State Papers, 1643: February-June

February-June

His majesties answer to the protestatioun gevin in to him by the lord chancellor of 23 February, delivered 1 March 1643. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Wee have considered of your proposition, and the commission by which you are authorized to come hether from the commissioners for conserving of the peace betweene both kingdomes; we have lykewise duely and carefully examined and weighed the act of pacification betweene our two kingdomes, and upon which yow seme to ground yor commission, and to hold yourselves warranted and obliged to contribute your outmost endeavours for unity of religion and uniformity of church government within all our dominions, and for removall of the differences between us and our two houses of parliament.

There is nothing concluded in that treaty by that act, which we shall not with all solemnity and constancy allwayes observe; and hope it will be the care of all our loving subjects of both nations precisely to do so too, that the peace may be perpetually kept betweene them. Neither is there any meanes wee would not use to remove these unhappy differences betweene our two houses of parliament and us, as we have done to prevent them; but wee doe not yet understand, that yow, or the commissioners for conserving the peace betweene both kingdomes, are warranted and obliged by that act to interpose in these assayres and differences in our kingdome of England; and therefor wee cannot, in a businesse which so much concernes the honour and interest of the nation, admit yow under that capacity or consent, that yow goe soe qualifyed to our two houses of parliament for such a mediation, untill yow shall make it appeare to us upon what branch of that act this warrant and obligation of yors, and of them that sent yow, is founded.

Reply to the kings answer of the 1^st March, given in the 3^d March 1643.

From the public records of Scotland in the laigh parliament house at Edinburgh.

As your majesties christian and royall inclination to peace many tymes before, and now againe manyfested in your majesties constant prosession to use all meanes for removeing the unhappie differences betwixt your majestie, and your two houses of parliament, did, before our comeing hither, make us hopefull of good successe in our imployment; so did we conceive, from your majesties safe conduct granted unto us, that at our comeing, our commission for that end wold have beene unquestionable, and our humble endeavors and mediation acceptable to your majestie.

The grounds upon which it may appeare, that the commissioners for conserveing the peace did find themselves warranted and obliged to interpose in these affaires and differences, ar at length exprest in their letter to your majestie, and in their declaration to the houses of parliament; wherupon the safe conducts wer granted, which wer no other bot the dewtie they ow to God almighty, by their nationall oath to your majestie, their soveran lord, by their alledgeance and greatest native interest in the safety of your royall person and greatnes; to the kingdome of England by their publict faith and fraternitie; and to their owne native countrey, your majesties kingdome of Scotland, by nature, and by the trust reposed in them by your majestie and your parliament, unto which they could not be anfrable, if they should not use their best endeavors for removeing these differences betwixt your majestie and your houses of parliament, as reflexing upon that kingdome, and evidently tending to the disturbance of the comon peace of the two kingdomes; knoweing assuredly, that if the parliament had beene sitting, they would have taken this as a matter of greatest necessitie and concernement, before all other things, to their most serious consideration.

A speciall obligation and warrand of this desyre and dewtie of mediation doeth also aryse from the ansswer, which your majestie and your houses of parliament did give unto the eight demand in the treaty of pacification, concerning unitie of religion, which was not onely propond as a principall meane for conserveing of peace betwixt the two kingdomes, and hath beene a ground to the commissioners for conserveing of the peace, to insist in the same desyres to your majestie, as a principall meane of peace, bot also of diverse petitions to your majestie, from the generall affemblie, and the commissioners thereof, and of your majesties ansswers to them; of declarations from them to the two houses of parliament, and from the two houses of parliament to them; and of diverse letters to your majestie, and declarations to the houses of parliament from the lords of privie counsell for unitie of religion, and uniformitie of kirke governments, as promiseing peace, prosperitie, and all sorts of blessings to both kingdomes.

Upon these and the lyke grounds did the commissioners for conserveing the peace, seconded with the approbation of the lords of the counsell, and with the joynt desires of the commissioners of the generall assemblie, find themselves warranted and obliged to use all good meanes, and to contribute their utmost endeavors for that unitie of religion, and uniformitie of kirke governement, in all your majesties dominions, and for removeing the differences betwixt your majestie and your houses of parliament; and for these so much wisched for ends, have sent us of their owne number, your majesties most humble and faithful subjects, who would esteeme it our greatest happynes on earth to have the honor to be instruments in so good a work; and now doe againe, in all humilitie and faithfulnes, according to our commssion, offer our service and best endeavors to your majestie, and desyre to be permitted by your majestie to go to the houses of parliament, that we may, without longer delay, acquitt ourselves in the trust committed unto ws.

His majesties answer to the reply of the 3 March delivered by the erle of Lanerik 24 March 1643. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Wee have made noe profession or used noe expressions of our intentione to peace, which our actions have not, and shall alwayes make good. God and the world will beare us witnesse, wee have omitted noe possible meanes our understanding could suggest to us to remove those unhappy differences: bot how our safe conduct, which is onlie a safe admission of yow into this kingdome, should conferr a capacitie upon yow or qualifie yow in a condition that law hath not given yow, wee cannot understand. Our safe-guard shall by no meanes be violated, though wee cannot admit the authoritie and obligation yow pretend to by your commission.

As wee shall to our utmost power maintaine and defend the laws of that our native kingdome in that kingdome, so wee have beene and shall be most punctually carefull not to doe or (to our power) to suffer any thing to be done in this, which may reflex upone that our kingdome, or tend to the disturbance of the commone peace of our two kingdomes, and so may have any ground of inviting any such mediation to us. But wee conceave thair is more ground for those, who sent yow as conservators of the articles of treaty, to think themselves sufficiently authorized to take notice of and resent the declaration of our two houses of parliament inviting our subjects of that nation to assist against us, as being a desire directly contrary to the articles of the treatie, and which doeth really and evidently tend to the common disturbance of the peace betweene the two kingdomes, and so within the proper bounds of their commission and trust.

Wee have againe daliberatlie considered of the answer of the eight demand in the treaty of pacification concerning unity of religion and uniformitie of church government, and cannot find in that answer the least obligation or warrand of this desire of yours in the poynt of mediation, the answer of ws and our two houses of parliament here to that desire being this, we did approve of the affection of our subjects of Scotland in their desire of haveing a conformity of church government between the two nations. And as the parliament had already taken into consideration the reformation of church government, soe they weld proceed therein in due tyme as should best conduce to the glorie of God and peace of the church and of both kingdomes; bot that this reformation should bee by abolishing the order of bishopps out of this kingdome, or that the conservators of the articles of treaty should intermedle in the tyme or circumstances of such a reformation, which cannot be judged without the knowledge of the laws and policie of this kingdome, is not soe much as implyed by any words in that answer or in the whole act of pacification. And the act of parliament of our kingdome of Scotland, which authorizes the commissioners for concerving of the articles of the treaty (which is the style of the commissioners, from whom yow are sent, and who have all their authority by vertue of that act) gives them power onhe betwixt the sitting of the parliaments to conveene amongst themselves or with such as shal be chosen by us and our parliament of England, and to endeavour by all lawfull meanes for preserving and keeping the sayd articles of peace concluded in the sayd treaty allanerly and no otherwise, declairing that the power of this commission shall be restryned to the articles of peace concluded in the said treaty; soe that those commissioners have not the least title or authority to interpose in matters of difference within the kingdome of England bot onlie where the peace and articles concluded betweene the two kingdomes ar violated. And if neither of those acts of parliament give the least colour or authority to those commissioners (as apparentlie they doe not) to undertake a mediation in the unhappy differences of this kingdome, yow will find noe other title to it by your nationall oath, by nature, and by your publict fayth and fraternity, then any other of our good subjects of that our native kingdome of Scotland or indeed of either of our other kingdomes may challenge to themselves; and whither that can be a capacity of mediation betweene us and both our houses of parliament (when under pretence of their commands armes are taken up against us, and endeavours have been used to destroy us and our children) yourselves will easielie judge; neither hath any consent beene given by us to it in our answers to any letters from the commissioners of that our kingdom of Scotland (what desires and intimations have beene in their letters to us or in their declarations to both houses of parliament is not materiall) which is acknowledged in their letter to our secretary of Scotland dated from Edinburgh the 16 of November 1642, in which they say, they cannot perceive a cleere approbation from us of their sending and mediation; neither can wee by any meanes admitt, that the commissioners of Scotland for concerving the articles of treaty, or the lords of our councell of that kingdome, or the commissioners of the general assemblie there ar in any degree warranted or obleidged to entermedle in the religion and church government of this kingdome, which is so intermixed with the civil government, that the same cannot be understood by them.

And for those reasons and those formerlie given by us, wee most insist upon our former answer to your proposition.

Answer to his majesties paper of 24 of March given in the 1 Aprill 1643.

From the public records of Scotland in the laigh parliament house at Edinburgh.

If your majesties native kingdome of Scotland could in conscience of thair dewtie to God, of loyaltie to your majestie, of provideing for thair awne safetie, and of charitie to thair brethren of England, have sitten still as idle beholders of the present combustion and calamities; it might have been accompted a presumption or officiousnes, to offer to interpose and meddle in matters, wherein they wer not speciallie concerned. Bot that manifold and undeclinable necessitie did constraine the commissioners for conserveing the peace betwixt the two kingdomes (who by reason of the trust reposed in thame by your majestie and the late parliament, and of the universall expectation of that kingdome, wer in dewtie most concerned to bestirre thamselfs in maters of that kind,) to offer in all humilitie and love thair best service and endeavores to your majestie and the two houses of parliament, for a desireable and blissed pacification. For this purpose, and for no other publict or private project or designe of thair awne, did they crave a safe conduct (the constitution of affairs and the condition of the tyme so requiring) for such of thair awne number, as they should desire to send to your majestie and the two houses of parliament; which your majestie was graciouslie pleased to grant, without ather opposeing that, or intimating any other end of thair repairing into England; which they conceive your majestie would have done, if thair mediation (which imploreth no other authoritie, bot that they are warranted and obliged to make offer of this thair humble dewtie and service) would not have beene acceptable. Yett do they not pretend your majesties safe conduct to be ane invitement of this mediation, bot onlie a warrant of admitting, and a ground of accepting of thame, who, according to thair commission from your majestie and the parliament, had applyed thameselves to so pious and necessary a dewtie.

Wee do earnestlie beseeke God, by whom kings reigne, to blisse your majestie in your royall and fatherlie care of the conserving of the peace of your dominions, bothe in thameselves and of eache of thame with another; but as no humane prudence or sollicitude is able at sometymes to prevent the comotion of kingdomes, so it is impossible, wher kingdomes be so neerlie joyned betwixt thameselves, and so straitlie united under on head, to extinguish the sympathie and sense of the troubles of thair head and fellow subjects, or so to stop the deluge of the troubles of the on, that it affect not the other with the danger of the lyke, to the disturbance of the comoun peace of both. The commissioners for conserving the peace, according to thair dewtie, for the performing whereof they are to an swere to your majestie and the parliament of that kingdome, did consider of your majesties severall letters and declarations to thame, expressing your confidence in your majesties subjects there; and did so far take notice of the invitation of the two houses of parliament for assistance, that after long and mature deliberation, they resolved without any other determination or undertaking, to send up some of thair number to receive in presence particular and full information of the differences betwixt your majestie and thame; to offer, in all humilitie to your majestie, and in all love to thame, thair earnest desires and best endavores to prevent the effusion of more blood by an happie accomodation; and if the differences wer greater then by thame could be removed, to make trew relation of the state of matters and faithfull account of thair diligence to your majestie and parliament of that kingdome, who in thair greater wisdome and authoritie wer to consider and resolve what is fitt to be done, in the tyme of so great difficultie and dangers, for your majesties honor, thair awne safetie, and the comon peace of both kingdomes. Which course and method if they had not followed, they could not have beene answerable neither to God nor to your majestie and the parliament, nor to the christian world, which might justlie wonder and be astonished, that they, who latelie had the sense of trouble, should sitt still in ease and securitie in the tyme of the danger of religion, your majesties persone, and thair awne peace, and of the distresse of thair bretheren.

When your majestie, in your royall wisdome, shall in the 8th article of the treatie be pleased to compare the demand of uniformitie of kirk government, as a principall meane of a well grounded and durable peace, with the answere acknowledgeing this desire to be a testimonie of the affection of your majesties subjects of Scotland, and promiseing that the parliament wald in dew tyme proceed to the reformation of church government, as should best conduce to the glorie of God, and peace of the church and of both kingdomes; and withall shall be pleased to consider, that the two houses of parliament have since declared to the generall assemblie of the kirk of Scotland, to the commissioners for conserving the peace, and to the lords of secret counsall, that they wer about the reformation so much desired and intended for so good ends; and at last both houses, who must have the knowlege of the lawis and policie of this kingdom, have past thair bill for abolishing the order of bishops, as a principall meane of the desired uniformitie in kirk governement: it will by this progresse evidentlie appear, that not onlie the commissioners of the generall assemblie have sufficient ground of thair late supplication, bot the commissioners for conserveing this article of the treattie have reason, from the act of pacification, and the act of parliament, for thair mediation about this point, so necessarie for a firm and satled peace, and at this tyme, when both houses have past thair bill. Nor are we out of hope, bot your majestie from your princelie inclination to peace, and your wonted justice and goodnes never to be repented of, will in end, against all difficulties, give way to this desire, which may be a meane not onlie of peace, bot of manie other blessings to your majestie and all your dominions, to all the reformed kirks, and to the whole christian world, as is at length exprest in the demand, which wes the occasion of that article of the treatie.

As the commissioners for conserving the articles of the treatie, and consequentlie for conserving the peace, in so far as it may be conserved by conserving of these articles, and by preventing and removeing all occasions, which may tend to the disturbance thereof, have power by the act betwixt the sitting of parliaments, to meete among thamselves, or with such as shall be chosen by your majestie and the parliament of England, and to endeavore, by all lawfull meanes, for preserving the articles of peace concluded in the treatie allanerlie; so it is manifest and endeniable, that whill these commissioners are not named, they may meit with your majestie, and the houses of parliament now sitting, who have the power originallie in yourselves. And as they are to conserve such articles of the treatie, as were perfectlie concluded at that tyme; so are they no less obliged to conserve everie other article of the treatie, in so far as it wes concluded, and in all reasone and equitie to procure by all good meanes, that the articles, which wer agreed upon in the general, and left dependent and promised in the particulars to be determined in dew tyme, might be perfited and finallie concluded; that all of thame at last might equallie become the object of the care of the conservers of the peace, who could not answere for thair fidelitie, if by thair ceasing or negligence they did suffer articles of this kinde, which wer more to be esteemed then some of those, that were fullie concluded, (they being so important for the common peace) to perish or expire.

If your majesties privie counsal, or others of publicke trust, upon the obligation of thair nationall oath, thair alledgeance to your majestie, and thair publike faith, should offer thamselves to interpose in this exigence, when your majesties persone and dominions are in so great denger by armies, we beleeve your majestie would take it as a pious, loyall, and charitable motion. May not then the commissioners for conserving of the peace, who beside all the former bands tying thame after a speciall maner above all other your majesties subjects, are warranted by the article of the treatie, and encouraged by your majesties safe conduct craved upon thair part for that end; and granted by your majestie to thame, as sensible of the distractions of this kingdome, for no other end be verie confident of your majesties gratious acceptance of thair mediation? The letter of the date at Edinburgh, November 16, 1642, did desire both a more cleere approbation from majestie, and a safe conduct; bot they conceiveing the obteaning of a safe conduct, which before had beene denyed, to be a reall approbation of thair desires, did not anie more insyst in seeking a formall, approbation, which upon wise considerations might by your majestie have beene past in silence.

If upon these reasons, which gave satisfaction to the commissioners of peace, your majestie think it not fitt to accept the offer of this our service in this great bussines; and if your majestie conceave the intermixture of the civill and church government of this kingdome (which the houses of parliament, who know it, judge not to be necessarie) to be a matter, that cannot be understood by the commissioners of peace, the lords of your majesties counsall, or the commissioners of the generall assemblie; wee humblie desire to know, whether according to our former proposition your majestie will permitt us to go to the houses of parliament, for delivering the declaration of the commissioners for peace, as a speciall point of the trust committed unto us. Wee do also humblie beseeche, (which is another point of our trust) that your majestie will be pleased, according to your gratious promise exprest in the late parliament, presentlie to indict a new parliament to as short a day, as upon warrant from your majestie the subjects may be lawfullie warned thereinto, for such necessarie causes as concerne the publike of that kingdome, and the common peace of the two kingdomes; that your majestie haveing declared your royall pleasure concerning these our humble desires, wee may without further dispute or delay returne to those that sent us, praying that some more fitt and effectuall meanes may be formd, for settling your majestie and your kingdomes in safetie and peace.

His majesties answer to the paper given to him the first of Aprill.

Delivered to the lord chancellor 19 Aprill 1643. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

It is acknowledged by his majestie, that if any one of the articles of the treaty had been broken or violated, (as his majestie doth not so much as see pretended) or any debate or difference had arisen thairupon (about which there is now no dispute) the commissioners had then been not onlie warranted, but obliged to have labour'd to prevent all troubles and divisions, which might arise by such a breach, to the disturbance of the common peace, and to remove and compose all such differences, according to such power as was granted to them. But till his majestie be satisfied, that authority is by some law given to the commissioners for concerving the articles of the treaty, to represent his majesties native kingdome of Scotland in this offer of mediating for a desired and blissed pacification heere, his majestie cannot see, how the pious, dutifull, provident, or charitable concernment of that kingdome in the calamities of this, or their sympathy and sence of the troubles of theyr head and fellow-subjects, can interesse the commissioners any more then any other of his good subjects of that kingdome to bestirre themselves in matters of that kind; or why any such endeavours should be by any (much lesse universally) expected from them; soe farre is hee from seeing, that any undeclinable necessity constrained them to it. And since the expresse words of the act of pacification itselfe are, that the power of the commission shall be restrained to the articles of peace in the treaty; and the very words of the commission itselfe restraine theyr endeavours to the preserveing and keeping of the articles of peace concluded in the treaty allanerly (so that his majestie cannot but wonder, whence they can pretend any obligation or authority to intermeddle with, or presse concerning any such articles as are not concluded, but still left dependent, how important soever they suppose them to be even to the common peace) and giveing them onely liberty to convene to that effect among themselves, or with the commissioners chosen by his majestie, with consent of the parliament of England, and restraining them in all their proceedings to the power granted to them in manner aforsayd, and no other wayes (as cleerly intending to restraine all power, that might be pretended to, by any inferences, analogies, or consequences, how manifest soever they might appeare) and requireing them to consist of the number of twelve, and not giveing them power to delegate a smaller number; his majesty cannot consent, that a number the law allowes not (that is three) should addresse themselves to those the law hath not appointed them (that is both houses) not only concerning that, which the law entrusted not to them (as a pacification heere) but even concerning that, from which the law expressely restraines them, that is, one of the the articles of the treaty no way concluded or agreed on, but expressely reserved by the parliament to be considered in due (that is, in their own) tyme. Concerning church government, the intermixture of which with the civill state as his majesty still conceaves to be very great and of very high concernment, and not to be understood by the commissioners, who have not the knowledge of the lawes and policie of this kingdome; so his majestie is confident (notwithstanding the declaration and the bill abolishing the order of bishops that if they well knew, how generally any thing of that kind was oppos'd whilst the houses continued full, and how much the major part of both houses were absent at the passing of that declaration and bill (in so much as his majesty is credibly informed, there were not above five lords present when the bill past) and what violent and tumultuous assemblies had occasioned so great and unusual an absence; they would be confident, as he is, that in a full and peaceable convention of parliament, both houses will appeare to bee of the same opinion with his majesty in this particular, and to have in that the same thoughts of the law and policie of this kingdome.

His majesties care, that the deluge of the troubles of this kingdome affect not that with the danger of the lyke, is very visible to all the world; his majesty, out of his great desire of continuing them in peace and tranquillity, not desireing any assistance from them, even for his owne preservation. And whoever doeth desyre any commotion there to assist their rebellious and invasive armes, will, hee hopes, bee lookt upon as the troublers of the peace, and as incendiaries labouring to lay foundations of perpetuall hostility betweene the kingdomes; and then (for ought his majestie can see) there will be no cause to suspect any commotions there, and such danger will prove rather imaginary then reall, though the conservators of the treaty containe themselves within their legall and proper bounds. His majesty wonders, that since his approbation of their mediation was desired, when his safe-conduct was askt, and the first was not given, when the latter was, that it should not have been easily seene by this proceeding of his majestie, that as he never granted the first (as seeing no authority they had for such a mediation) so he only at last granted the other as contented to heare what they would say to him upon that point, either as private persons, or to give him better satisfaction then he could give himselfe, what right they could pretend to any publique capacity of that kind. But haveing heard all they have offered, and not finding any thing that warrants them in this, in any speciall manner above his majesties other subjects; his majestie cannot with reason admitt of any private persons whatsoever into such a publique capacity, or with his owne dignity and that of this nation, allow his subjects of another kingdome, unauthorized by any law, to make themselves (under the title of mediation) umpires and arbitrators of the differences heere.

For the calling of a parliament in Scotland, his majestie desires to know, what promise of his it is, which they mention him to have particularly exprest to his late parliament. The law, which his majestie then graciously past concerning that point, his majestie well remembers (and will justly, punctually, and religiously observe, together with all the rest consented to by him) that the parliament there shall conveen upon the first Tuesday of June 1644. And according to the same act will appoynt one betwixt this and that day, if his majestie shall think fitting; who as hee is by that very law expressed to be sole judge of that convenience; so the commissioners are neither by that or any other law intrusted or enabled to judge thereof.

Letter from the speakers the of parliament of England, directed thus:

To the right hon. the lords and others commissioners for the conservation of peace in the kingdome of Scotland.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Our verie good lords,
Wee are commanded by the lords and comons assembled in parliament, to acquaint your lordships, that the bearer hereof Michaell Walden esq; is by both houses of parliament sent into the kingdome of Scotland, to deliver to your lordships and the rest of the commissioners for conservation of peace, such things, as he hath in charge by his instructions from the said houses. And therefore wee are commanded, to desire your lordships to give him credence, and admittance from tyme to tyme, and vouchsafe him such further favour, as your lordships shall think fitt; for which we shall remaine

Westminster the
18th of May 1643.

Your lordships freinds and servants,
signed
E. Manchester, speaker of the house of peeres pro tempore.
Wm. Lenthall, speaker of the commons howse in parliament.

Order of both houses of parliament of England.

Die mercurii 17 May 1643.

It is this day ordered by the lords and commons in parliament, that the English commissioners for the Scotts affaires acquaint the commissioners of Scotland with the letter intercepted by the lord Fairefax from diverse earles of Scotland, whose names are thereunto subscribed; and the lords and comons desire the earle of Linsey to acquaint the secrett councell of Scotland and the commissioners of peace for that kingdom therewith; to the end the persones of the saids earles may by them be secured, to answer what shall be objected against them from both houses of parliament in England.

Examin.

Jo. Browne cleric. parliamentor.

20 June 1643.

Produced in councel by the earle of Lindsay.

Act against incendiaries contrar to the pacification.

At Edinburgh 21 June 1643.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Forsameikle as be the act of pacification agreed upon be his majestie and estats and parliament in anno 1641, it is agreed that suche persones as sall be natives in either kingdome, and sall comitt anie offence in the realme, quhairof they sall be natives, and sall afterward remove thair persons in the other; and suche persons as sall be inhabitants in either kingdome, and sall comitt anie offence in the realme quhair they sall be inhabitants, dureing the tyme of thair habitation thair, and sall afterward remove thair persons into the other, and sall be for the same censured be the parliament of that nation quhair the offence wes committed as incendiaries betwix the nations or betwix the king and his people, sall not enjoy anie benefit civill or ecclesiasticall, or have any protection in any other of his majesties dominions; and quhairas Michaell Weldon esquyre hath produced before the commissioners for conserveing the articles of the treattie ane letter direct to thame from both houses of the parliament of England, authoriseing the said Mr. Welden to delyver to thame suche things, as he hes in charge be his instructions from both houses, and desyring the said commissioners to give credence and admittance to him from tyme to tyme, together with ane other lettre direct to thame from both houses of parliament remonstrating, that diverse great officers of this kingdome, namelie the earles of Morton, Roxburg, Annandaill, Kinnoull, Lanerick, Carnewath, have dureing thair continuance in England made thameselves incendiaries betwix the king and his people, and have advysed acts of hostility against the subjects of the said kingdome, contrarie to the act of pacification; and desiring theirfore the said commissioners, that order may be taken for speedie proceedings to be had against thame, that so they may ressave suche punishment for thair said offence, as by the said act of pacification is provydit; and hath lykwayes from and in name of the lords and comons of England now assembled in parliament demandit from the saids commissioners, that justice may be done upon the saids noblemen, whome the parliament of England hes fund to be incendiaries betweene his majestie and his subjects of that kingdome dureing thair habitation thair; and to the end they may not fley from justice nor further disturbe the peace of that kingdome, that for the present they may be disabled to medle in anie thing that may concerne this kingdome or the peace betweene the kingdomes; and that thair persons may be secured; thairfore the saids comissioners ordains maissers of councel to pass and charge the saids noblemen, &c. to compeir before thame on Munday next the --- day of June instant, to here and sie the desyres above wrytten granted, or else to shew a reasonable caus why, &c. with certification to them if they failzie and compeir not, the commissioners will proceid and minister justice conform to the articles of the treatie and act of pacification. And the comissioners declars, that this act and citation sall be without prejudice either to the said Weldon of anie declinator he sall propone in the mean tyme against the saids noblemen in this or anie other judicatoire, or of their lawfull defences against the same.

Loudoun cancellarius i. p. d.

Order of the commissioners for conserving the articles of the treatie and peace concerning some papers sent by the two houses of parliament to their commitees at Oxford.

28 Junii 1643.

From the public records of Scotland in the laigh parliament house at Edinburgh.

The comissioners for conserving the articles of the treatie and peace, haveing ressaved fra Mr. Welden in name of both houses of parliament some papers sent by thame to thaire commities at Oxford, and the demands of the said committie therupon to his majestie with his majesties answer therto concerning the commissioners, that wer sent from this kingdome, thair not going to both houses of parliament; and Mr. Welden haveing in thair name given in a proposition desireing to know, what interupted thame in the execution of thair commission, and what propositions they had according to thair severall declarations to present the parliament for the peace of both kingdomes; ordains authentick copies to be delivered to the said Mr. Welden of the instructions given be thame to thair commissioners sent to England in January last, and of the propositions presented be thame to his majestie and his majesties answers. By which it will appear, that it was neither want of affection in thame nor remissnes in thair commissioners, that hindered thair further persuance of thair instructions for the good and peace of both kingdomes; bot the successe not answering thair expectation, and ther being now a convention of estates of this kingdome frequentlie mett heir for the ends, and upon the reasons contained in this copie of the proclamation made to that effect; the saids commissioners do desire, that Mr. Welden should represent these aforsaid proceedings to both houses of parliament, from whome they have and do daylie expect commissioners authorized with full power, according to their promisses of the 13th and 20th of May last, that the proceedings of the convention of estates be not retarded; and that these busines wherin they are so speciallie concerned may be persited.

Loudoun cancellarius i. p. d.

Last propositions delyvered to his majestie 1643.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Since your majestie, upon the grounds and reasones conteaned in our former papers, is not pleased to acknowledge our interest in the present distractions of this kingdome, nor is willing to admitt of anie mediation from us, who, far from presuming to be umpires or arbitrators, did onlie according to our commission in all humilitie and love offer our best endeavores for your majesties honor and the peace of your kingdomes; and since wee are commanded in this case to returne to thame that sent us; wee will not anie more by reply trouble your majestie about this point.

Onlie in obedience to your majesties desire, it is our dewtie to shew your majestie, that beside that calling of a parliament, mentioned in the act, your majestie was pleased in the last session of the late parliament graciouslie to promise to call a parliament, when upon the urgent affaires of the kingdome it should be craved; a favor, which wes earnistlie desired, and thankfullie received by the wholl parliament.

And since wee are commanded by the commissioners for conserving the peace, (unto whom, and the next parliament wee are to answere for our fidelitie) to repaire not onlie to to your majestie, bot to the houses of parliament; wee doe againe humblie desire to know your majesties pleasure in this for our exoneration, and have no more to say, bot do beseech God to blisse your majestie and your kingdomes with ane happie peace.

Comission and instructions given be the comissioners appoynted be his majestie and parliament of this kingdome for conserving the peace, to sir David Home of Wedderburne.

Edinburgh, 30 June 1643.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Whereas it is provydit be the articles of the treattie betwixt the kings majestie and his people of Scotland, and betwix the two kingdomes, that all monuments, tokens, and shews of hostilitie upon the border of the twa kingdomes may be taken away, and that the garisons of Berwick and Carleil may be remove, the works slighted, and places dismantled, that all things betweene the kingdomes of Scotland and England be reduced to the same stat they were in before the beginning of the late troubles; and being informed, that contrarie to this article of the treatie, that thair are troups and forces brought to the borders, and hes come to the south syde of the river of Tweid at Berwick, and not onely stops passage thairto of victuall, coalls, and other necessaries, bot threatens to enter the said toun with thair troupe by force; yow shall thairfore with all diligence repaire to the toun of Berwick, and try the truth of this information, and what forces are come to the borders or to Berwick, and what aminition or assistance is offered to thame be the shipis lying thairat; and that yow lykewayes goe to anie troups or forces lying at Berwick, or neere the Scots borders, and in our name signifie to thame, that we cannot bot take speciall notice of thair comeing with forces near the Scots borders, or to the toune of Berwick and Carleil, or endevoring to putt anie troups or forces thairin, which, if they doe, will be resentit, as a breache of the treattie. And that thairfore wee do expect, that they will with all possible speed remove anie forces or troups they have neere these touns or borders, and not suffer thame to repair thair in tymes comeing. And if after this our advertisment these forces be not removed, or the toun sall be invadit, or forced to receave troups or garisons thairin, you sall shew thame we will advert to it, according to our just enterest.

Loudoun cancellarius i. p. d.