A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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Articles of treattie, August 12, 1643.
Wee the commissioners appoynted by both houses of parliament of England, are by our instructions commanded to put there breitherin of Scotland in mynd, that the popisch and prelatical factiones, which began with them about thir yeares 1638 and 1639, and then intrudeit to mak way of the ruine of the kingdome of England by theres, have not abated any part of thair malice toward the nation and church of Scotland, nor are at all depairted from their designe of corrupting and altering religion through the whole illand; thoch they have inverted the maner of their proceeding, conceaveing now, that they have an easier way to destroy them, if they may first prevail over the parliament and kingdome of England.
In which respect it is the desire of both houses, that the two nations may be strictlie joyned and united together, for the mutuall defence against the papists and there prelaticall faction and there adherentes in both kingdomes, and not to lay doun armes, till those there implacable enemies sall be disarmed and subjected to the authoritie and justice of parliament in both kingdomes respectively. And as ane effectuall meane heirwnto, they desire ther brethren of Scotland to raise a considerable strength of horse and foote for ther aide and assistance, to be furthwith sent against the papistis, prelaticall faction, and others ther adherents now in armes in the kingdome of England.
And for the better incuragement of the kingdome of Scotland wnto this necessarie, and so much desired union and conjunction, we are by both houses authorized to assure ther brethrein, that if they sal be annoyed or indangered by any force or armie, either from England or anie other place, the lords and commons of England will assist them with a proportionable strength and force of horse and foote, to what ther brethrein shall now afford them to be sent into Scotland for the defence of that kingdome from the invasion of the Irish rebells or other enemies, dureing such tyme as the Scottis army sal be imployed in the defence of the kingdome of England.
And to the end, that nothing sould be wanting in the parliament and kingdome of England to facilitate this worke, wherin the true reformed religion not only in these two kingdomes, bot throughout all Europe is so highlie concerned, wee are further authorized to consider with the brethrein the estates and kingdome of Scotland, of what other articles or propositiones ar fit to be addit and concludeit, wherby this assistance and union betwixt the two nations may be made more beneficiall and effectuall for the securitie of religion and libertie in both kingdomes.
All which being taken into the serius and christian consideration of the richt honourable the lords and otheres of the convention of the estates of Scotland, wee heope there will not neid any argumentis or motives to perswade or exceit them to give ther consent, and that with all convenient speed, to the desires of both houses of the parliament of England, seing they have now fullie declaired, as by what they have done alreadie, so by what they are yet desireous to doe, that the true estate of this caus and quarrell is religion, in the reformation whereof they are and have bein so forward and zealous, as that there is not any thing expressed to them by thair brethrein of Scotland by ther former or letter declarationes, which they have not seriously takin to heart, and earnestly endeavoured to effect, notwithstanding the subtill, malicious, and industruous oppositions, that so the two kingdomes micht be brought into a neir conjunction, into one forme of church government and directorie of worship or catechism, &c. and the foundatioun layed of the utter extirpation of poperie and prelacie out of both. The most ready and effectuall means whereunto is neir conceaved to be, that both nations should enter into a strict union and league for thair mutuall defence, according to what is alreadie expressed in the desires of both houses.
And to induce the perswasion of this (if ther wer cause) wee micht observe, that in the many declarations made be the generall assemblie or estates of Scotland, since the beginning of these commotions in this illand, to thair brethrein in England, there have bein sundrie expressions manifesting the great necessitie, that both kingdomes for the security of thair religion and libertie sould joyne in this strict union against the papistis, prclates, and ther adherents, and in the endeavores of ane uniformitie betwixt the churches of both kingdomes; the apprehension and foresight of which haith caused the popish and prelaticall faction in forraine parts, as weill as in these his majesties dominions, strictly and powerfully to combyne themselves to the hinderance of this so necessary a work, and the universall suppression of the protestant religion in Europe: a course not much different from that, which they took in the year 1585, when the wisdom and zeale of this nation to countermyne so wicked a conspiracy, and from the due sense of the mutual interest of these two kingdomes in religion and libertie, fund a necessity of entering into a league of this nature, als weil considering that therby no lesse saistie micht be expected to both nations, then danger by forbearing the same.
And thogh we doubt not in so necessary a good worke many difficulties may aryse, to dissapoynt or at least retard the same, till the disease become desperate; yet wee are als confident, that the heartie and brotherlie affection of this nation to the parliament and kingdome of England will easily breake thruch them, and the rather, because in the lyk cases of difficultie and danger, as not only at the tyme of the league abovementioned, but not long befoir and lykewyse since, when any opportunity hath offered itselff, particularly dureing the sitting of this present parliament, the kingdome of England haith bein verie readie and willing to lay to heart the dangeres of the kingdome of Scotland as thair owin, and to deduce no meanes in the reach of thair power for redres or prevention of the same.
August 12, 1643.
Wee the commissioners appoynted by both houses of the parliament of England, are by our instructions commanded to represent to thair brethrein of Scotland, the great miseries and calamities brought upon that church and kingdome of England by the (fn. 1) effection of papists and prelates, wherby they are dissabled for the present to mak payment of those greate debts owing to this kingdome for the remainder of the brotherly assistance, and for the arrers of the army in Ireland. Notwithstanding of which, wee are commanded to take care for the stateing and satling all debtis, accompts, and demands betwixt the two nations of England and Scotland; and when the samyn sal be reduced to certaintie, wee ar to treat and compound for the tyme and maner of satisfaction for the said debts; and first touching the remander of the brotherly assistance, forasmuch as the . . . . . upon the subjects and people of Scotland begun and presented in the years 1639, 1640, and 1641, was procured by the faction of papists, prelats, and ther adherentes, which occasioned the comeing in of thair bretheren into that kingdome; and for the ingadgement thairupon made for thair satisfaction, wee are commanded to signifie, that both houses of parliament doe therupon think it most just and reasonable, that sufficient lands of papists, prelates, and such other malignants as have adhered wnto them, be by the directione and appoyntment of both houses set furth, out of which recompence shall be made for the forbeareance of that money, wntill such tyme as satisfaction be given for the discharge of all the said debt, with the interest due wpon the samyn. And as for the arrears due wnto the Scottish army in Ireland, wee are to desire, that since it is impossible for the state of England by reason of the manifold troubles and burdings, which lye upon it, to mak present payment, they would therfoir think of some other way, how satisfaction to thair content may be made, ather out of the confiscat lands in Ireland by way of adventure, according to the rates and proportions, at which they are to be delivered to the Englisch adventurers; or els by estalment at four equall payments, within two years efter peace sal be setled in England; or in provision of victuall and apperell to be delivered at reasonable raits within this kingdome or elsequhair, or in any other way within the power of the two houses; it being ther earnest desire to give thair brethrein full contentment thairin, so far as God shall enable them therto. In pursueance wheroff wee are authorized to treat and conclude for the discharge of both the afoirmentioned debts, and such further payments as shall grow due, wntill satisfaction be made in any of the wayes befoir specified. And in case thair brethrein shal not approve of any of these wayes, wee are then to receave any such further, or any other propositiones concerning the samyn, as in thair wisdomes shal be thocht fittest. Wee are also to mak knowen to thair breithrein of Scotland, that by reason of these wnexpected trubles in England, that nation is lykwyse altogidder disabled to countinance the charge of the armie in Ireland. Least therfoir it should become too great a burden to this nation, by the dissabilitie of payment from England, wee are to desire, that the said armie may be dismised from that service in some some short tyme; only such garison to be keiped on foote, as ther breithrein shall think fitt to retaine for the guard of Carictfergus and Collerane, according to the treatie in that behalfe made.
Articles of the treatie agreid upon betwixt the commissioners of the convention of the estates of the kingdome of Scotland, authorized by the committee of the said estates and the commissioners of both houses of the parliament of England, haveing power and commission from the said houses concerning the solemne league and covenant, and the assistance demandit in the pursueance of the ends expressit in the samyn.
Wheras the two houses of parliament of England; out of a just and deip sence of the great and imminent danger of the trew protestant religion, in regard of the great forces of papists, prelats; malignants, and ther adherents, raised and imployed against the constant professors thairof in England and Ireland, thoght fitt to send ther commissioners unto the kingdome of Scotland to treat with the convention of estates and generall assemblie there concerning such things as micht tend to the preservation of religion; and the mutuall good of both nations; and to that end, to desire a more neire strict union betwixt the kingdomes, and the assistance of the kingdome of Scotland, by a considerable strenth to be raised and sent by them unto the kingdome of England: And wheras upon a consultation held betwixt the commitees of the convention of estates and generall assemblie; and the commissioners of the parliament of England, no meanes was thought so expedient to accomplish and strenthen the union, as for both nations to enter into a solemne league and covenant, and a forme thereoff to be drawen and presentit to the convention of estates, and generall assemblie of Scotland, and the two houses of parliament of England, which haith accordingly bein done, and received there respective approbation: And whereas the particulares concerning the assistance desired be the two houses of parliament of England from ther breithrein of Scotland wer deliverit in by the Englisch commissioners (August 19,) to the convention of estates, who did therupon give power to ther committie to consider and debate furder with the Englisch commissioners of what other propositions micht be addit or concludeit, wherby the assistance desired micht be made more effectuall and beneficiall; and in pursueance therof these propositions following wer considered of and debated by the committie and commissioners foirsaid, to be certified with all convenient speid to the convention of the estates of Scotland, and the two houses of the parliament of England, by there respective commities and comissioners, to be respectively taken into ther consideration and proceided with, as they should find caus; which being accordingly done, and these ensueing propositions approved, agreid, and concludeit off by the committie of the estates of Scotland and the houses of the parliament of England respectively, and power by them geven to ther respective comitties and comissioners formally to agrie and conclude the samyn, as may appeare by the ordour of the committie bearing dait 17 November, and by the vottes of both houses daited 1 November; wee the said committee and commissioners, according to there said ordoures and vottes, doe formally conclude and agrie upon these articles following, and in confirmation theroff doe mutually subscryve the samen:
I. It is agreid and concluded, that the covenant represented to the convention of estaites and genarall assemblie of Scotland, and sent to both houses of the parliament of England in the same forme, as it is now returned from the two houses of the parliament of England to there breithrein of Scotland, and allowed by the committie of estates and commissioners of the genarall assemblie, be sworne and subseriveit by both kingdomes, as a most neir tye and conjunction betwixt them foir their mutuall defence against the papists and prelaticall factione and there adherents in both kingdomes, and for pursueance of the ends expressit in the covenant.
II. That ane armie to this purpose shal be levyed furthwith, consisting of eghtein thowsand foote effective, and tuo thowsand horse, and on thowsand dragouneres effective, with a suteable traine of arteillarie, to be readie at some generall rendevous neir the borderes of England, to march into England for the purposes foirsaid, with all convenient speid, the said foote and horse to be weill and compleitly armed and provided with victualls and pay for fourtie dayes, and the said traine of arteillarie to be fitted in all poynts to merch.
III. That the army be commandit by a generall appoynted by the estates of Scotland, and subject to such resolutions and directions as are and shal be agreid and concluded on mutually betwein the two kingdomes, or by committies appoynted by them in that behalff for pursueance of the ends above mentioned.
IV. That the charge of levyeing, armeing, and bringing the said forces togidder furnisched, as also the fitting the traine of arteillarie in readines to merch, be computed, and set down according to the same reats, as if the kingdome of Scotland were to rase the said armie for themselffes and ther owin affaires; all which for the present is to be done by the kingdome of England upon accompt, and the accompt to be deliverit to the commissioners of the kingdome of England, and when the peace of the two kingdomes is setled, the same to be repayed or satisfied to the kingdome of Scotland.
V. That this armie be lykewise payed, as if the kingdome of Scotland wer to employ the samen for ther owin occasion, and toward the defraying thereoff (it not amounting to the full monthes pay) shall be monthlie allowed and payit the sum of thretie thousand pund sterl. by the parliament of England out of the estates and revenews of the papists, prelats, malignants, and ther adherents, or otherwise; and in caice the said threttie thousand punds monethly, or any pairt therof be not payed at the tyme when it shall become due and payable, the kingdome of England shall give the publict faith for paying the remainder unpayed, with all possible speid, allowing the rait of eicht pund per cent. for the tyme of the forbearance thairof; and in caice that notwithstanding the said monethlie sume of 30000 lib. payed as afoirsaid, the estates and the kingdome of Scotland shall have just cause to demand further satisfaction of ther breithrein of England, when the peace of both kingdomes is satled, for the pains, hazard, and charges they have undergone in the same, they shall be way of brotherlie assistance have due recompence made wnto them by the kingdome of England, and that out of such lands and estates of the papists, prelats, malignants, and ther adherents, as the two houses of the parliament of England shall think fit; and for the assureance heirof, the publict faith of the kingdome of England shall be geven them.
VI. And to the end the said armie in maner foirsaid may be enabled and prepared to merch, the kingdome of England is to pay in readie money to ther breithrein of Scotland, or such as shall have power from the estates of that kingdome, the sume of 100000 pund sterl. at Leith or Edingburgh with all convenient speid by way of advance befoir hand, which is to be discomptit bak agane into the kingdome of England by the kingdome of Scotland upon the first monethlie allowance, which shall grow due to the Scottisch armie from the tyme they shall mak thair first enterance into the kingdome of England.
VII. That the kingdome of Scotland, to manifest ther willingnes to ther utmost abilitie to be helpful to ther breithrein of England in this common cause, will give the publict faith of the kingdome of Scotland to be jointlie made use of with the publict faith of the kingdome of England for the present taking up of 200000 lib. sterl. in the kingdome of England, or elsquhair, for the speidie procureing of the said 100000 lib. as afoirsaid; as also a considerable sume for the satisfieing in good proportion the arreares of the Scottis army in Ireland.
VIII. That no cessation, nor any pacification nor agrement for peace whatsomever, shall be made by ether kingdome or the armies of either kingdome without the mutuall advyse and consent of both kingdomes, or ther committies in that behalf appointed, wha are to have full power for the same, in caice the parliament or convention of the estates of Scotland, or the houses of parliament in England shall not fit.
IX. That the publict faith of the kingdome of Scotland shall be given to the kingdome of England, that nather ther enterance in nor ther continowance in the kingdome of England sal be made use of to any other ends, then are expressit in the covenant and articles of this treattie; and that all maters of difference, that shall happin to arise betwein the subjects of the two nations, shal be resolved and determined by the mutuall advyce and consent of both the kingdomes, or by such commities as for this purpose shal be by them appoynted, with the same power as in the precedent article.
X. That in the same maner, and upon the same conditions, as the kingdome of Scotland is now willing to ayde and assist thair breithrein in England, the kingdome of England doeth obleidge themselffes to ayde and assist the kingdome of Scotland, in the same or the lyke caices of straits and extremities.
XI. It is agreid and concluded, that dureing the tyme the Scotts armie shal be employed as afoirsaid for the defence of the kingdome of England, there shal be fitted out as men of warre eicht shipes, wheroff sax sal be of burden betwixt 120 and 200 tun, the other betwixt 300 and 400 tun, wherof two shal be in leiu of the two shippes appoynted by the Irisch traittie, all which shal be maintained at the charge of the kingdome of England, to be employed for the defence of the coast of Scotland under such commanders as the earle of Warwick, for the tyme of his being admirall, shall nominat, with the approbation of the committies of both kingdomes; which commanderes shall receive from the said earle generall instructions, that they doe from tyme to tyme observe the directions of the committies of both kingdomes.
Sir Arch. Johnestoun,
Sir Adam Hepburne,
Sir John Smith,
Sir William Armine,
Articles of the treatie agreid wpon betwixt the commissioners of the convention of estates of the kingdome of Scotland authorized by the committie of the saids estates, and the commissioners of both houses of the parliament of England haveing power and commission from the said hon. houses concerning the satling of the toun and garison of Berwick. (fn. 2)
Whereas the commissioners of both houses of parliament of England have receaveit authoritie fra the saids houses, to treat with the convention of estates of Scotland, or these who should be appoynted by them, concerning such things as micht tend to the mutuall peace and benefeit of both kingdomes in this common danger of religion and libertie; and conceaveing it necessary thereunto, that some spedie course should be takin for the securitie of the toun of Berwick upon Tweid for the present, and satling it in such a way for the future, as may give satisfaction to both kingdomes, and may best conduce to ther mutuall interest, as appears by their paper of the fourth of September delivered to the committie: And for as much as it haith bein thoght fitt by the hon. committiee of convention of estates for this purpose, to authorize there comittie to treat and debate with the commissioners of the parliament of England concerning the samyn, wherupon the saids commissioners and committies taking it to ther serious considerations, consented and agreid the several propositions following should be with all spaid represented by them respectively unto the two houses of the parliament of England, and to the hon. committie and the convention of Scotland, as an effectuall meanes for the future satling and secureing the said toun; which representation being accordingly made, and these ensueing articles agreid and concludeit on by the houses of the parliament of England and the committie of the estates of Scotland respectively, and power given by them to ther respective committies and commissioners to setle that toun and garison, according to the said articles, as may appear by an ordour of the saids houses daited October 27, 1643, and ane ordour of the said committie dated 17 November; wee the saids commissioners and committie doe formally conclude and agrie upon these following articles, the which wee mutually subscrive.
It is agreid and concludeit, that ther shal be placed furthwith in the toun of Berwick, by the mutuall advice and consent of both kingdomes, a garison of the Scotts nation; the governor and prime officeris thereoff to be approved be the two houses of the parliament of England or their commissioners in that behalff appoynted.
This garison to consist of six hundred foote, and two troupes of horse, sixtie in a troupe, besides the officeris, or les or more, as shall from tyme to tyme be thoght fit by the two kingdomes or there committies appoynted in that behalff; the which garison is to be pairt and payed as a pairt of the Scottish army, which according to the grounds of the covenant and treatie being mutually agreid wnto, they are to bring into England for the ayde and assistance of there breithrein. And becaus it is intendit, that the said army (beside the said garison) shall be the full number at leist, which is proposed in the treatie, and that these men, foote and hors, will be ane ovir burden, in respect that the 30000 lib. is not a full monthlie pay of the army, and the charge of the afoirsaid garison by estimat will aryse unto 1500 lib. monethlie or therabouts; it is therfoir agreid and concluded as just and reasonable, that in regard of the new charge the said 30000 lib. monthly to be allowed to the armie should be made wp 31000 lib.
That the publict faith of the kingdome of Scotland shall be geven to the kingdome of England, that when the peace of the two kingdomes shal be satled, ther shal be no garison in Berwick, but the work slighted, and the places dismantled, so as all monument, tokens, and shawes of hostilitie be taken away, according as is speciallie provideit and agreid to betwixt the tuo kingdomes by the articles of the large treatie; and that dureing the tyme the garison foirsaid sal be and remane in the said toun, the liberties, properties, and priviledges of the said toun in thair person, estates, or politique governement sal be menteined and preserved inviolablie wnto them without any molestation or infringement; and if any differences sal happin to arise in and about the same, they sal be satled and determined by the advise of both kingdomes or there committies in that behalff appoynted. And to the end, that in the meane tyme the said toun may not be surprised by the said papists and ther adherents, it is furder agreid, that the committies of both kingdomes shall mutu ally employ thair care and endeavour to secure the said toun, till it shall be satled in manner afoirsaid.
Sir Arch. Johnestoun,
Sir Adame Hepburne,
Sir John Smith,
Sir William Army,
Sir William Armyne,