[Historical Works Contents – Original]
As 16 Regni Regis Carolj, et Sal: 1640.
The 25 of the mounthe of Februarij, 1640, the magistratts of Edinbrughe receaued a letter from his Maiesty to be assistant to Capitane Slingesby and Capitane Shipeman, quho had brought by sea from London 300 souldiers, and a grate dealle of all sortes of amunitions, to put in Edinbrughe castle.
Charles Rx,
Trustie and weell beloued, wee greit you weell. Quheras wee haue thought fitt to send some men and amunitione to our castle of Edinbrughe, wee doe heirby will and command you, vpone your allegiance to ws, and vpone the paine of incurring the punishment of heighe treassone, not onlie to suffer the said men and amunitione to be furwith landit and sauely conwayed to our said castle, by suche number and parcells, and at suche tymes as the bearir heirof shall directe; bot lykwayes to be ayding and assistinge in the said seruice to Capitane Slingesbey and Capitane Shipeman, and suche others to quhom wee haue committed the charge of transporting and deliuering the samen. And to this purposse wee doe heirby straitly charge and command you to causse boattes to be immediatly sent from Leithe to oure shipes, to receaue and bring one shore the said men and amunitione; and quhen they shall be landit, to causse a strong gaurd to conway them sauelie, and see them putt into our said castle; and to suppresse and resiste aney insolencey ore oppositione that shall be made to this oure seruice; the disturbers quherof wee doe heirby requyre you to punishe exemplarlie, as in a caisse of heighe tressone; and wee doe heirby will and requyre you to giue ws a spedie accompte of your diligence and proceidinges, and that ze faill not in aney of the premisses, as ze will anssuer the contrarey at your wttermost perrill. Giuen at our courte of Whytehall, the 22 of Januarij, 1640.
Capitane Shipeman, with three hundereth souldiers, and Patrick, Lord Etricke, (formerlie called Generall Ruthuen) with them as gouernour, with a werey grate quantity of amunitions of all sortes, entred Edinbrughe castle without aney lett ore impediment; the estaites giuing way to ther entrey, not onlie to pleasse the King, bot lykwayes to saue themselues from the obloquie of ther enimies. Bot maney mounthes wer not past quhen they did repent quhat they had done; quhen, as Etricke, with hes grate ordinance, begude to thunder one the toune.
Aboute the latter end of Maij, the estaites did begin to beleauguere the castle of Edinbrughe, and blocke the same wpe around; and in the begining of the mounthe of Junij, the castle did begin in hostile maner to shoote at the toune; and in ten dayes therafter, the toune, from all ther fortes, did shootte at them, and diuersse wer killed one bothe sydes.
The eleuenthe of this mounthe of Junij, the parliament mett at Edinbrughe, and did electe Robert, Lord Burlie, to be ther president in this sessione of parliament, in respecte of the abscence of the Kinges Commissioner. This sessione of parliament sate onlie eghte dayes, and in it wer 39 statutes enacted, all of them printed, some quherof wer of werey grate consequence; namlie, the second acte anent the constitutione of that parliament, and all subsequent parliaments. By this acte, bischopes, abottes, zea all maner of clergiemen quhatsomeuer, (formerlie called the thrid estait) wer foreuer excludit from being one of the three estaits of parliament; and the 3 estaites, by this same acte, are declared to be noblemen, barrons ore the commissioners of shyres and burrowes, in all tyme cominge; this acte lyke anulls and rescindes all former actes quherby churchemen, wnder quhatsomeuer tytle, wer declared the 3d estaite of the kingdome. Bot least I should ouerwearey the reader, I haue heir sett doune ane index of thesse actes wiche are of gratest concernment.
Thrid acte, anent choysinge committees out of eurey estaite; this is the first positiue law for committees.
Fourte acte, ratifing the acte of the generall assembley, haldin at Edinbrughe, in the mounthe of Aguste, 1639, made wpone the 7 day of the said mounthe, and in the 8 session of the assembley, intituled, anent the sex causes of our bypast eiuells.
Fyfte acte, anent the ratificatione of the couenant, and of the assemblie of Edinbrughe, haldin Aguste, 1639; ther supplication, acte of counsaill and acte of assemblie, concerning the couenant.
Sexte acte, recissorey; so called in respecte it rescindes all former actes of parliament, wich grantes to the kirke ore kirkemen of quhatsomeuer sorte, alloued or disaloued, as representing her or in her name, the preuiledge of ryding and wotting in parliament, as præiudiciall to her liberties, and incompatitible with her spirituall nature; as also the said acte declares, that the sole and onlie power and jurisdictione within this kirke, standes in the kirke of God, as it is now reformed, and in the generall, prowinciall and presbeterian assembleyes, with sessions of the kirke, established by acte of parliament in Junij 1592, cap. 140, &c.
Seuinthe acte, wes a discharge of the Christmisse vacance, with ane ordinance appoynting the session to sitt doune the 1 day of Nouember, and rysse the last of Februarij; and therafter to sitt doune the first day of Junij, and rysse the first of Julij, zeirlie.
Eghte acte, aganist the Kinges Maiesties large manifesto, condemning it as fallse in maney thinges, full of wntreuthes and lyeies, derogatorey to his Maiesties honor and præiudiciall to his loyall subiectes; and in effecte a fyrebrand to incensse the princes furey aganist his people, &c. In it is conteined the proceidinges of James, Duck Hamiltone, his Maiesties Heighe Commissioner in the zeires 1638, wntill the mounthe of Agust 1639, penned by Doctor Walter Balcanquell, Deane of Durseme, quho did attend the Duck as his chapleine all the tyme he was in Scotland, in show; bot indeid he was Canterburies spay, put as a watcheman ouer the Commissioners actions and deportment, by him and the courte faction. This same Balcanquell did communicat intelligence of all that past in this kingdome, with Segnior Georgio Con, the Popes legat, then resident at the courte of England also, as some of his intercepted letters can beare record.
Nynthe acte, called statutarie, ordaining parliaments to be holdin euery three zeires.
Tenthe acte, anent the keepers of the castells of Edinbrughe, Streyeling and Dumbartane, wich ought not to be comitted to aney, bot to suche per sons as are knowen and approued, by the quhole coursse of ther lyffe, to be trew and faithfull subiects to his Maiestie, and trustie and weill affected countrymen, louing and tendring the peace, prosperitie and good of the quhole kingdome, and the preseruatione and aduancement of the trew religione reformed, now therin, by Godes prouidence, established and professed, and intertaining of vnititie betuix the King and his subiectes.
Eleuenthe acte, anent the production of the publicke registers and recordes of parliament, the first session of eache parliament.
Threteinthe acte discharges the granting of protections by the Lordes of his Maiesties priuey counsell and exchequer. I haue omitted the 12 acte, in respecte it onlie does discharge aney proxie to haue wott in parliament for euer heirafter; as also, that no forraine nobleman haue place and voyce in parl: wnlesse they haue ten thousand merkes of land rent within the kingdome.
Fourteinthe acte, anent the exchequer, declaring the same to be onlie judges to matters concerninge the managing of the Kinges rents and casualties. This acte was made to crube Traquaire, then Lord Thesaurer, quho had assumed to himselue a boundlesse libertie of medling and disposing wpone mens estaites, quher he or his follouers and supports could alledge the King to pretend the werey least intresse, to grate præiudice and wtter wndoing of the subiecte.
Fyfteinthe acte, appoyntes all griuances to be giuen in in plaine parliament, and no other wayes, in respecte of the grate hurte and damnage the leidges receaued formerly, by giuing in ther griuances to the clercke register.
Sexteine acte, suppressing the distinction of spirituall and temporall Lordes of the Session. This acte rescindet and anulled that artickell of the 5 parl: of King la: 5, anent the institution of the Colledge of Justice; and for euer heirafter excludit all churchmen from being Lordes of the Session.
Seuinteinthe acte, aganist leiseing-makers of quhatsomeuer quality, office, place or dignity. This acte was purposlie made to catche Traquaire, the Thesaurer, Sr Johne Hay, Clercke Register, Sr Robert Spotswood, President of the Session, Maxswoll, Bischope of Rosse, and otheres, quho by rantring and lying had done muche mischeiffe to this kingdome; and in effecte had giuen maney bad informations to his Maiesty and counsell of England, contrarey to the treuthe and quhat was really done and acted by the couenanters.
Eghteine acte, anulling wnlaufull proclamations made vnder the paine of treason, commanding thinges vniust and vnlawfull, tending to the ouerthrow and preiudice of the lawes and liberties of kirke and kingdoume.
Nynteinthe acte, explaning the preceidinge actes of parliament made aganist bandes and conuentions amongest subiects; as also declaring the bandes and conuentions made and keept since the begining of the present trowbelles, to be legall and lawfull.
The 38 acte, and 19 of this index, is ordaining the quhole subiectes and leidges of this kingdome to obey, manteine and defend the conclusions, actes and constitutions of this present session of parliament, and to subscriue the band appoynted for that effecte.
The session of parliament satt eghte dayes, and amongest maney other statutes, enacted thir 19, or rather 20, aboue wrettin, wich are thesse most memorable to be recommendit to posterity, as exhibitting the reall grattest change at one blow that euer hapned to this churche and staite thesse 600 zeires baypast; for in effecte it ouerturned not onlie the ancient state gouernment, bot fettered monarchie with chynes, and sett new limitts and marckes to the same, bezond wich it was not legally to proceide.
This sessione of parl: being at ane end, the parl: by acte wes declared to be current (as the laweyers speikes) to the 19 day of the mounthe of Nouember, 1640, this same zeire; wiche day it was againe appoynted to sitt doune at Edinbrughe, or quher it should happin to be appoynted to be holdin for the tyme.
In Julij, this zeire, the spur of Edinbrughe castle wes blowen wpe, and a resonable breache made; bot the losse of eghte men, and the wounding of 2 commanders, made the defendantes to take courage, and to make the place good againe with basketts filled with earthe.
In this same mounthe, the lyne of circumvallatione being finished, and the castle now quholly blockett wpe, they played hard wpone it from three werey stronge battries; the first quherof was at Robert Dauisons housse in the Castle hill; the second in the Grayfryar churcheyaird; and the 3d at the West kirke. The peices of batrie wer brought from Holland, some of wich shote 36 and 24 pound ball.
It must not be forgottin how that the Earle of Argyle, in the begining of this same mounthe, with 5000 men, tooke the housse of Airlie, (from wich the Lord Ogiluey, tuo dayes befor hes coming, had fled). This housse he flighted, destroyed all the planting, and plundred the quhole poore tenants and landes belonging to the Earle of Airlie.
Argyle, in his dounecoming throughe Athole, so terrified thosse that formerlie stood for the Kinge, by taking the Earle of Athole, young Gairntilley, Sr Thomas Steuarte, and Mr Jo: Steuarte, sone to the Commissarey of Dunkelden, and aboute a dissone more of the most active and leadinge men in Athole. The Earle he sent prissoner to Stirling castle, and the rest to Edinbrughe, onlie one Jo: Hendersone, Chamberlaine to the Earle of Athole, he caused fetter with irons. He made the Atholians pay ten thousand pound for the charges of his armey, with the tent and tuentie pennie of ther estaites, as the rest of the kingdome had formerlie done; as also to send southe to the armey a regiment of 500 men, wnder the command of the Earle of Athole himselue. In this expeditione he tooke nothing bot quhat he payed for, except from suche as stoode out aganist the couenant. So he returned and disbandit his armey, aboute the 27 of Julij, this same zeire. In this expeditione he wssed exacte discipline, and the day befor he disbandit, he caussed execut for or 5 for robing and stealling.
At this same werey time that Argyle wes scurging the heighlanders, Colonell Robert Monro was commandit north, with the tytle of Maior Generall, and with him a thousand footte; bot quhen he cam to Aberdeine, he was recrutted with ane addition of 500 footte more, and tuo troupes of horsse, commandit by Capitane Forbesse. His first exployt was the apprehend of 26 citicens of Aberdeine, that wold not subscriue the couenant; thesse he sent prissoners to Edinbrughe, wnder a gaurde, quher they wer all shutte wpe in closse prissone; then tooke he the housse of Drum, and sent the Laird therof, and his brother Robert, bothe prissoners to Edinbrughe. Therafter he tooke 15 or 16 barrons and gentlemen, that wold not subscriue the couenant, and sent them wnder sure gaurdes prissoners to Edinbrughe, to be taught by the committee of estaites to speake ther auen countrey language. Monro manteind his armey one thesse gentlemens estaites; and for the superplus of the samen, he was compteable to the committee of estaites at Edinbrughe.
After this Monro crossed Spey, and lay doune befor the castele of Spynie, wich at his first coming he tooke, and the Bischope of Murray prissoner therin; the place being wnfurnished bothe of men and amunitione. He tooke the Bischope with him, and putt a garisone in his castle.
From Spynie, Monro recrossed the riuer Spey, and with all hostility plundred the Marques of Huntlies landes, tooke the castle of Strathbolgie, and putt a garisone in it. He tooke offe Huntlies landes tuo thousand horsse and catle, forby maney thousandes of sheepe, and therof keept ane opin markett at Strathbolgie, and solde them backe to ther ouners at 54sh. Scottes the peice. From Strathbolgie he marches, the 2d of Agust, this same zeire, to Bamffe, quher he playes the deuill, and demolishes the Lord Bamffes housse, wich wes both faire and staitly, and a grate ornament to that pairt of the kingdome. Heire I leue him plundring and destroying the policey of the land; and reducing all thesse that formerlie danced after Huntlie and Bamffes fidling (quho called themselues the Kinges frinds) to the obedience of the couenant.
The 28 day of Julij, this zeire, the generall assembley sat doune at Aberdeine, quherin Mr Androw Ramsay, one of the ministers of Edinbrughe, wes chosen moderator. It satte wntill Wedinsday at night, the 5 of Agust, quherin was no bussines of aney consequence handled, bot onlie a persecutione aganist al suche ministers as did not rellishe the couenant weill, was raissed; and the execution therof remitted to a comittee of ministers and reuling elders.
The 21 of Aguste, this zeire, the Scottes armey crossed the riuer Tueed on Fryday, and entred England in the eiuning; and one Saterday in the morning they wer mustered, 200 companies of footte, 4000 horsse, and 2500 bagagers.
Sr Alexander Leslie, of Balgonie was Genrall;
Lord Amont, Leiuetenant Generall;
Balzie, Maior Generall;
Sr Alex: Hamilton, Gen: of Artylyzrie;
Col: Jo: Leslie, Gen: Quartermaster.
Ther was in this armey of noblemen, colonells hauing old experimented souldiers, to ther leiuetenants and maiors, the Earles of
Rothes,
Montrois,
Dumfermling,
Kingorne,
Loutheane,
Dalhousie.
And of Lordes and Earles eldest sones that had regiments, ther wer,
Lindesay,
Loudon,
Erskyne,
Montgomerie,
Drumond,
Carnegey,
Elcho.
The Earle of Montrois had tua regiments, one of Perthshyremen, the other of Forfarshyremen.
The armey crossed the riuer Tyne one Thursday the 27 of Aguste, 1640; quhat hapned wnto them 2 dayes befor ther arriualf ther, and ther victorey at Neuburne, take for the surest informatione a letter wrettin by the comittee with the armey, to the committee of the estaites at Edinbrughe:-
The day befor the armey came to the Foord of Tine, called Neuburne, the Generall and Comittee sent tuo letters, one to the Maior of Newcastle, and ane other to the Gouernour, desyring a free passage; wich being caried by a drumer, was refussed to be receaued, and so returned wnopined. Quhen the armey cam to their night leauguer vpone Thursday in the eiuening, the 27 of Aguste, aboute wich tyme the Generall, the Leiuetenant Generall, the Earle of Montrois, Lord Ker, Generall-Maior Lesley and some others, going aboute the feildes towardes the watter, ane Englishe troupe appeired aboue the watter brae, within a shorte distance of them; both haltit, while some more of our horsse came vpe, and then the Englishe returnit againe ouer the watter. It was laite that night befor the armey came to ther quarters; vpon the morrow, the generall commandit that the shouldiers should be refreshed with wictualls, wich was done according to the prowisione they had. In the afternoone, foure pices of ordinance wer sent to a litle hill one the northe syde of the riuer, ouer aganist the Englishe workes; and trinches wer cast wpe one the other syde of the foord, planted with musqueteires to stope the passage; the Englishe leaguer wes one the wther syde wpone a hill, aboute one myle from the watter, quher the bodey of ther armey wer reckoned to be 2500 horsse, and about 5000 footte. The horsse wer stronge and lustie, and the men weill armed. The Englishe, aboute 12 houres of the day, drew wpe a 11 troupes of horsse in a heughe, a litle be east the foord, quher they stood in order till 2 houres in the afternoone. They had 4 peice of ordinance, wich did begin and play vpone our people quho cam neire the watter syde. The musqueteirs shotte wpone our souldiers aboue 3 houres befor they did shootte one shote at them. The first of ours wer tuo of Colonell Hamiltons traines, wich so amazed thosse at the worke, that they fell doune flat one the ground, as they had beine dead. After this, some of our grate ordinance, and some of our feilding peices wich we planted in conuenient places aboute, did discharge vpone the foottemen that wer in the workes, and hauing killed aboute 20 of them, did so affright them, that all the foottemen fled confusedly; the horssemen coming to second them, ver so beattin with the grate ordinance, that a grate maney of them wer made to flee. This so animatted our souldiers, that horsse and footte vith all possible haist went ouer the watter, and tooke them all prissoners that stayed in the trinches. Maior Ballintyne, with a few of our horssemen, so resolutly charged the Englishe horssemen at the other syde, and they fled at the first charge, and oures folloued them to the hillsyde, quher, after they had drawin themselues vpe to some order, they mounted the hill, and charged the Englishe cauallrie the 2d time. The Generalls Excellencey being one the head of oure troupes, by his grate caire and proudence so managed the bussines, that quhill some of ours wer in disorder and redey to giue backe, he gaue the first charge himselue, and put the rest too it in suche a maner, that the Englishe wer put to the route. All our horsse did not win vpe, bot suche as cam vpe behaued themselues so couragiouslie, that wee know not quhom to comend most.
Sr Thomas Hopes troupe being charged by the Englishe in a straite passage, did so acquyte themselues, that they beatt backe ther enimes, killed maney of them, and tooke some prissoners. Colonell Ramsay, assisted by Colonell Leslie, did second them with als grate courage and resolution as could be; Sr Patricke Macgie and his troupes did ther parte manfullie; zea, all that cam foruard acted ther pairts resolutely, that if ther had beine more houres of day light, by all appeirance ther had beine more of the enimey killed and takin. It is not certaine how maney of them are slaine and hurte, nather of quhat quality; bot ther are maney of ther armes found. One Charles Porter, sone to Endymion Porter, quho wes coronett to the Lord Conway, is killed, and the standard found. Sr Jo: Digbie, commander of the horsse, and Mr Wolmett, eldest sone to the Lord Wolmett, Seriant Maior Generall, or Commissarey Generall of the Horsse, and Seriant Maior Oneill, and a grate maney more horsse and footte are takin prissoners. One oure syde, sundrie wer hurte; Sr Patrick Macgies sone, and one Thomas Dauling, wer killed, with tuo or three of other troupes. The persutte was so hotte and suddaine, that it wes endit befor our foottemen could come vpe, notwithstanding they made all possible haist. Wpone the morrow after the conflicte, the generall and comittee resolued to wreat a letter to the maior and aldermen of the toune of Newcastle, to craue from them prowisione for the armey; bot in the meane tyme, getting intelligence that all persons of aney not, had abandoned the toune with bage and bagage, some by sea and some by land, they tooke ane other resolution; wherwpone they directed the Shriffe of Teuiotdaile, with a trumpeter, to speake with the magistrats of the toune, to craue entrey and prouisione, wiche was granted. The generall and comittee entred within the toune one Sunday in the morning, being mett by the maior and aldermen, and conwayed to the maior his housse. After they had planted some horsse and footte to be gaurd within the toune, they desyred the magistrats to prowyde wictualls for the armey. Mr Alexander Hendersone was appoynted to preache in one of the toune kirkes, and Mr Androw Cant in one other, wiche they did accordinglie. After sermon, the committee mett, and ther gratest difficultie was to gett present wictualls for the armey, in respecte the Kinges armey had spent quhat was redey, and the bakers and millers had fled from the toune.
One the morrow, being the last of Aguste, the comittee mett againe, and appoynted a searche to be made for all the magazins and garnaries in the toune, quher they found grate store of cheise, some bisquett, aboundance of raij, beanes, peasse, and werey much amunitione. So wee houpe in God, ere wee depairte heire, our souldiers shall be sufficiently refreshed, and a competent prowisione furnished for a furder marche. The Earle of Lothean is appoynted gouernour of the toune so long as wee stay heire. The prissoners of the comon souldiers wer for the most pairt pressed men, are lett free; the 3 pryme officers are to be disposed one, as ze shall know heirafter; the horssemen wer putt in prissone wntill they be ransomed.
Thir tuo grate workes, in passing the riuer aganist suche forces and preparations, and in getting entrey into Neucastle, are so miraculously wroght by Gods prouidence, beyond all expectatione, that you and wee haue reasone to giue thankes for it solemly, and it ought to be thankfully remembred to all posterity. In the meane tyme, wee must wsse all ordinarey meines, and prowyde for all inconveniences that may arraysse; that wee losse not that throughe our negligence and laicke of prouidence, wich it hath pleased God to giue ws, so far beyond our merite and expectation. And becausse maney off our souldiers haue rune away, wich may be ane occasione to the quhole armey to mutonie, wherof some run away in quholl companies who wer brought backe, and the tent man hanged; as also our horssemen quho haue had the conflicte are thereby weakened. And in respecte ther was so grate neglecte in not putting out the horsse according to ther rent, wee therfor earnistly intreate your Lordschipes to causse haist thither with all expeditione, als maney horsse and footte for a recruit to ws, als weill for strenthing the armey as securing the passages; and if aney of them vant armes, ze may send als maney with armes as may secure ther passage heither, and lett the rest come without armes, quho shall be prowydit heir sufficiently. Lett the men come alonge with the Earle of Marischalls regiment, quho is appoynted to come wpe in all haist; and if Hempesfeild haue aney men at Iedbrughe, or one they way, lett them with all haist. Wee intreat you to wsse all possible meines to haist Generall Maior Monro to the Borders, quher he is to receaue orders; the expeditione he is to be imployed in concernethe the countrey; ze wold therfor with all speed haist him heither, and especially ze wold be cairfull that all that haue run away, and gone backe to Scotland, may be sent hither to the armey with the first quho come, for wnlesse thesse cowardly rascalls be sent backe, it will mightily discourage the haill armey, and giue occasione to thesse that are heire to make a mutinie and run away. Your Lordschipes wold also causse the noblemen and wthers quho haue gottin commissions for managing the shyres, put ther commissions in execution, especially in putting all men betuix 60 and 16 in regiments and companies, that they may be exercissed, and made in readinesse ather to defend themselues or supplie ws quhen neid shall requyre.
And becausse wee should neuer leaue offe to bege for peace, wee haue therfor resolued to send a supplication, to be presented to his Maiestie by the Earle of Lanrickes meines, ore Sr James Gallowayes, to quhome wee haue wreattin a letter, and the supplication therin inclosed; the copey of both wee haue sent to you. The colonells of the regiments of the armey will send you a list of all the runawayes, whom you shall causse send backe or punishe as they deserue; and that they may be the better knowen, wee desyre that ther names may be printed, with ther designations of the paroches and shyres quher they duell, as a marke of infamie wpon them, as they justlie deserue; and after they are printed, causse send them to the seuerall presbeteries of the kingdome, and affixe the same one the mercat crosses and wther publicke places. All other thinges wee remitt to a furder occasione, and rests,
Your (Lo:) most effectionat frind and seruants,
A. Leslie,
Rothes, Montrois, Dumfermlinge,
Louthean,
Lindesay, Loudon,
Erskyne, Amonte,
Montgomerey,
Drumond, Sr Will: Douglas,
Sr Alex: Hamilton,
Will: Balzie,
Alex: Gibsone,
James Suord,
Heughe Kennedey,
Leauguer, besyde Neucastle,
2d September, 1640.
The Kinges forces thus defaitt, the generall and comitte hauing gained the toune of Newcastle without a blow, refresht ther armey, and wreat a letter to the Earle of Lanricke, laitly made Secretarey for the Scottes affaires, the Earle of Stirling being laitly deceassed, and therin they inclosse a werey humble petitione to be by him presented to his Maiestie. To the Earle of Lanricke they did wreatt thus:-
Noble Lord,
As wee haue euer professed and declared, als weill by our wordes as actiones, that the boundes of our desyres are, and euer shall be, the redresse of our vronges and reparation of our losses; and that wee vill neuer leaue offe in all humility to suplicat his Maiestie for the same; thir hes moued ws now hauing come this lenthe, zet againe humblie to petition his Maiestie to take our causse to consideratione, and grant our desyres. Wee are debarred from sending or carring our suplications in ane ordinarey way, wich makes ws to haue adresse to your Lordschipe, earnistly intreatting your (Lo:) in our names to present this our petition heirin inclosed to his Matie, and in humility to bege ane anssuer therwnto, to be sent with the bearir to ws, quho shall endeuor to approue ourselues his Maiesties loyall subiectes, and most unwilling to shed aney christian blood, far lesse the Englishe, quherof wee haue giuen werey good prouffe, by our bygane carriadge, to eurey one quho with violence hath opposed ws; zea euen to thosse that entred in blood with us, and wer takin prissoners, quhom wee haue lettin goe with meat and money. Notwithstanding that all thesse of oures, quho did debord from ther quarters, are miserablie massacared by thesse wee can tearme no otherwayes then cutthrottes. Our behauior to thesse that are in Neucastle can vittnes our intentions, wich is to live at peace with all, and rather suffer then offend. Wee bought all with our money, and they extortione ws to the triple walew. Ther panicke feare made the most pairt of them flee the toune, and stope ther auen trade; bot wee haue studied to solue ther doubtes, and all our actions shall tend to that wich is iust and right; so wee could wishe they wer so interprett to a trew sence; and quhateuer be the euent of bussines, wee hope the blame shall not lay wpone ws.
Your (Lo:) effectionat
frindes to serue you,
Leauguer, A. Leslie,
2d Sept. 1640. Rothes, Montross,
Lothean, Amont,
Alex: Hamilton,
Will: Douglas,
Ia: Suord,
The Earle of Lanrick receauid this letter at Zorke, and incontinent, after the resait of the same, deliuered to his Matie the petition therin inclossed, sent him from the generall and committee of the estaites of parliament, with the Scottes armey, as followeth:-
To the Kinges most excellent Maiestie, the Petition of the Commissioners of the lait Parliament, and wthers of his Maties loyall subiects of the kingdome of Scotland:-
Humblie shewethe,
That quher after our maney suffringes this tyme past, extreame necessity hath constrained ws for our releiffe, and obteining our humble and iust desyres, to come intill England, wich, according to our intentions formerlie declared, wee haue in all our iorney liued wpone our auen meines, wictualls and goodes brought alonge with ws; and nather troubling the peace of the kingdome, nor harmeing aney of your Maiesties subiectes, of quhatsomeuer quality, in ther persons or goods; and haue carried ourselues in a most peaceable maner, till wee wer pressed by strenth of armes to put suche forces out of the way, as did, without our deseruing, and as some of them, at the poynt of death, hath confessed, aganist ther auen conscience, oposed our peaceable passage at Neuburne one Tyne, and haue brought ther auen blood vpone ther auen head, aganist our purpois and desyre exprest in our letters sent to them at Neucastle, for præuenting the lyke or grater inconweniences; that wee may without all furder opposition come to your Maiesties, presence for obteining from your Maties iustice and gudnesse, satisfactione to our just demandes.
Wee, your Maiesties most loyall and most humble subiectes, doe still insist in that submissiue way in petitioning, quhilk wee haue keipt since the begining, and fra wich no prouocation of your Maiesties enimies and ours, nor aduersity we haue befor susteined, nor prosperous succes can befall ws, shall be able to diuert our myndes; most humblie intreatting your Maiestie wold, in the deipnes of your royall wisdome, consider at least of our pressing griuances, prowyde for the repairing of our wronges and loss, with the adwysse and consent of the estates of the kingdome of England, conweinet in parliament, satle ane firme and durable peace, aganist all innouations by sea and by land; that wee with cheirfullnesse of harte pay wnto your Maiestie, as our natiue King, all deutifull obedience that can be expected fra loyall subiectes; and that aganist the maney and grate eiuells quhilk at this tyme are thretting both kingdomes. Quherfor all your Maiesties good and louing subiectes tremble to think offe, and quhilk wee beseiche, God Almighty in mercey tymouslie to auert; that your Maiesties throne may be established in the midest of ws in religion and righteousnesse; and your Maiesties gratious anssuer wee humblie desyre, and earnistly waitt for.
The 30 of Agust, this zeire, 1640, being Sunday, the castle of Dunglas wes blowen wpe, wither by accident ore otherwayes, is not werey certaine; bot by all probability, it was done of sett purpois: for the Earle of Hadingtons peadge, ane Englishеman, Eduard Paris by name, wes supposed to be the actor of this mournfull tragidey; for he had in his custodey the keyes of the waulte quher the pouder lay, nather wold my Lord, his master, trust aney with the key bot him. He perished ther amongest the rest, no pairt of him was euer found, bot ane arme, holdinng ane iron spoune in his hand. In this catastrophe, ther perished men of most accompte:-
Thomas, 2d Earle of Hadingtone;
Robert Hamiltone, his brother;
Mr Patrick Hamilton, his basse brother;
Coll: Alex: Erskyne, 2d sone to Johne, 2d Earle of Mar, lait Lord Thesaurer of Scotland;
Sr Johne Hamilton of Readhousse;
Sr Gideon Balzie, of Lochend;
James Inglis, of Inglistoune;
Johne Coupare, of Gogar;
Sr Alexander Hamilton, of Innerweick;
Alexander Hamiltone, his sone;
Johne Gattes, Minister of Bunckell;
Leiuetenant Johne Stirlinge;
George Waughe;
Dauid Pringell, Chirurgian;
and about 54 comon seruants, men and women; the wer about 30 gentlemen, and others wich wer griuously woundit, most of wich recouered.
One thing wounderfull hapned, befor this miserable accident, wich was, that about eighte of the clocke, one the Thursday at night befor the blouing vpe of the housse of Dunglas, ther appeired a verey grate pillar of fyre to arrysse from the northe easte of Dumbar, as appeired to them in Fyffe, who did behold it, and so ascendit towardes the southe, wntill it approached the verticall poynt of our hemespheare, zeilding light as the moone in her full, and by litle euanishing wntill it became lyke a paralaxe, and so quyte euanished aboute 11 of the clocke in the night.
Befor that the Scottes armey, and committee of parliament with them, had petitioned his Matie aboute 2 dayes befor, some of the Englische nobilitie did present wnto him the follouing petitione:-
The humble Petition of your Maties most loyall and obedient subiects, whoes names are wnderwreattin, in behalffe of themselues, and diuersse others.
Most gratious Souerainge, the sence of that deutie and seruice wich wee owe to your sacred Matie, and our earnist affection to the good and weilfaire of this realme of England, hath moued ws in all humility to beseiche your royall Maiesty to giue ws leiue to offer to your princely wisdome, the apprehensione wich wee, and others your faithfull subiectes haue conceaued of the grate distemper and danger now threatting the kirk and staite, and your Maiesties royall selue; and of the fittest meines how they may be prewented and remoued.
First, the eiuells and dangers wherby your Matie may be pleased to take notice, are thesse; that your sacred persone is exposed to hazard and danger in the present expeditione aganist the Scotts armey; and by occasione of this varr, your rewenewes much wasted; your subiects much burdenit with aide and conducte money, billitting of souldiers and vther militarey charges; and diuersse rayottes and disorders are committed in seuerall pairts of this your realme, by the souldiers raissed for that seruice; and your haill kingdome is full of feares and discontents.
Secundly, the sundrie innovations in mater of religion, the othe and canons laitly imposed vpon the cleargie and others your Maiesties good subiects.
Thridly, the grate increasse of poperey, and the imploying of popeisch recusants, and others disaffected to religion, (and by contraire to law established,) in places of power and trust, especially of commanding of men and armes, bothe in field and in sundrie countries of this realme, wheras by lawes they are not permitted to haue armes in ther housse.
Fourtly, the grate mischeiffe that may fall vpone the kingdoome, if the intentions wich haue beine credibly reported of bringing Irishe forces, should take effecte.
Fyftly, the wrging of shipe money, the persecutione of some shriffes in the star chamber for not leueing of it.
Sextly, the heauey charges vpon merchandice, to the discouraging of trades; the multitude of monopolies, and wther patentees, quherby the commodities and manufactories of the kingdome, are much burdenit, to the grate and vniwersall greiuance of your people.
Sevintly, the grate greiffe of your subiects, by the longe intermissione of parliaments, and the laite and former dissoluing of suche as haue bein callit, without the effectes wich otherwayes they might haue produced.
For remedey wherof, and preventing of the dangers to your royall persone, and to the haill estaite,
They doe in all humility, and faithfullness, beseiche your Maiestie, that ze wold be pleased to sumond a parliament within some shorte and convenient tyme, wherby the causse of thesse and other grate griuances wich your people lay wnder may be takin away, and the authors and counsellers of them may be brought to suche legall trayell and condigne punishment, as the nature of ther seuerall offences shall requyre; and that the present varr may be composed by your Maiesties wisdoome, without blood, in such a maner as may conduce to the honor and saftie of your Maiesties persone, the conforte of your people; and the vnity of both your realmes aganist the comon enimies of the reformed religion; and your Maiesties petioners shall euer pray, &c.
Francis, Bedford; Robert, Essex; Warwick,
Rutland, Billingbrooke, Excester, Say and
Seall, Mandeweill, Eduard, Haward.
This petitione receauid from his Matie the anssuer, that befor the resait of ther petitione, he did weill forsee the dangers that wer threattning himselue and his crounes; and therfor resolued, by the 24 of this mounthe, at Zorke, to sumond all the peires, and with them to consulte quhat in this caisse is fittest to be done for his auen honor, and the saftie of the kingdome, wher they with the rest may offer aney thing that may conduce to thesse endes.
As for the Scottes petitione, sent by the committee of parliament vith the armey, it receaued onlie this shorte anssuer from Secretarey Lanricke; that his Matie ordained them to send the particular of ther demandes. Wherwpone, by Sr William Fleminge, 2d sone to Johne, Earle of Vigton, the sent to Zorke, the 8 of September, ther demands, in a letter from the committee to the Earle of Lanrick, containing sewin artickells:-
First, that the actes of parliament, haldin second of Junij last, be proclaimed in his Maiesties name.
Second, that the shipes with all damnages by sea, be restored.
Thrid, that the castle of Edinbrughe be prowydit and keipt for the defence of the kingdome, and not for the hurte of the same.
Fourte, that a coursse be takin for satisfeing the charges that the kingdome hes beine put to.
Fyfte, that the authors of our troubells be censured, and punished as they deserue.
Sext, that our compatriotts in England and Irland, be not wrged with aney new othes, contrarey to the othe of ther couenant.
Seuint, that a solide peace be concludit betueen the tuo nations, in the parliament of England; and that all proclamations and pamphletts that hes beine wsed aganist ws, be recalled.
Thir 7 demandes being delivered by the Secretarie to his Maiestie, he commandit Lanricke to returne them this anssuer, wich he did by letter of the 11 of Septr:
My Lord and much respected freinds,
You hauing, as his Maiestie ordained, sent the particulars of your demandes, his Matie hes commandit me to lett you know, that vpone the meitting of his peires, (as was by his Maiestie formerly mentioned,) he will communicat your petitione vith that grate counsaile; and after ther aduice, speedily returne such ane anssuer as shall be iust and reasonable. And furder, I am commandit, in his Maiesties name, to demand suche officers and others of his subiectes as are detained by you, wich was omitted by a mistake of Sr William Barclay. This is all I haue in charge to impairte vnto you, so I continew
Your (Lo:) seruant,
and effectionat frind,
LENRICK.
Zorke, 11 Sept.
1640.
The 15 of this September, the castle of Edínbraghe was surrendred, and one the 18 of the same mounthe, ther marched out of it some sex score and seuinteine men, with fleeing colors; bot in ther mouthe bage and bagage, the most of them all being seike. Ther wer killed and deyed in it, during the seedge, about some tuo hundereth of all sortes.
Ruthuen, Lord Etricke, the Gouernour, was spoyled with the scurwey, his legges suelled, and maney of his teith fallin oute; for from the 6 of Junij, they had hed no freche watter at all.
They left in it 50 barrell of pouder, a grate quantity of ball of all sortes, with a hudge prowisiones of meall, peasse, beiffe, bacon and fishes of divers sortes, bothe dray and pickled.
From the castle gaite to the toune of Leith, they wer conwayed with a gaurd of thre companies of musqueteires, and shiped for Beruick, the 19 of Septr: Etricke, the Gouernour, himselúe going thither by coatche.
The 19 of September, this same zeire, the committee of estaites caused publickly, at the mercat crosse of Edinbrughe, sumond thre score and fyfteine noblemen, officers of estaite, bischopes and gentlemen, &c. by William Steuarte, Kyntire Pursuevant at Armes, to compeire befor the parliament the 19 day of Nouember, 1640, to anssuer to ther misinformations and seditious stiring vpe of his Maiesty aganist the subiectes of his natiue countrey, &c. wnder the paines of heighe tresson and forfaultrey.
That comittee of parliament with the armey at Neucastle, sent the subsequent letter of the 23d of September, to the Secretarie, Lanricke, with a petitione therin to be deliuered to the Kinges Matie.
R. Honorable,
It is our pairt still to insist in our humble suplications to his Maiestie for redresse of our griuances, and reparatione of our losses, and with als grate patience as can be to await his Maties royall pleasur. This hes made ws againe to send this our renewed suplicatione, to put his Maiestie in rememberance of our former, wich wee intreat your (Lo:) humblie, in our names to represent, and to bege for ws a gratious anssuer, with als much haiste as his Maiesty, in his princely and royall wisdoome shall thinke expedient.
Your (Lo:) humble seruants,
A. LESLIE, &c.
To the Kinges most excellent Maiesty, the humble Petitione of the Commissioners of the lait Parliament, and others, his Maiesties subiectes of Scotland:-
Humblie shewing, That quhen your Matie, by the anssuer of our lait supplicatione, hauing appoynted the 24 of this instant mounth for that grate meitting, quher wee should receaue the anssuer of our humble petitione, wee haue presumed by this to remember your Maiestie of our former; and heirby againe doe earnistly wishe and humbley bege such resolution as may tend to the glorie of God Almighty, the honor of your Maiesty, and the peace and weillfaire of your dominions; for wich benefitt we both hartily pray and applay our weeke indeuores as they quho are especially oblidged, and doe aboue all earthly thinges desyre, that your Maiesty may longe and prosperously rainge ouer ws, who doe wait for your Maiesties gratious anssuer.
The 24 of September, the Englishе peires mett at Zorke, werey frequentlie; to wich assemblie his Maiestie spoke thus:-
My Lords,
Vpone suddine invasione, quher the dangers are neire and instant, it hathe beine the custome of my prædicessors to assemble the graite counsaile of the peeirs, and by ther adwysse and assistance, to giue ane tymly remedie to such eiuells as could not admitt ane delay, so longe as must be of necessity alledged for the assembling ane parliament. This being our conditione at this tyme, and ane armey of rebells lodged within this kingdome, I thoght it most fitt to conforme myselue to the custome of my prædicessors in lyke caisses, that with your adwysse and assistance wee may wyslie proceid to the chestisment of thesse insolencies, and securing of my good subiects. In the first place, I must lett you know, that I desyre no more then to be rightly wnderstood of my people, and to that end I haue resolued to call ane parliament, having alredey giuen order to my Lord Keeper to isshew the wreat instantly; so that the parliament may be assembled be the 3d of Nouember nixt, wither, if my subiectes bring thesse good affections that becomes them towardes me, I shall not faile one my pairt to make it a happey meitting. In the mean tyme, ther is tua thinges quherin I shall desyre your adwice, wich indeid wer the cheiffe causses of your meitting. Firste, what anssuer to giue to the petitione of the rebells, and in what maner to treat with them. Of wich, that you may giue a sure iudgement, I haue ordred that your Lordschipes treulie and cleirlie be informed of the stait of the haill bussines, and wpon quhat reasons the adwysse of my priuey counsaile was groundit. The 2d is, how my armey shall be keiped togider one footte, and manteined wntill the suplie of ane parliament may be had; for so longe as the Scottes armey remains in England, I thinke no man will counsell me to disband myne; for that wold be wnspeakeable losse to all this pairt of the kingdome, by subiecting them to the greidie appetyte of the rebells, besydes the wnspeakeable dishonor that will therby fall wpone this natione.
The grate counsaill of the Englishе peires adwyssed the King to appoynte a trettey with his Scottes subiectes, wich was ordred to begin at Rippon, in Zorkeshire, the first of October, this same zeire. The comittee with the armey, requyred a saue conducte to ther commissioners, not onlie wnder his Maiesties hand, bot lykwayes wnder the handes of the peeires; wich by them was anssuered in a letter directed to the committee of the Scottes parliament, that it was not the custome of England that aney should ioyne with the King in giuing a saffe conducte, bot onlie his aụen hand was sufficent; to wich they acquiesced by ther letters to the counsaill of peeirs, and to the Earle of Lenricke, by Sr Peiter Killegray, of the dait the 29 of September.
The eghte that wer commissionat to treate with the Englishe commissioners at Rippon, wer,
Charles, Earle of Dumfermling;
Johne, Lord Loudon;
Sr William Douglas of Cauers;
Sr Patrick Hepburne of Waghton;
Johne Smithe;
Mr Alexander Wederburne;
Mr Alexander Hendersone;
Mr Archbald Ihonston.
Wee, commissioners of the parliament of Scotland, wnder subscriuand, giue full pouer and commission to Charles, Earle of Dụmfermling; Johne, Lord Loudon; Sr William Douglas of Cauers, Sr Patrick Hepburne of Waughton, Johne Smith, Mr Alexander Hendersone, and Mr Archbald Ihonston, to meitt and conveine with the noblemen, peeires of England, appoynted for the conference anent his Maiesties anssuer to our demandes, with power to them to conferre, treat and demand, conforme to the instructions alredey giuen to them, or quhilk shall heirafter be giuen or sent to them; and to report to ws at all occasions. In wittnes wherof, wee haue subscriued thir presents, at Newcastle, the last of September, 1640.
The committee of parliament delivered to ther commissioners publick instructions, consisting of 5 artickells, and priuat instructions of 9; the publicke wer,
Firste, You are to represent to the noblemen, peeires of England, that conforme to the Earle of Lenrickes letter, at his Maiesties command, you are come to receaue from them his Maiesties anssuers to our iust demands, contained in the conclusione of the last parliaments printed declarations, and letter to the Earle of Lenricke, in anssuer to one of his, wherin his Maiestie commandit ws to be particular in our desyres.
Secundo, If you fall wpon a trettey, you are to demand intertainiment for our armey wntill the trettey be endit, and our peace secured.
Tertio, Quhat desyres, propositions or anssuers, shall be made, ather be you or to you, are to be done in wreatt, and exchanged wnder the handes of the clerckes one ather syde.
Quarto, You are to demande a saffe conducte to all suche as shall be sent from the committee heir to you, and from you at all occasions.
Quinto, And if it be found expedient that a gratter number of commissioners be sent from this to the trettey, you are to demand the lyke saue conducte for them, as is granted to you.
The priuat instructions wer,
Firste, If the Englishe craue a sight of your commissione and instructiones, you are to demand the lyke of thers, wiche if they doe, że shall send a copey of thers to ws.
2. Anent the intertainiment of the armey, ze may requyre a full soume of 40,000 lib. starling, per mensem; and for the better easse of the Englishe, to craue that the seas may be oppin, that we may bringe victuall from Scotland and other places.
3. If aney obiections wich wer formerlie made aganist our proceidinges, be renewed, you are to regard the former anssuers made therto, exprest in vreat or print, to wich you may referre thinges.
4. If aney new propositions, demandes or difficulte obiections be made, you are to desyre them in wreatt, and send them with your auen oppinions to ws, quhosse adwysse you must haue befor you giue determinat anssuer therto.
5. If a treattey begin, you are to craue that the ordinarey post way may be free for the transporting of our letters to Edinbrughe, from whence wee must haue speedie aduertisments and resolutions, becausse of the necessarey correspondence betuixe both the committees.
6. If the Earle of Traquaire come to the meitting, as one appoynted to treat, you are to declyne him, as one wee are to challenge for the eiuell offices done to the natione, especially in his malewersation anent the proceidinges of the parliament and assembley at Edinbrughe.
7. You ar to giuę informatione to the Englishe of all our proceidinges, and lett them particularlie know our bypast actions, deportments and resolutions, conforme to our printed declarations; and withall let them know, how ill wee haue beine delte with by our enimies, als weill some of our auen countreymen as ther prælats, who haue beine too bussie in our affaires for way to erecte poperey.
8. If the trettey goe one, you are to shew that wee must dispersse some of our troupes, horsse and footte, in the countrey; and if they desyre you shall goe no further into England, you shall anssuer, you shall not goe be southe the river of Teese; so that none of the Kinges forces come one this syde of the same.
9. If the Englishe auerre that they haue a full pouer to treatt and conclude, and requyre the lyke of you, you are to anssuer, that the granting of our demands will be satisfactorey to ws; bot if ther be aney alteration desyred, or new demands, or ouertours proponed, you are to heire and reporte; and in respecte you are to treatt by wreatt, you may gett ane more ample commissione, or otherwayes quhat is to be treatted and aggreid one be ratified heire.
Of the Englishe peeires ther mett at Rippon, to treatt with the eight Scottes commissioners, the Earles of,
Hairtford,
Bedford,
Bristoll,
Holland,
Salsburey,
Barkshyre,
Warwick.
The Lordes were,
Pagett,
Saweill,
Dunsmore,
Howard,
Brooke,
Paulet,
Wharton.
Ther first meitting, wich was appoynted to be at Northalertoune, was, at his Maties desyre, againe ordained to be at Rippon, wher they all mett the 2d of October this zeire, 1640. The effects of ther first meittings, I find exprest in a letter wrettin from the Scottes commissioners to the committee with the armey, from Rippon 3d of October.
Rt Honorable,
That wee came to Rippon one Thursday at night laite, ane houer after some of the Englishe Lordes. This day at 9 of the clock, wee mett all in one housse besyde the churche, and sat doune aboute a table, whervpone was layed paper, pen and incke for eurey man. The Earle of Bristoll was speaker, who caused ther commissione wnder the grate seall of England to be read, and gaue ws the copey therof, subscriued by Sr Johne Burghowes, wherof receaue the double. Our commissione wes also read, and ane copey delivered to them. Wpone oure demandinng ane anssuer to our demandes, the Earle of Bristoll, in name of the Lordes, desyred to know if all our demands wer conteined in that letter to the Earle of Lanricke; quherwnto wee anssuered, and at ther earnist desyre dytit to the clercke, as ze will find in the inclosed paper; lyke as he shew that the Lordes had appoynted his Maiestie to appoynt some to informe them anent our bussines and lawes of our kingdome, wherof they professed they could not be bot ignorant; and that the Kinges Maiestie had named thosse that wer present, (the Earles of Traquare, Morton, and Lenricke, with Sr Henrey Vaine, to informe and assist them in the trettey) whervpon wee gaue in, in wreatt, the declinator of the Earle of Traquare, and debarring of the rest from the trettey, quherof the inclosed is a copey, wich they haue sent away to the Kinges Matie for to know his will, befor they gaue ws our anssuer. After some remouealls to a priuat roume appoynted for that end, (as ane other is for ws quhen wee haue to doe) they wrged ws to lay doune the last zeires pacification as the ground worke of the ensewinge trettey; quheras we wrged that the order of our demands, wich wes the subiecte of ther and our commissione, might be followed. The Earle of Bristoll proponid, that according to the maner accustomed in all treatties, ther might be a present cessation of armes, and desyred to think vpon all particulars conteined in the inclosed, wherin quhen wee had proponed that clausse anent the intertainment of the armey, with this narratiue that they thought it expedient that armes should ceasse in the accustumed maner of treatties; they earnistly dealt ws to change that expressione for poynt of honor, and conceaue it rather conditionally as it is sett doune. They desyred also ane copey of thesse particulars for to send them presentlie to his Maiestie, with our declinator of Traquare, and delayes all furder meitting till they gett the Kinges anssuer, quhilk they expecte at 9 or ten houres to morrow; therfor your Lordschipes wold giue ws your best adwisse in all caisses you can coniecture of his Maties anssuer, quhat shall be our carriadge if the Kinge discharge the Englishe Lordes to proceide withoute the assistance of these Scottes Lordes, and of Sr Lewes Steuarte, quho is ioyned with them to reasone in all publick debaittes, as wee heire. Wee had wrettin this for zester night, bot attendit all this day to see if wee could receaue the Kinges anssuer to our particulare demandes, wherof ther is no appeirance as zet. Lyke as wee haue this fornoone from the Lordes, the petitions of Northumberland, Durhame and Newcastle, indorsed be Sr Johne Burrowes, quherof wee haue sent your Lordschipes the coppies to be anssuered by your Lopps. The Shriffe of Teviotdaile hath anssuered the declaration giuen in aganist him. Wee could wishe your (Lo:) to send heither tuo or three good wreatters, of quhom wee stand in continuall neide; and for faulte of ane clercke, wes forced to appoynt Mr Johne Cleis. Als soune as wee receaue the Kinges anssuer, wee shall take a tyme to adwysse with your Lopps, and so rests,
Your (Lo:) affectionat frinds,
Subscriued Commissioners.
Rippon, 3d October,
1640.
In respecte that his Maiestie, in September last, had called a parliament to meitt at Westminster the 3d of Nouember, this same zeire, this trettey was adiorned from Rippon to London, betueen the Scottes and Englishe commissioners. New commissions wer giuen, and some persons addit, and wthers changed one bothe sydes, as ze may behold in the subsequent commissions:-
Wee, the commissioners of the parliament of Scotland, being a full number of both quorums therof wndersubscribing; forasmuch as the Kinges Maiestie, our dread Soueraign, hath beine gratiouslie pleased, vpon our humble supplications, to appoynt a treaty and conference at Rippon, betuixe our commissioners chosen and sent by ws for that effecte, and a number of the peeres of England, who accordingly met, and haue accorded vpone certaine artickells, als weill anent the mantinence of our armey, as anent the cessation of armes during the treatie. And becausse the tyme for the ensewing parliament of England could not permitt the treaty to come to the wished conclusione ther, his Maiestie was therfor lykwayes pleased to transferre the said treaty to London, quher the said parliament is to hold; that ther, thesse entrusted by his Maiestie and estaites of parliament may haue the better tyme and place to treat and conclude theranent.
Therfor wee, the said commissioners, being a full number of both quorums therof, wndersubscriuing, by wertew, and conforme to the commissione granted to ws by the estaits of parliament, doe not onlie approue the said artickells alredey aggred vpon and subscribed by our said commissioners at Rippon; bot also doe, by thesse presents, giue full power, warrant and commissione, to Ihone, Earle of Rothes, Lord Lesley, &c.; Charles, Earle of Dumfermling, Lord Vrquhart and Fyuie, &c.; Ihone, Lord Loudoun; Sr Patrick Hepburne of Wachtoun; Sr William Douglas of Cauers; William Drumond of Riccartoun; Johne Smithe of Edinbrughe; Mr Alexander Wedderburne of Dundie; and Hugh Kennedy of Aire, as members of the estaites of parliament: and becausse maney thinges may occure concerning the churche and assemblies therof, therfor, besydes thesse of the estaites, wee nominat and appoynt Mr Alexander Hendersone and Mr Archbald Ihonstoun, whom wee adioyne for that effecte, with power to them, or aney sewin of them, ther being alwayes tuo of eurey estaite, to passe to the said citie of London; and ther, or at aney other place conuenient, (mutually to be aggried vpon) to meitt and conueen with aney who shall be appoynted by his Maiestie and estaits of parliament of England for the forsaid treaty; giuing, granting and committing, lyke as wee, by thesse presents, giue, grant and committ to them in maner forsaid, full pouer, warrant and commission to treat, consulte, adwisse, determine and aggree, als weill anent the satisffieing of our demandes, as in obteining and securing a setled peace for all tyme coming, conforme to the instructions giuen to them heirwith, or wich shall be sent to them heirafter, by vs, or aney one of the said quorums at the campe or Edinbrughe theranent. With pouer to them, as said is, to doe euery thing wich may conduce for the better and eassier obtaining of our saides demandes, and establishing a settled peace, conforme to the said particular instructions; in such lyke maner as wee might doe, if we wer all personally present ourselues in full number. Promissing to hold firme and stable, all and euery thing our said commissioners, in maner forsaid, sall doe in the premisses, conforme to the said instructions. And in caisse it shall be found expedient or necessarey to adde aney more commissioners to the forsaid persons, thesse who shall be sent authorized wnder our handes, ore the full number of aney of the said quorums, shall haue a lyke power and commission, by wertew of thesse presents, with the fornamed commissioners, in such lyke maner as if ther names wer particularlie exprest heirin. In vittnes wherof thesse presents are subscriued at Newcastle and Edinbrughe, the last of October and 4 of Nouember, 1640.
Sic subscribitur,
Rothes, lo: Cooper,
Montrois, Tho: Hope,
Cassils, Riccarton
Lothian, Caprinton,
Lyndesay, Gailgirth,
Balmerino, Dundas,
Naper, Eduard Edgar,
Burghly, Rich: Maxwell,
Iames Scott,
George Porterfeild,
Hume,
Hamiltonn,
Mr Will: More,
Ja: Suord,
Hugh Kennedy,
Rutherfoord.
The Englishe Commissioners wer authorized to treat, by this subsequent commission, wnder the broad seall of England, with approbatione of bothe housses of parliament, bearing dait the 23 of Nouember, in the 16 zeire of his Maiesties rainge.
CHARLES, by the Grace of God, King of Scotland, England, France and Irland, Defender of the Faith, &c. To our right trustie and weill beloued cousins, Francis, Earle of Bedford; William, Earle of Harteford; Robert, Earle of Essex; and to our right trustie and weill beloued cousin and counsellour, William, Earle of Salisbury; and to our right trustie and weill beloued cousin, Robert, Earle of Waruick; and to our right trustie and weill beloued cousin, Ihone, Earle of Bristoll; and to our right trustie and weill beloued cousin and counsellour, Henrey, Earle of Holland; and to our right trustie and weill beloued cousin and counsellour, Thomas, Earle of Berks; and to our right trustie and weill beloued Philipe, Lord Wharton; William, Lord Paget; Eduard, Lord Kimbalton; Robert, Lord Brooke; Ihone, Lord Paulet; Eduard, Lord Howard of Estrick; Thomas, Lord Sauil, and Francis, Lord Dunsmore, greetting.
Wheras, diuers of our subiects of Scotland, haue, by ther seuerall petitions, humbly besought ws, that wee wold be gratiously pleased to grant wnto them certaine demands; wee, reposing especiall trust and confidence in your grate wisdoumes and fidelities, haue named, assigned and appoynted you, and by thesse presents doe name, assigne and appoynt you, ore aney ten or more of you, full pouer and authority to treat with Ihone, Earle of Rothes; Charles, Earle of Dumfermling; Ihone, Lord Loudoun; Sr Patrick Hepburne of Wachtoun; Sr William Douglas of Cauers; William Drumond of Riccartoun; Johne Smith, Baliy of Edinbrughe; Alexander Wedderburne, Clerck of Dundie; Hugh Kennedy, Burges of Aire; Alexander Hendersone and Archbald Ihonstoun, or aney of them, or aney other deputed or to be deputed by our saides subiects of Scotland, ore nominated one ther behalffe; and to take into your serious consideration the saids demands, and composse, conclude, and end all differences arrysing thervpon, or otherwayes as you, or aney ten ore more of you, shall in your wisdomes think fitt. And quhatsoeuer you, our commissioners forsaid, or aney ten or more of you, shall doe in the premisses, wee doe by thesse presents ratifie and confirme the same. In wittnes wherof, wee haue caused thesse our letters to be made patents. Wittnes ourselue, at Westminster, the tuentie 3d day of Nouember, in the sexteinth zeire of our rainge,
Per ipsum Regem.
The parliament of England mett at Westminster the 3d day of Nouember, to wich it was called, to quhome his Maiestie spoke thus:-
If I had beine beleiued in the last parliament concerning the present affaires, wee wold not now be quher we are; bot men are slow to beliue that so grate seditions wold rysse one so small groundes. Nou the honor and saftie of this estaite is in danger; and I put myselue freelie and cleirlie one the affections of my Englishe subiects; and so I haụe declared myselffe in the north, as the Lordes who wer at Zorke may remember. I will not speake so much to strenthen my auen interest by your support, as to haue the comon secured. The charges I haue beine at for securing it are grate, tho the successe haue not anssuered our expectatione. I leaue to you to consider the best way for sauetie and securitie. Tuo thinges I recommend to you – the chasing out of my rebells. Secondly, the redresse of your just griuances. I must also mentione tuo other thinges; that the money had from the citey will onlie suplie my armey for tuo mounthes from the tyme it was demandit. Now consider the disorders and mischeiffs may happin befor the rebells be putt out. Secondly, consider the calamity of Northumberland whill as this treaty is one footte, wherin also the quholl kingdome suffers ther auen share; and for ordering thesse affaires, take into your consideration the loue and caire of the kingdome. I will not limitt you quher to begin. I haue commandit my Lord Keeper to giue you ane accompte of that quhilk hath hapned during this interim since the last meitting. If this relatione be not satisfactorie, or in aney thing imperfecte, it is for want of tyme; and if afteruard ze desyre to be informed more particularlie, order shall be giuen. One thing more I must remember, that ze lay assyde all ielosies and suspitions one of ane other; so it shall not be my fault if this parliament haue not ane happey end.
The treatty being laitly adiorned from Rippon to London, the Scotts commissioners arriued at the place appoynted, the tenthe day of Nouember; and one the morrow ther cam to them the Lords Wharton and Sauile, from the Lordes that wer at Rippon, and shew them of ther cairfull performinge of the artickells aggreid one, especially anent the mantienence of the armey, and that the parliament had aggreid to raisse als much money, to easse the tuo counties and toune of Neucastle, as to pay the conditioned proportione for tuo mounthes.
The Kinge, in his first speiche to the parliament at its doune sitting, named his Scotts subiects rebells; wherat the pryme men of both housses of parliament wer both offended and greiued, bot especially thesse of the lower housse; wich moued his Matie to call the speaker of the Housse of Comons to him, the 5 of Nouember, and ther to smouthe his rigide expressions formerlie wssed aganist his Scotts subiects, as also anent the tretty with them.
Mr Speaker, – I expecte that you will haistily make a perfyte relatione to the Housse of Comons, for wich I haue called you at this tyme, and of the trust I reposse in them; and now I haue put myselue freelie on ther loues and affections at this tyme. And how that you may know how to doe, I shall explaine myselue in one thing I spake the last day. I told you the rebells were to be put out of this kingdome; it is trew I might call them so, so longe as they haue ane armey to inwade ws; and also I am now vnder a trety with them, and wnder my grate seall doe call them subiects, and so they are too. Bot the effecte of my affaires are shortly thesse. It is trew that I did expecte quhen I called my Lordes and grate ones at Zorke, to haue mett you at this tyme, onlie to haue giuen you a gratious anssuer to all your griuances; for I was in some hope, by ther wisdomes and assistance, to haue made ane end of thesse bussines; bot I must tell you, that my subiects of Scotland did so delay them, that it wes ther faults. Therfor I can no wysse blame the Lords that wer at Rippon, that the tretty was not endit, bot must thanke them for ther industry and pains; and certainly if they had had als much power as affection, I should by this time haue beine read of thesse affaires. Bot now the tretty is transferred to London, quher I shall conclude nothing without your knowledge and approbatione, for I doe not desyre to haue this worke done in a corner; so I shall oppin all the stopes of miswnderstanding, and coursses of thesse grate differences betuix me and my subiectes of Scotland; and I doubte not bot by your assistance, make them returne wither they will ore not.
The eleuenth of Nouember, the King sett out a proclamation, commanding all popeishe recusants not to come neire the courte, or within 10 myles to London, bot to repaire to ther auen duellinges, without especiall licence; also that all recusants be disarmed as the law requyres.
This day, lykwayes, ane other proclamatione is sewed out at the court gate, commanding a generall fast to be keeipt througheout the realme of England.
It is to be remembred, lykwayes, that one the 19 day of Nouember, this same zeire, the parliament sate doune at Edinbrughe, to wich day it was continowed. Mr William Scott, one of the clercks of parliament, did publickly intimat, by a measser, in face of parliament, that if ther wer aney to represent aney thing from his Matie, ore in his name, or exhibiting is warrand to the estaits of parliament now conweined, that they presently compeire. None compeiring, the parl: in one woyce elected Robert, Lord Burghlie, to be president of that session of parliament; and the same was by acte continewed wntill the fourteine day of Ianuarij, 1641, following; and in the meane tyme, the parliament declared current to that day.
I cannot omitt how Sr William Withrington, a member of the House of Comons, the 11 of Nouember, spoke some wordes to the preiudice of the Scotts armey, and wes presently takin by one Mr Hollies, and hardly escaped the censure of the housse; for then our good brethren wold not haue ws called rebells, bot houpit that ere long the Scotts armey should be called the Kinges armey. So hotte wes ther affectione to ws then.
The parliament, as I said being continowed till the 14 of Januarij following, from the 19 day of Nouember; the King wreat ane letter of the dait from Whitehall, the last of December, this zeire, quherin he altered the harshe tytile of rebells, wnto that of weill beloued:-
Charles Rx,
Rt trustie and weill beloued cousins and counsellours; Rt trustie and weill beloued cousins; Rt trustie and weill beloued, &c. Wee greete you weill. Wheras, for sundrie grate and waightie occasions, muche importing the good of our seruice, wee cannot with conuenicencey be present in our royall persone, nor send our commissioner at this tyme for holding the parliament in that our natiue and ancient kingdome of Scotland; as lykwayes, by reasone of the absence of maney of the nobility, and others, of quhosse iudgement and fidelity wee haue grate confidence; and quho cannot, without muche difficultie, repaire so suddaintly thither. It is, therfor, our pleasur, that you continew and prorogat the parliament wntill the threttenth day of Apryle nixt to come, with continowation of dayes, to the effecte that wee may, in the meane tyme, maturlie conclude and resolue vpon suche thinges as may most conduce for the good of our seruice, and peace and trew happines of our kingdome, wich alwayes hath beine, and still is, one of our cheiffest caires. Quherin, expecting your redey obedience, wich wee will acknouledge as werey acceptable seruice, wee bid you fairweill. From our courte at Whytehall, the last day of December, 1640.
And this muche for the pryme emergents and bussines of gratest consequence, concerning this kingdome, acted in the 16 zeire of this Kinges rainge; onlie lett it be remembred, that befor the tretty was transferred from Rippon to London, the parliament alloued the Scottes armey the mantinence of tuenty fyue thousand pound starling, mounthly.
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