Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
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His Majesty's Declaration concerning his Proceedings with his Subjects of Scotland, since the Pacification in the Camp near Berwick.
By the King.
We did make account that the Pacification which we were pleased to condescend unto the last Year in the Camp near Berwick, and to grant to our Subjects of Scotland, even then when they were in the height of their Rebellion, and in the Field in Arms against us, had given such demonstration to the World of our inclination to Peace, and desire to spare the Blood of our People, and to win them to the Obedience which they owe unto us, as that all misunderstandings had been utterly taken away, (as they were on our part) and that such Conditions as were then agreed upon, should have been really performed by them, according to those Bonds of Allegiance, Duty, and Promise in which they stand obliged to us. But we have since found, to our unexpressible Grief, that our Princely Goodness and Mildness in passing by that Offence, hath produced nothing but extream Ingratitude and insufferable Insolencies against our Government. And farther, by sundry libellous Pamphlets, and most false and seditious Discourses sent from Scotland, and dispersed purposely in this our Kingdom of England, especially in our City of London; that the cause of these Disorders is sought to be shifted off from the Rebels in Scotland, and most unjustly cast upon us. Wherefore we hold our selfbound, in that Duty which we owe to God, and love to Truth, not to suffer our Honour to be thus betrayed and vilified by Faction and Rebellion, but to vindicate it from all Calumny and Clamour, by giving hereby a clear and just account to all the World of our Proceeding with our Subjects of that our Kingdom, and of the most material and remarkable Occurrents since that Pacification, that so all those that are not partial, or will not wilfully shut their Eyes against the Truth, may judge who they are that have been the Disturbers and Infractors of the Peace, and that under the Mask and visor of Religion seek to undermine and subvert all monarchical and civil Government. Which account follows thus.
'After we had been some time in the Camp near Berwick, and that our Subjects of Scotland had incamped with their Army in view of ours; upon an Overture from them, we were contented to condescend to the receiving of a Petition, in which it is expressed, That they, falling down at our Feet, did most humbly supplicate us to appoint some of this our Kingdom of England to hear, by some of them, their humble Desires. Which we having granted, and several Meetings by those of both Kingdoms having been held; at all which our self, (to shew our hearty and earnest desire to meet our Subjects in a peaceable way) were contented to be present (much beyond their own expectation, as they have since acknowledged, and we are sure, exceedingly beyond their Merit); at the last those of Scotland were commanded to make their Demands in Writing, in which after they had presented their desires, (of which one was, That the Acts of the late Assembly at Glasgow holden by our Indiction, might be ratified in the ensuing Parliament) they profess, It is their grief that we should have been provoked to wrath against them our most humble and loving Subjects; and that it shall be their delight, upon our gracious assurance of the preservation of their Religion and Laws, to give example to others of all civil and tempor al Obedience which can be required or expected of loyal Subjects.
'Whereupon we letting them know, that for the better clearing of Particulars, we expected from them the grounds and reasons of their Desires, but that we would not surprize them, and therefore gave them time to come prepared with their Grounds in Writing.
'The Lord Loudon said, Their Desires were only to enjoy their Religton and Liberties, according to the Ecclesiastical and Civil Laws of the Kingdom; and in clearing Particulars, they would not insist upon any that were not such.
'This we willed him to set down in writing under his Hand, which he did in these words.
'Memorandum, That our Desires are only the enjoying of our Religion and Liberties, according to the Ecclesiastical and Civil Laws of his Majesty's Kingdom, to clear by sufficient Grounds, that the Particulars which we humbly crave are such, and shall not insist to crave any Point which is not so warranted. And that we offer all civil and temporal Obedience to your Majesty, which can be required or expected of loyal Subjects.
'To which we answered, That if their Desires were only the enjoying of their Religion and Liberties, according to the Ecclesiastical and Civil Laws of our Kingdom of Scotland, we do not only agree to the same, but shall always protect them to the uttermost of our Power. And if they shall not insist upon any thing but that which is so warranted, we will most willingly and readily condescend unto it, so that in the mean time they pay unto us that civil and temporal Obedience which can be justly required and expected of loyal Subjects.
'This being the ground of the Agreement on both sides, we were pleased to proceed to a final determination of this Business, which was brought to a conclusion upon the 17th of June 1639. And our Declaration of that Date conformable to these Grounds was, thereupon made, which was not only accepted by those that came in the Name of all those of the Covenant, but most humble Thanks were given to us by them for our gracious Answer vouchsafed to their Petition in the said Declaration; which was fully agreed upon, together with sundry Articles, by all Parties.
'The Pacification thus concluded, the Articles on both sides were to be performed accordingly. Those on our part were in the Declaration following.
We having considered the Papers and humble Petitions presented unto us by those of our Subjects of Scotland, who were admitted to attend our Pleasure in the Camp; And after a full hearing by our self of all that they could say or alledge thereupon, having communicated the same to our Council of both Kingdoms there presens, upon mature deliberation, with their unanimous Advice, we have thought sit to give this just and gracious Answer.
That though we cannot condescend to ratify and approve the Acts of the pretended General Assembly at Glasgow, for many grave and weighty Considerations which have happened both before and since, much importing the Honour and Security of that true Monarchical Government lineally descended upon us from so many of our Ancestors: Yet such is our gracious Pleasure, That notwithstanding the many Disorders committed of late, we are pleased not only to confirm and make good whatsoever our Commissioner hath granted and promised in our Name, but also we are further graciously pleased to declare and assure, that according to the Petitioners humble Desires, all Matters Ecclesiastical shall be determined by the Assemblies of the Kirk, and Matters Civil by the Parliament and other inferior Judicatories established by Law. Which Assembly accordingly shall be kept once a Year, or as shall be agreed upon at the General Assembly.
And for setling the general Distractions of that our antient Kingdom, our Will and Pleasure is, That a free General Assembly be kept at Edinburgh the sixth day of August next ensuing, where we intend (God willing) to be personally present. And for the legal Indiction whereof we have given Order and Command to our Council; and thereafter a Parliament to be holden at Edinburgh the twentieth day of August next ensuing, for ratifying of what shall be concluded in the said Assembly, and setling such other things as may conduce to the Peace and Good of our native Kingdom; and therein an Act of Oblivion to be passed.
And whereas we are further desired that our Ships and Forces by Land be recalled, and all Persons, Goods, and Ships restored, and they made safe from Invasion; We are graciously pleased to declare, That upon their disarming and disbanding of their Forces, dissolving and discharging all their pretended Tables and Conventicles, and restoring unto us all our Castles, Forts, and Ammunition of all sorts, as likewise our Royal Honours; and to every one of our good Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and detained from them since the late pretended General Assembly; we will presently thereafter recall our Fleet, and retire our Land-Forces, and cause restitution to be made to all Persons of their Ships and Goods, detained and arrested since the aforesaid time. Whereby it may appear, that our intention of taking up of Arms was no ways for invading of our native Kingdom, or to innovate the Religion and Laws, but merely for the maintaining and vindicating of our Royal Authority. And since that hereby it doth clearly appear, that we neither have nor do intend any alteration in Religion or Laws, but that both shall be maintained by us in their full Integrity, we expect the performance of that humble and dutiful Obedience which becometh loyal and dutiful Subjects, as in their several Petitions they have often professed. And as we have just reason to believe that to our peaceable and well-affected Subjects this will be satisfactory; so we take God and the World to witness, That whatsoever Calamittes shall ensue by our necessitated suppressing of the Insolencies of such as shall continue in their disobedient Courses, is not occasioned by us, but by their own procurement.
'These Conditions in this Declaration that refer to the time past, have been the most part of them already punctually complied with by us, that Clause excepted in which we express, we intended to have been at the General Assembly at Edinburgh; which yet being but an Intention, we had assuredly performed, but that we were diverted by the Disorders committed by our tumultuary Subjects in Edinburgh upon the Persons of our High Treasurer the Earl of Kinnoul, our Justice General Sir James Hamilton, Counsellors of that our Kingdom, and divers others our good Subjects there; which give us just cause to suspect, that there could be no safety for our Person among People inraged, so immediately after our Clemency shewed to them in the Pacification.
'But one of the greatest Discouragements we had from going thither, was, The refusing of such Lords and others of that Nation, whom we sent for to come to us at Berwick; by which Disobedience they manifestly discovered their distrust of us: And it cannot be thought reasonable, that we should trust our Person with those that distrusted us, after so many Arguments and Assurances of our Goodness towards them.
The Articles of Pacification agreed upon are these.
The Forces of Scotland to be disbanded and dissolved within eight and forty hours after the publication of our Declaration being agreed upon.
Our Castles, Forts, Ammunitions of all sorts, and Royal Honours, to be delivered after the said publication, so soon as we should send to receive them.
Our Ships to depart presently after the delivery of the Castles, with the first fair Wind, and in the mean time no interruption of Trade or Fishing.
We were graciously pleased to cause to be restored all Persons, Goods, and Ships detained and arrested since the first day of November last past.
No Meetings, Treatings, Consultations, or Convocations of any our Lieges, but such as are warranted by Act of Parliament.
All Fortifications to desist, and no further working therein, and they to be remitted to our Pleasure.
To restore to every one of our good Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken or detained from them by whatsoever means since the aforesaid time.
'On Tuesday the 18th of June those of Scotland came to our Pavilion, and there we signed the aforesaid Declaration, and the Articles were signed by them; who also signed another Paper of Submission to us, as followeth.
In the Camp, June 18. 1639.
'In obedience to his Majesty's Royal Commands, we shall, upon Thursday next, the 20th of this June, dismiss our Forces, and immediately thereafter deliver his Majesty's Castles, &c. and shall ever in all things carry our selves like humble, loyal, and obedient Subjects.
'Those of Scotland did likewise further promise and undertake, that our foresaid Declaration should be read and published in their Army; which was accordingly done by Lyon King of Arms of Scotland, on Thursday the 20th, in the presence of the Earl of Morton, Sir Edmond Verney, and Sir John Borough, our Commissioners sent thither to see the same performed.
'How these Articles have been performed on their part, comes now to be considered, and will appear by that which follows.
First, 'Whereas we, by the publication of the Articles of Pacification, expected that due respect and acknowledgment of our Authority, which might have witnessed their Loyalty, and sense of their Thankfulness for so great and royal Favour; we found on the contrary, that at the very publishing of it in their Camp the same was met with a Protestation, so scandalous and dishonourable to our Government, as our Subjects were thereby rather encouraged in their former mutinous ways, than reduced to that Obedience which they promised.
Secondly, 'They delivered into the hands of some of our English Nobility, and spread among others a scandalous Paper, Intituled, Some Conditions of his Majesty's Treaty with his Subjects of Scotland before the English Nobility, are set down here for remembrance. Wherein are contained such Untruths and seditious Positions, and so contrary to that which was concluded in the Articles of Pacification, as thereby it did plainly appear that however they pretended a desire of Peace, yet they intended nothing less. This false and seditious Paper coming to our knowledge, was after, by the advice, and upon the humble petition of our Privy Council here in England, and particularly by such Noblemen as were pretended by them to be Witnesses to the same, ordered to be damn'd by Proclamation, and publickly burnt by the Hand of the Hangman; which was done accordingly.
'Thirdly, 'Whereas it was promised, That the Forces of that our Kingdom of Scotland, raised without our Warrant, and against our self, should be disbanded and dissolved within forty eight hours after publication of our said Declaration in their Camp; they did nevertheless for some time keep in Body divers Forces, and have ever since held in Pay almost all their Officers, in manifest breach of those Articles, contempt of our Royal Authority; contrary to the Laws of that our Kingdom, and to the great danger of all our Subjects who did give Obedience to our Commandments there: which clearly shewed their intention of putting themselves again in Arms against us.
Fourthly, 'Whereas it was promised, That our Forts, Castles, and Ammunitions should be restored so soon as we should send to receive them; yet full Restitution was not made accordingly. And for the Fortification at Leith, which was with the rest remitted to our Pleasure, it stands entirely as it did, though we often commanded the demolishing thereof.
Fifthly, 'It was promised there should be no Meetings, Treatings, Tables, Consultations, Convocations, or Conventicles, but such as are warranted by Act of Parliament, (and yet we were pleased to give them Warrant to meet for the space of one Month, to consult, advise, and resolve upon such Affairs and Businesses as concerned the relief of their mutual Burthens only): Nevertheless, after that Time expired, which was on the 20th day of July 1639, they did, and do still continue their unlawful Meetings and Consultations upon Matters of State, both Ecclesiastical and Civil, contrary to the Laws and Acts of Parliament of that our Kingdom, and our express Warrant; In which Conventicles they daily vex and trouble such of our Subjects as do not adhere to their rebellious Covenant, and pretended Assembly at Glasgow, and the Acts of the same.
Sixthly, 'Whereas all Fortifications were to be remitted to our Pleasure to be demolished or continued, and we having given Commandment for the demolishing of them all, raised and built without our Warrant; no Obedience is given to the same, but they are still continued, to the fostering of Sedition among our Subjects, and the disturbance of the Peace of that our Kingdom.
Seventhly, 'Whereas all our good Subjects should have their Liberties and Goods restored to them; yet such is the violence and fury of the People, animated thereunto by the said Protestation, scandalous Papers spread, and seditious Sermons preached, as many of our said Subjects are deterred from going to their own Dwelling and places of Aboad, and threatned with the loss of their Lives, in case they shall repair to their own Houses.
Eighthly, 'Whereas in our Declaration before-mentioned, we did make known that we could not approve the late pretended General Assembly at Glasgow, for the Reasons contained in our former Proclamations; yet contrary to that our Pleasure, they daily press our Subjects to subscribe the approbation of the said pretended Assembly, and Acts thereof, and to swear the same; so that whereas we did expect to have found our Subjects setled in Peace and Quietness against our repair to Edinburgh, we heard of nothing but new Disorders, Meetings, and Molestations of our Subjects well affected to our Service; which as it doth evidently appear, by the insupportable Insolencies committed, as aforesaid, upon the Persons of our high Treasurer the Earl of Kinnoul, our Justice General Sir James Hamilton, and others our Counsellors and good Subjects; so doth it clearly evince, that nothing was less intended than obedience to our Authority, or performance of what was promised, or is due to us in right of our Crown, and by the Laws of that our Kingdom.
Ninthly, 'Whereas we were pleased to grant a free General Assembly, for setling and composing the Divisions cunningly raised and fomented in the Church of that our Kingdom, expecting a fair choice of the Commissioners, and such as might stand with the respect due to our Authority, they did labour to pervert our Subjects by anticipating their Voices, in making them swear to and subscribe the Acts of the pretended Assembly at Glasgow, and making choice of such Commissioners (and no others) as adhered thereunto, and by Oath were bound to maintain the same; and further, deterred others whom we by our Warrant did lawfully call to the next Assembly, from repairing thereunto, threatning them with the loss of their lives, and what worse may be committed against their Persons, in manifest contempt of our Authority, and derogation from the freedom of the said Assembly.
Tenthly, 'To divert all our good Subjects from their due Obedience to us, and to debauch them to their factious Mutinies and Disorders; they brand all such as adhere to us, and have attended our Person, with the vile aspersion of Traitors to God and their Country, threatning to proceed against them by Censures accordingly; as though the due respect given by them to us, and their adhering to us, and their assisting us in their Persons, were Treason: Whereas by right of that our Crown, and the Acts of Parliament of that our Kingdom, all our Subjects are to rise with us, and to assist us with their Bodies and Goods; and whosoever refuses, or rises in Arms or Rebellion against us, or commits any Act of Hostility against our Sacred Person, are declared Traitors, and are to incur the pain of High Treason.
Lastly, 'Their Disobedience appears in that unparallell'd contempt of our Royal Authority, and shaking off all respect due to Sacred Majesty, by their protesting that all Members of the College of Justice and all our Lieges were not to attend the Session; and that all Acts, Decrees, and Sentences therein past against any of them, shall be null, void, and ineffectual, contrary to our express Warrant for the down-sitting thereof, and to the heavy damage of our good Subjects, who were thereby frustrated of Justice, taking by this means our Royal Power out of our Hand, which alone belongeth to us; none but our self being to command our Subjects to attend the Session, or to discharge their attendance, as we in our Princely Wisdom and Justice shall think fit.
'Having laid these insolent and seditious foundations for a Parliament, it could not in reason be expected but a Structure to be raised thereupon must be full of Disorder and Confusion; and indeed it proved all of a piece: for in all the progress of the Parliament their Actions and Demands were full of Undutifulness and Disloyalty, denying to us the most essential and inherent Prerogatives of our Crown, and striving by all means to change and alter the Constitutions of the Parliament and frame of Government; as appears by their first Act at and after the chusing of the Lords of the Articles. where, in a most insolent and peremptory way they protested, That nothing done, or to be done in Parliament, should be valid, except the form of electing Articles heretofore observed were altered, every Estate allowed to chuse their own Articles, contrary to the form kept in former Parliaments for many Years, as will clearly be evinced by the Records, and will be made appear by Persons of all Qualities yet living, who assisted at the Parliaments, and were Members of the same, in the Years 1612 and 1609, and contrary to the Provisions and Conditions mentioned in the Act 1587.
'By their Act likewise concerning the defining of the Power of the said Articles, they press totally to subvert the Frame and Power thereof. The Articles have been, as is acknowledged by themselves, ever since King David Bruce his Time, which is above three hundred Years; and by the Lords of the Articles all Businesses are prepared, and from them brought to the Parliament, as appears by divers Acts of Parliament, and particularly by the fourth Parliament of King James the 6th, cap. 248; in which for eschewing of Confusion and impertinent Motions, all Propositions to be made in Parliament are to be delivered to the Clerk Register, and by him presented to the Lords of the Articles, that all frivolous and improper Motions may be rejected; which antient Constitution they would subvert by the aforesaid Act.
'So by the Act concerning the Constitution of the Parliament in time to come, they urge, and thereby strive totally to alter the Frame of the Parliament, and to confound and take away the third Estate; wherein the Civil Power of Kings is so much concerned, as our Father, and all his Predecessors in former Parliaments, both in time of Popery and since the Reformation of Religion, have been most careful to preserve and maintain the Dignity, Honour, and Privileges of the third Estate; as appears in Anno 1560, when all Church-Jurisdiction in the Persons of Bishops is alledged to be abolished; and in Anno 1587, when all the Temporalties of Benefices were annexed to the Crown, the Clergy retained still their Vote in Parliament, and represented the third Estate, and the civil Power and Privileges of the Church were still preserved and again ratified, as appears by the first Parliament of King James 6. cap. 24. and by divers Acts of Parliament, Anno 1587, 1597, and 1609. By all which, and divers other Acts of Parliament, it does clearly appear how much the Kings, our Predecessors, have conceived their civil Power and the Honour of their Crown to be concerned in the maintaining and upholding of the Honour, Dignity, and Privileges of the three Estates. Nay, by a special Act made in the time of King James 6. Parl. 8. Cap. 130. it is declared Treason to impugn the Authority of the Parliament and three Estates, or to procure the Innovation of the Power and Authority of the same three Estates, or any of them: And we would willingly know how they, or any of them, can deny but that they have sought the breach of this Act, and so are guilty of Treason, and liable to the punishment thereof.
'Concerning the Act which they call Rescissory, they do not only thereby seek to take away the third Estate (which is Treason, as aforesaid) but to annul many other Acts formerly made in favour of the Crown: and farther, to bar us, in a manner totally, from Assembly or Assembly-Business, and cut us off from all those Powers in civil Affairs, which in the Court of that Kingdom are in consequence hereupon; by which it is evident how far they would trench upon Regal Power, and how different it is from their Promise, which was, to desire nothing that is not warranted by Law.
'For the Act of Oblivion, in the Narrative and whole strain of it, as it is formed and desired by them to be past in Parliament, they seek to justify themselves in all their Proceedings; and instead of an Act of Oblivion, for which they petitioned us at the Camp, they urge an Act which amounts to a Justification, to be recorded in the Books of Parliament, altogether contrary to the nature of an Act of Oblivion, and to that which ever heretofore hath been desired in like case, as appears by the Act of Oblivion in Anno 1563.
'And whereas by the Act of Pacification, Restitution is ordained to be made to every one of our good Subjects of their Liberties Lands, Goods, and Means whatsoever, taken and detained from them by any means since the aforesaid time; this is not only not yet performed, but as appears by the binding part of this Act, it is never intended.
'And as by the abovesaid Act of Oblivion, so by their Act of Relief, they depart from that which was condescended to at the Camp: for whereas upon their humble desire we were graciously pleased, by a Commission dated at Berwick, July 2, 1639, to allow them the liberty of convening and meeting until a certain day, for distributing of their pretended Charges among such as should willingly condescend thereunto; they have not only without our Warrant kept their Conventicles and Tables since the expiring of the foresaid Commission, contrary to the positive Laws of the Kingdom and Act of Pacification, and their own acknowledgment in petitioning for the aforesaid Commission, but by their said Act of Relief they do most impudently urge upon us, that by an Act of our Royal Power all our good Subjects, who in the late Troubles and Commotions did adhere to us, and shew themselves ready to defend our Royal Authority, should be made equally, if not more liable to the defraying of their pretended Charges. So by the Act it self we are pressed to justify and authorize all their Rebellions and Treasons, and to constrain the Innocent, and those that have suffered most for being faithful and loyal to us, to contribute to those Rebellions and Treasons; than which there can be nothing more tyrannical, nor contrary to Justice and our Honour.
'Concerning their Demands, although in all their Petitions, Declarations, and Remonstrances, they profess, That they will never incroach upon Sovereignty, nor diminish our Royal Authority; yet not withstanding by their Demands made in Parliament, and the Reasons of them given to our self, they strike at the very Root of our Regal Power. For they desire,
First, 'That the Coin be not medled with but by advice of Parliament.
Secondly, 'That no Stranger be entrusted with keeping of our Castles; nor other Person put in them, but by advice of the Estates.
Thirdly, 'That no Patent of Honour be granted to any Stranger, but such as have a competency of Land-Rent in Scotland.
Fourthly, 'That no Commission of Justiciary or Lieutenancy may be granted but for a limited time.
Fifthly, 'They protest likewise against the Precedency of our Lord Treasurer and Lord Privy Seal; because, as they alledge, the same is not warranted by a positive Law.
'All which, though they are so essentially belonging to us as their King, that for the most part they answer themselves; yet we have thought it not unfit to give the World this satisfaction concerning them.
'And first for the Coin; It is a Prerogative most peculiar to the Crown, and none can meddle with it but by our Consent, without incurring the punishment of High-Treason, as it is in all Kingdoms.
'In the second and third there lurketh a great deal of Malignity and Poison, and they are intended merely against the English, whom they would account Strangers; as appears by the Exception lately taken by those of Edinburgh to those English sent by us to the Castles of Edinburgh and Dumbarton. This is a most dangerous and seditious Practice, to raise again the Partition-Wall between the two Nations, and to divide them, thereby to awaken those antient national Animosities, which have been most happily laid asleep by the blessed Union of the two Crowns: And besides, the great dishonour to the English, that they should not be held worthy to enjoy any Dignities or Privileges in Scotland, as well as the Scots do in England, it is an injury to themselves: For it is most just, that by the same Rule the Post-nati of Scotland (who are now admitted here to all Dignities, Privileges, and Offices, and do enjoy them as freely as any English whatsoever) should be likewise excluded from them, for which most of their Countrymen here would give them little thanks. But what Religion there can be in shewing themselves such Incendiaries, we leave it to the World to judge.
'To the fourth; Some of themselves have obtained from us the heritable Rights of Justiciary over a considerable part of that our Kingdom; and why our Power should be more limited to others than to them, we understand not.
'To the fifth; No Man that is not a Traitor can deny that the source and fountain of all Honour is in Us, and that it is a prime Branch of our Crown to distribute Honours, Dignities, and Precedencies to whom we please; and besides, the Chancellor of that our Kingdom holds his Place and Precedency without any Warrant or positive Law, but merely from our immediate and inherent Power: and therefore why not our Treasurer and Privy-Seal as well as he?
'They further boldly demand the rescinding the Acts of Parliament concerning the civil Government; namely, the Act concerning the Judicatory of the Exchequer, the Act concerning Proxies, the Act concerning Confirmation of Ward-Lands; by which they would overthrow both our Government and Revenue.
'When we found them thus pertinaciously resolved to persist in these their insolent and unsufferable Demands, contrary to all Religion and Laws, though they so much pretend them both, we signified our Pleasure to our Commissioner the Earl of Traquair, to this purpose:
That whereas it did evidently appear unto us, that the aim of divers of our Subjects was not now for Religion, as they have always pretended, (for it was manifest by the proceeding of our said Commissioner, how willing we had been to give satisfaction both in Assembly and Parliament, touching all such things as were promised by us, or sued for by them under that Name of Religion); And that we did perceive, by many new strange Propositions, that nothing would give them content but the alteration of the whole Frame of the Government of that Kingdom, and withal, the total overthrow of Royal Authority; We held it must now be our care and endeavour to prevent that which did so nearly concern us in Safety and Honour: and if thereupon we should immediately command the dissolving of the Parliament, it were no more than justly might be expected from us. Nevertheless, such was still our tenderness of their preservation, and of the establishment of a perfect Peace in that our native Kingdom, as we were pleased rather to prorogate the same, and to hear such Reasons as they could give for their demands. Wherefore we commanded our said Commissioner to prorogate the Parliament until the second of June next ensuing, and that (since they had disputed it) by our Authority only; we holding it no way fitting that any assent of theirs but Obedience should be had to that Act, which doth so properly belong to us as their King: and if they should presume to protest, sit still and disebey this our Royal Command, our further Will and Pleasure was, That our said Commissioner should discharge their so doing under pain of Treason. But in case of their Obedience, and dissolving according to our Command, then we do require our said Commissioner to declare unto them, That we would not only admit to our presence such as they should send unto us to represent their Desires, and the Reasons of them, but would likewise, as we were ready always to do, punctually perform whatsoever we did promise. In the interim, we commanded himself with all convenient speed to repair hither, and to bring with him all that had passed, or had bin demanded, both in Assembly and Parliament, that so we might not only be more perfectly inform'd of all Proceedings, but likewise consult with him and those of our Council, what course would be best for the preservation of our Honour, and the happy accommodation of this business.
'This our Command being signified to the Parliament by our Commissioner, was not assented unto without a Protestation, which they call a Declaration of the Parliament, to this purpose.
Jac. 6. Qu. Mary. Jac. 5. Jac. 4. Jac. 3. Jac. 2. Jac. 1.
That whereas John Earl of Traquair, his Majesty's Commissioner, honoured with a most ample Commission, according to his Majesty's Royal Word, having closed the Assembly, and sitting in Parliament with them a very long time, for debating and preparing such Articles as were to be represented in face of Parliament, did now take upon him, aud that without the consent of the Estates, and without any Offence on their part, who have endeavoured in all their Proceedings to witness their Loyalty to the King, and Duty to his Grace, as representing his Majesty's Sacred Person, to prorogate the Parliament upon a private Warrant, procured by sinister information, against his Majesty's publick Patent under the Great Seal, &c. whereby he heavily offends all his Majesty's good Subjects, and endangers the Peace of the whole Kingdom, for which he must be liable to his Majesty's Animadversion, and to the censure of the Parliament, this being a new and unusual way, without president in this Kingdom contrary to his Majesty's Honour so far engaged for present ratifying the Acts of the Kirk, contrary to the Laws, Liberties, and perpetual practice of the Kingdom; by which all continuation of Parliament once called, convened, and begun to sit, have ever bin made with express consent of the Estates, as may be seen in the Reigns of sundry Princes, &c. Therefore we the Estates of Parliament, &c. are constrained in this Extremity, to manifest and declare, &c. That as we have not given the least cause, or smallest occasion of this unexpected or unexemplified Prorogation, so we judge and know the same to be contrary to the Constitution and Practices of all preceding Parliaments; contrary to the Liberties of this free and antient Kingdom, and very repugnant to his Majesty's Royal Intentions, Promise, and gracious Expression in the Articles of the late Pacification, &c. And we do further declare, That any Prorogation made by the Commissioner's Grace alone, without consent of the Parliament, by himself, or any Commissioner in his Name, under the Quarter Seal, or by the Lords of the Council, who have no power at all in Matters of the Parliament, during the sitting thereof, shall be ineffectual and of no force at all to hinder the lawful Proceedings of the Subjects, and the doers thereof to be censurable in Parliament. And further we declare, That the Commissioner his nomination of the Articles by himself, his calling together those Articles, and commanding them to sit continually and proceed, notwithstanding their daily Protestations to the contrary; his keeping frequent Sessions of Council, and determining Causes in Council, during the time of Session in Parliament; his calling down and calling up of Mony during the Session of Parliament, without consent of the Estates of Parliament; notwithstanding the Parliament had taken the Mony into their consideration, and had purposed to have given their advice for a determination thereanent; his frequent prorogating of the riding of the Parliament, without consent of the Estates, or mentioning in the Acts of Prorogation, the consent of the Articles, altho it were done by their Advice, are contrary to the Liberties of the Kingdom, Freedom and Custom of Parliament; and that they be no Preparatives, Practicks, nor Prejudices in time coming against us, or our Successors. But because we know that the Eyes of the World are upon us, that Declarations have bin made and published against us, &c. that our Proceedings may be made odious to such as know not the way how these Commandments are procured from his Majesty, nor how they are made known nor intimate to us, and do as little consider that we are not private Subjects, but a sitting Parliament; or what National Prejudices we have sustained in time past by mis-information, and what is the present case of the Kingdom: We therefore declare, that whatsoever by the example of our Predecessors in like cases of necessity, by his Majesty's Indiction, and by the Articles of Prcification, we might do lawfully in sitting still; and which in this extreme necessity were justifiable, not only before so just a King, but to the Faces of our Adversaries; yet out of our most reverend regard, and humble desire, to render not only all real demonstrations of Civil Obedience, but to put far from us all shew or appearance of what may give his Majesty the least discontent, we have resolved for the present only to make remonstrance to his Majesty of the reason of our Propositions and Proceeding in this Parliament, &c. And in expectation of his Majesty's gracious Answer to these our humble Remonstrances, some of each Estate having power from the whole Body of the Parliament, remain still here at Edinburgh, to attend the return of his Majesty's gracious Answer to our humble and just Demands: And further, to remonstrate our humble Desires to his Majesty upon all Occasions, that hereby it may be made most manifest against all contradiction, that it was never our intentions to deny his Majesty any part of that Civil and Temporal Obedience which is due to all Kings from their Subjects, and from us to our dread Sovereign after a more especial manner, but merely to preserve our Religion and Liberties of the Kingdom, without which Religion cannot continue long in safety: And if it shall happen (which God forbid) that after we had made our Remonstrances, and to the utmost of our power and duty used all means for his Majesty's Information, that our malicious Enemies, who are not considerable, shall by their Suggestions and Lyes prevail against the Informations, and general Declaration of a whole Kingdom, we take God and Men to witness, That we are free of the Outrages and Insolencies that may be committed in the mean time, and that it shall be to us no imputation, that we are constrained to take such course as may best secure the Kirk and Kingdom from the extremity of Confusion and Misery.
Which Declaration above-written, we the Estates of Parliament required the Clerk to insert in the Records thereof, and grant Extracts thereof under his Hand and Subscription.
This Declaration was produced and read in the outer House of Parliament, upon Decemb. 18. 1639. according whereunto the Nobility nominated and appointed the Earls of Lothian and Dalhouse; the Lords, Yester, Balmerino, Cranston, and Napier: The Barons nominated the Commissioners of the three Lothians, Fife and Twedail: The Burroughs nominated the Commissioners of Edinburgh, Linlithgow, Sterling, Haddington, Dunbar, to attend at Edinburgh the return of his Majesty's gracious Answer to their humble Remonstrance.
'In this Protestation or Declaration, tho there be a specious shew, and sundry professions of Obedience to us, yet it is evident they have wounded our Authority in the Person of the Earl of Traquair our Commissioner, who did nothing in that Prorogation but by our special Comandment; and therefore for that they cannot censure him without reflection upon us: And besides, it is positively affirmed, That any Prorogation made by the Commissioner alone; without consent of the Parliament, shall be ineffectual, and of no force; which necessarily implies, That we have no power to Prorogue, whereas the contrary is most manifest Truth. And tho upon our Command here was a shew of Prorogation, yet they continued part of their Body at Edinburgh, upon pretence of receiving our Answer to their Remonstrance; which, if it shall not be to their liking, they conclude with a menacing Protestation, That it shall be no imputation to them, if they be constrained to take such course as may best secure the Kirk and Kingdom from the extremity of Confusion and Misery; having first taken God and Man to witness, That they will be free of all Outrages and Insolencies that may be committed in the mean time; than which nothing can be more boldly and insolently spoken.
'After this, these divided Members of that distracted Parliamentary Body remaining thus at Edinburgh, did send the Earl of Dunfermling and the Lord Lowdon as their Deputies, to make their Remonstrance to us. But because we understood that they came without Warrant or Licence from our Commissioner, and had not acquainted him with what they were to propound unto us, we held this like the rest, a great and insufferable Disobedience, and would not admit them to our Presence coming in this manner; and so commanded them to return without hearing them.
'Then our Commissioner came hither, and made a Report to us of the state of our Affairs there; with which we thought fit to acquaint the Lords of our Council of England, as also with this Carriage of the Parliament in Scotland, and to advise with them what was to be done for redress of these Disorders. Whereupon we commanded our said Commissioner, the Earl of Traquair, to make relation to the Board of all their exorbitant demands, of which some account hath bin formerly given them by the Lord Marquiss Hamilton. Upon this our Command, the Earl of Traquair made a large and exact representation to the Board of the most considerable Matters proposed and agitated in Parliament, and of the insolency of their Demands; and the Petitioners themselves sent from Scotland, have since their coming to us insisted upon all and every Particular of our said Commissioner's Relation, and in a most bold way offered to justify them all; by which they have more than justified the Report of the said Earl of Traquair.
'Whereupon we were further pleased to acquaint the Lords, that they had lately sent us a Petition, which carried some shew of submission and humility, but was indeed nothing less; wherein they desired, that some might be allowed to come from them to us, to represent their Affairs: which to make our Subjects of Scotland the more inexcusable, we told the Lords we had granted, tho we had little cause to hope for any good from those that had so much forgotten their Duty and Allegiance to us.
'When the Lords had heard the Relation of our Commissioner, we thought fit upon the whole matter to put this Question to them, Whether considering the insolency and height of these Demands, even concerning Civil Obedience, it were not fit to reduce them to their Duty by force, rather than to give way to these Demands, so prejudicial to us in Honour and Safety? To this we commanded every one of our Council to give his Answer, and to declare his Opinion by Vote; which was accordingly done, and they unanimously voted in the Affirmative: Whereupon soon after we resolved to call a Parliament.
'After this our Subjects in Scotland, according to the Answer we gave them upon their Petition, having sent up hither four Deputies, viz. the Earl of Dumfermling, the Lord Loudon, Sir William Douglas, and Mr. Berkley; we were pleased to admit them to our Presence, and to receive Petitions from them, which were after by our Direction subscribed by them, in one of which they, in the Name of the Assembly convened at Edinburgh, gave us thanks for that we had made known to them that all Matters Ecclesiastical should be determined in free national Assemblies, and Matters Civil in Parliaments; and desired our Ratification of the Constitutions of the Assembly in Parliament: And in the other they desired to be heard before us, and some of our Council of both Kingdoms; and that the Report made by the Earl of Traquair to our Council here in England, might be delivered them in writing under his hand, which was a most insolent demand.
'Immediately after this, We thought fit to appoint a special Committee of some of our Council to hear them, and accordingly gave order to the Earl of Traquair to assign them a day to come to that Committee. They refused to come, alledging that they had Order and Instructions to treat with none but our self: Whereupon we appointed them to attend us at the Committee, tho it were the day of our appointed remove to Hampton-Court; at which time they did attend us accordingly.
'There the Lord Loudon made a long Speech, the effect whereof was, A Protestation of the Independency of the Parliament of Scotland, and that it is subject to no other Judicatory; a Profession of their Loyalty and Affection to us, and a Justification of their Proceedings in the Assembly and Parliament, as agreeable to the Articles of Pacification, and to the Laws and Practices of that Kingdom; and thereupon a desire, That we would ratify and confirm those their Proceedings; and to that purpose command that the Parliament might proceed freely, for the determining of all the Articles delivered into them, and the establishing of Religion and Peace in the Kingdom; undertaking that whatsoever Objections or Informations should be made against their Proceedings in Parliament, (if they might receive them in writing) they would make answer to them.
'This Discourse ended, we demanded what Power and Commission they had to give us satisfaction, and to oblige those from whom they came; seeing if they had none, we should hear them upon great disadvantage, they expecting Satisfaction from us who have Power to give it, but they none to render the like to us.
'They answered, That which they should propose (it being agreeable to Law) they were confident would give us Satisfaction.
'We asked who should be the Judge of that. They answered, The Laws would be so clear that there should be no need of a Judge. And tho we insisted much hereupon, they would give us no other Satisfaction; they avowing they had Powers, and would bring them tous: They were order'd to do so at the next Meeting, and so for that time were dismissed.
'After our return from Hampton-Court, they attended us at the Committee again; where they produced Instructions signed by some Scotisb Lords, and others, Persons of no great eminency; which Instructions having bin read, were judged by us, (all the Committee concurring in the same Opinion) to be no Commission, nor that they had any Power or Authority by them to give us Satisfaction, or to oblige those from whom they said they came, to any thing that we should yield to, or desire. Wherefore we demanding whether they had any other Power; they said, They had a Paper formerly subscribed by some of the Lords in Parliament, by which the Earl of Dumfermling and Lord Loudon were only authorized to come, and present their Justification to us, and they could for the present have no other, the Parliament now not sitting. Whereupon we advising seriously with the Committee what was best to be done in this weighty Business; and considering, That if they should be dismissed without further hearing, they would take occasion to clamour, altho we held our self bound neither in Honour nor Justice to hear them any further, (they having offered no Foundation for an Accommodation, nor having Power to do it) yet to the end that no colour of sinister Construction might be left, and that we might justify our self to God and the World, that we have omitted nothing on our part that might tend to Peace, and to the setling of a better Intelligence between us and them, we did resolve that we would continue to hear them, and make our Objections to such Particulars as had bin proposed in Parliament, and against which we had just grounds of Exception, so that it might appear whether they could give us that satisfaction which they had promised and presumed.
'This we having declared to them, not one of them made shew of the least sense of this our Grace and Goodness so expressed to them; which the Lord Marquiss Hamilton observing, took occasion of himself to say, That tho he was not of their Company, yet being a Scots Man, he held himself obliged to acknowledge with all humility this our singular and princely Favour to his Country, and besought us to accept his most humble thanks for it. This drew them on to do the like, and so they presented their humble Thanks to us on their Knees.
'At the next meeting of the Committee, the said Petitioners produced the Paper above-mentioned, subscribed by some of the Lords remaining at Edinburgh, as aforesaid, by which the Earl of Dunfermling and Lord London only were heretofore authorized to come and present their Justification to us: which Paper being read, the whole Committee agreed that the Petitioners had no Power by this Paper, no more than by the former, to give us any Satisfaction, or to oblige those from whom they came, but only to endeavour to justify themselves, and the former Proceedings of the Parliament. Of all this we were pleased to give account to our whole Council of England, who unanimously concurred in Opinion with the Committee, That the above-mentioned Papers gave them no Power at all. Nevertheless we were contented, according to our promise, to hear them; and we did make Objections to the most exorbitant of their Demands: But their Answers were very impertinent, and rather Justifications of them, than any way Satisfactory: Which could not be otherwise, seeing those Demands were for the most part so contrary to Law and Monarchical Government, that they did answer themselves; as by our Answer to them formerly set down more particularly may appear.
'Concerning our Promise of a free Parliament, no Man of ordinary sense can imagine we ever intended it should be so free, as not to be limited with their own Conditions, subscribed by the Lord London, which were to enjoy their Religion and Liberties, according to the Ecclesiastical and Civil Laws of that our Kingdom; and if they pass these bounds, as it is evident they have done, we remain disobliged, unless they will have us only obliged, and themselves left at liberty to fly at our Monarchical Government, without controul, to wrest the Scepter out of our Hand, to rob our Crown of the fairest Flowers belonging to it, and to destroy our Regal Power and Authority, as manifestly they have endeavoured to do by their insufferable intended Acts and Demands, contrary to all Law and Reason.
'If it be further objected, That they assume this liberty by our allowing of the Covenant, and commanding our former High Commissioner the Lord Marquiss of Hamilton, and other our Subjects, to subscribe it; the Answer is very ready, That there is a great difference between the Covenant and Band subscribed by our Commandment, and their Band; for that Covenant and Band was made by our late Father King James of blessed Memory, Anno 1580, and obligeth thos that swear to it, that they should mutually assist one another, as they should be commanded by the King, or any authorized by him. But this new Band was made without our Consent, and by it they swear mutually to assist one another, not excepting the King, which is indeed a mere cunning Combination against the King. Besides, when any have bin required to subscribe the Covenant, as the Lord Marquiss Hamilton was, and did, and in that sense which he declared in print, the principal Heads of them did not only refuse it themselves, but dissuaded (as much as in them lay) all Our good Subjects from subscribing it, tho the Covenant were all one with theirs, and so acknowledged by themselves: Whereby it doth evidently appear, that it was not Religion they aimed to secure, (as they pretended) for then they would have acquiesced with these our Commands, but merely by adhering to their own Band, to keep our Subjects in that condition, as they might be always tied, and conceive themselves obliged by Oath to take up Arms against us whensoever the time should be fit for a total Rebellion; which they have never left endeavouring till they have brought it to pals: So that by our approbation of the old Covenant and Band, or by the Subscription of our Commissioner, they can have no solid Foundation to justify their now Proceedings; and it will hardly appear that ever any Covenant was made in the Christian World (except in Cases of Rebellion and Treason, as this is) where the Head was left out, or had not a Negative Voice.
'Neither can the Earl of Traquair, our High Commissioner his Subscription, or allowance of the subscription of the Covenant, be any Warrant for their rebellious Courses; seeing, as appears by their own Petitions to him, they declare, that, Now following the laudable Example of their Predecessors, they do humbly supplicate for the same, and that they may be allowed and warranted to subscribe it: Which clearly evinces, that what they did before, and of themselves, without warrant of Authority, was neither laudable nor warrantable: As also before the allowing thereof by the said Earl of Traquair, it is acknowledged (as appears by that which is prefixt to his Subscription) that it is one and the same Covenant with that of 1580; which, as appears by the Reasons heretofore deduced, will no way infer any ground, or the leaft shadow of Reason for their treasonable Combinations, or taking up of Arms against us, or our Authority, or any denial of our negative Voice.
'Now upon debate of this Point at the Council Board, the Lords were of Opinion, that until the Petitioners sent from the Covenanters would acknowledge that the supreme Magistrate must have Authority to call Assemblies, and to dissolve them, and to have a negative Voice in them, as is accustomed in all supreme Powers of Christendom, they ought not to be heard.
'If they shall alledge (as they did when they came to the Committee) that their Demands aforesaid were but Matters in fieri, and not absolutely resolved nor concluded: it is to be answered, That the Impediment was not on their part that they were not concluded. Nay, the Lord London, in his first Speech to us at the Committee, did not only justify their Proceedings in the Assembly and Parliament, as agreeable to the Articles of Pacification, and to the Laws and Practice of that Kingdom, but did desire that we would ratify and confirm those their Proceedings, and to that purpose command that the Parliament might proceed freely, and determine anent all those Articles delivered in to them. Howsoever, good Subjects ought to be wary how they come near the suspicion of Rebellion or Treason, much more how they make Demands that carry with them more than a suspicion of rebellious and treasonable Intentions, as these above-mentioned most manifestly do.
'Now besides the Insolencies and Acts of Rebellion and Treason above-mention'd, committed before, and in the Assembly and Parliament, we cannot but observe and publish to the World, that their Carriage hath bin no less exorbitant since the Parliament, and since the coming of their Petitioners hither than before: for without any Authority or Commission from us, they have taken upon then to levy and raise Forces in several parts of that our Kingdom, it great numbers, which they have continually exercised and trained, and have assigned them a Rendezvouz, and a day to be in a readiness to march.
'They have made Provisions of great quantities of Artillery, Munition, and Arms, from foreign Parts, which they have ready in Magazine to make use of against us their Sovereign.
'They have of themselves laid Taxes and Impositions of ten Marks in every hundred, upon all and every our Subjects, according to their several Revenues, to be levied upon their Estates for the maintenance of this Rebellion; and this they have exacted with the greatest Rigour and Tyranny that can be imagined, howsoever they pretend the Contribution to be voluntary.
'They have caused to be framed and published, as well in Manuscript as in Print, sundry false, seditious, and scandalous Papers and Pamphlets, concerning our Proceedings with them; and amongst others, one intituled, An Information from the Estates of the Kingdom of Scotland, to the Kingdom of England, &c. which having come to our knowledge, we caused it to be read publickly at our Council Table; and the Lords in detestation thereof became humble Suitors to us, that it might be supprest by Proclamation, and burnt by the Hand of the Hangman, which hath bin done accordingly.
'They have refused the Lord Estrick, Governor of our Castle at Edinburgh, Timber, and other Materials necessary for reparation of the Works lately fallen down there, notwithstanding our express Commandment by our Letters to them upon their Allegiance to furnish them.
'They have committed sundry Outrages and Violences upon the Persons of some of the Garison at Edinburgh, that came out of the Castle to buy Victuals.
'They have begun to raise Works and Fortifications against the said Castle, thereby to block up that our Royal Fort, and to render it unuseful. And they have fortified sundry other Places in that our Kingdom, and particularly Insgarvy, where they have mounted divers pieces of Ordnance.
'They have lately imprisoned the Lord of Southesk, and sundry others of Quality, for not adhering to them, and for their fidelity to us.
'And whereas we have upon sundry occasions signified our Pleasure to the Magistrates of Edinburgh, for the performance of such things as have concerned our Service: instead of yielding Obedience, they have made answer, That they have delivered up the power of governing the Town, into the hands of the Committee of the pretended Tables, by which they have not only voluntarily disabled themselves to serve us, but have incurred the guilt of High Treason, by conferring upon any that power of Government which they derive and hold from us alone, and cannot be resigned to any other without our special Warrant and Command.
'But to fill up the measure of their Treasons, they have endeavoured to settle Intelligences in parts beyond the Seas, and practised to let in foreign Power into that our Kingdom, as we are able to make appear under the hands of some of the chiefest of them: as if the Fire, which by their own Rebellions they have already kindled within the Bowels of that State, were not sufficient to consume it, unless they added fuel to it from abroad. And herein appears first their malignity to us their natural Soveraign, in that they had rather prostitute themselves to a Foreign Government, and such as is different in Religion, than yield conformity to ours. And then secondly, We cannot but take notice that the Interests and Safety of our self, and this our Kingdom of England, are highly concerned herein: For if a Stranger once take footing in those Northern parts, it is not hard to judge how easily he may be invited by such Guides as they, and such an entrance as they will readily give him, to draw nearer to this warmer Climate of the South; and then how much the English Nation are likely to be beholden to their Scotish Neighbours for such Inmates, is left to every true English Heart sadly to consider, and in time to endeavour to prevent, lest he be overtaken unawares by the mischief which threatens every one in particular, and the whole Nation in general; and yet all this with them is Religion and Laws.
'But because the World shall see that we charge them not but upon very good and sure Grounds, we have thought fit to set down here their own Letter: Of which we have given our good Brother, the French King, an account, being confident he will not assist any Rebels against us. The Letter follows, with this Endorsement, Au Roy, which in France is always understood from those Subjects only to their Natural Prince.
Vostre Majesté (estant Pasyle & sanctuaire des Princes & Estats affligéz) nous avous trouvé necessaire d'envoyer ce Gentilhomme le Sieur de Colvil, pour representir a V. M. la candeur & naiueté tant de nos actions & procedures, que de nos intentions, lesquelles nous desirons estre graveés & escrites à tout l'univers avec un ray du Soleil, aussy bien qu'a V. M. Nous vous Supplions doncques treshumblement (Sire) de luy adjouster foy & creance, & a tout ce qu'il dira de nostre part, touchant nous & nos affaires; estans tresasseurés (Sire) d'une assistance esgale a vostre clemence accoustumeé cydevant, & si souven monstreé a ceste Nation, laquelle ne cedera la gloire a autre quelconque d'estre eternellement,
Les treshumbles, & tresobeyssants, & tresaffectionés serviteurs,
Your Majesty being the Refuge and Sanctuary of afflicted Princes and States, we have found it necessary to send this Gentleman, Mr. Colvil, to represent unto your Majesty the candour and ingenuity, as well of our Actions and Proceedings, as of our Intentions, which we desire to be engraved and written to the whole World with a Beam of the Sun, as well as to your Majesty. We therefore most humbly beseech you (Sir) to give faith and credit to him, and to all that he shall say on our part, touching us and our Affairs; being most assured (Sir) of an Assistance equal to your wonted Clemency heretofore, and so often shewed to this Nation, which will not yield the Glory to any other whatsoever to be eternally,
Your Majesty's most humble, most obedient, and most affectionate Servants,
'Now these Affronts to our Government, and dangers to our State, which have no relation at all to Religion and Law, but in the violation of them both, have necessitated us to put the Forces of this out Realm in order, and our self into a condition to be able (by God's help) to vindicate our Safety and Honour against all those that under pretence of Religion and Law have already risen, or shall rise up against us, and to preserve and keep in safety our good and loyal Subjects, and to take care that the Gangrene be cut off before it spread too far, to the endangering of this our Kingdom of England. Nevertheless we profess before God and all the World, that we never did, nor ever will hinder them from the enjoying of their Religion and Liberties, according to the Ecclesiastical and Civil Laws of that our Kingdom, and according to our Promise and their Desires, subscribed by themselves at the Pacification; but that we will govern them as a just and religious Prince. In assurance whereof, if they will yet acknowledge their former Crimes and Exorbitancies, and in an humble and submissive manner, like penitent Delinquents, crave pardon for what is past, and yield Obedience for the time to come, they shall still find that we will be more sensible of their Conversion, than we have been of their Rebellions; and that we rather desire their Reformation, than their Destruction. But if they persist in their rebellious Courses, and by that which they call the enjoying of their Religion and Liberties, according to the Ecclesiastical and Civil Laws of that Kingdom, will understand nothing but the trampling of our Crown and Royal Authority under their Feet, and the endeavouring to subvert all Laws and Religion, as they have done hitherto by their Proceedings in the Assembly and Parliament, then we hold our self obliged, in discharge of that Duty which we owe to God and the Government which he hath entrusted to us, to have recourse to our coercive Power, to prevent so many imminent Dangers as threaten the Publick. This we take God to witness we are necessitated to, and shall not undertake without extream sorrow and reluctation. Nevertheless we trust that God, whose Vicegerent we are, and by whom alone Kings reign, being likewise a God of Truth, and a severe punisher of all Falsehood and Imposture, will no longer suffer his Glory to be despised and prophaned in our Person, by gross Hypocrisy, under the counterfeit habit of Religion, but will arise and scatter his and our Enemies.
'And for this noble English Nation, whose Glory it hath been to have been governed many hundreds of Years under a Monarchy, we doubt not but they will, as it becomes loyal and faithful Subjects, continue their Affection to us and Monarchical Government, and not suffer themselves to be debauched and betrayed into an Anarchy by such as envy the happiness they have so long enjoyed, and the many glorious Victories which they have atchieved under Kingly Government; but following the Example of the Lords of our Council, and of our Servants, will chearfully assist us in this our just Cause, wherein our Honour and Safety, together with theirs, are so highly concerned.
'Our Subjects in Ireland, by their late Declaration in Parliament, have not only given us a considerable Supply toward our present Preparations to reduce our disaffected Subjects in Scotland to their due Obedience, but have humbly offered us their Persons and Estates, even to the uttermost of their Abilities, for our future Supply, in a Parliamentary way, as our great Occasions (should that Distemper continue) shall require. And this they desire may be recorded as an Ordinance of Parliament, and that it may be published in Print for a Testimony to all the World, and to succeeding Ages, of their Loyalty and Affection to us, as it well deserves. This is a singular Comfort to us in the midst of these Distractions; and we have no cause to doubt but our Subjects of England, who are nearer to the Danger, will shew the like tenderness of our and their own Honour and Safety, which will be no less contentment to us, and make us, as a Father of our People, take the same care of their Preservation and Prosperity, that we shall of our own. And this we assure them, in the Word of a Prince, we shall ever do.
The end of the King's Declaration.
The just double of the particular Demands of the Subjects of Scotland, presented to his Majesty's Commissioners in Articles or otherwise, which by his Majesty's Command, for satisfaction of the Council of England, were historically related before them by the said Commissioner, to his Majesty at Whitehall.
In all which Relation be laid open, not only the Demands controverted; or what had been debated and not concluded, but also such as had been proponed, and by Persuasion or Argument relinquished, and not insisted upon. In all which likewise he left to themselves, and those whom by his Majesty's Allowance they were to send, to give his Majesty a timely information of their said Demands.
Which being at two several times, and in two several Papers given both to the Earl of Dunfermling and Lord Loudon, was by them acknowledged to have been demanded, like as they have under their hands given in in writing their Reasons for every one of them.
The Articles given in the first Day.
- 1. A Protestation given in at the first Prorogation of the Parliament, at least given to the Commissioner, to be represented to his Majesty.
- 2. Act defining the Power of the Articles.
- 3. New Augmentation to the Customs to be discharged, and no Custom nor Imposition to be imposed hereafter, but by advice of the Estates.
- 4. No change of value of Money, or coinage thereof, but by advice of Parliament.
- 5. The Book of Rates to be revised by Parliament.
- 6. The Castles of Edinburgh, Dumbarton, and Striveling, to be entrusted only to Natives, and those to be chosen from time to time of honest Men, and by advice of the Estates.
- 7. Act anent the Judicatory of the Exchequer.
The Articles given in the second Day.
- 1. A Protestation against the Treasurer and Privy-Seal their precedency, That their giving way to the Treasurer and Privy-Seal should not prejudge them of their Right.
- 2. The Act anent the Constitution of the Parliament in time coming, being by the Articles remitted to his Majesty, to be considered of until the next Parliament, was thereafter questioned by some of the Nobility and Barons, who in their own Name, and Name of the rest, urged the same to be brought in in plain Parliament without any such reference.
- 3, An Article craving every Commissioner of the Shires to have a several Voice.
- 4. An Article craving the Parliament to chuse their own Clerk, or to have two of every Estate joined with the Register; and that all Acts voiced in Parliament should be immediately subscribed by two of every Estate.
- 5. Act for every Estate's chusing their own Lords of Articles.
- 6. Act discharging Proxies.
- 7. Act against the Book intituled, A large Declaration.
- 8. Commissioners of Shires to give a Roll of the Free-holders, out of which the Justices of Peace are to be chosen.
- 9. Act anent the Disorders in the North.
- 10. Act craving the Council to be subaltern and censurable by the Parliament.
- 11. No Patent of Nobility to be granted to any but such as have ten thousand Marks of yearly Land-rent.
- 12. No Taxation to be granted but in plain Parliament.
- 13. Act of Pacification.
- 14. Act craving particular Commissioners of Justiciary and Lieutenancy to be discharged.
- 15. Act in favour of Sheriffs and Stewards, only to be obliged to produce Hornage for the Taxations.
- 16. Patent of making Powder to be discharged.
- 17. Act discharging Remissions for Slaughter or Theft, but upon satisfaction to the Party.
- 18. Act discharging Protections.
- 19. Act of Common Relief.
- 20. An Article craving the Act 1633 bearing, that Confirmations and Infeoffments of Ward-Lands shall not prejudge the King's Ward to be repealed.
- 21. Act discharging the Duty paid to the Conservator upon the Coals.
- 22. Act craving Ammunition and Arms brought in since the beginning of these Troubles, to be free of Custom.
- 23. Act anent the Election of President of the Session, and admission of the Judges presented by his Majesty.
- 24. Act craving Statesmen, being Noblemen, to have but one Voice.
- 25. His Majesty's Warrant for Mr. William Hay his Deputation in his Father's Place, opposed by the rest of the Clerks.
Whereas the Author, whilst the Records of Scotland were remaining in the Tower of London, had obtained a brief Collection of the several Heads of the Acts and Ordinances of the Scotish Nation; and of the large Treaty, and other Treaties and Transactions between the two Nations of England and Scotland: As likewise the several Acts, Supplications, and Desires of the General Assemblies of Scotland, concerning Religion, King, and Kingdoms, Church-Government, their Faith and Covenant, their Proceedings therein, and Ratifications thereof by their Parliaments, with divers Declarations, Remonstrances, and Resolutions thereupon: With their several Levies and Preparations for War, and Commissions and Instructions to their Commanders in chief: As also their proclaiming Charles the Second, their Transactions with him in Holland, and their admission of him to his Royal Power upon Terms of the Covenant. Selected out of the Records of the Parliament of Scotland, (then remaining in the Tower of London) beginning the 15th day of May 1639, and ending the 8th of March 1650.
Yet he thinks it convenient at present only to give the Reader an account of the Years 1639 and 1640, reserving the rest to their proper time and place.
Apud Edinburgum, May 15. 1639.
Prima dies Parliamenti.
The King's Commission is recorded and read for the holding of this Parliament, directed to John Earl of Marr and others.
The Parliament is continued to the 23d of July.
Apud Edinburgum, Julii 23. 1639.
The King's Commission is again read.
The Parliament is continued to the 26th day of August.
Continuation of the Parliament to the second of June 1640, and the King's Commission recorded.
Apud Edinburgum, Julii 2. 1640.
Sexta dies Parliamenti.
Follows the Acts and other Matters past and done in this Session of Parliament, beginning the second day of June 1640, and ending the 11th day of the same month of June.
Act anent the Constitution of this Parliament, and all the subsequent Parliaments.
Declaration of the Estates of Parliament, permitted by them to their Proceedings in Parliament, containing the Reasons and Necessity of the convening and proceeding thereuntil.
Junii 4. 1640.
Act anent the admission of Ministers to the Kirk, which belonged to Bishopricks.
Anent the large Declaration, or Manifesto.
Sexto Junii 1640. Decimo dies Parliamenti.
Act Statuary, appointing Parliaments to be holden every three years.
Act anent production of the Registers and Records of Parliament, to the first Session of each Parliament.
Explaining the preceding Acts of Parliament, made against Bands and Conventions amongst the Subjects; as also declaring the Bands and Convention made and kept since the beginning of the present Troubles, to be lawful.
Act appointing all Grievances to be given in plain Parliament.
Act anent the Ratification of the Covenant, and of the Assembly's Supplication, Act of Council, and Act of Assembly concerning the Covenant.
The Supplication of the General Assembly convened at Edinburgh the 12th day of August 1639, to his Majesty's High Commissioner, and the Lords of his Majesty's most honourable Privy-Council.
In this is mention made of 107 Kings chearfully acknowledged by them and their Predecessors; and following the laudable Example of their Predecessors 1589 Years, do pray that their Confession and Covenant, as a Testimony of their Fidelity to God, and Loyalty to their King, which they had subscribed, may be subscribed by all his Majesty's Subjects, of what Rank and Quality soever.
The Act of his Majesty's most honourable Privy-Council at Edinburgh, August 30. 1639. containing the Answer of the Supplication above-written.
The Act of the General Assembly, ordaining by Ecclesiastical Authority the Subscription of the Confession of Faith and Covenant.
The Confession of Faith subscribed at first by the King's Majesty and his Houshold, in the Year of God 1580.
Thereafter by Persons of all Ranks, in the Year 1581, by Ordinance of the Lords of the Secret Council, and Act of the General Assembly; subscribed again by all sorts of Persons in the Year 1590, &c. and again in Anno 1638, and now again subscribed.
This Confession of Faith is very largely described and expressed.
Act anent the Ratification of the Acts of the Assembly.
Act for the Committees of Estates to supply the Power of the Parliament.
Nono Junii 1640.
Ratification of General Lesly's Proceedings Anno 1639.
Ratification in favours of General Lesly, of his Commission to be General 1640, and of other Officers of War.
Act discharging all custom of Ammunition brought home to the Lieges for their own use, for defence of Religion, and liberties of Kirk and Kingdom.
Decimo Junii 1640.
Ordering the whole Subjects and Lieges of this Kingdom to obey, maintain, and defend the Conclusions, Acts, and Constitutions of this present Session of Parliament, and to subscribe the Band appointed for that effect.
Act continuing the Parliament to the 19th day of November next.
Declaration and Closure of the Parliament.
Apud Edinburgum, Nov. 19. 1640.
Quindecima dies Parliamenti.
Act anent the continuation of the Parliament to the 14th day of January 1641.
The humble and continued Desires of your Majesty's Subjects convened in Parliament by your Majesty's Authority.
'These are the Articles of this Parliament, called at first, and convened the second time by your Majesty's Authority, not in common way of calling a Parlitment, but by your special and solemn Promise in your Majesty's Royal Declaration at the time of Pacification grounded thereupon, which we now with all humility present unto your Majesty's View and Princely Consideration, as containing no new thing different from our first and continued humble Desires, and serving for the preservation of our Religion and Laws, and for setling the Peace of this Kirk and Kingdom under your Majesty's Government: And it was never our mind to deny unto your Majesty, our native King and dread Sovereign, that of civil and temporal Obedience; so do we now all of us, with one heart and voice, testify to your Majesty before the World, against the open Railings and secret Suggestions of our Enemies, that we account no earthly thing so desirable as to have the happiness of enjoying this Peace under the long and prosperous Reign of your Majesty and your Royal Successors, in whom we have so great and kindly Interest. And therefore, as it hath been our care and diligence to keep our selves within the bounds of Moderation, as your Majesty's Throne standing before our Eyes had been filled, and we honoured with your Majesty's Person and Presence, in acting nothing but the Ratification of the Constitutions of the late Assembly, approved by your Majesty's Commissioner, and such other things as do conduce for your Majesty's Honour, and the Good and Peace of this Kingdom; and making no kind of alteration, but such as is either by unavoidable Necessity, and by strength of the Matter it self was origined and driven from the Acts of the Assembly, and without which they could not be ratified, according to your Majesty's Declaration, or according to the Laws, were most necessary for the preservation of our Religion and Liberties in time coming: So it is now our humble Petition and confident Expectation, that your Majesty will judge equally of the Proceedings of your loyal and well-meaning Subjects, and will account of these Acts as of your Majesty's own Laws, since they have been presented with their Parliamentary Reasons to your Majesty's Examination by our Commissioners, and nothing remonstrate to us against the equity and necessity of them; and thus they are concluded in this Parliament (after once Prorogation) convened by your Majesty for this effect: We had been inexcusable, and could not have answered to God Almighty, nor to your Majesty his Vicegerent for our Good, if we had not in the extream Exigency of this Kirk and Kingdom, made use of the Liberty whereby his Divine Providence, and your Majesty's Authority and Permission, was put into our Hands.
'When your Majesty shall be graciously pleased to command that these Acts be published in your own Name, as our Sovereign Lord, with the Estates of Parliament convened by your Majesty's Authority; when the Lord Lowdon, one of our Commissioners sent from the Parliament upon your Majesty's Warrant, shall be returned in safety, the Castles of Edinburgh, and other Strengths of the Kingdom, shall, with the Advice of the Estates, according to the first Foundation, be furnished and used for our Defence and Security, some of our Countrymen in your Majesty's other Dominions shall be free from Censures for subscribing the Covenant, and be no more pressed with Oaths and Subscriptions, unwarranted by our Laws, and contrary to their natural Oaths and Covenant, approved by your Majesty; others of them who have been wicked Instruments to work us all our Woe, and to divide betwixt your Majesty and the Kingdom, shall be sent hither, and put to a Tryal according to the Laws; our Ships and Goods, Soldiers, and others imprisoned, restored; and all other our losses and wrongs that all this time we have sustained, repaired; your Declaration against us, as Traitors, recalled: And when your Majesty shall be pleased to condescend to one stable and well-grounded Peace, of our enjoying of our Religion and Liberties, against all fears and molestation, and undoing us from Year to Year, whereby our Adversaries may take advantage; then will the real Testimonies and Royal Proofs of your Majesty's Justice and Goodness be so strong Bands of Love, and invincible Chains to tie our Hearts, that never was there a People more obsequious to a King, nor a King more contented and happy in a People: And why shall we not think that your Majesty will regard the found Judgment and unfeigned Affection of a whole Kingdom, above the Opinion and Self-love of a few Malecontents, who are at discord with the Times, and account your Majesty's Danger and Dishonour, and our common Calamities, to be a continuance of their justly deserved Miseries? And why shall we not hope that your Majesty's Wisdom will judge it more convenient to bestow your Royal Favours upon a whole Kingdom, wherein every Man of us may have our own benefit, than upon some few Persons, who by their aversion make an Eclipse of your Majesty's Countenance and Goodness at so great a distance? And why shall not an obedient People, that curseth all Rebellion and Treason to Hell, where it is hatched, look for better Days when the Storm is blown over, wherein God may have his own Glory, your Majesty also as much Honour as a good King can require, and we your Majesty's Subjects that Peace and Happiness which may make us heartily pray for the long and prosperous Reign of our Native King and Monarch?
A List of the several Entertainments of the Officers General of the Field; the Lord General his Train; Officers of four Regiments of Foot-Bands, and Companies of Footmen; Officers General of the Horse, and twelve Troops of Horse.
|Officers General of the Field.||Per diem.||Per (fn. 1) mensem||Per annum.|
|The Lord General||10||00||00||280||00||00||3065||00||00|
|The Lieutenant General||06||00||00||168||00||00||2190||00||00|
|Serjeant Major General||02||00||00||056||00||00||0730||00||00|
|Provost Marshal General||00||06||08||009||06||08||0121||13||04|
|Waggon or Carriage-Master||00||06||08||009||06||08||0121||13||04|
|Four Corporals of the Field, at 6 s. 8 d. each.||01||06||08||037||06||08||0486||13||04|
|The Lord General's Train.|
|Treasurer at War||02||00||00||056||00||00||0730||00||00|
|Commissary Gen. of the Victuals||00||10||00||014||00||00||0128||10||00|
|Two Chaplains, at 6 s. 8 d. each||00||13||04||018||13||04||0243||06||08|
|Two Physicians, at 6 s. 8 d. each||00||13||04||018||13||04||0243||06||08|
|Two Apothecar. at 3 s. 4 d. each||00||06||08||009||06||08||0121||13||04|
|Secret. to the Council of War||00||10||00||014||00||00||0182||00||00|
|Two Chirurgeons at 4 s. each||00||08||00||011||04||00||0146||00||00|
|Fifty Halberdiers, at 1 s. each||02||10||00||070||00||00||0912||10||00|
|Four Colonels of four Regiments of Foot, each Regiment consisting of 1500 Men, at 1 l. each Colonel per diem.||04||00||00||112||00||00||1460||00||00|
|Four Lieutenant Colonels, at 10 s. each||02||00||00||056||00||00||0730||00||00|
|Four Serjeant-Majors, at 6 s. each,||01||04||00||033||12||00||0438||00||00|
|Four Quarter-Masters, at 5 s. each,||01||00||00||028||00||00||0365||00||00|
|Four Provost-Marshals, at 5 s. each,||01||00||00||028||00||00||0365||00||00|
|Four Carriage-Masters, at 3 s. each,||00||12||00||016||16||00||0219||00||00|
|Three Preachers, at 3 s. each,||00||12||00||016||16||00||0219||00||00|
|Four Chirurgeons, at 4 s. each,||00||16||00||022||08||00||0292||00||00|
The Pay of a Colonel's Company of 200 Men, in each of the four Regiments.
A Captain, per diem 8 s. A Lieutenant, 4 s. Ensign, 2 s. 6 d. Three Serjeants, at 1 s. 2 d. each. Three Drums, at 1 s. each. Three Corporals, at 10 d. each. 188 Soldiers, at 8 d. apiece.
Being in all for one Collonel's Company of 200 Men,
And so for four Collonels Companies, of 200 Men each,
The Pay of a Lieutenant Collonel's Company of 150 Men, in each of the four Regiments.
A Captain, per diem, 8 s. A Lieutenant, 4 s. Ensign, 2 s. 6 d. Two Serjeants, at 1 s. 4 d. a piece. Two Drums, at 1 s. a piece. Three Corporals, at 10 d. a piece. And 140 Soldiers, at 8 d. a piece.
And so for four Lieut. Col. Companies, of 150 Men each.
Four Regiments of Foot, containing in Officers and Soldiers 6000 Men, being 1500 Men in each Regiment, viz.
To Pay a Company of 115 Men, viz.
A Captain, per diem 8 s. Lieutenant, 4 s. Ensign, 2 s. 6 d. 2 Serjeants, at 1 s. 2 d. each. Three Corporals, at 10 d. each. 105 Soldiers, at 8 d. each per diem.
|In all for one Company of 115 Men,||Per diem||04||11||04|
And so for forty Companies, of 115 Men apiece, being ten Companies in each of the four Regiments, besides the Colonels and Lieut. Collonels Companies.
Officers General of the Horse.
The Pay of a Troop of a hundred Horse, viz.
(fn. 2) A Captain, per diem, 8 s. A Lieutenant, 5 s. a Coronet 4 s. Three Corporals, at 2 s. each; two Trumpeters, one Quarter-master, a Chirurgeon, and 80 Horsemen, at 2 s. 6 d. each per diem. After which Rates, the pay of a Troop of 100 Horsemen with their Officers, is
|And so the Pay for 12 Troops of 100 Horse apiece, with their Officers, is||Per diem||156||12||00|
Sum total of the Entertainment aforesaid, is
A Life of the Train of Artillery, according to his Majesty's Direction, reduced to such a number of Officers and other Ministers as will be merely necessary for a mean Train of 30 or 40 Pieces of Ordnance, viz.
|Per diem.||Per mensem.||Per annum.|
|The General of the Ordnance||04||00||00||112||00||00||1460||00||00|
Sundry other Officers, Artificers, and Attendants upon the Ordnance and Train of Artillery, viz.
Sum total of the Officers, Artificers, and other the Attendants.
Whitehall, the last of March 1639.
- Lord Archbishop of Canterbury.
- Lord Keeper.
- Lord Treasurer.
- Lord Privy-Seal.
- Lord Marquiss Hamilton.
- Earl of Northumberland.
- Lord Chamberlain.
- Earl of Dorset.
- Earl of Bridgewater.
- Earl of Berkshire.
- Earl of Morton.
- Lord Cottington.
- Lord Newburgh.
- Mr. Treasurer.
- Mr. Comptroller.
- Mr. Secretary Windebank.
In the Month of Movember this Year, the Lord Wentworth Deputy of Ireland, arrived at the Court of England, where he appeared in much favour with the King, and in high Reputation for his Ability in Matters of State; and the King took him into his closest Councils, for the better forming and finishing those Designs, which were then begun: and his Majesty gave him an increase of Honour, creating him Earl of Strafford Lord Lieutenant of the Kingdom of Ireland, and Knight of the most Noble Order of the Garter. He was constituted Lord Lieutenant, for that (as his Patent runs.)
Obsequium suum &industrium Nobis agregie probaverit, dum officium deputatus Nostri in Regno Nostro Hiberniæ,& Præfecturum Generalem exercitus nostri ibidem conscripti fide summa Administravit, resque nostras illius Regni ea prudentia ordinaverit ut Nostri Honori, Saluti, Ecclesiae populoque Universo optime consulerit.
After some Weeks Consultation with his Majesty about the Scots, and other publick Affairs, he returned to Ireland to meet that Parliament which before was summoned, and to levy Men to increase his Army for the necessary Defence of the King and his Kingdom.
Before he took leave of the King, there was a Subscription of a Loan at the Council Board to supply his Majesty with Money; the Earl began first, and (for example) subscribed 20000l. and afterwards arrived at Dublin, March the 18th the same Year 1639.
Upon the Meeting of the Parliament, he so well improved his Interest and Power, as that he gained from them four entire Subsidies. And in the Preamble of the said Act for Subsidies, sundry great Causes of Joy and Comfort are expressed by the Ministration of the Lord Lieutenant: Particularly,
'In that his Majesty hath provided and placed over us so just, wise, vigilant, and profitable a Governor, as the Right Honourable Thomas Earl of Strafford, Lord Lieutenant of this your said Kingdom of Ireland, who by his great Care and Travail of Body and Mind, sincere and upright Administration of Justice without Partiality, Increase of your Majesty's Revenues, without the least Hurt or Grievance to any of your well-disposed and loving Subjects, and our great Comfort and Security, by the large and ample Benefits which we have received, and hope to receive by your Majesty's Commission of Grace for Remedy of defective Titles, procured hither by his Lordship from your sacred Majesty; his Lordship's great Care and Pains in Restoration of the Church; the reinforcing of your Army within this Kingdom, and ordering the same with singular good Discipline; his Support of your Majesty's wholesome Laws here establish'd; his Encouragement to your Judges, and other good Officers, Ministers, and Dispensers of your Laws in the due and sincere Administration of Justice; his necessary and just Strictness for the Execution thereof, his due Punishment of the Contemners of the same, and his Care to relieve and redress the Poor and Oppressed. For this your tender Care over us shewed by the Deputy, and supporting so good Governors, &c. We in free Recognition of your great Goodness towards us, do, for the Abbreviation of some part of your Majesty's inestimable Charges, most humbly and freely offer to your Majesty four entire Subsidies, &c.
And after the Lord Lieutenant's Return again into England in the beginning of the Year 1640, his Majesty honoured him with a Commission to be Lieutenant General of his Majesty's Army to march against the Scots, the Earl of Northumberland being made General; but the Burden of the Conduct lay upon the Lieutenant-General, by reason of the Earl of Northumberland's Indisposition as to his Health.
A Complaint by Dr. Belcanqual Dean of Durham, against his Tenants.
On the 11th of March 1639, Walter Belcanqual, Dean of Durham, complained of George Grey and Anthony Smith, two of the Tenants of the Dean and Chapter of Durham, for Misdemeanors committed by them, in getting divers of the Tenants of the said Dean and Chapter, to set their Hands and Seals to divers Papers and Petitions of Complaint against the said Dean and Chapter their Landlord, and to contribute Mony for Prosecution of their Complaints; and as the said Dean did alledge, They did not make known to the Dean and Chapter their Grievances before they came up to complain.
The said Grey and Smith appearing before the Lords of the Council, did acknowledge, that what was alledged against them was true as to the subscribing Petitions; but declared they had cause to complain against the Dean and Chapter, for that contrary to a Decree entred in the Court of York and elsewhere in the time of Queen Elizabeth, which did ascertain their Right in the renewing their Leases, with favour to them in respect of their Tenant-Right; and that a small Fine (in comparison of what the Dean and Chapter now required of them) had wont to be paid; of which they said, they often complained as a Grievance, but never obtained hopes of Relief from them.
The Council-Board after hearing the Business, declared themselves dissatisfied with the Tenants Proceedings; and the Archbishop of Canterbury moved, That the Dean and Chapter might do well to proceed against them in the Star-Chamber, and never to renew their Leases to the Tenants, or the Children of them who did complain; and that it were fit they should be committed to Prison till they did produce the Schedule of Grievances subscribed by the Tenants to discover their Names; and that they should pay so much Mony, as they received from those Tenants (who impowred them to prosecute this their Complaint) to one of the Clerks of the Council, and that nothing should be deducted out of the same, to allow the said Grey and Smith any thing towards the defraying of their Charges or Monies laid out about the Prosecution of this Business: for, said the Arch bishop, he was confident it was a practice against the Church, and did believe there was some further design in the Business.
Hereupon the Council-Board ordered that Grey and Smith be committed to the Gatehouse, and there to lie in Prison until they produce a Schedule of the Names of the Subscribers, and that they did pay the Money they had confessed to have received (which was about the sum of 80l.) unto the hands of Sir William Beecher one of the Clerks of the Council; which they paid accordingly, but continued in Prison many Weeks, because they would not deliver up the List of the Tenants Names that subscribed the Petition: But a Parliament meeting April 13 next following, they were set at liberty by the Council-Board, without delivering up the List of the Tenants Names, and the Paper of Subscription containing their Grievances.
The Author of these Collections having casually mislaid the Decree at large which the High Court of Star-Chamber passed against the Mayor and Commonalty of the City of London, and against the Society of the Governor and Assistants of London of the New Plantation of Ulster in the Kingdom of Ireland, is not able to give a full and clear account thereof, being a Case of great weight, and which held seventeen days hearing, the Court sitting de die in diem, in along Vacation, the Author being then in the North; the Reader therefore is desired to inform himself as to that great Case, of some Proceedings in the begining of that Parliament, which met the third of November 1640, whilst the King remained with his Parliament, tho at that very time he was gone to Edinburgh in Scotland, to confirm the Peace betwixt the two Nations of England and Scotland; and upon his return was magnificently entertained by the City of London, as will be at another time fully declared.
The Resolves of the Commons House of Parliament, as to this Case of London-Derry, were as followeth.
Upon Mr. Whilster's Report of the Case of London-Derry, Resolved upon the Question, That the Opinion of this House is, That the Citizens of London were sollicited and pressed to the under-taking of the Plantation of London-Derry.
'Resolved upon the Question, That the Copy attested with Mr. Goad's hand, is a true Copy of the Sentence given in the Star-Chamber against the Master and Commonalty of the City of London, and the Society of the Governor and Assistants of London, of the New Plantation of Ulster in the Kingdom of Ireland.
'Resolved, &c. That the Order made in the Court of Star-Chamber, dated the 8 Martii, 8 Car. is unlawful, both for the Matter, Persons, and Time therein prefixed.
'Resolved, that this House is of Opinion, That the King was not deceived in the Grant which he made unto the Society of Governors and Assistants of London of the New Plantation of Vlster in the Kingdom of Ireland, in particular, not in creating a New Corporation called, The Society of the Governors and Assistants of London of the New Plantation of Ulster in the Kingdom of Ireland.
'Resolved, that this House is of Opinion, That the King did not by that Patent grant more Land than was by him intended to be granted, nor was therein deceived.
'That it doth not appear by sufficient proof, That the Citizens of London were tied to perform the printed Articles, and consequently not bound to plant with English and Scots, nor restrained from planting with Natives.
'By the 27 Articles, the City was to build two hundred Houses in Derry, and an hundred at Colrain, by the first day of November 1611. Admitting that the Houses were not built, nor the Castle of Culmore repaired by the time prefixed, yet this is no Crime nor Cause for giving Damages, in regard the City had not their Patent until the 29th of March 1613.
'That there is no proof that the Governor, &c. of the New Plantation, or any of their Companies, did make any Lease unto any Popish Recusant, nor of any decay of Religion there by default of the Planters.
'There is no proof of any default in the Planters, for not making a sufficient number of Freeholders, nor any Articles that do tie them thereunto.
'That there is no proof, that the City of London, or the Governor of the New Plantations, have felled any Trees in the Woods called Glancankin and Kellytrough, contrary to their Covenant.
'That the not conveying of the Glebe Lands to the several Incumbents of the several Parish-Churches, in regard they did enjoy the Lands, is no Crime punishable, no cause of seizure of their Lands.
'That the Breach of Covenant (if any such were) is no sufficient Cause to sorseit the Lands.
'That the Breach of Covenant is no Crime, but triable in ordinary Courts of Justice.
'That the Court of Star-Chamber, while it stood as a Court, had no Power to examine Freehold nor Inheritance, nor had any Power to examine or determine breach of Covenant or Trusts.
'That the Sentence upon these two Corporations aggregate no particular Person being guilty, it is against Law.
'That in all the Proofs of this Cause, there doth not appear Matter sufficient to convince the City of London of any Crime.
'That upon the whole Matter, the Sentence in the Star-Chamber was unlawful and unjust.
'That this Composition and Agreement made with the City upon these terms in the time of Extremity, ought not to bind the City.
'That the Opinion of the House is, That they think fit, that both the Citizens of London, and those of the New Plantation, and all under Tenants, and all those put out of Possession, by the Sequestration or King's Commissioners, shall be restored to the same state they were in before the Sentence in the Star-Chamber.
'That the Citizens of London, and all they against whom the Judgment is given in the Scire Facias, shall be discharged of that Judgment.
The Author had a full purpose to have given the Reader a Report of many Cases in the Court of Honour, or Lord Marshal's Court, (which used to sit in the Painted Chamber) which Cases he took with his own Pen, but postponed the transcribing thereof, hoping to have finished the same in time, but is now prevented in doing thereof by his constant attendance upon several Printing-Presses to hasten out this Second Part of Collections before January 26. 1679. yet something the Author by his Memory doth call to mind of Proceedings in that Court.
The principal Case there heard, as to Descent and Coat of Arms, was in the Case of [West] Lord De la Ware, the Proceedings wherein did carry a good Reputation of Justice with it, in giving relief to that Noble Family; the Case was thus.
There was a Person took upon him the Name of West, himself being of a far different Name by Birth; and assumed not only the Name, but the Coat of Arms of the Family of [West] Lord De la Ware: Whereas the said pretended West had got the Name of [West] by his great skill in Wrestling in Lincolns Inn Fields, who went by the Name of Jack of the West, but was indeed an Hostler: Afterwards he came to be an Innkeeper, and got a good Estate, and maintained his Son at the Inns of Court; but the Son was impatient till he did let the World see that he was a Person honourably descended, and thereupon did, by virtue of his Patent, take place of some of the Gentry his Neighbours in Hampshire; which did so disoblige them, (they knowing his Original) as they acquainted some of the Family of the Lord De la Ware therewith; who being then an Infant, yet did by his Guardian bring this Case to a hearing in the Court of Honour; where this pretended West produced his Patent granted by the Herald, that he was thus descended, as if it were (but the Author remembers not the names certainly) from John West, the Son of Robert West, the Son of Roger West, the Fourth Son of the Lord De la Ware.
On the other part it was made out, on the behalf of the Lord De la Ware, that there were such Persons as were named in the Patent, and that one of them went beyond Seas, who was conceived to be dead, but was now come over, and then present in Court; and there it was made out that this West the Hostler assumed his Descent to be from the Gentleman that so appeared in Court. So upon the whole hearing of the Business, the Court was fully satisfied of the Abuse by the said West the Hostler done to the Family of West Lord De la Ware. Whereupon he was ordered to be degraded, and never to write him self Gentleman any more, and to pay 500l. Fine. Some other Circumstances did attend his Degradation, which cannot now be called to mind.
The next Case of note to this, which the Author then observed, was between Pierpoint and Coply about Matter of Honour, and Precedency in Antiquity of Families. When the Cause came to hearing, both Families proved their Pedigree from the Conquest; but forasmuch as there were scandalous words proved to be spoken by the said Coply, to the defamation of the Family of Pierpoint, the Sentence passed against Coply, and 300l. Fine set.
Except these two Cases, the Author (who frequently attended there for three or four Years to take Reports) cannot call to mind any other Case remarkable; but many were the Complaints by way of Libel (that Court proceeding according to the Civil Law) against others, for giving a Gentleman words tending to the defamation of a Family well descended.
As for instance, One Brown set forth in Libel his Descent; that another Person, in way of defamation, said, he was no Gentleman, but descended from Brown the great Pudding-eater in Kent: but it appearing he was not so descended, but from an Antient Family, he that spoke the words underwent the Sentence of the Court, and decreed to give Satisfaction to the Party complaining.
In another Case, a Citizen of London was complained of, who going to a Gentleman, well descended, for some Mony that was due unto him; the Gentleman not only refused to pay him the Mony, but gave him hard words; then said the Citizen, Surely you are no Gentleman that would not pay your Debts, with some other reflecting Language; and the Citizen underwent the Censure of the Court.
The Author can give no further account at present of the Proceedings in that and other Cases; but if he be permitted to proceed, he will supply this defect in his next Remains.
Yet the Reader is desired to excuse a little Digression out of Time, to give some small account of this Court of Honour, and what passed concerning the same in the beginning of the Parliament, which met the third of November 1640, when several Petitions, by way of Complaint, came to the Parliament against the Proceedings of this Court; which being read, were referred to a Committee, viz. To
- Mr. Selden.
- Mr. Hollis.
- Mr. Hide.
- Lord Faulkland.
- Dr. Eden.
- Mr. Palmer.
- Sir John Culpeper.
- Mr. Mainard.
- Dr. Parry,
- And others.
To whom this Power was given to receive all Petitions that shall be brought unto them, concerning the High-Constable and Earl-Marshal's Court, and to enquire after the Fees of the High-Constable and Earl Marshal's Court, and the Herald's Fees; and to consider of the Proceedings and Power of the High-Constable and Earl-Marshal's Court, and to report the state of the whole Matter to the House.
Mr. Edward Hide being called to the Chair by this Committee, made a Report from them to the House.
- 1. That the Constable and Earl-Marshal's Court have no Jurisdiction to hold Plea of Words.
- 2. That the Earl-Marshal can make no Court without the Constable.
- 3. That the Earl-Marshal's Court is a Grievance.
All which Opinions of the Committee, the House confirmed by several Votes agreeing with them therein.
And further Power at this time was given to the Committee, whereof Mr. Hide was in the Chair;
- 1. That they do consider who they are that are guilty of this Grievance by the Earl-Marshal's Court.
- 2. To consider of the Nature of the Crime which they are guilty of.
- 3. That they prepare and draw up a Charge to be transmitted to the Lords, against those who have thus, to the Grievance of the Subject, usurped this Jurisdiction.
Concerning the Forest in Essex, &c.
We did forget to mention, in order of Time, some Proceedings concerning the Forests in England, especially in the County of Essex, before the Justice in Eyre, and those joined in Commission with him; against whose Proceedings the Country made grievous Complaints, that the Meets, Meers, Limits and Bounds of Forests were adjudged by them to extend further than they were taken to be in the 20th Year of King James, and contrary to those Bounds by which the Country had enjoyed them near the space of 300 Years; and also complained that the said Court, to effect their Design, did unlawfully procure undue Returns to be made by Jurors, in joining with them other persons who were not sworn; the Court also using threatning Speeches to make them give a Verdict for the King.
And when the Country, who found themselves hardly dealt withal, did desire to traverse the Proceedings against them, having just Cause to except against the Evidence; yet the Court denied the same, except what they should verbally speak. Whereupon the Council for the Country told the Justice-Seat, That their Proceedings were contrary to Law, and to the Charter of the Liberties of the Forests, and other Charters, and divers Acts of Parliament. Nevertheless the Court obtained a Verdict for the King; at which time the Justice-Seat was called by Adjournment to sit, and continued sitting, to maintain and confirm the Verdict given against the Country.
It so happened, that when the Court was to declare their final Decree and Sentence against the People inhabiting in the Forests in Essex, sitting then at Stafford-Langton near Bow, about three Miles distant from London, that there came a drove of Calves passing through the Town towards London; and when they were at the open place in that Town over against the Justice-Seat, they sullenly made a stand and a great bleating, with such an united and unmeasurable noise, as the Court could not hear themselves to declare what was intended in giving Judgment: so that after they had forebore speaking till the noise was over, and the Calves with much difficulty removed towards London, then the Court proceeded to give their final Sentence, as to the Forests in Essex, against the Country, by which many Inhabitants were fined great Sums of Mony, or forthwith to depart from their Houses and Estates, and retire out of the Forests, for that they were found, by Verdict given against them, to have encroached upon the Forests.
There is one Circumstance, which to divert the Reader, is mentioned, That a Knight of the County of Suffolk, having Lands within the Forest, (upon this occasion) told a Knight of the County of Essex, That the Essex-Calves did make that bleating, as if the dumb Creatures did understand that Sentence was to be pronounced against the Inhabitants in the Forest in whose Grounds they fed. But the Essex Knight took exception to the words [Essex-Calves] and told the other Knight they were Suffolk Calves driven through Essex; therefore said the Essex Knight, Let not Calves hereafter be cast upon Essex alone, but let Suffolk bear a share.
Here followeth a further account of what was registred by Sir Alex. Gibson, in the Year 1641, His Majesty being then present at the Parliament at Edinburgh, who was pleased to give his consent in that Parliament to the confirmation of the Treaty between both Kingdoms; which corroborates all the Proceedings that were at the Treaty at Rippon, and afterwards at the Treaty at London: which account will not be unacceptable for the Reader to be informed of for his better understanding the future History, tho now a little out of time.
Apud Edinburgum, Jan. 14. 1640.
Instructions upon production of the King's Letter.
Act anent the continuation of the Parliament to April 13. 1641.
Apud Edinburgum, April 13. 1641.
Instruments upon production of the King's Letter, and Protestation of the Estates.
Act anent the continuation of the Parliament to May 25. 1641.
Apud Edinburgum, May 25. 1641.
Instruments upon production of the King's Letter, and Protestation for the Estates.
Act anent the continuation of the Parliament to July 15. 1641.
Apud Edinburgum, July 15. 1641.
Concerning the Government Civil.
July 16. 1641.
A Committee for Ordering the House of Parliament.
19 Julii 1641.
A Letter from the Estates of Parliament to the Commissioners at London.
Articles agreed upon by the Estates for ordering the House of Parliament.
27 Julii 1641.
Commission and Warrant for concluding and subscribing of the Treaty.
Penultima Julii 1641.
Commission for examination of Witnesses at London, upon the Libel against Incendiaries.
4 Augusti 1641.
Act and Proclamation for apprehending the Incendiaries.
10 Augusti 1641.
Ordinance of Parliament for meeting and receiving the King's Majesty.
Warrant to the Lord Yester and others under-written, for seeing of the Rolls and Accounts in the Castle.
13 Augusti 1641.
Warrant for one Proclamation discharging all Noblemen who are cited to the Parliament, and have not subscribed the Covenant-Band for maintenance of the Acts, and tane the Oath, to have Place or Voice in Parliament.
Ordinance for giving Information to his Majesty of all that is past heretofore in this Session of Parliament.
Apud Edinburgum, Aug. 17. 1641.
The King's Majesty present in Parliament.
18 Augusti 1641.
Act anent the Oath to be given to every Member of Parliament.
24 Augusti 1641.
Instruments tane by the Lord Lowdon upon the production of the Treaty, and others after specified, and mentioning the 220000l. of Brotherly Assistance from England.
26 Augusti 1641.
Act anent the Ratification of the Articles of the Treaty superscribed by the King, and superscribed by the President of Parliament.
The King's Commission is recited.
And in like manner a Commission hath bin granted by the Committees of this Parliament of Scotland, bearing Date the last of October, and the 4th Day of November 1640. and in the words following.
We the Commissioners of the Parliament of Scotland, &c.
Articles of the large Treaty concerning the establishing of the Peace betwixt the King's Majesty and his People of Scotland, and betwixt the two Kingdoms, agreed upon by the Scotish and English Commissioners at the City of Westminster, the 7th day of August 1641.
Concerning an Act of Pacification and Oblivion.
The Propositions and Articles given in by the Scotish Commissioners, after the Lord Loudon his return from the Parliament of Scotland, in twelve Articles.
The English Lords Commissioners answer to twelve Articles. And the King's Assent.
Orders of the Parliament anent the disbanding of the English Army.
Instructions by the King's Majesty, and Estates of Parliament of Scotland, to the Lord Maitland, That both the English and Scotish Armies disband at one certain day.
2 Septemb. 1641.
Act anent incovenanting Patrons.
14 Septemb. 1641.
Act containing the Form and Words to be subjoined to the exemplification of the Treaty under the Great Seal.
Carolus Dei Gratia, Scotiae, Angliae, Franciae, & Hiberniae Rex, &c.
18 Septemb. 1641.
Warrant for printing the Articles of the Treaty.
28 Octob. 1641.
Committee anent the Commotions in Ireland.
1 Novemb. 1641.
Anent the Commotions in Ireland.
Order of Parliament for recalling of the Marquess of Hamilton, Earls of Argile and Lanerick, to the Parliament.
6 Novemb. 1641.
Order of the Creation of the Lord General to be Earl of Levyn.
Act in favour of the Prince Elector Palatine, for 10000 Foot to be sent into Germany.
Commission for receiving of the Brotherly Assistance from the Parliament of England, viz. 220000l. Sterling, conform to the Articles of the Large Treaty.
16 Novemb. 1641.
Commission for conserving the Articles of the Treaty.
Commission anent the Articles referred to consideration by the Treaty. Commission for Revising the Registers and Records.
The Lord Chancellor Loudon, the Earl of Argile, the Earl of Lauderdale, and Clerk Register, Commissioners to revise and look over all the whole Registers and Records of Parliament, and all other Records, and to make Inventories and Registers thereto, saving the Right of the Register's Place, with all Profits incident thereanent.
17 Novemb. 1641.
Warrant to the Secret Council, for giving Instructions to the Commissioners for the Remainder of the Treaty.
Act appointing the next Parliament to convene the first Tuesday of June 1644.
These before. written Acts, Ordinances, and Statutes, of the aforesaid Parliament, are Collected, Revised, Recorded, and Booked, by me Sir Alexander Gibson younger, of Dury, Clerk of our Soveraign Lord his Rolls, Register, and Council, witnessing hereunto my Sign and Subscription Manual.
Alexander Gibson, Cler. Regis.
Titles of PROCLAMATIONS, &c.
Pro Anno 1638.
By the KING.
York, April 9.
Aproclamation declaring his Majesty's Gracious Pleasure touching sundry Grants, Licences, and Commissions, obtained upon untrue Surmises.
Whitehall, March 25.
A Proclamation concerning Tobacco.
Berwick, June 10.
A Proclamation to restrain the transportation of Butter out of this Realm.
Berwick, July 7.
A Proclamation for the better Regulation of the Offices of Clerk of the Market, and Water-Bailiff; and to restrain the execution of the Charter of Brick, and Tile-makers; and to redress Abuses in the farming out of the Issues of Jurors.
Westminster, August 11.
A Proclamation publishing an Act of State, and his Majesty's Command concerning a scandalous Paper lately dispersed among many of his Subjects.
Whitehall, August 19.
A Proclamation declaring his Majesty's Pleasure to continue his Commission, and Letters Patents for Licensing Retailers of Tobacco.
Whitehall, Decemb. 14.
A Proclamation prohibiting the Making or Wearing of Demicasters, and the Vesing or Mixing of any Wooll or Stuff with Beaver, in the making of Beaver-Hats.
Whitehall, Decemb. 7.
A Proclamation to enable the Transportation of Butter from the Northern Parts, according to his Majesty's former Licence.
York, May 5.
A Proclamation for the better ordering the Transportation of Clothes, and other Woollen Manufactures into Germany and the Low-Countries; and to restrain the Transportation of Wooll, Wooll-Fells, Woollen-Yarn, Fullers-Earth, and Tobaccopipe-Clay.