A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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Heidis whairupon to draw up ane letter from the parliament to his majestie.
II. To represent the conclusioune of the parliament for thair necessarie sitting still and abyding togidder, and that after the voitting theirof, the erle of Dumfermelin and Lowdoun shew that his majestie had commandit thame to intimate his royall assent theirunto in case it should be found necessar, bot desyred that thair sitting should onlie be for preperatione and accommodation of busines, bot not to determine conclusivelie or prejudge any man of his just defences befoir his majesties awin presence: And therfoir the parliament for report of his royall pleasure notified be his letter and the relation of the saids commissioners, and for geving satisfaction to the parliament of Ingland, and for the desyre they haif of the happiness of his royall presence, concludit onlie to sitt still for preparatione and accommodatione of business, and not for concludeing or determining maters in acts of parliament or sentences definitive (except the parliament shall find an urgent necessitie for the peace and good of the countrie to require the same,) unto the 17 dey of August nixt, which they conceive to be ane competent tyme, that his majesties weightie affairs and the parliament of Ingland may be in that posture, as may permitt his majesties coming to this kingdome for setling the peace theirof, which this parliament doeth humblie desyre.
III. That the particulars proponed and demandit be the erle of Dumfermelin and lord Lowdoun ar not zit advysed nor answered be the parliament, except anent the attestatioune of the erle of Traquair's submissione, which for weightie and great groundis is refuised; but the parliament shall advyse theirwpon with all convenient diligence, and accordinglie acquaint his majestie with thair conclusioune.
To remember in the second, that the draught may be so contrived, as that the necessitie of our affairs might suffer no delay, but required greater expeditione; bot for respect to the parliament of Ingland, &c. continued our continueing unto the 17, as the longest time which our necessitie could admitt.
Copy of the estaitts [of Scotland] letter to the king's majestie 20 July 1641.
Most gracious soveraine,
Your majesties resolutioune to settle what shall be agred in the treatie; and to honour this parliament with your royall presence for ratifieing the same, signified to ws in your majesties letter by the erle of Dunfermelin and lord Lowdoune, hath gevin ws verie grate content; the performance wherof will incres our joy, in establishing an hartie unione and right understanding betwix your majestie and this your ancient native kingdome; wherein our best endevoirs shall never be wanting. And although our conditione, urging speadie and present remedies, maid us resolve to sitt still, zit when the erle of Dumfermelin and lord Lowdoun shall, efter voitting that your majestie commandit thame to intimate your royall assent theirunto (in case we should find the exigence of our affairs to requyre the same) and did represent that it was your majesties desyre, that maters should only be prepared and not concludit till your majestie should be present in your royall person, we did against all difficulties condiscend, that our sitting should only be for preparatione and accommodatione of bussines, bot not to conclude or determine maters in acts of parliament or sentencis definitive (except we fund ane urgent necessitie for the peace and good of the countrie to requyre the same) unto the seventeenth day of August nixt; which as it is the longest delay, that our affairs can admitt, so we resolve till then to adventure the sufferance of all extremities, from our earnest desyre to have the honour and happines of your royall presence, and to give satisfaction to the parliament of Ingland: and doe in the mein tyme humblie crave the allowance of some few days for considering the articles of the treatie and other particulars proponed be the erle of Dumfermelin and lord Lowdoun, which we shall hasten in the shortest tyme can be for deliberatione about maters of so great importance, for we haif not zit gone about any particulars, except the erle of Traquair's submissione, which upon good and weghtie reasones wee haif refuised to attest, and doe persist in the desyre maid be our commissioners for remiting him to abyde his tryall, which wee confidentlie expect from your majesties justice. So we (who for avoyding multitude of subscriptions ar appointed to signe these in name of all the estaitts of parliment) shall hartilie joyne in the servent prayers, which from the whole bodie of this kingdome ar sent up to God for your majesties long and happie reigne ovir ws.
Copy of the estaitts [of Scotland] letter to the assemblie, July 1641.
Quhereas the king's majestie had bein gratiouslie pleased to resolve for to honour with his royall presence the meitings of this present assemblie and parliament, and being now impedit for a tyme by the urgencie of the affairs of our nichtbour kirk and kingdome, to quhom we wish all happines, hath appointed the earle of Weims his majesties commissionar in this venerable assemblie, and hath desyred us to prorog our meiting to . . . . . day, We have bein forced to remonstrat to his majestie the necessitie of effairs urging us to sitt still for prepairing of all maters, that the peace of this kingdome, after so long distractiouns, micht by God's mercie, the king's goodnes, and our indevors, be brocht to sum sattiling. Bot finding so manie of our number to be members also of your meiting, quhas absence wald be a great impediment of our preparatioun; and considering also besyds the commodiousnes of this place, the great necessitie at this tyme of the concurring advyce of both the assemblie and parliament, for settling the persyt peace of this kirk and kingdome, and for preventing all new diviseive motiouns in the one or the other; and as we ar informed and was promised at the last assemblie heldin at Aberdein, hath bein usuallie practeised in the like cases in former tymes; we have thocht it expedient for manie causes to joyne our faithfull advyce and earnest requeist with the desseir of his majesties commissioner unto your wisdoms, that yee may be pleased to translait your meiting from Sant Andrews to Edinburgh against the first covenient day, and to send sume of everie estait to represent our desseir and advyse in this and in any other thing that may accelerat your translatioun. And as out of our confidence of your concurring resolutiouns heirin we have stayed all the rest of our number that ar members of your meiting, so, amongst other things concerning the kirk at this tyme, we shall not be unmyndful to sett down ane solid course for the beiring of the chairgs of the commissioners to your zeirlie generall assemblies, and in all other things shall do our uttermost indevoir with zour concurse to preserve puritie and peace within this kirk, quhilk is the greatest desseir of
Yor affectionat freinds.
The king's demands.
I. Concerning the election and appointing of officers of state, counsellers, and sessioners, it is his majesties dessire, that the answer givein alreddy upon that proposition in the treatty be condiscendit wnto, and accepted as fittest for his majesties honor, and the just satisfaction of his subjects.
II. His majestie haveing most cleirly exprest his royall resolution to establisch a durable peace in the churche and state of this his ancient and native kingdome, and for that effect to be present at the parliament heir, and being most dessireous to prevent all impediments, which may cross or hinder that cordiall unitie, so realy intendit by his majestie, doth earnestly desyre and expect as a thankful retributioun of the parliment's respect, that the earle of Traquair's humble submission to his majestie and them wil be accepted, for whatsoevir he hes done haveing relation to his majesties commission or instructions, and the rather for that he is most willing to answer any thing ells can be laid to his charge before the king and the parliament, and being accepted and recorded that no further sentence of parliament pas against him.
III. His majestie desyers and expects, that all others cited to the parliament, who fall not be fund guiltie of some great and extraordinary cryme, bot have only left the cuntrie and adhered to the king, be past from.
IV. Seeing all is now to tak a peaceable close, and that his majestie is to establische religion and the liberties of this kingdome without resentment of whatsoevir wes displeasing to him in the bygane troubles, his majestie desirs and expects, that the keepers of Treeve, Dunbarton, and castells of Edinburgh may be remitted and restored to there estaits in this parliament.
V. Although the fountaine of justice is not to be stopt, nor the legislative power which is in his majestie and the parliament to be restrained, zit seeing all things conceaveit to be necessarie for the peace of the churche and kingdome, after full debait, and upon mature deliberation, are agried wnto, his majestie expects confidently, that special cair will be had that no new thing be urged in this parliament, which may be derogatorie to his regall power, honor, or benefite.
Producit be the erle of Dumfermelin and lord Lowdoune, and publicklie red in audience of the estaitts, who appoints everie estate to haif his copie heirof to be advysed thairupon; and when they haif advysed upon the same apairt, to appoint four of everie nomber to meitt altogidder for debateing what they haif thought apairt, and prepairing thair anser to be presented in face of parliament.
Copy of instructions from the parliament of Scotland to the commissionars at Londoun appointit be the committie of estates for the tyme anent the treattie with the Inglish commissionars from the king and parliament of Ingland.
Your lordships ar authorized heirby to condiscend and aggrie by subscriptioune or other wayis to the articles and frame of the said treattie, in so far as is contenit and set down in the paper marked be the clerk of the parliament his hand on the bak thairof.
It is left to your lordships, the further explanatioune of the word goodes, in the sext demand, that it may be extendit to ammunitioune and armes, or, at leist, alse fair as can be gottine obteaned their anent.
When your lordships comes to debait and condiscend upon the form and maner of removeall of the armies, it must be rememberit, that as the Scotis armie comes out of Ingland to Scotland, so the Inglish garisounes at Bervick and Carleill must remove simul & semel.
Your lordships, as commissioners, ar heirwith injoyned by the parliament of Scotland, to subjoyne to his majesties ansser anent the election of officers of estate, counsel, and session, these wordis, "We find ourselves not satisfied with this answer, and thairfoir leivis this article and ansswer to be considerit be his majestie or his commissionar, and the parliament of Scotland," quhilkis wordis must be insert in the treattie.
Your lordships ar to intreat the parliament of Ingland to concurre with yow for obteining that demand anent the placeing none bot these of the reformed religion about the prince his hienes; at least to procure so much as can be obteined heir anent.
Your lordships ar to crave, that the exception following may be subjoyned to the act of pacificatioune, viz. to except from the said act of pacificatioune all legall persutes, intended, er to be intended, within the space of zeir and day after the dait of the treattie, agains theives, sorneris, outlawis, fugitives, murtherers, brokine men, or thair recepters, for quhatsumevir thiftis, reiffis, hairshipis, oppressions, depredationes, or murther done or committed be them, and all lawfull decreits gevin or to be gevin be the parliament, or any commissionars from them their anent, who fall have power to dignosce and tak cognitioune, whidder the same falls within the said act of pacificatioune and oblivion or not; and gif your lordships cannot get this subjoyned, or insert in the treattie, yow ar to declare to his majestie, that of necessitie thair must be an act of parliament in Scotland to this effect, and of this tenour.
Your lordships ar to desire, that the demand anent not making or denunceing of warre with forragners without consent of both parliaments may be granted unto be the king and parliament of Ingland; and if that cannot be obteined, to desire that the samene with the other two articles of the same nature, viz. that concerning leagues and consideratiounes, and the other anent mutuall supplie in case of invasioune, may be all thrie admittit in the treattie, and remitted to commissionars to be chosine be both parliaments, who fall have power to treat and advyse thairupon, for the gude of both kingdomes, and to report to the parliaments respective. And gif this reference cannot be aggried unto without mistakingis, your lordships ar to let the saidis two last articles stand as they are aggried unto in the treattie; and to desire (in place of that required be the Inglish to be omitted) thair may be insert, first, That the king and parliaments of ather kingdoms sall not denunce or mak warre with forraigners, without consent of the other, unles upon urgent necessitie. Secondlie, if they fall be urged to denunce or mak warre, the king and kingdome, who fall denunce and mak the warre with forraigners, fall be obleist to intimate and mak knawine the samene without delay, efter thair first resolution thairof, to the other kingdome, that they may be upon thair guard for thair shipis, trade, and guidis abroad, and for themselfis at home. Thridlie, they most be obleist with the said intimation to shaw the reassones and grundis of thair deduncing or making warre in the other kingdome, that efter consideratioune thairof, they may resolve whidder to joyne or not in the forraigne warre. Fourthlie, the Inglish shipis alswell his majesties shipis as anie other shipis of Ingland, must fortifie, assist, supplie, and defend anie Scottish shipis fall cum in danger by reasone of anie warre to be denuncit and maid be the king and kingdome of Ingland.
Your lordships ar to urge farder, that the articles anent trade and commerce, naturaliziatioune, mutuall capacitie, and others of that nature alreddie demandit, may be zeildit unto be the king and parliament of Ingland; and namelie that demand anent the pressing of shipis and men, bot more especiallie that anent the pressing of men be sea or land; and if the samene cannot be gottine grantit, ze ar to desire that the samene may be altogidder deleit out of the treattie, or otherwayis remittit to some select commissionars from the parliaments, who fall have power to treat and advyce for the good of bothe kingdomes, and to report to thair parliaments respective.
Your lordships ar lykwayis to remember, that the dewteis payit for convoy of Scottish shipis be cleired, onlie to be convoy money; and the lyke as the Inglish payis for convoy money, quhen the convoy is required; and that if anie, who fall pay convoy money and be taken, fall have the lyke redres as the Inglish have; and if this cannot be obteinit as it is set doune, to be omittit or remittit as is before exprest.
Your lordships ar to urge, that the regrat bandis and decreitis in Scotland may have the lyke faithe as the Frenche tabelliounes in Ingland or Ireland have, seing they ar of a lyke nature, and deserves more credite; and if this cannot be obteinit as it is heir sett doune, to remitt the samene to the formar commissioune.
Your lordships ar to condiscend with the parliament of Ingland anent the maner of saife conduct for transporting of the money to Scotland, be sea or land, in suche a way as that the charges be not exorbitant, and may be publicklie knawne.
Your lordships ar to remember, that the tenour of the commissione for conserving of peace must be condiscendit unto, togidder with the tymes and place of meitting, and whole frame thairof, the draught quhairof, quhen it is drawin up in Ingland, and representit to the parliament of Scotland, they will tak the samene to consideratioune, and name thair commissionars for that effect.
Item, Your lordships ar to deall for the persones named in this supplicatioune, markit with the said clerk's hand, and for all other of the lyke conditioune, who have bene oppressed with the high commissioune or officialls in Ireland, before or efter the pressing of the oathe, that they may be restorit to their guidis and repaired of thair loisses, quherin your lordships ar to do alse much as can be.
Your lordships ar to desire, that the meaning of the article anent the castell of Edinburgh, and the other strengthis of the kingdome may be understood to be, that the same sal be disposed for the well of the kingdome, as the king and parliament fall think expedient; and if zow cannot get these wordis anent the fundatioune altered in the treattie, your lord ships ar to represent the same to his majestie, that it may be takine to consideratioune be his majestie, or his commissionar, and the parliament of Scotland.
For the estats of parliament now sitting at Edinburgh. Orig.
I have receaved a letter this day from our commissionars; because the contents of their letter ar so important, and of so great consequence, I have made haste to take a coppie theirof, and have sent the principall with all hast to be presented and advised by your lordships and the estates of parliament now mett togither. I wishe the bearer may be at Edinburgh befor the earle of Dumfermling and Loudone have their dispatch; for as our commissioners crave a speedie answer from me, so I will wait and look to be directed by your lordships what aunswer I should make; and as I receave the commandement from your lordships, so I shall obey the same, as becometh
Newcastle the 26th of July 1641.
Letter from the parliament of Scotland to the generall. Orig.
Our verie good lord,
We receaved your excellencies letter, togidder with that written be our commissioners to zow, and haif returned answer to thame, with instructiounes, which we haif left open that ze may read and cloiss the same; and what occurreth to zour awin consideratioun, which is necessarie for accomodatioune of bussines, zour excellencie may remember the same in zour awin letter to the commissioners, and especiallie quif ze can adduce any other reasounes against thair comptis and damnages then is exprest in zour former letter, ather against these demandis in the generall, or any of thame in particular, it will be expedient also to delyver the same in zour letter; and that these accomptis be brought to an conclusioune with all possible expeditioune. And seing we haif permitted to the Inglish ather that our haill armie shall reteir upon the payment of the arreiris, and 80000 lib. or else 7000 or 8000 foote and 1000 horss, to remaine whill the payment of the 80000 lib. and the rest to reteir upon the receipt of the arreiris, we desyre that your excellencie will haif the armie in readines upon their electioune of any of these alternatives, that accordinglie the haill armie may be in posture and preparatioune to march upon payment of both sowmes, or otherwayis in caice of stay of 7000 or 8000 foote and 1000 horss, that your excellencie will consider what regimentes ar fitt to be retained to mak up that nomber, and haif the remanent of the armie, whom ze think fitt to returne home to be disbandit in the first place, in readines of all necessar preparatioune for their march, and with these it will be convenient among the first to licentiate all the reformied officiaris. We ar presentlie to give ordor, that all officiaris of the armie, who ar in Scotland, and not members of the parliament, shall furthwith repair to Newcastle; and all such members of parliament as ar necessar officiaris, we shall upon advertishment from zour excellence, give present ordor for thair address to zow: In this nomber the generall commissar is one, whom hitherto we haif detained to serve in his charge in parliament; but upon zour exellence desyre, shall send him up to zow, how soone we may spair his attendance; so we rest
Edinburgh, 30 Julii 1641.
Instructounes from the parliament of Scotland to thair commissioners at London, 30 July, 1641. Orig.
I. Ze ar to represent to the parliament of Ingland, or Inglish commissioners, that it is impossible that our armie can remove from Newcastle, till they be payed of byganes. 1. Becauss of our many solemne promisses maid upon oath to pay all our debtis in the counties befoir our removing. 2. Becaus our officiaris and soldiors ar addebted greate sowmes upon thair privat scoir, which they must pay themselfis, bot cannot doe, unles they receave the same from ws. 3. The same wer ane ground to causs the armie mutinie. 4. The same wald causs thame ravage in Ingland, and so might occasion an national quarrell. 5. At thair coming into Scotland, they might make the countrie loose, which all might ensew theirupon, with many other inconveniencies, which may occur in ane discontented armie.
III. Ze are to represent, that the debtis aughtand be our armie in the counties, ather for billetting or damnages, ar properlie aughtand be officiaris and soldiors, who must fitt and make thair accomptis befoir thair remove, that an particular rest may be condiscendit upon and notified to the parliament of Ingland befoir our remove, that so no ground may be left to efter challenge, which may exhaust the brotherlie assistance or any part theirof, resting efter payment of the 80000 lib.
IV. Ze ar to remember, that in the articles of cessacioune the dayis of the march to Scotland ar thairin comprehendit, ane theirfoir ze are to demand, that these dayis may be condiscendit upon, which we desyre may be eight or ten dayis at leist, and accordinglie thair pay advanced befoir our remove.
V. Ze ar lykewayis to represent, that so soone as the bygane arreiris and 80000 lib. is reallie payed at Newcastle, the generall and the armie shall remove within als many dayis asze can obtaine, which at leist must be fyve friedayis after receipt of the moneyis, which dayis will be als few as can be allotted for payment of debtis, and bringing our armie to ane rendevous, and provyding breid, drink, and other necessaries befoir we list, and geving ordor that the lyke may be in readines upon the way whair we ar to quarter.
VI. Ze ar also to represent, that the counties of Bishoprick, and Northumberland, and town of Newcastle, must provyde horses, cairtis, and other necessaries for transporting to the river of Tweid and no further, canon, ammunitioune, and all baggage of the armie conforme to thair many promeisses and custome of other countries, and that the same be done in dew tyme, and be no hinderance to the armie in their march.
VII. Ze ar lykewayis to remember, that for preveining destructioune of housses, or woodis, which may be occasioned in the retreate of the armie for bigging of huttis, that some courss may be taken be the Inglish for provyding lodgeing or shelter to the armie in thair retreate.
VIII. That we may shew our desyre to streatch our abilitie to the uttermost for geving the Inglish all reasnable content, thairfoir gif they doe still press the impossibilitie or greate difficultie of paying all bygane arreiris and 80000 lib. and that they think the present payment of the arreiris and some delay of the 80000 lib. may give them any ease or contentment; in that caise, ze shall make offer, that ze shall pay all the armie, with the saidis arreiris, and disband them, except 7000 or 8000 foote, and 1000 horss, with ane proportionable traine of canon and artillerie, who must stay till the 80000 lib. come downe to compleitt thame also, which we wish may be as few dayis as is possible: And duringe the not payment thairof, these 7000 or 8000 foote, and 1000 horse, must be payed be the Inglish, conforme to the pay dew to our armie, both officiaris and soldiors, and that als weill during thair stay as in thair retreate, in manner forsaid.
IX. And gif the Inglish please, for thair further ease of thair present burthenis, to remove the garisonis of Bervick and Carleill presentlie, we shall causs disband the regimentis upon the borders of this countrie, which will be ane benefite to both natiounes.
Letter from the parliament of Scotland to thair commissioners at London, 30 Julii 1641. Orig.
The letter from zou to the generall, shewing the desyre of the Inglish for disbanding the armie, and delay of payment of the 80000 lib. was sent to us be his excellence, whairunto we haif returned thir inclosit instructiounes, subscryved be our president at our command, which ze ar to observe as the rewle of zour proceidingis anent these points, and ar the uttirmost whairunto we can streatch our selfis without insufferable prejudice. We haif exprest the same brieflie, and onlie twitched some considerationes, which ze ar to dilate in the expressioune, and confirme be further argumentis our desyre to retaine at Newcastle 7000 or 8000 foote, and 1000 horss, till the payment of the 80000 lib. is groundit upon the generall necessitie, that all the armie must be paid befoir thair disbanding, and the particular consideratioune, that the same 80000 lib. being computed with the 120000 lib. of bygane arreiris, will answer verie neir in proportioune to the payment of the saidis 7000 or 8000 foote, and 1000 horss, and the arrairis to the payment of the rest of the armie, which is to reteir in case the Inglish imbrace that part of the alternative. The other particulars of zour letter to the generall anent the comptis, damnages, and losses, we remitt to the answer to be sent to zou be him, and to the former thrie letters writtten to zou thairanent, the one be us, the other to his excellence, and the thrid be those, who were appointed for ws to meit with the Inglish, upon these accompts; for it is impossible for us to sett downe ane expres reasoune gainst everie particuler demand. So recommending all particulars to zour cair, we rest
We haife sent yow ane commissione for examinatione of witnesses against incendiaries, which ye must use conforme to the instructiones to be sent yow be the procurators. To subjoyne to the end of the postscript, thir words: "And these we send to yow be the handis of the erle of Dumfermelin, one of your nomber, who can give yow moir cleir satisfaction in all things therin contained."