* * * * *
24. _List of Documents bearing reference to the Church, from the 8th
November 1641 to the 2d November 1643._
The importance and consequences of the proceedings in the Convention of
Estates and General Assembly, which were held in Scotland in the summer
and autumn of the year 1643, render it proper to supply a considerable
number of collateral documents connected with the movements of these
bodies; and, amongst other sources of information, the Register of
Privy Council has been consulted for this purpose. There are some
Minutes, &c., in that record, which it is unnecessary to transcribe
fully. In order, however, to present a connected view of recorded
occurrences from the most authentic source, it seems expedient to
prefix, in chronological order, the titles and dates of the several
minutes of meetings at which important deliberations took place; and,
for this purpose, there is subjoined a note of these, from the time
that the Privy Council was new modelled, in 1641, till the close of the
year 1643. This will serve as a key to the reader in the perusal of the
other documents referable to the period, which are subjoined, and thus
preserve a distinct impression of the series of events connected with
the Acts of the Church.
1641.
_November 8._ Admission of Councillors named by the King, with consent
of the Estates.—Archibald Primrose’s admission as Clerk of Council.
1642.
_April 9._ The Parliament of England’s Declaration to the Council of
Scotland.—His Majestie’s Instructions anent the Declaration foresaid.
_April 22._ Declaration to the King and Parliament of England.
_May 20._ His Majestie’s Declaration for maintenance of true
religion.—Declaration of the Parliament of England to the Council.
_Ultimo Maii._ Petition of Noblemen anent troubles, &c.
_June 1._ The Council’s Answer to the Petition.
_June 2._ The Council’s Answer to the King’s Majesty.—Act ordaining the
husband to be answerable for his wyff being a Papist, and several Acts
against Papists.
_July 12._ The Earl of Leven admitted General.
_August 18._ The Council’s desire to the Parliament for unity of
religion in the three kingdoms.—Commission for Kirk Discipline.
_September 21._ Answer of the Parliament anent unity of Religion, (vide
Acts.)—His Majesty’s Letter anent the stay of the Commissioners in
London, and Answer of Council thereto.
_September 29._ The Council’s Reply to the Parliament of England.
_November 3._ His Majesty’s Letter anent joining with the Parliament in
Kirk Government.
_November 25._ Parliament of England’s Declaration of the 20th October.
_December 20._ Parliament of England’s Declaration of 7th November.—His
Majesty’s Letter concerning the said Declaration.—Not fitting to print
the Parliament’s Declaration.
1643.
_January 10._ Anent printing of papers—“it was resolved, that the
printing is no approbation.”
_January 13._ Petition from the Commissioners of the Kirk.
_January 17._ Recommendation to the Commissioners of the Kirk anent
concurring with the Commissioners of the Peace to the King’s Majesty to
remove Episcopacy.
_January 19._ Petition from the Kirk.
_February 16._ Anent the Petition against the annuities of Tithes.
_March 29._ Horning against Excommunicants.
_May 12._ Indiction of a Convention upon the 22d of June.—Marquis
of Hamilton’s Declaration, that no meeting of the Estates be called
without his Majesty’s Special Warrant had to that effect.—The Lord
Advocate’s Declaration adhering thereto.—Letter to his Majesty
concerning the Convention.
_June 1._ His Majesty’s Missive and Declaration, 21st April.—Lord
Chancellor’s Declaration.
_ June 20._ Production of the Treaty anent Ireland.
_October 18._ Act for subscribing the Mutual League.
_November 2._ Covenant subscribed (Solemn League and Covenant) by
Councillors. THE
GENERAL ASSEMBLY,
AT EDINBURGH, 1644.
The Acts of the General Assembly of 1643 having now been presented
to the consideration of the reader, not only in the most approved
record of them by that Assembly itself, but illustrated by the hand of
Baillie, we now proceed to notice the political and military events
with which they were connected, and which, indeed, derived their chief
characteristics from the spirit that animated the Church Assemblies of
the period.
The most important document that emanated from the Assembly of 1643 was
the Solemn League and Covenant, which became thenceforward the grand
pivot on which all the affairs in Church and State of both kingdoms
turned. Immediately after being sanctioned by the Assembly, it was
carried to London for the concurrence of the English Parliament and
Westminster Convention of Divines, which had been convoked without
the Royal sanction. It was presented to both Houses of the English
Parliament on the 28th of August, and to the Assembly of Divines; and,
after some discussion, it was approved by the Westminster Assembly,
and by the House of Commons, the members of which were ordained to
subscribe it, and all the people required to sign it, under the penalty
of being deemed “malignants.” It was subsequently, on 25th September,
1643, signed and sworn to by both Houses of Parliament, the Westminster
Divines, the Scotch Commissioners, and a multitude of others, with
circumstances of great ceremony and religious manifestations, in
St Margaret’s Chapel, Westminster, and with this sanction returned
to Scotland, where it was hailed as a symbol of national triumph.
The 13th of October was appointed for its final adoption; and the
Commission of the Church, the Committee of the Estates, and the English
Commissioners assembled in one of the churches of Edinburgh, and, with
the usual devotional solemnities, and many indications of gladness, it
was signed and sworn to by these parties. On the 22d of October, the
Committee of Estates issued an edict, requiring all the subjects of
Scotland to subscribe, and threatening the recusants with punishment
as enemies of religion, of his Majesty’s honour, and of the peace
of the kingdoms. The Lords of the Scotch Council were imperatively
commanded to appear on the 2d of November, and take the new Covenant;
and Hamilton, Lanerick, and others, having failed to give obedience to
these mandates, they were proclaimed enemies to God, to the King, and
to the country; their estates were confiscated, and soldiers sent to
seize their persons, and put to death all who might oppose them in the
performance of this task. The proscribed parties, in some instances
fled, but many were constrained to comply with these ordinances.
In pursuance of this League, the Scotch proceeded to aid by the sword
in the extirpation of Popery and Prelacy in England; and before the
end of November, 1643, the Scottish army was again in full force under
the command of old Leslie, now Earl of Leven, as General; Baillie,
Lieutenant-General of foot; and David Leslie as Lieutenant-General of
horse. On the 19th of January, 1644, this army, consisting of 18,000
foot, and 3,500 horse, raised their camp at Hairlaw, near Berwick, and
once more crossed the Tweed and entered England. It is unnecessary to
follow the course of military operations in England; but, on the 30th
of January, 1644, a manifesto, in name of both kingdoms thus united
in arms against their sovereign, was promulgated, declaring that their
armament was sent to the field in defence of the religion, liberties,
and laws of both kingdoms, against the Popish, Prelatical, and
malignant party.[327] And thus had the Presbyterian clergy of Scotland,
with the co-operation of a large portion of its aristocracy, and the
Puritans and Republicans of England, attained such an influence, by
means of their League and Covenant, that they may safely be affirmed
to have swayed the destinies of these kingdoms in the beginning of
the year 1644; and the Commissioners from the Kirk to the Assembly at
Westminster were enabled to transmit accounts, on the 20th of May,
to the General Assembly, which met at Edinburgh on the 30th of that
month, that could not fail to gratify their most sanguine wishes with
respect to the extirpation of Prelacy, and all its appurtenances in
England.[328] Baillie’s “Confidential Letters,” too, throw much light
upon the arcana of the arrangements in the Westminster Assembly—the
doctrinal standards of which are deserving of record, as still forming
a part and parcel of the constitution of the Church of Scotland at the
present day.
The Scottish Estates met in a few days after the Assembly convened,
viz. on the 4th of June; and an abstract of the civil statutes
applicable to our subject and the period, will be found among our
illustrative documents.
THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY, CONVEENED AT EDINBURGH, MAY 29, 1644.
Die Jovis penult. Maii.—Sess. II.
_The Letter from the Presbyterie with the Army in England to the
Generall Assembly._
RIGHT REVEREND,