A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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Letter from generall Baillie, — directed thus:
This day at mid-day I ressaved your lordship's letter of the 6th Jan. for answer to which (fn. 1) and theese an Invernesse in (fn. 1) I am altogether ignorant be able to put the rebelles to the hills; and if the earle of Crawfurde, the earle of Callender, the lord Meatland, and Elchoes regiments war strenthened from thaire severall schyres, my humble opinion to your lordship sould be, that ze might (and by God's grace) without prejudice, suffer the earle of Glencairne's regiment to returne into England. Zitt in regaerd of the weaknes of thir other regiments, and of my resolution to obey zour last comand, they cannot now remouwe without zour lordships speciall comand.
The house of Monesse was recouvered by the maester on Tewsday last, as the laird of Wime Wrytethe, and this day 12 of the clok 1. collonell Pitscottie is mertched to Wintoll Gaerntily. As I suppose he cannot be heer befoir Veddensday att night att soonest, and thairfor I think we can hardly go on the other expedition befoir Monday the 20th of Jan. In the mean tyme I fall be glaide to kno, if thaire be any in theese pearts, quhom your lordship wold, upon any termes, exempt from fyre, and the extremeties of hostiletie, if itt please God it be faisible.
My lord, I presume againe to present unto your consideration, quhidder or not the lord Balcaries regt. or the equivalent of others, be not horsemen aneughe for this service, being weell disposed of and asisted by the gentrie in the severall quarters. If your lordship think itt not fitt to remouwe the rest att this tyme, I wishe ze might be pleased with re mouving the earle of Laenrik's regt. farder north, and bringing Balcaries into Peerthschyre and Anguse.
The armes thatt ware sent unto Dumbartane came leate for the (fn. 2) soldatesque; and it was not possible to bring them bake then: thairfor I left ordor to carie them into the castle; from thence I think thi fall not be sent bott by yor lordships speciale command to thatt committee, for which I do earnestly intreate yow, if ze wold not rather send als many heer from Edinburgh.
My lord, I heere there is sume provision of meell heer for the soldat, bott if it were possible, I sould wishe lykwayes there ware sume monnies for the poore officers, quha can hardly hawe any thing upon trust in thir pearts. In thir things I will expect zor lordships pleasure, and remaine
A paper about the treaty at Uxbridge.
Because it is the more hopeful way to settle the kingdom in the best posture attainable. The reason of this (besides the evident prognostics of a continued war as we are, and with the further danger of an open door for a foreign enemy) is, because that party, which especially contests for the honour of Christ, is rather to expect the worst, seeing the prophecies both of the Old and New Testament, which point at these latter times, point out tribulation &c. as the saints portion, until the four monarchies expired, Christ's kingdom be set up. So that the more our persuasions are, that we fight against the beast, and the nearer we conceive his fall to approach, the stronglier we may conclude, that the contrary power shall overcome.
If it be alledged that peace is no less dangerous, seeing even by it also the perishing of many is foretold; I answer by concession, inferring only the vanity of imagining exemption from what is determined, and the necessity of prudent disquisition, which is to be chosen when both seem to offer themselves; concluding only, that if we can hopefully obtain that by peace, which we may in the same probability by war, that the former is to be preferred if it may be firm; seeing that grievous words do but stir up strife, and severity even of fathers may provoke, but courteousness, and gentleness, and peaceableness unto men, even to the utmost line of possibility, is naturally aptest to beget reciprocation, and from divine institution most warranted to expect a blessing.
But the grand objection is, we are not to go on in the most promising course for success, but to be ballanced by duty; which is, that we relinquish not the cause of religion and liberty in agitation, and the bringing of delinquents to condign punishment; in which endeavours we ought rather to give up all, even life itself, than yield on other terms. To which I answer by concession of the proposition candidly understood, and considering of the assumption according to the three branches of duty instanced.
1. That for religion, 'tis better to die in hope of a better resurrection, than accept deliverance with forfeiture of a good conscience. But the case is not any practise of religion in particular, but the enjoyment of liberty in its practise, which is properly to be referred to state policy, and to be decided according to the grant of the efficacy of that vote, which shall be resolved proper to the king.
2. And by the same is the liberty controverted to be settled; unto which resolution, if our positive laws satisfy not, the fundamental constitution of the kingdom, with the power thence derived unto the heads of the two parties now at difference, i. e. the king and the two houses respectively, is to come in. And the issue respecting the included on all hands is, that who actively stand off from yielding passively, must submit, resting satisfied in their endeavours.
3. The case of delinquents in God's law is, that execution of justice be subordinate to man's good, the good of the public, even in the cases of murder and rebellion, as both Moses and Christ have fully cleared, that God only requires that last remedy, when man cannot be secured by any other, and this, only when the sons of Zeruiah are not too hard for us.
2. Liberty, and the fortress thereof the militia, falls under the same notion; which settlement therefore is to be as firm as particular, positive, stated, or fundamental (which now may do well to become positively stated) law can make, and beyond this line none to move, upon any occasion, at the utmost perill.
Supposing the interest of the magistrate in keeping both tables, which our present state challenges, I only note, that whatever liberty belongs to a man, as a subject, the state need not scruple to grant, nor ought to deny, or make laws in prejudice thereof, any more than prerogative and priviledge duly bounded may by law be countermanded. I answer then in particular:
The papist is punishable for offence against his neighbour, and therefore possibly not to be permitted by that state, which conceives any thing in his religion, to engage him against this duty, till there be security satisfying, if the state so please and be so powerful. In case of offence against the first table, as a papist, he only falls under the 2d command, which prohibits his idolatry; the mass therefore, even to whomever, ought not even by a connivent law to be publickly tolerated. And an act of this idolatry against the 2d command, by lawful process judicially decerned, may not be exempt from censure, yet is not liable to death, by any parrallel in Israel's policy, only as swearing, &c. according to the magistrates prudence; yet by no means by way of composition is allowance of liberty to be yielded him.
The prelatist, if he adhere to his liturgy, publick liberty is not due, sith a prejudice to other Christians. His actions, which are directly idolatrous or superstitious, come in account as the papists; and where the interpretation is doubtful, he is to be allowed to give his reason, and accordingly to be proceeded with.
The independant, anabaptist, antipædo-baptist and seeker, who thinks all ordinances lost, for any positive offence against that which is the received way of the state, are not at all punishable, as such, sith none of their principles, candidly examined, engage them in direct opposition to either table in any branch. This or that form of government ecclesiastical, or worship of God, according as any of them holds it out, if they be private, and civilly peaceable, entrenches not on just liberty; though the state may countenance by maintenance and publick assembly, and ought, that only, viz. in the whole bulk, which is its own judgment, with latitude to others according to degrees of differing.
And the negatives, or recusancies of all these sects (for I use all these words to offend none, but to distinguish only) being not against the substantials of profession, but only against it so and so circumstantiate, will have much ado to find a standing rule in all the scripture, to parrallel the censures of the civil magistrate on them thereby.
And to conclude all, I offer only the view of the flourishing and security of Holland; and the most urgent necessity, that a preaching ministry all over the kingdom be encouraged, rather than the many punctilios of the desired uniformity prosecuted; and that if we drive from among us the dissenters (supposed erroneous, which cannot be absolutely concluded by us of them all, by any rule, we yet have, and they want, whereby to try our own certainty) we may indeed ease ourselves from the trouble of them, but we put it upon our neighbours where they shall go, and possibly occasion the dishonour of God more by sending them where they may do more harm, and repelling them from better instruction, which here might be afforded them.
For the general of his majesty's army.
I am commanded by both houses of the parliament of England, and desired by the commissioners of the kingdom of Scotland, to send to you this their further answer (fn. 3) to his majesty's message of the 13th of December last, to be presented unto his majesty.
Letter from generall W. Baillie, — directed thus:
Itt will please zor lordship kno, that the house of Gaerntlie, quhilk my lord Burghly intendit to hawe vittelled by thatt peartie, whiche went out on Fryday last att ane of the cloke, was recouvered by the men of Athole on Setterday att night, the peartie being 0,00,04,34 874 874 0 0 lodgt, as I am informed, within six miles of them. The way your lordship fall kno, quhen I speeke with the I. collonell. If zor lordship intend the prosecution of quhatt ye wrett last, I pray yow send over the ingeniure vas with my lord Marquis, or any better, least thair may be need of ane; and by letting me kno yor lordship's ansueir to the particulars of my last, obledge
Letter from generall W. Baillie, — directed thus:
Yisternight I ressawed 2 of your lordship, and hawe givin order for assisting capt. Stewart and Mcknab, conforme to your commands; yitt I sie not how theese brea Companies sall be serviceable in heast, Downie as yit not haveing ane man on foot. Thoghe the regiments heer be waeke, yitt I did intend to hawe gon with them into Atholl for obedience to yor lordship's order; bott this last night the general reporte being cum by Downie, and from Wyme and others in theese paerts, that the rebelles ar expect ilk night in Athole, I most forbeare that woyadge a lytill, untill itt sall pleese yow to take sic course, as the quhole regiments may be strenthened and keept strong by thair severalle schyres. In the mean tyme I hawe desyred of the marquis to send me bake the garrison of Drumfreese, and Murrayes regiment; if without them he may be able to drawe nearer the rebelles, quhen they ar in Atholl. I hawe lykwayes desyred Lumsdeane and Lawers, if they may without prejudice, to drawe into Badzenoche, quhilk if they be able to performe, I doubt not bott by God's assistance they fall be necessitate ather to disbandt or leawe the hils. I hawe writtin for theese of the earle Glencairn and Calender's regiments, quhom I lest at Stirling, and hawe desyred the committees of this schyre and Anguse to hawe thair sensible men in readines. I intreate, thatt the committee appoynted for thir imployment may cume heer; that thair warre sent heere with expedition 1000 weght of ammunition of ilk fort, and 150 muskets, for I kno not quhat is becum of Patrick Aetcheson, quhom ze sent to me to Dumbartane with the laste, thoghe I left him order to follow me with itt. I kno not quhy your lordship wold not lett me kno, that ye had givin warrant to the earle Laenrik's regiment to remowe.
My lord, pardon me to intreate yow againe to think on the tymouse strenthening thir regiments; for in my opinion it ware worse to sie them ruine, then to cassier them; and quhat prejudice ather will be to the service, I leawe to your consideration, and remaens
Safe conduct from the parliament for the king's commissioners to meet upon the treaty at Uxbridge (fn. 4).
According to an order of the lords and commons assembled in the parliament of England at Westminster, we do hereby will and require all commanders in chief, officers, and soldiers, and all other ministers and persons whatsoever, to permit and suffer, that the lord duke of Richmond, the marquiss of Hertford, the earl of Southampton, the earl of Kingston, lord Dunsmore, the lord Capell, lord Seymor, sir Christopher Hatton, sir John Colepepper, sir Edward Nicholas, sir Edward Hyde, sir Richard Lane, sir Orlando Bridgman, sir Thomas Gardiner, Mr. John Asburnham, and Mr. Jeffery Palmar, together with Dr. Stewart, and their retinue, mentioned in a list annexed, together with their horses, coaches, and all other accommodations for their journey, may repair to Uxbridge from Oxford, stay there, and return at their pleasure, during the time of the treaty, and two days longer. And that they, and any of them, during the said time, be permitted freely, and as often as they shall please, to go themselves, or send any of their retinue, to and from Whitl. 125. Clarend. II. 443. Uxbridge and Oxford, without any lett, hindrance, interruption, or molestation. And to this command we require due obedience, as you will answer the contrary at your utmost perill.
List of the king's commissioners.
1. Lord duke of Richmond 2. Marquess of Hertford 3. Earl of Southampton 4. Earl of Kingston 5. Earle of Chichester 6. Lord Capell 7. Lord Seymour 8. Lord Hatton 9. Lord Culpeper 10. Sir Edward Nicholas, one of his majesty's principal secretaries of state 11. Sir Edward Hyde, chancellor of the Exchequer 12. Sir Richard Lane, lord chief baron 13. Sir Orlando Bridgman 14. Sir Thomas Gardener 15. Mr. John Ashburnham 16. Mr. Jeffery Palmer 17. Dr. Stewart, clerk of the closet Dr. Sheldon Ministers. Dr. Laynie Ministers.
The names of such as are to attend the lords and others at the treaty at Uxbridge.
Dr. Ferne Dr. Harvey Christopher Hall George Wasington Abraham Andrews Sampson Morris Darby Callohan Patrick Lambe cooks and butterymen Robert Hyde cooks and butterymen Robert Muglet cooks and butterymen James Malakyn footmen Owen Kelley footmen William Falkingham groomes William Mortimer groomes Tom. coachman, and a postillon Francis Starley Thomas Webb.
Dr. Potter James Altham George Trym Hugh Smith John Stanhope William Levite John Johnston William Fielding William Pollard, coachman John Dobson, groome William Bosse Alexander Bankes, postillion John Busby, footman.
Dr. Hammond Edmund Smith, physician John Markham Clement Billingsley John Neale William Wildgoose Richard Evatt, coachman George Bannes, postilion John Hencock, groome John Marsh, waggoner Richard Gregory, footman.
List of the retinue to the parliament commissioners.
Edward Payler George Gerard Lancelot Thornton Lewis Hill William Sadlington John Jouckes Robert Williams Patrick Grady Patrick Culhan footmen. Redman Macquire footmen. William Savile, coachman Anthony Bird, postilion Timothy Taylor, groome John Orpin groomes for saddle horses. George Harris groomes for saddle horses.
John Goodman in the chamber. Thomas Aty in the chamber. Fisher Littleton in the chamber. John Holloway in the chamber. John Goodall in the chamber. James, John Goodall's man in the chamber. Thomas Vaughan, cook. John Beard George Searle, a footman Thomas Lloyd Jeremy Bird 2 groomes in the stables. Francis Philips 2 groomes in the stables. George Savil, a coachman in the stables. John Browne, a postilion. in the stables.
Prince Rupert to the earl of Essex.
I Have received by sir Peter Killigrew the safe conduct which your lordship sent. The lords and others appointed by his majesty for the treaty will not sayle to be at the tyme and place agreed upon. I remayne
Letter from generall W. Baillie, — directed thus:
This inclosed from serj. major Blaire bears all thatt I have hearde since my last; and all that I desyre moir then formerly is, thatt yor lordship wold be pleased to cause make provision tymusly of horsmeat for the sommer, if the trubles of this contrie sall continew so long,
My lord, I hawe now ressawed yor lordship's of the 23 Ja. and do humblie thank yor lordship for yor appoynting ane committee for the better managing the publique affaeres heer. I pray God the order taken for strenthening the regiments prouwe effectuale; and for furtherance thairof, I wishe yor lordship wold resolwe to put in execution yor acts against the ressetters of runavayes in ilk schyre. For myself by God's grace I sall nather leawe undon, quhatt in my judgment may serve for advansing the service of the publique, nor quhatt sall be commandit me by yor lordship, in so far as I am able, so long as itt pleases yor lordship to keep me from thatt charg, quhairunto ye war pleased to call
Votes of the two houses concerning church government.
Resolved by the lords and commons assembled in parliament, that the minister and other church officers, in each particular congregation, shall join in the government of the church, in such manner as shall be established by parliament.
Resolved by the lords and commons in parliament assembled, that the ordinary way of dividing Christians into distinct congregations, and most expedient for edification, is by the respective bounds of their dwellings.
The explanation given by the commissioners of the kingdom of Scotland concerning religion.
By the agreement upon the propositions for religion, before a final agreement be made upon any of the other propositions, wee understand the approving of the covenant, the directory for worship, the votes given in by the assembly of divines concerning church government, and passed the houses, the assenting to the bill against episcopacy, &c. the ratifying of the ordinance for the calling the assembly of divines, &c. and so much as shall pass both houses before the expiring of the twenty days.
Letter from lieutenant g. W. Baillie, — directed thus:
Thaire cam a fellow to me yisternight, as he said, from the laird of Grant with his passe, bott no letter. He reportes, the rebelles war betwixt the head of Lochnes and Lochquabare on Fryday last, and that Siefort, Lowet, Sudderland, and Lawers wer drawing out four myles west from Innernes, quhair the quhole Murray men had rendevous. He sayes, his maester was gathering of his people for the defence of his contrie. How trew this is, I kno not. The Athole men, that wer going to the rebelles, returned on Setterday upon the newes of this paertie's going into Straethardle brease. I did formerly desyre of the m. Argyle, that he should hawe essayed to hawe cum into Athole, quhair upon his appoyntment I sould hawe mett him, if the rebelles had gon thatt way; bott how I sall go northward, except by the way of Aberdein, I kno not; thatt will requyre moir certaine knoledge of the enemies merch, and how this contrie sall be securite, if the marquis cum not into Athole. I pray yor lordship, lett me kno if theese letters may not be thoght for the committee, thatt ar direct to the president thairof; becaus I understand itt so, and sall correct my error upon information. In the meane tyme I continew
I hawe now ressawed this from the marquis, and hawe desyred him to follow the rebelles, if they fall into Straethspey or Aberdeane schyre; uthervayis thatt if he will lodge into Athole for this contries saeftie, upon his tymuse advertisment I sall go towards Aberdein. Your lordship will excuse me to pretend ignorance of the posture of the northe, for they returne me no answeir to my letters, for quhilk I imagine ze hawe not zit signified unto them in quhatt charge ze hawe imployed me. I hawe writtin to the earle Marchal three dayes agoe to be ware of the enemies in fall in theese paerts, and to advertise me of quhatt he heers. I pray yor lordship heast up this committee.
Letter from lieutenant g. W. Baillie, — directed thus:
Your lordships of the 28 I have ressawed now. Notwithstanding of quhatt major Blair had formerly written to me, I heer by him since, thatt the men of Atholl war on foot neare the east end of Straethardle, abowe 800 men. They had sent toward the rebelles about 200 men; bott did recalle them, quhen they hard of Blaire's passing Ila with our paertie, quhilk was sent out onlie to keep them at home.
In many of yor lordships letters I find yor desyre is, to hawe yor forces heer to go into Athole; bot if yor lordships conceawe that woyadge at this tyme to be for the guid of the service, I humblie treate yow command itt. And thatt things may be the better ordered, I intreate, thatt they quha hawe charge in ther regiments may repaire quikly unto them, I meane lieut. coll. at least, and uthers beneth thair charge; for with the four regiments heere, thaire is only for all the officers of the feeld three serjeant majors. Farder, I most intreate yor lordships, thatt that committee appoynted for the better managing of thir bussines, and provyding for yor forces necesseties, may be heer befoir we remowe. It is trew, my lords, untill the regiments be compleatter bothe in officers and foldats, the nights schorter, and the rebells merche knoin, my bad judgement will not approuwe the woyadge. The coldnes of the nights is lyke to make mae run from the hils, nor do now from st. Jonston; and if the Irish sould joyne vith theese of Atholle, wee being ingadgt amongst the the hils, quhair sume say horsemen are useles, wee sould be necessitat, ather to find them out with disadvantage, or returne with small reputation. Nottheles, my lords, ye sall comand nothing, quhilk I sall not indevoir to obey, finding it most reasonable to prefer yor commands to the opinion of
The parliament commissioners to the speakers of the houses of lords and commons.
This afternoone wee mett uppon the treaty, and each parte made knowen unto the others their severall powers. The coppyes of the papers then showed were taken by mutuall agreement, and we have sent them unto you here inclosed. After they were read, wee gave in a paper to the persons sent hither by his majesty, a coppy whereof we have likewise sent unto you. Wee shall, according to our duty, give you a frequent account of our proceedings in your service.
Parliament commissioners to the speakers of both houses.
You will perceive by the papers herewith sent you, the progress we have made in the treaty. By one of them you will find a desire to be satisfied of the power for any ten of us to treat, which is not in our ordinance, though it be in our instructions. We have therefore transcribed that ordinance, inserting only some few words, whereby that power of the quorum may be therein expressed, which if it stand with your pleasure, we desire may be passed, and speedily sent unto us. We are bold to put you in mind of dispatching to us the bill for abolishing of episcopacy, with the alterations, according to the third proposition, that we may deliver it in as we have already done the directory, and the votes passed both houses concerning religion. Thus having nothing more to trouble you with at this time, we rest
After the word only, and before the words to treat, in the fourteenth line, these words to be inserted: or any ten of them, whereof some of either house of the parliament of England, and some of the commissioners of the kingdom of Scotland are to be present.