February-June
His majesties answer to the protestatioun gevin in to him by the lord chancellor of 23 February, delivered 1 March 1643. Orig.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Wee have considered of your proposition, and the commission by which you are authorized to come hether from the commissioners for conserving of the peace betweene
both kingdomes; we have lykewise duely and carefully examined and weighed the act of
pacification betweene our two kingdomes, and upon which yow seme to ground yor commission, and to hold yourselves warranted and obliged to contribute your outmost endeavours for unity of religion and uniformity of church government within all our dominions,
and for removall of the differences between us and our two houses of parliament.
There is nothing concluded in that treaty by that act, which we shall not with all
solemnity and constancy allwayes observe; and hope it will be the care of all our loving subjects of both nations precisely to do so too, that the peace may be perpetually kept betweene them. Neither is there any meanes wee would not use to remove these unhappy
differences betweene our two houses of parliament and us, as we have done to prevent them;
but wee doe not yet understand, that yow, or the commissioners for conserving the peace
betweene both kingdomes, are warranted and obliged by that act to interpose in these assayres and differences in our kingdome of England; and therefor wee cannot, in a businesse which so much concernes the honour and interest of the nation, admit yow under that
capacity or consent, that yow goe soe qualifyed to our two houses of parliament for such a
mediation, untill yow shall make it appeare to us upon what branch of that act this warrant and obligation of yors, and of them that sent yow, is founded.
Reply to the kings answer of the 1st March, given in the 3d March 1643.
From the public records of Scotland in the laigh parliament house at Edinburgh.
As your majesties christian and royall inclination to peace many tymes before, and now
againe manyfested in your majesties constant prosession to use all meanes for removeing
the unhappie differences betwixt your majestie, and your two houses of parliament, did,
before our comeing hither, make us hopefull of good successe in our imployment; so did
we conceive, from your majesties safe conduct granted unto us, that at our comeing, our
commission for that end wold have beene unquestionable, and our humble endeavors and
mediation acceptable to your majestie.
The grounds upon which it may appeare, that the commissioners for conserveing the
peace did find themselves warranted and obliged to interpose in these affaires and differences,
ar at length exprest in their letter to your majestie, and in their declaration to the houses of
parliament; wherupon the safe conducts wer granted, which wer no other bot the dewtie
they ow to God almighty, by their nationall oath to your majestie, their soveran lord, by
their alledgeance and greatest native interest in the safety of your royall person and greatnes; to the kingdome of England by their publict faith and fraternitie; and to their owne
native countrey, your majesties kingdome of Scotland, by nature, and by the trust reposed
in them by your majestie and your parliament, unto which they could not be anfrable, if
they should not use their best endeavors for removeing these differences betwixt your majestie and your houses of parliament, as reflexing upon that kingdome, and evidently tending to
the disturbance of the comon peace of the two kingdomes; knoweing assuredly, that if the
parliament had beene sitting, they would have taken this as a matter of greatest necessitie
and concernement, before all other things, to their most serious consideration.
A speciall obligation and warrand of this desyre and dewtie of mediation doeth also aryse
from the ansswer, which your majestie and your houses of parliament did give unto the eight
demand in the treaty of pacification, concerning unitie of religion, which was not onely
propond as a principall meane for conserveing of peace betwixt the two kingdomes, and
hath beene a ground to the commissioners for conserveing of the peace, to insist in the same
desyres to your majestie, as a principall meane of peace, bot also of diverse petitions to your
majestie, from the generall affemblie, and the commissioners thereof, and of your majesties
ansswers to them; of declarations from them to the two houses of parliament, and from the
two houses of parliament to them; and of diverse letters to your majestie, and declarations
to the houses of parliament from the lords of privie counsell for unitie of religion, and uniformitie of kirke governments, as promiseing peace, prosperitie, and all sorts of blessings to
both kingdomes.
Upon these and the lyke grounds did the commissioners for conserveing the peace, seconded with the approbation of the lords of the counsell, and with the joynt desires of the
commissioners of the generall assemblie, find themselves warranted and obliged to use all
good meanes, and to contribute their utmost endeavors for that unitie of religion, and uniformitie of kirke governement, in all your majesties dominions, and for removeing the differences betwixt your majestie and your houses of parliament; and for these so much wisched
for ends, have sent us of their owne number, your majesties most humble and faithful subjects, who would esteeme it our greatest happynes on earth to have the honor to be instruments in so good a work; and now doe againe, in all humilitie and faithfulnes, according
to our commssion, offer our service and best endeavors to your majestie, and desyre to be
permitted by your majestie to go to the houses of parliament, that we may, without longer
delay, acquitt ourselves in the trust committed unto ws.
His majesties answer to the reply of the 3 March delivered by the erle of Lanerik 24 March 1643. Orig.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Wee have made noe profession or used noe expressions of our intentione to peace, which
our actions have not, and shall alwayes make good. God and the world will beare us
witnesse, wee have omitted noe possible meanes our understanding could suggest to us to remove those unhappy differences: bot how our safe conduct, which is onlie a safe admission
of yow into this kingdome, should conferr a capacitie upon yow or qualifie yow in a condition that law hath not given yow, wee cannot understand. Our safe-guard shall by no
meanes be violated, though wee cannot admit the authoritie and obligation yow pretend to by
your commission.
As wee shall to our utmost power maintaine and defend the laws of that our native kingdome in that kingdome, so wee have beene and shall be most punctually carefull not to
doe or (to our power) to suffer any thing to be done in this, which may reflex upone that
our kingdome, or tend to the disturbance of the commone peace of our two kingdomes, and
so may have any ground of inviting any such mediation to us. But wee conceave thair
is more ground for those, who sent yow as conservators of the articles of treaty, to think
themselves sufficiently authorized to take notice of and resent the declaration of our two
houses of parliament inviting our subjects of that nation to assist against us, as being a desire directly contrary to the articles of the treatie, and which doeth really and evidently
tend to the common disturbance of the peace betweene the two kingdomes, and so within
the proper bounds of their commission and trust.
Wee have againe daliberatlie considered of the answer of the eight demand in the treaty
of pacification concerning unity of religion and uniformitie of church government, and cannot find in that answer the least obligation or warrand of this desire of yours in the poynt
of mediation, the answer of ws and our two houses of parliament here to that desire being
this, we did approve of the affection of our subjects of Scotland in their desire of haveing
a conformity of church government between the two nations. And as the parliament had already taken into consideration the reformation of church government, soe they weld proceed
therein in due tyme as should best conduce to the glorie of God and peace of the church and
of both kingdomes; bot that this reformation should bee by abolishing the order of bishopps out of this kingdome, or that the conservators of the articles of treaty should intermedle in the tyme or circumstances of such a reformation, which cannot be judged without
the knowledge of the laws and policie of this kingdome, is not soe much as implyed by any
words in that answer or in the whole act of pacification. And the act of parliament of our
kingdome of Scotland, which authorizes the commissioners for concerving of the articles of
the treaty (which is the style of the commissioners, from whom yow are sent, and who have
all their authority by vertue of that act) gives them power onhe betwixt the sitting of the
parliaments to conveene amongst themselves or with such as shal be chosen by us and
our parliament of England, and to endeavour by all lawfull meanes for preserving and
keeping the sayd articles of peace concluded in the sayd treaty allanerly and no otherwise, declairing that the power of this commission shall be restryned to the articles of peace concluded in the said treaty; soe that those commissioners have not
the least title or authority to interpose in matters of difference within the kingdome
of England bot onlie where the peace and articles concluded betweene the two kingdomes ar violated. And if neither of those acts of parliament give the least colour or authority to those commissioners (as apparentlie they doe not) to undertake a mediation in the
unhappy differences of this kingdome, yow will find noe other title to it by your nationall
oath, by nature, and by your publict fayth and fraternity, then any other of our good subjects
of that our native kingdome of Scotland or indeed of either of our other kingdomes may
challenge to themselves; and whither that can be a capacity of mediation betweene us and
both our houses of parliament (when under pretence of their commands armes are taken up
against us, and endeavours have been used to destroy us and our children) yourselves will
easielie judge; neither hath any consent beene given by us to it in our answers to any letters
from the commissioners of that our kingdom of Scotland (what desires and intimations have
beene in their letters to us or in their declarations to both houses of parliament is not materiall) which is acknowledged in their letter to our secretary of Scotland dated from Edinburgh the 16 of November 1642, in which they say, they cannot perceive a cleere approbation from us of their sending and mediation; neither can wee by any meanes admitt, that the commissioners of Scotland for concerving the articles of treaty, or the lords
of our councell of that kingdome, or the commissioners of the general assemblie there ar in
any degree warranted or obleidged to entermedle in the religion and church government
of this kingdome, which is so intermixed with the civil government, that the same cannot
be understood by them.
And for those reasons and those formerlie given by us, wee most insist upon our former
answer to your proposition.
Answer to his majesties paper of 24 of March given in the 1 Aprill 1643.
From the public records of Scotland in the laigh parliament house at Edinburgh.
If your majesties native kingdome of Scotland could in conscience of thair dewtie to
God, of loyaltie to your majestie, of provideing for thair awne safetie, and of charitie
to thair brethren of England, have sitten still as idle beholders of the present combustion
and calamities; it might have been accompted a presumption or officiousnes, to offer to
interpose and meddle in matters, wherein they wer not speciallie concerned. Bot that manifold and undeclinable necessitie did constraine the commissioners for conserveing the
peace betwixt the two kingdomes (who by reason of the trust reposed in thame by your
majestie and the late parliament, and of the universall expectation of that kingdome, wer
in dewtie most concerned to bestirre thamselfs in maters of that kind,) to offer in all humilitie and love thair best service and endeavores to your majestie and the two houses of
parliament, for a desireable and blissed pacification. For this purpose, and for no other
publict or private project or designe of thair awne, did they crave a safe conduct (the constitution of affairs and the condition of the tyme so requiring) for such of thair awne number, as they should desire to send to your majestie and the two houses of parliament;
which your majestie was graciouslie pleased to grant, without ather opposeing that, or intimating any other end of thair repairing into England; which they conceive your majestie would have done, if thair mediation (which imploreth no other authoritie, bot that
they are warranted and obliged to make offer of this thair humble dewtie and service)
would not have beene acceptable. Yett do they not pretend your majesties safe conduct to
be ane invitement of this mediation, bot onlie a warrant of admitting, and a ground of
accepting of thame, who, according to thair commission from your majestie and the parliament, had applyed thameselves to so pious and necessary a dewtie.
Wee do earnestlie beseeke God, by whom kings reigne, to blisse your majestie in your
royall and fatherlie care of the conserving of the peace of your dominions, bothe in thameselves and of eache of thame with another; but as no humane prudence or sollicitude is
able at sometymes to prevent the comotion of kingdomes, so it is impossible, wher kingdomes be so neerlie joyned betwixt thameselves, and so straitlie united under on head, to
extinguish the sympathie and sense of the troubles of thair head and fellow subjects, or so
to stop the deluge of the troubles of the on, that it affect not the other with the danger
of the lyke, to the disturbance of the comoun peace of both. The commissioners for conserving the peace, according to thair dewtie, for the performing whereof they are to an
swere to your majestie and the parliament of that kingdome, did consider of your majesties
severall letters and declarations to thame, expressing your confidence in your majesties subjects there; and did so far take notice of the invitation of the two houses of parliament
for assistance, that after long and mature deliberation, they resolved without any other determination or undertaking, to send up some of thair number to receive in presence particular and full information of the differences betwixt your majestie and thame; to offer, in
all humilitie to your majestie, and in all love to thame, thair earnest desires and best endavores to prevent the effusion of more blood by an happie accomodation; and if the differences wer greater then by thame could be removed, to make trew relation of the
state of matters and faithfull account of thair diligence to your majestie and parliament of
that kingdome, who in thair greater wisdome and authoritie wer to consider and resolve
what is fitt to be done, in the tyme of so great difficultie and dangers, for your majesties
honor, thair awne safetie, and the comon peace of both kingdomes. Which course and
method if they had not followed, they could not have beene answerable neither to God
nor to your majestie and the parliament, nor to the christian world, which might justlie
wonder and be astonished, that they, who latelie had the sense of trouble, should sitt still
in ease and securitie in the tyme of the danger of religion, your majesties persone, and
thair awne peace, and of the distresse of thair bretheren.
When your majestie, in your royall wisdome, shall in the 8th article of the treatie be
pleased to compare the demand of uniformitie of kirk government, as a principall meane
of a well grounded and durable peace, with the answere acknowledgeing this desire to be
a testimonie of the affection of your majesties subjects of Scotland, and promiseing that the
parliament wald in dew tyme proceed to the reformation of church government, as should
best conduce to the glorie of God, and peace of the church and of both kingdomes; and
withall shall be pleased to consider, that the two houses of parliament have since declared to
the generall assemblie of the kirk of Scotland, to the commissioners for conserving the peace,
and to the lords of secret counsall, that they wer about the reformation so much desired and
intended for so good ends; and at last both houses, who must have the knowlege of the
lawis and policie of this kingdom, have past thair bill for abolishing the order of bishops,
as a principall meane of the desired uniformitie in kirk governement: it will by this progresse evidentlie appear, that not onlie the commissioners of the generall assemblie have sufficient ground of thair late supplication, bot the commissioners for conserveing this article of
the treattie have reason, from the act of pacification, and the act of parliament, for thair
mediation about this point, so necessarie for a firm and satled peace, and at this tyme, when
both houses have past thair bill. Nor are we out of hope, bot your majestie from your
princelie inclination to peace, and your wonted justice and goodnes never to be repented of,
will in end, against all difficulties, give way to this desire, which may be a meane not onlie
of peace, bot of manie other blessings to your majestie and all your dominions, to all the
reformed kirks, and to the whole christian world, as is at length exprest in the demand,
which wes the occasion of that article of the treatie.
As the commissioners for conserving the articles of the treatie, and consequentlie for conserving the peace, in so far as it may be conserved by conserving of these articles, and by
preventing and removeing all occasions, which may tend to the disturbance thereof, have
power by the act betwixt the sitting of parliaments, to meete among thamselves, or with
such as shall be chosen by your majestie and the parliament of England, and to endeavore,
by all lawfull meanes, for preserving the articles of peace concluded in the treatie allanerlie;
so it is manifest and endeniable, that whill these commissioners are not named, they may
meit with your majestie, and the houses of parliament now sitting, who have the power originallie in yourselves. And as they are to conserve such articles of the treatie, as were perfectlie concluded at that tyme; so are they no less obliged to conserve everie other article of
the treatie, in so far as it wes concluded, and in all reasone and equitie to procure by all
good meanes, that the articles, which wer agreed upon in the general, and left dependent
and promised in the particulars to be determined in dew tyme, might be perfited and finallie
concluded; that all of thame at last might equallie become the object of the care of the
conservers of the peace, who could not answere for thair fidelitie, if by thair ceasing or
negligence they did suffer articles of this kinde, which wer more to be esteemed then some
of those, that were fullie concluded, (they being so important for the common peace) to
perish or expire.
If your majesties privie counsal, or others of publicke trust, upon the obligation of thair
nationall oath, thair alledgeance to your majestie, and thair publike faith, should offer thamselves to interpose in this exigence, when your majesties persone and dominions are in so
great denger by armies, we beleeve your majestie would take it as a pious, loyall, and charitable motion. May not then the commissioners for conserving of the peace, who beside
all the former bands tying thame after a speciall maner above all other your majesties subjects, are warranted by the article of the treatie, and encouraged by your majesties safe conduct craved upon thair part for that end; and granted by your majestie to thame, as sensible
of the distractions of this kingdome, for no other end be verie confident of your majesties gratious acceptance of thair mediation? The letter of the date at Edinburgh, November 16, 1642, did desire both a more cleere approbation from majestie, and a safe conduct; bot they conceiveing the obteaning of a safe conduct, which before had beene denyed, to be a reall approbation of thair desires, did not anie more insyst in seeking a formall, approbation, which upon wise considerations might by your majestie have beene past
in silence.
If upon these reasons, which gave satisfaction to the commissioners of peace, your majestie think it not fitt to accept the offer of this our service in this great bussines; and if your
majestie conceave the intermixture of the civill and church government of this kingdome
(which the houses of parliament, who know it, judge not to be necessarie) to be a matter,
that cannot be understood by the commissioners of peace, the lords of your majesties counsall, or the commissioners of the generall assemblie; wee humblie desire to know, whether
according to our former proposition your majestie will permitt us to go to the houses of parliament, for delivering the declaration of the commissioners for peace, as a speciall point of
the trust committed unto us. Wee do also humblie beseeche, (which is another point of
our trust) that your majestie will be pleased, according to your gratious promise exprest in
the late parliament, presentlie to indict a new parliament to as short a day, as upon warrant
from your majestie the subjects may be lawfullie warned thereinto, for such necessarie causes
as concerne the publike of that kingdome, and the common peace of the two kingdomes;
that your majestie haveing declared your royall pleasure concerning these our humble desires,
wee may without further dispute or delay returne to those that sent us, praying that some
more fitt and effectuall meanes may be formd, for settling your majestie and your kingdomes
in safetie and peace.
His majesties answer to the paper given to him the first of Aprill.
Delivered to the lord chancellor 19 Aprill 1643. Orig.
From the public records of Scotland in the laigh parliament house at Edinburgh.
It is acknowledged by his majestie, that if any one of the articles of the treaty had been
broken or violated, (as his majestie doth not so much as see pretended) or any debate or
difference had arisen thairupon (about which there is now no dispute) the commissioners had
then been not onlie warranted, but obliged to have labour'd 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 majestie be satisfied, that authority is by some law given to the
commissioners for concerving the articles of the treaty, to represent his majesties native
kingdome of Scotland in this offer of mediating for a desired and blissed pacification heere,
his majestie cannot see, how the pious, dutifull, provident, or charitable concernment of
that kingdome in the calamities of this, or their sympathy and sence of the troubles of theyr
head and fellow-subjects, can interesse the commissioners any more then any other of his
good subjects of that kingdome to bestirre themselves in matters of that kind; or why any
such endeavours should be by any (much lesse universally) expected from them; soe farre is
hee from seeing, that any undeclinable necessity constrained them to it. And since the expresse words of the act of pacification itselfe are, that the power of the commission shall be
restrained to the articles of peace in the treaty; and the very words of the commission itselfe
restraine theyr endeavours to the preserveing and keeping of the articles of peace concluded in
the treaty allanerly (so that his majestie cannot but wonder, whence they can pretend any obligation or authority to intermeddle with, or presse concerning any such articles as are not
concluded, but still left dependent, how important soever they suppose them to be even to
the common peace) and giveing them onely liberty to convene to that effect among themselves, or with the commissioners chosen by his majestie, with consent of the parliament of
England, and restraining them in all their proceedings to the power granted to them in
manner aforsayd, and no other wayes (as cleerly intending to restraine all power, that might
be pretended to, by any inferences, analogies, or consequences, how manifest soever they
might appeare) and requireing them to consist of the number of twelve, and not giveing
them power to delegate a smaller number; his majesty cannot consent, that a number the
law allowes not (that is three) should addresse themselves to those the law hath not appointed
them (that is both houses) not only concerning that, which the law entrusted not to them
(as a pacification heere) but even concerning that, from which the law expressely restraines
them, that is, one of the the articles of the treaty no way concluded or agreed on, but expressely reserved by the parliament to be considered in due (that is, in their own) tyme.
Concerning church government, the intermixture of which with the civill state as his majesty
still conceaves to be very great and of very high concernment, and not to be understood by
the commissioners, who have not the knowledge of the lawes and policie of this kingdome;
so his majestie is confident (notwithstanding the declaration and the bill abolishing the order
of bishops that if they well knew, how generally any thing of that kind was oppos'd whilst
the houses continued full, and how much the major part of both houses were absent at the
passing of that declaration and bill (in so much as his majesty is credibly informed, there
were not above five lords present when the bill past) and what violent and tumultuous assemblies had occasioned so great and unusual an absence; they would be confident, as he is,
that in a full and peaceable convention of parliament, both houses will appeare to bee of
the same opinion with his majesty in this particular, and to have in that the same thoughts
of the law and policie of this kingdome.
His majesties care, that the deluge of the troubles of this kingdome affect not that with
the danger of the lyke, is very visible to all the world; his majesty, out of his great desire
of continuing them in peace and tranquillity, not desireing any assistance from them, even
for his owne preservation. And whoever doeth desyre any commotion there to assist their
rebellious and invasive armes, will, hee hopes, bee lookt upon as the troublers of the peace,
and as incendiaries labouring to lay foundations of perpetuall hostility betweene the kingdomes; and then (for ought his majestie can see) there will be no cause to suspect any commotions there, and such danger will prove rather imaginary then reall, though the conservators of the treaty containe themselves within their legall and proper bounds. His majesty wonders, that since his approbation of their mediation was desired, when his safe-conduct was askt, and the first was not given, when the latter was, that it should not have
been easily seene by this proceeding of his majestie, 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
contented to heare what they would say to him upon that point, either as private persons,
or to give him better satisfaction then he could give himselfe, what right they could pretend to any publique capacity of that kind. But haveing heard all they have offered, and
not finding any thing that warrants them in this, in any speciall manner above his majesties
other subjects; his majestie cannot with reason admitt of any private persons whatsoever
into such a publique capacity, or with his owne dignity and that of this nation, allow his
subjects of another kingdome, unauthorized by any law, to make themselves (under the title
of mediation) umpires and arbitrators of the differences heere.
For the calling of a parliament in Scotland, his majestie desires to know, what promise of his it is, which they mention him to have particularly exprest to his late parliament. The law, which his majestie then graciously past concerning that point, his majestie well remembers (and will justly, punctually, and religiously observe, together with
all the rest consented to by him) that the parliament there shall conveen upon the first
Tuesday of June 1644. And according to the same act will appoynt one betwixt this and
that day, if his majestie shall think fitting; who as hee is by that very law expressed to
be sole judge of that convenience; so the commissioners are neither by that or any other
law intrusted or enabled to judge thereof.
Letter from the speakers the of parliament of England, directed thus:
To the right hon. the lords and others commissioners for the conservation of peace in the kingdome of Scotland.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Our verie good lords,
Wee are commanded by the lords and comons assembled in parliament, to acquaint
your lordships, that the bearer hereof Michaell Walden esq; is by both houses of
parliament sent into the kingdome of Scotland, to deliver to your lordships and the rest of
the commissioners for conservation of peace, such things, as he hath in charge by his instructions from the said houses. And therefore wee are commanded, to desire your lordships to give him credence, and admittance from tyme to tyme, and vouchsafe him such
further favour, as your lordships shall think fitt; for which we shall remaine
Westminster the
18th of May 1643.
Your lordships freinds and servants,
signed
E. Manchester, speaker of the house of peeres pro tempore.
Wm. Lenthall, speaker of the commons howse in parliament.
Order of both houses of parliament of England.
Die mercurii 17 May 1643.
It is this day ordered by the lords and commons in parliament, that the English commissioners for the Scotts affaires acquaint the commissioners of Scotland with the letter intercepted by the lord Fairefax from diverse earles of Scotland, whose names are
thereunto subscribed; and the lords and comons desire the earle of Linsey to acquaint the
secrett councell of Scotland and the commissioners of peace for that kingdom therewith; to
the end the persones of the saids earles may by them be secured, to answer what shall be
objected against them from both houses of parliament in England.
Examin.
Jo. Browne cleric. parliamentor.
20 June 1643.
Produced in councel by the earle of Lindsay.
Act against incendiaries contrar to the pacification.
At Edinburgh 21 June 1643.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Forsameikle as be the act of pacification agreed upon be his majestie and estats
and parliament in anno 1641, it is agreed that suche persones as sall be natives in either kingdome, and sall comitt anie offence in the realme, quhairof they sall be natives,
and sall afterward remove thair persons in the other; and suche persons as sall be inhabitants in either kingdome, and sall comitt anie offence in the realme quhair they sall be inhabitants, dureing the tyme of thair habitation thair, and sall afterward remove thair persons into the other, and sall be for the same censured be the parliament of that nation
quhair the offence wes committed as incendiaries betwix the nations or betwix the king
and his people, sall not enjoy anie benefit civill or ecclesiasticall, or have any protection
in any other of his majesties dominions; and quhairas Michaell Weldon esquyre hath produced before the commissioners for conserveing the articles of the treattie ane letter direct
to thame from both houses of the parliament of England, authoriseing the said Mr. Welden to delyver to thame suche things, as he hes in charge be his instructions from both
houses, and desyring the said commissioners to give credence and admittance to him from
tyme to tyme, together with ane other lettre direct to thame from both houses
of parliament remonstrating, that diverse great officers of this kingdome, namelie
the earles of Morton, Roxburg, Annandaill, Kinnoull, Lanerick, Carnewath, have dureing thair continuance in England made thameselves incendiaries betwix the king and his
people, and have advysed acts of hostility against the subjects of the said kingdome, contrarie to the act of pacification; and desiring theirfore the said commissioners, that order
may be taken for speedie proceedings to be had against thame, that so they may ressave
suche punishment for thair said offence, as by the said act of pacification is provydit; and
hath lykwayes from and in name of the lords and comons of England now assembled in
parliament demandit from the saids commissioners, that justice may be done upon the
saids noblemen, whome the parliament of England hes fund to be incendiaries betweene his
majestie and his subjects of that kingdome dureing thair habitation thair; and to the end
they may not fley from justice nor further disturbe the peace of that kingdome, that for
the present they may be disabled to medle in anie thing that may concerne this kingdome
or the peace betweene the kingdomes; and that thair persons may be secured; thairfore
the saids comissioners ordains maissers of councel to pass and charge the saids noblemen, &c.
to compeir before thame on Munday next the --- day of June instant, to here and sie the
desyres above wrytten granted, or else to shew a reasonable caus why, &c. with certification
to them if they failzie and compeir not, the commissioners will proceid and minister justice
conform to the articles of the treatie and act of pacification. And the comissioners declars,
that this act and citation sall be without prejudice either to the said Weldon of anie declinator he sall propone in the mean tyme against the saids noblemen in this or anie other
judicatoire, or of their lawfull defences against the same.
Loudoun cancellarius i. p. d.
Order of the commissioners for conserving the articles of the treatie and peace concerning some papers sent by the two houses of parliament to their commitees at Oxford.
28 Junii 1643.
From the public records of Scotland in the laigh parliament house at Edinburgh.
The comissioners for conserving the articles of the treatie and peace, haveing ressaved
fra Mr. Welden in name of both houses of parliament some papers sent by thame to
thaire commities at Oxford, and the demands of the said committie therupon to his majestie with his majesties answer therto concerning the commissioners, that wer sent from this
kingdome, thair not going to both houses of parliament; and Mr. Welden haveing in
thair name given in a proposition desireing to know, what interupted thame in the execution
of thair commission, and what propositions they had according to thair severall declarations
to present the parliament for the peace of both kingdomes; ordains authentick copies to
be delivered to the said Mr. Welden of the instructions given be thame to thair commissioners sent to England in January last, and of the propositions presented be thame to his
majestie and his majesties answers. By which it will appear, that it was neither want of
affection in thame nor remissnes in thair commissioners, that hindered thair further persuance of thair instructions for the good and peace of both kingdomes; bot the successe not
answering thair expectation, and ther being now a convention of estates of this kingdome
frequentlie mett heir for the ends, and upon the reasons contained in this copie of the proclamation made to that effect; the saids commissioners do desire, that Mr. Welden should
represent these aforsaid proceedings to both houses of parliament, from whome they have
and do daylie expect commissioners authorized with full power, according to their promisses
of the 13th and 20th of May last, that the proceedings of the convention of estates be not
retarded; and that these busines wherin they are so speciallie concerned may be persited.
Loudoun cancellarius i. p. d.
Last propositions delyvered to his majestie 1643.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Since your majestie, upon the grounds and reasones conteaned in our former papers,
is not pleased to acknowledge our interest in the present distractions of this kingdome,
nor is willing to admitt of anie mediation from us, who, far from presuming to be umpires or arbitrators, did onlie according to our commission in all humilitie and love offer
our best endeavores for your majesties honor and the peace of your kingdomes; and since
wee are commanded in this case to returne to thame that sent us; wee will not anie more
by reply trouble your majestie about this point.
Onlie in obedience to your majesties desire, it is our dewtie to shew your majestie, that
beside that calling of a parliament, mentioned in the act, your majestie was pleased in the
last session of the late parliament graciouslie to promise to call a parliament, when upon the
urgent affaires of the kingdome it should be craved; a favor, which wes earnistlie desired,
and thankfullie received by the wholl parliament.
And since wee are commanded by the commissioners for conserving the peace, (unto
whom, and the next parliament wee are to answere for our fidelitie) to repaire not onlie to
to your majestie, bot to the houses of parliament; wee doe againe humblie desire to know
your majesties pleasure in this for our exoneration, and have no more to say, bot do beseech God to blisse your majestie and your kingdomes with ane happie peace.
Comission and instructions given be the comissioners appoynted be his majestie and parliament of this kingdome for conserving the peace, to sir David Home of Wedderburne.
Edinburgh, 30 June 1643.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Whereas it is provydit be the articles of the treattie betwixt the kings majestie and
his people of Scotland, and betwix the two kingdomes, that all monuments, tokens,
and shews of hostilitie upon the border of the twa kingdomes may be taken away, and that
the garisons of Berwick and Carleil may be remove, the works slighted, and places dismantled, that all things betweene the kingdomes of Scotland and England be reduced to the
same stat they were in before the beginning of the late troubles; and being informed, that
contrarie to this article of the treatie, that thair are troups and forces brought to the borders,
and hes come to the south syde of the river of Tweid at Berwick, and not onely stops passage thairto of victuall, coalls, and other necessaries, bot threatens to enter the said toun
with thair troupe by force; yow shall thairfore with all diligence repaire to the toun of Berwick, and try the truth of this information, and what forces are come to the borders or to
Berwick, and what aminition or assistance is offered to thame be the shipis lying thairat;
and that yow lykewayes goe to anie troups or forces lying at Berwick, or neere the Scots
borders, and in our name signifie to thame, that we cannot bot take speciall notice of thair
comeing with forces near the Scots borders, or to the toune of Berwick and Carleil, or endevoring to putt anie troups or forces thairin, which, if they doe, will be resentit, as a
breache of the treattie. And that thairfore wee do expect, that they will with all possible
speed remove anie forces or troups they have neere these touns or borders, and not suffer
thame to repair thair in tymes comeing. And if after this our advertisment these forces be
not removed, or the toun sall be invadit, or forced to receave troups or garisons thairin,
you sall shew thame we will advert to it, according to our just enterest.
Loudoun cancellarius i. p. d.