PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY VOLUME XL THE CROMWELLIAN UNION March 1903 THE CROMWELLIAN UNION PAPERS RELATING TO THE NEGOTIA- TIONS FOR AN INCORPORATING UNION BETWEEN ENGLAND AND SCOTLAND 1651-1652 WITH AN APPENDIX OF PAPERS RELATING TO THE NEGOTIATIONS IN 1670 Edited, with Introduction and Notes, by C. SANFORD TERRY, M.A. EDINBURGH Printed at the University Press by T. and A. Constable for the Scottish History Society 1902 ISO ^X!Sm mmm msBARt OCT 21 1971 465033 PREFACE The papers printed in this volume relate to the negotiations for an incorporating Union between England and Scotland, conducted by the Long Parliament in 1651 and 1652. They include the proclamations and orders of Parliament and of the Parliamentary Commissioners in Scotland in 1652 ; the assents, dissents, and petitions of the Scottish Shires and Burghs in answer to the 'Tender,' and newsletters relating to the progress of the negotiations. Most of the documents here printed are drawn from manu- scripts in the possession of His Grace the Duke of Portland. To him the Society is largely indebted for his generous consent to their publication. The Parliamentary negotiations concerning the Union, apart from its practical working in Scotland, form a subject which has been indicated in the very faintest outlines by previous writers. For that reason I have endeavoured in my Introduction to trace as fully as possible the whole course of the negotiations from their inception in 163"l,^];hr'ot^g^i. the Parliaments of 1653, 1654, 1656, and 1658, to the restoration of the Scottish Estates in 1661. I gratefully acknowledge my indebtedness to Professor Hume Brown and Dr. C. H. Firth for having read my vi THE CROMWELLIAN UNION Introduction in proof, and for many valuable suggestions therein. Dr. Firth has also allowed me to make use of the proof-sheets of the fourth volume of his Clarke Papers. I have printed in an Appendix some documents relating to the Union negotiations in the reign of Charles the Second. The Index to this volume has been compiled by Mr. Mill, whose helpful assistance I would heartily acknowledge. C. Sanfokd Terry. King's College^ Old Aberdeen, June 24, 1901. CONTENTS PAGE PREFACE, ...... V INTRODUCTION, The Union Negotiations, l651-l660, . xv I. A Newsletter, Edin., Dec. i^O, l651, . . 1 II. A Newsletter, Edin., Dec. 27, 1 651, . . 1 III. A Newsletter, Edin., Jan. 3, l652, . . 3 IV. A Newsletter, Jan. 12, 1652, ... 4 V. A Newsletter, Edin., Jan. 21, 1652, . . 6 VI. A Newsletter, Dalkeith, Jan. 24, l652, . . 10 VII. A Newsletter, Dalkeith, Jan. 27, 1652, . . 11 VIII. Commission to the Burghs to elect Deputies, Jan. 1652, . . . . .11 IX. l ist of Shires and Burghs summoned, Feb. l652, 12 X. Propositions to the Shires and Burghs, Feb. l652, 14 XI. Order for Shires and Burghs who have failed to appear, Feb. l652, . . . .15 XII. A Newsletter, Dalkeith, Feb. 3, l652, . . l6 XIII. A Newsletter, Dalkeith, Feb. 10, l652, . . 17 XIV. Assent of Berwickshire and Lauder, Feb. 12, 1652, 18 XV. Assent of Haddington, Feb. 12, 1 652, . . 20 XVI. Assent of Haddingtonshire, Feb. 12, l652, . 20 XVII. Assent of North Berwick, Feb. 12, 1652, . . 21 XVIII. Assent of Dunbar, Feb. 13, 1652,. . . 22 XIX. A Newsletter, Dalkeith, Feb. 14, 1652, . . 23 XX. Declaration by the Commissioners, Feb. 14, l652, 24 XXI. Commission to the Deputies for Orkney and Shetland, Feb. l6, l652, . . .25 XXII. A Newsletter, Dalkeith, Feb. 17, l652, . 26 XXIII. Assent of Linlithgow (Shire and Burgh) and Queensferry, Feb. 18, 1652, ... 27 viii THE CROMWELLIAN UNION PAGE XXIV. A Newsletter, Edin., Feb. 21, l652, . . 28 XXV. A Newsletter, Dalkeith, Feb. 21, 1652, . . 29 XXVI. Assent of Dumfriesshire, Feb. 23, l652, . . SO XXVII. Assent of the Heritors and others of Haddington- shire, Feb. 23, 1652, . . . .31 XXVIII. Assent of the Heritors of Linlithgowshire, Feb. 23, 1652, ..... S3 XXIX. Reasons for the Dissent of Glasgow, Feb. 24, l652, 34 XXX. Assent of Wigtown, Feb. 24, 1 65 2, . . S6 XXXI. Assent of Wigtownshire, Feb. 24, 1652, . . 37 XXXII. A Newsletter, Dalkeith, Feb. 24, 1652, . . 39 XXXIII. Desires of Dumfriesshire, Feb. 25, 1652, . . 39 XXXIV. Assent and Desires of Aberdeenshire, Feb. 27, l652, 41 XXXV. Assent and Desires of Banffshire, Feb. 27, l652, . 43 XXXVI. Assent of Cullen, Feb. 27, l652, . . . 45 XXXVII. Assent of Edinburgh, Dundee, Aberdeen, Mon- trose, Brechin, Forfar, Arbroath, Crail, Banff, Perth, Feb. 27, 1652, .... 45 XXXVIII. Assent of Forfarshire, Feb. 27, 1 652, . . 47 XXXIX. Absent of Kincardineshire, Feb. 27, 1652, . 48 XL. Assent of Burntisland, Feb. 28, 1652, . . 49 XLi. Assent of Buteshire and Rothesay, Feb. 28, 1 652, 50 XLii. Assent of Dumbarton, Feb. 28, l652, . . 50 XLiii. Assent of Dumbartonshire, Feb. 28, l652, . 51 XLiv. Desires of Edinburgh, Perth, Dundee, Aberdeen, St. Andrews, Banff, Montrose, Jedburgh , Brechin, Forfar, Arbroath, Wigtown, Feb. 28, l652, . 53 XLV. Assent of Lanarkshire, Feb. 28, l652, . . 56 xLvi. Assent of Nairnshire, Feb. 28, 1652, . . 57 XLVii. Assent of Rutherglen, Feb. 28, 1652, . . 58 xLviii. Assent of Roxburghshire and Jedburgh, Feb. 28, 1652, ...... 59 XLix. Desires of Roxburghshire and Jedburgh, Feb. 28, 1652, ...... 60 L. Petition of Queensferry, Feb. 29, 1652, . . 62 LI. Assent of Stirling, Feb. 29, 1652,. . . 62 CONTENTS ix PAGE Lii. Charter to Assenting Burghs, March l652, . 63 Liii. Commission to Sheriffs Principal, March l652, . 65 Liv. Form of Oath for Sheriffs, March 1652, . . 67 LV. Warrant establishing a Court of Admiralty, March 1,1652,. ..... 67 Lvi. Order for sending up Sir Henry Vane and Colonel Fenwick, March 1, 1652, ... 68 Lvii. Assent of Anstruther-Wester, March 1, 1652, . 69 Lviii. Desires of the Shire and Burgh of Bute, March 1, 1652, ...... 70 Lix. Assent of the Burgesses of Edinburgh, March 1, 1652, ...... 71 Lx. Assent of Pittenweem, March 1, 1652, . . 72 Lxi. Assent of Elgin, March 2, 1652, . . .73 LXii. Doubts and Scruples of Lanark, March 2, 1652, . 74 LXiii. Proposals and Desires of Lanarkshire and Dum- barton, March 2, l652, . . .76 LXiv. Desires of Nairnshire, March 2, 1652, . . 77 Lxv. Desires of Stirling, March 2, l652, . . 78 Lxvi. Assent of Stirlingshire, March 2, 1 652, . . 80 Lxvii. Desires of Stirlingshire, March 2, 1 652, . . 81 Lxviii. Declaration to Stirlingshire, March 2, 1652, . 83 LXix. A Newsletter, Dalkeith, March 2, 1652, . . 84 Lxx. A Newsletter, Dalkeith, March 2, l652, . . 85 Lxxi. Assent of Anstruther-Easter, March 3, l652, . 85 Lxxii. Form of Oath for Judges of the Court of Ad- miralty, March 3, l652, . . .86 Lxxni. Assent of Clackmannanshire, March 3, l652, . 87 Lxxiv. Assent of Culross, March 3, 1 652, . . 87 Lxxv. Assent of Cupar, March 3, l652, . . .88 Lxxvi. Assent of Fifeshire, March 3, 1652, . . 89 Lxxvii. Desires of Fifeshire, March 3, l652, . . 91 Lxxviii. Commission to the Deputy for Forres, March 3, 1652, ...... 92 Lxxix. Assent of Inverkeithing, March 3, 1652, . . 93 Lxxx. Assent of Kilrenny, March 3, 1652, . . 94 X THE CROMWELLIAN UNION PAGE Lxxxi. Assent of Kinghorn, March 3, 1 652, . . 9* Lxxxii. Assent of Midlothian, March 3, 1652, . . 95 Lxxxiii. Commission to administer the Oath to the Edin- burgh Magistrates, March 3, l652, . . 97 Lxxxiv. The Commissioners' Tender to Parliament, March 3, 1652,. ..... 98 Lxxxv. Assent of the Shire of Peebles, March 5, l652, . 100 Lxxxvi. Answer and Overtures of the Shire of Peebles, March 5, l652, . . . . .100 Lxxxvii. Protest of Sir James Stewart, March 5, 1652, . 101 Lxxxviii. Protest of several Persons in Edinburgh, March 5, l6o2, ...... 102 Lxxxix. Petition from certain Neighbours of Edinburgh, March 5, 1652, . . . . .103 xc. Ratification of St. Andrews' Deputy, March 8, 1652, . . . . . .104 xci. Commission to the Deputy for Dunfermline, March 9, l652, . . . . .105 xcii. Assent and Desires of the Shire and Burgh of Selkirk, March 9, 1652, . . .107 xciii. Assent of St. Andrews, March 10, l652, . . 109 xciv. Petition of St. Andrews, March 10, 1652, . 109 xcv. Objections of Morayshire, March 10, 1652, . 112 xcvi. Commission to the Deputy for Morayshire, March 12, 1652, . . . . .115 xcvii. Assent of Glasgow, March 13, 1652, . . Il6 xcviii. Desires of Glasgow, March 13, 1652, . . 117 xcix. Reasons for the Dissent of Kirkcudbrightshire, March 13, 1652, . . . .118 c. A Newsletter, Dalkeith, March 13, 1652, . 121 CI. Assent and Desires of Orkney and Shetland, March 15, l652, . . . .122 oil. Desires of Orkney and Shetland, March 15, 1652, ...... 123 cm. Assent of Dysart, March 1 6, 1652, . 126 CIV. Desires of Dysart, March 16, 1652, . .127 CONTENTS xi PAGE cv. Assent and Desires of the Heritors and others of Perthshire, March 17, 1652, . . .127 cvi. Commission to the Deputy for Ross-shire, March 17, 1652, . . . . .129 cvii. Commission to the Deputy for Tain, March 17, 1652, . . . . . .130 cviii. Effect of the Conference between the Commis- sioners and the Marquis of Argyll, March 18, 1652,. . .... 131 cix. Commission of Assent to the Deputies for the Stewartry of Kirkcudbright, March 18, 1652, . 133 ex. Assent of Inverness, March 20, 1652, . . 135 CXI. Commission to the Deputy for Peebles, March 22, 1652, ...... 135 cxii. Commission to the Deputies for Inverness-shire, March 23, 1652, . . . .136 cxiii. Commission to the Deputies for the Shire of Caith- ness, March 24, 1652, . . . .138 cxiv. Assent of Dunfermline, March 24, 1652, . . 138 cxv. Assent of certain of the Stewartry of Kirkcud- bright, March 24, l652, . . .139 cxvi. A Declaration of the Parliament of England, March 25, 1652, . . . .140 cxvii. Assent of Peebles, March 25, l652, . .144 cxviii. Assent of Ross-shire, March 26, l652, . .145 cxix. Assent of Tain, March 26, 1652, . . . 146 cxx. Commission to the Deputies for Argyllshire, March 27, l652, . . . .146 cxxi. Assent of Kirkcaldy, March 28, 1652, . . 147 cxxii. Offers and Desires of Peebles, March 29, l652, . 148 cxxiii. Draft of a Letter to be sent to the Commissioners, March 30, 1652, . . . .149 cxxiv. Commission to the Deputy for Morayshire, March 30, 1652, . . . . .150 cxxv. Assent of William Maxwell, of Kirkhouse, March 30, 1652, . . . , .151 xii THE CROMWELLIAN UNION PAGE cxxvi. Assent of several Heritors of Kirkcudbrightshire, March 30, 1652, . . . .152 cxxvii. Assent of Patrick Murdoch, of Dumfries, March 30[?], 1652, . , . . .153 cxxviii. Letter from the Governor of Dumbarton, April 6, 1652, ...... 154 cxxix. Dumbarton Magistrates' Refusal of the Oath, April 6, 1652, . . . . .154 cxxx. Desires of several Deputies of Shires, April 6, 1 652, 155 cxxxi. Desire of several Shires, April 6, l652, . . 156 cxxxii. Assent and Desires of the Shire of Caithness, April 8, 1652, . . . . . 157 cxxxiii. Assent and Desires of the Shire of Inverness, April 8, 1652, . . . . .159 cxxxiv. Assent of Morayshire, April 8, l652, . . l6l cxxxv. Overtures of Morayshire, April 8, 1652, . .162 cxxxvi. Petition of the Deputies for Argyllshire, April 9, 1652, . . . ... 163 cxxxvii. A Newsletter, Edinburgh, April 10, 1652, . 164 cxxxviii. Supplication of Fife, April 14, 1652, . . l65 cxxxix. Assent of Forres, April 14, 1652, . . l66 cxL. An Order by the Commissioners, April 14, 1652, l66 cxLi. Commission to the Deputy for Dornoch, April 1 5, 1652, . . . . . .167 cxLii. Commission to the Deputy for Sutherlandshire, April 20, 1652, . . . . .168 cxLiii. Instructions to the Deputy for Argyllshire, April 22, 1652, 169 cxLiv. Assent of Argyllshire, April 26, 1652, . .170 cxLV. Answer of Argyllshire to the Third Proposal, April 26, 1652, . . . . .171 cxLvi. Proposals of Argyllshire, April 26, l652, . .172 cxLvii. The Commissioners* Answer to the Deputy for Argyllshire, April 27, 1652, . . .174 cxLviii. Order appointing Salaries to the Commissioners for the Administration of Justice, April 27, 1 652, 1 74 CONTENTS xiii PAGE cxLix. Order appointing Salaries to the English Judges, April 28, 1652, . . . . .175 CL. Order for receiving and regulating the Fees of the Officers of the Court of Justice, April 28, 1652, ...... 176 cLi. Assent of Dornoch, April 30 [.J^], 1652, . . 177 cLii. Assent of Sutherlandshire, April 30 l652, . 178 cun. The Officers' Oath, May l652, . . .178 cLiv. The Officers' Oath of the Scots Nation, May 1652, ...... 179 cLV. A Newsletter, May 4, l652, . . .179 CLVi. A Newsletter, Edinburgh, June 5, l652, . .180 cLvn. A Newsletter, Leith, August 17, 1652, . . 181 cLViii. A Newsletter, August 21, 1652, . . .182 cLix. An Abstract of the Matter of Fact touching the Deputies sent from Scotland, October 28, l652, 184 APPENDIX, Papers relating to the Union Negotia- tions IN 1670 — Prefatory Note, . . . . .187 I. The Official Journal, Sept. 14— Nov. 8, l670, . 188 II. The Particular Journal, — same dates, . . 208 III. The Agreement, .... 219 IV. Note on the Scottish laws of Descent, . .221 V. Arlington to Lauderdale on the King's proposals, 223 INDEX, ....... 225 INTRODUCTION The Union Negotiations^ 1651-1660. Cromwell's victory at Dunbar on September 3, 1650, followed as it was by the capture of the Committee of Estates at Alyth on August 27, 1651, and by the victory at Worcester on the anniversary of Dunbar, impressed upon Scotland an experience which had not been hers since the days of Edward the First. Her government was extinct, her King in exile, her destinies in the hands of her conqueror. What her treatment would be was hardly open to doubt. Her avowed hostility to the sectarian ideals dominant in England, her antagonism to the political form which the revolt against the Stuarts had assumed there, forbade generosity and encouraged coercion. From such a standpoint an offer of union appeared to be in the highest degree magnanimous. ' How great a condescen- sion it was,"* writes Ludlow,^ ' in the Parliament of England to permit a people they had conquered to have a part in the legislative power." 'They [in Scotland] put it to us to consider," writes an Englishman from Edinburgh on January 21, 1652,2 ' whether if England were in Scotland's case, wee would be content or think it just hereupon to ground an Incorporating [Union]. Yes, without doubt, and be glad of it too, if England could reap so much benefit by an Incor- poration with Scotland as Scotland will have by England." The examples of Rome and Spain, and their treatment of conquered provinces, loomed largely as precedents which England had magnanimously refrained from following. Memoirs y ed. Firth, 1894, vol. i. p. 298. Inf7a, p. 9- xvi THE CROMWELLIAN UNION So early as January 23, 1651, the Long Parliament had recommended the despatch of Commissioners to settle the army's accommodation in Scotland, and to ease the charges of its maintenance by administering the districts within its occupation.^ After a reference to the Committee for Scottish AfFairs,^ the Council of State, on March 5, proposed Colonel John Hobart, Colonel Vincent Potter, and Richard Salton- stall, as Commissioners to proceed to Scotland upon instruc- tions to be given to them by the Council or by Parliament.^ Upon April 8 Cromwell wrote from Edinburgh, presumably to urge despatch in that business,* and on the 15th, the House referred the consideration of his letter to the Council of State, witli instructions ' to consider thereof, and to present the names of fit persons to be commissioners, and instructions to be given to them, and to report it to the House with all speed/^ On May 3 the Council added Colonel John Des- borough to the Commission already nominated on March 5,^ and on June 3 reported its proceedings to Cromwell. The Council, he was informed, had long had under its considera- tion the sending of Commissioners to Scotland in order to settle the districts under the army's control ; that at present it was not opportune to disclose the nature of their instruc- tions, but that Desborough had received orders to proceed to Scotland, and would act with Saltonstall under CromwelPs directions pending the despatch of fresh instructions from the Council."^ The rapid development of events in Scotland, however, enlarged and transformed the moderate control which Parlia- ment had so far contemplated. Perth fell on August 3, 1651, and Stirling three days later (August 6). On the 27th 1 Cal. State Papers^ Dom.^ 165 1, p. 19. '"^ On January 9 and February 13. — Ibid. pp. 29, 46. ^ Ibid. p. 71- * Bruce, Report on the Union^ vol. ii. p. clxix. 5 Commons' Journals, vol. vi. p. 561. 6 Cal. State Papers, Dom., 165 1, p. 177. ' Ibid. p. 236. INTRODUCTION xvii of the month Colonel Alured captured the Committee of Estates at Alyth. St. Andrews, Dundee," Aberdeen, and Mon- trose had fallen before the middle of September, and on the 3rd of that month Cromwell routed Scotland's royalist army at Worcester. Under these changed circumstances Parlia- ment at first contemplated no less than the complete annexa- tion of Scotland as a conquered province. On September 9, six days after Worcester, the House referred it to a Committee to bring in a Bill ' for asserting the Right of this Common- wealth to so much of Scotland as is now under the Power of the Forces of this Commonwealth, and how the same may be settled under the Government of this Commonwealth." ^ On September 26, the House instructed the Council of State to nominate ' fit persons to be sent as Commissioners into Scot- land, and the Number of them, and likewise of Instructions to be given unto them, for the Managing of the Civil Govern- ment and settling Affairs there, as may be best for the Advan- tage of this Commonwealth.'' ^ On September 30 the matter was remitted to the Scottish and Irish Committee,^ and on October 22 the Council was able to recommend the following as Commissioners : Chief-Justice Oliver St. John, Sir Harry Vane, junior, Major Richard Sal way. Colonel George Fen wick, Major-General John Lambert, Major-General Richard Deane, and Robert Tichborne, Alderman of the City of London.* On the following day (October 23), the House confirmed their appointment.^ The nature and scope of the duties with which the Com- ^ Commons' /ourtialsy vol. vii. p. 14. The Bill was introduced on September 30 {ibid. vol. vii. p. 22), and was read a first time. It was abandoned when the scheme of Union superseded the original policy of annexation. ^ Ibid. vol. vii. p. 21. Cal. State Papers, Dom., 1651, p. 455. Cal. State Paper's, Dom., 165 1, p. 489. The names were not accepted until they had twice (on October 13 and 21) been referred back to the Committee. Cf. ibid. pp. 474, 486. Commons^ Jotiriials, vol. vii. p. 30, The House added Monck to the Commission. h xviii THE CROMWELLIAN UNION missioners were to be charged formed the subject of con- siderable debate. On October 23, the Council of State directed the Scottish and Irish Committee to prepare instructions for them,^ and upon December 4, these were presented to Parliament.- Therein, abandoning the original idea of annexation, the Commissioners were instructed (1) to proceed to Scotland, to publish the Parliament's Declara- tion concerning the settlement of Scotland,^ and to put into effect such of its particulars ' as upon the place you shall finde cause to be put in Execution ' ; (2) to summon ' the people of Scotland, in such parts thereof [as] you shall thinke fit, to assemble themselves together at such tyme and place and in such manner as you shall appoint, to elect and choose some fit persons on their behalfe. And you are authorized to conferre with the persons deputed as aforesayd, or any others, and to prepare and ripen your owne results upon such your conferences with them, for the judgement and resolution of the Parliament'; (3) ' to informe yourselves [of the] state of that country, and of the readiest and best way [to settle] the same, and to present your opinions therein to the P[arliament] "* ; (4) ' to endeavour to promote the preaching of the Ghospel there, and the power of true Religion and holinesse . . . and to take care that all due protection, counten[ance], and encouragement be given thereunto by all in authoritie [under] the Parlament ' ; (5) ' to visit and reforme the severall Vniversities, Colledges, and Schools of Learning in Scotland, and to alter or abollish such statutes, orders, or customs in [any] of them, as you shall judge not agreeable to the good of this Island, or inconsistent with the government of this Comonwealth. And to make and frame other constitutions in their stead for the encouragement of godliness and learning, and the benefit of the people there ' ; * Cal. State Papers ^ Dom.y 1651, p. 492. ' The text of these Instructions (from the Egerton MSS., 1048, f. 142) is printed in Firth, Scot/and and the Protectorate^ pp. 393-98. ' Vid€ infra^ p. xxi. INTRODUCTION xix (6) ' to remove out of any Corporation, or out [of any] office or place of magistracy, government, or authority in Scotland, any [of the] governors, officers, or others of the Scottish Nation ^ whom y[ou] shall finde unfit for the trust reposed in them, or to be dangerous to this Comonwealth, and you shall place others in their roomes . . . for the good and peace of the people of this Island ; (7) ' to endeavour by the best wayes and meanes you can to preserve the peace of that Nation, and that the people there may have r[ight and] justice duely ad- ministered unto them. And to that end, as neere a[s the] constitution and use of the people there and the^ present aff[airs] will permit, ... to see that the Lawes of England as to matter of government be put in Execution in Scotland. And ... to Erect, allow, alter, or continue any Court or Courts of justice or judicatories . . . and to appoint or place in every of them such judges, justices, officers, and ministers, English or Scotts,^ ... as you shall judge needfuU and most con- duceing to the peace and good of that people, and to the setling of them in obedience to the Parlamenf; (8) to ad- minister oaths in pursuance of these Instructions ; (9) to commit to prison and otherwise restrain such persons as should oppose the commands and authority of Parliament; (10) to manage and improve confiscated estates in Scotland for the best advantage of the Commonwealth; (11) to reward such persons as had deserved or should deserve the favour of the Parliament; (12) and (13) to organise and control a public revenue; (14) to be present at all Councils of War; (15) to exercise Admiralty jurisdiction in Scotland; (16) to appoint and commission such officers as should be necessary for executing these Instructions ; (17) to employ the forces of the Common- wealth in Scotland to the same end ; (19) to make frequent ^ The words in italics were deleted by the House on December 4. Cf. Con/- mons' Journals ^ vol. vii. p. 47. ^ Deleted by order of the House, December 4, 165 1. XX THE CROMWELLIAN UNION report of their proceedings to Parliament or to the Council of State. Pledging itself to secrecy regarding them, the House remitted these Instructions to the Council of State for further considera- tion.^ On the following day (December 5), the Council instructed the Scottish and Irish Committee to deliberate upon and report them. Bulstrode Whitelock was at the same time directed to attend the Committee.^ On December 10, White- lock reported the amended Instructions to the House. Some debate arose upon the wording of the tenth clause.^ The Instructions were again debated on December 11, and after some verbal amendments,* were passed. The Attorney-General and Solicitor- General were on the same date instructed to prepare a commission for the Commissioners, and the House, still imbued with a sense of the necessity for secrecy, directed that a single copy only of the Instructions should be engrossed, and that no record of their text should appear on the Journals of the House.^ While the Instructions for the Commissioners were under consideration, the House was also engaged upon the formal declaration of its policy towards Scotland. By October 13, the Council of State had prepared a draft Declaration to be sent to Scotland with the Commissioners, and Whitelock was ordered to report it to Parliament.^ Whitelock did so on upon October 23, and after some debate, the first two clauses or ^ Commons^ Journals, vol. vii. p. 47. - Cal. State Papers, Dom,, 1651-52, p. 48. ^ The clause as it stood empowered the Commissioners to grant * any estate or lease for years, or for life or lives, or any other estate of freehold or inheritance.'' Upon the question it was resolved to retain the italicised words. — Firth, op. cit, p. 396 ; Commons^ Journals, vol. vii. p. 49. ^ A paragraph in the twelfth clause limiting the power of the Commissioners in the imposing of an assessment upon Scotland was negatived, and in the nineteenth, the instruction to them to report to the Parliament or Council of State was upheld. — Commons^ Jotu-nals, vol. vii. p. 49 ; Firth, op. cit. p. 398. ■'' Commons^ Journals, vol. vii. p. 49. *' Cal. State Papers j Dom., 1651, p. 474. INTRODUCTION xxi * particulars ' were agreed to.^ The debate was resumed upon October 28 ; some amendments were made to the wording of the fourth ' particular ' ; the Council's preamble to the Declara- tion was replaced by a new one, and in its amended form the ' Declaration of the Parliament of the Commonwealth of England concerning the settlement of Scotland' was agreed to, and the Council was directed to give order for it to be printed.^ The Declaration, so expeditiously passed, frankly and concisely expressed England's policy towards Scotland." A Declaration of' the Parliament of the Commonwealth of England^ concerning the Settlement of Scotland. The Parliament of the Common-wealth of England esteeming it a necessary care and obligation that lyes upon them, to improve the power which God hath now given them^ for the advancement of the glory of God, and the good and welfare of the whole Island, have thought fit to nominate and appoint Commissioners forth- with to repaire into Scotland, for effecting the same ; and doe hereby declare/ 1. As to what concerns the advancement of the glory of God, that their constant endeavours shall be, to promote the Preaching of the Gospel there, and to advance the power of true Religion and holinesse, and that God may be served and worshipped according to his mind revealed in his Word, with protection, and all due countenance and encouragement therein to the people of that Nation,^ from those in authority under the Parliament. 2. They doe declare, as to what concernes the freedome to be ^ Cojnmons^ Journals^ vol. vii. p. 30. ^ Ibid. vol. vii. p. 31. ^ It is printed in Acts of the Parliaments of Scotland, vol. vi. pt. ii. p. 809, and in Nicoll, Diary, p. 83. The importance of the document as enunciating England's policy seemed to demand its insertion in the text. The version here quoted is that given in A Declaration of the Parliajnent of the Commomuealth of England concerning the Settletnent of Scotland (Lond. 165^). E. 655 (li) among the King's Pamphlets in the British Museum. ^ This preamble was adopted on October 28, after debate, in place of the draft presented to the House on October 23, 1651. 5 The words in italics were added by the House upon December 24, 1651. xxii THE CROMWELLIAN UNION established to the people there, and the security to this common- wealth to be had for time to come, that Scotland shall, and may- be incorporated into, and become one Common-wealth with this of England : whereby the same Government that is established here, and enjoyed by the good people of this Nation, under the free State and Common-wealth of England, as now setled, without King, or House of Lords,, may be derived and communicated unto them, with such convenient speed, as the same can be made practicable amongst them. o. They doe declare. As to satisfaction and reparation, that they intend and expect, for the vast expences and dammages which this Common-wealth hath already undergone, by reason of the invasion in the yeare l648, by the Scots Army, under the then Duke Hamilton ; the War which they necessitated Englajid to, for their owne defence ; and the late Invasion by the Army under Charls Steivart, and for, and towards the lessening the future charge of this Common-wealth, all the Lands, Houses, Goods^ and Revenue whatsoever belonging to the said Charls Steivart, pre- tended King of the Scots : or to the Crown or State of Scotland ; and all the estates whatsoever, reall or personally of those who did invade England, under Duke Hamilton, in the yeare 1648, or were advising, contriving, or promoting thereof, or in any way aiding, abetting, or assisting thereunto ; or who were in Armes under the said Charls Stejvart, or were any way ayding, abetting, or assisting to him in Scotland ; or, who did with the said Charles Stewart lately invade England, or were ayding, abetting, or assist- ing thereunto; or since the same have raised Armes, or been Promoters, Abettors, or assisters thereof, in prosecution of the said Invasion ; or in opposition to the Forces of the Parliament of England remaining there, shall be confiscated and forfeited to the use and benefit of the Common-wealth of England ; except such who have, since the Battell of Dunbar, on the third of Septemb. 1650, deserted the said Charls Stuart, and not borne Armes since against the Parliament ; as also such, whose merits and services to this Common-wealth have, or shall render them capable of being taken into a more favourable consideration by the Parliament. 4. The Parliament doe declare. That all such persons of the Scotish Nation ^ as are not comprehended within the former Qualifications, but have kept themselves free from the guilt of ^ The italicised words were inserted in the original draft by the House on October 28, 165 1. INTRODUCTION xxiii those things which have compelled this War^ and shall now upon the discovery of their own true interest, be disposed to concur with, and promote the ends formerly and now declared by the Parlia- ment, shall be taken into the protection of the Parliament, and enjoy the Liberties and Estates, as other the free people of the Common-wealth of England. And forasmuch as the Parliament are satisfied. That many of the people of Scotland who were Vassels, or Tenants to, and had dependency upon the Noble-men and Gentry (the chief Actors in these invasions and wars against England), were by their influence drawn into, and have been involved with them in the same Evils ; it is hereby declared. That all those who are already, or shall within thirty dayes after the publication hereof^ on this side the river Tay, and within thirty dayes after publicatio7i hereof^ beyond the river Tey, and within thirty dayes after the jmhlication hereof^ beyond the river Spey, put themselves under the protection of the Parlia- ment of the Common-wealth of England, and conform themselves to their Government and regulation, shall not only be pardoned for all Acts past, but be set free from their former dependencies and bondage-services, and shall be admitted as Tenants, Free- holders, and Heritors, to farm, hold, inherite, and enjoy from and under this Common-wealth, proportions of the said confiscated and forfeited Lands, under such easie Rents, and reasonable condi- tions, as may enable them, their Heirs and Posterity, to live with a more comfortable subsistence then formerly, and like a free People, delivered (through Gods goodnesse) from their former slaveries, vassalage, and oppressions. So the House's policy towards Scotland was declared — political incorporation. On December 5, 1651, the Council of State was enjoined to keep the scheme 'under secrecy/^ Meanwhile arrangements had been made for the journey of the Commissioners to Dalkeith. On October 23 the Scottish ^ The italicised words were added to the clause upon debate on October 28, 1651. Commons^ Journals, vol. vii. p. 47. On December 16 the Council gave instructions for the Declaration to be printed, but with the following caution : ' Mr. Frost to take care that it be done with all possible secrecy.' The House, on December 24, ordered two thousand copies of it to be prepared for the Com- missioners to distribute in Scotland. — Cal. State Papers, Dom.^ 1651-52, p. 65 : Commons' Journals, vol. vii. p. 56. xxiv THE CROMWELLIAN UNION and Irish Committee was empowered to arrange for their accommodation and for the expenses of their mission.^ On November 21, Nicholas Lockyer, Mr. Caryll, Mr. Arthur, and Mr. Faulconbridge were appointed to accompany them as chaplains.^ On December 11 a sum of ^£^4000 was appro- priated to their service,^ and on the 18th those of them not already in Scotland, namely. Vane, Sal way, Fenwick, St. John, and Tichborne, received from the Speaker their Instructions and the House's Declaration of October 28.* The Master of the Rolls had already been instructed to provide them with such documents and records as they required,'' and upon December 25 they set out from London.^ On January 15, 1652, they arrived at Dalkeith.^ The first act of the Commissioners upon their arrival was to put forth a Declaration annulling all 'Power, Jurisdiction, or Authority derived from, by, or under Charles Stuart, who pretendeth himself King of Scotland, or any of his Prede- cessors, or any otherwise then from the Parliament of the Commonwealth of England.'^ The proclamation was made 1 Cal. State Papers, Botn., 165 1, p. 492. ^ Ibid. 1651-52, p. 28. On December 11 the Commissioners were in- structed to make such allowances to their chaplains as they should think fit. — Ibid. p. 56. 3 Ibid. p. 583 ; cf. pp. 180, 594. * Commons' Journals, vol. vii. p. 53. ^ Ibid. vol. vii. pp. 55, 63. ^ Nicoll, Diary, p. 73. On Dec. 17 there is a warrant of Council to the officers of the Ordnance to provide a ' close waggon ' to Commissary John Phipps for the Commissioners, and on the 19th there is a warrant to Phipps for payment of ^36, 7s. 3d. for fitting seven 'close waggons' for their use, — Cal. State Papers, Dom., 1651-52, pp. 546, 584. ' Firth, Scotland and the Protectorate, p. 31. Nicoll {Diary, p. 79) adds that *the great hous and castle belonging to the Erie of Buckcleuch wes ordored for thame.' Francis second Earl of Buccleuch had died on November 25, 1 65 1. The visit of the Commissioners to Dalkeith seems to have some- what burdened his estate. Cf. Fraser, The Scotts of Buccleuch, vol. ii. pp. 299, 301. ^ The Declaration, dated January 31, is printed in Nicoll, Diary, p. 80, and in the King's Pamphlets, E. 659 (19). It also undertook to create temporary magistrates for the administration of justice. That, however, appears to have been already done before the Commissioners' arrival. Cf. No. l. infra. INTRODUCTION XXV with due ceremony,^ and was followed by the destruction of the arms and other insignia of royalty in the High Kirk, Parliament House, Castle, and at the Mercat Cross. ^ The formal abolition of the monarchy cleared the ground for the declaration of the policy with which the Commissioners had been intrusted. Accordingly, on February 12, the Parlia- ment's Declaration of October 28, 1651, was proclaimed at the Mercat Cross,-^ and was distributed to the Shires and Burghs with an order to them to elect representatives 'of integrity and good affection to the welfare and peace of this Island,' who were to appear at Dalkeith in the course of the month, ' with full power ' on behalf of their constituents to assent to the proffered Union.* To Scotland one aspect of the threatened Union tran- scended all others. On the subject of religion the Parlia- ment's Declaration was ominously equivocal. The ' true Religion and holinesse ' which it promised to advance lacked definition; the assurance of 'protection,' 'countenance,' and ^ It was proclaimed on February 4 'at the mercat croce of Edinburgh by thair Justice or Judge Advocat [Whalley], the croce being hung with riche tapestrie, and aucht trumpettouris thairon sounding with silver trumpettis thrie severall tymes befoir the proclamatioun, and ane uther crying thrie Oyessis befoir the same.' — Nicoll, Diary, p. 79. * ' Upone Settirday the sevint day of Februar 1652, by ordouris from the Commis?ioneris of the Parliament of England now sittand at Dalkeith, thair wer maissones, carpentaris, and hammermen direct to the kirk of Edinburgh quhair the Kinges sait wes erectit, and to the mercat croce of Edinburgh quhair his airmes and unicorne with the croun on his heid wes set, and thair pulled doun the Kinges airmes, dang doun the unicorne with the croun that wes set upone the unicorne, and hang up the croun upone the gallowis. The same day the lyke was done at the entrie of the Parliament Hous and Nather Bow, quhair the Kinges airmes or portrat wes fund ; defacing and dinging doun all these monumentis and curious ensignnes. The lyke also in the Castell of Edin- burgh and Palice of Halyrudhous.' — Nicoll, Diary, p. 81. ^ Nicoll, Diary ^ p. 81. ^ This order is printed infra. No. VI 1 1. A list of the Shires and Burghs summoned, with the dates of their appearance at Dalkeith, is given in No. ix. There is no hint as to the machinery by which these Deputies were elected. Row, however (Life of Robert Blair, p. 292), says of the Convention of Deputies at Dalkeith, * they called it a Parliament.' There can be little doubt that those elected were chosen on that basis. xxvi THE CROMWELLIAN UNION ' encouragement ' to all who ' worshipped [God] according to his mind revealed in his Word ' threatened to introduce into Scotland that sectarianism which in England had so long inspired Scotland's bitter condemnation.^ On that matter the Commissioners left not a loop-hole for doubt. Accom- panying the Declaration they put forth an ' Explanation and Addition ' of their own.^ ' Ministers,' said the Commissioners, ' whose consciences oblige them to wait upon God in the administration of spiritual Ordinances according to the order of the Scottish Churches, with any that shall voluntarily joyn in the practice thereof, shall receive protection and encourage- ment from all in Authority in their peaceable and inoffensive exercise of the same ; as also shall others, who, not being satisfied in conscience to use that form, shall serve and worship God in other Gospel way, and behave themselves peaceably and inoffensively therein.' ^ The threatened toleration moved the nation to its depths.* Supernatural signs and wonders seemed to deepen the national gloom at a prospect so disas- trous.^ From every part of Scotland there poured in upon the Commissioners petitions and remonstrances. The Deputies for Stirlingshire demanded ^ ' that the true protestant religion may be in this land continued and maintained, it being the testimony we have of God's love, the privelege we enjoy beyond most nations, and that which must guide us to his everlasting Kingdom ; Religion being the improver of peace, and the sole object of our devotion is the God of peace. For ^ Vide Art. I. of the Declaration, supra, p. xxi. - According to Nicoll, Diary^ p. 84, this document was published at the Mercat Cross on February 11, i.e. the day before the publication of the Parliament's Declaration. ^ This * Explanation ' is printed in Acts of the Parliaments of Scotland, vol. vi. pt. ii. p. 809; Nicoll, Diary, p. 83; King's Pamphlets, E. 655 (ii), and E. 659(19)- * Cf. infra, Nos. iv., v., xxiv. ; Nicoll, Diary, p. 85. Nicoll {Diary, p. 87) reports the appearance of an army of ten or twelve thousand men which appeared in the sky and * evanisched ' near Glasgow. " Infra, No. Lxvii. INTRODUCTION xxvii promoting whereof you will no doubt observe the dispensers of the divine mysteries with a watchful eye, be they Sons of Thunder or Zebedee's children, to rebuke them, [and] be they moderate and pastors according to God's heart, to encourage them.' Morayshire was yet more emphatic in its insistence that ' it is to us the foundation of government that our Christian Magistrate should be thoroughly for God, and [that] his authority and power should be exercised in restrain- ing and punishing outbreakers against the first table of the moral law," whereas the Commissioners seemed to open ' a wide door to toleration, and the same encouragement and protection promised to all without distinction ; the sad effects of which liberty we have (not without much sorrow) both seen and heard.' ^ In the second week of February 1652 the Deputies of the Shires and Burghs began to appear at Dalkeith. With the country still under military occupation, no very determined resistance to the Tender of Union was to be looked for. In Fife some attempt was made to elude the Commissioners' order." In other constituencies, where the power of the Kirk was sufficiently large, the Deputies were provided with alter- native commissions ; the one full and ample as the Commis- sioners required, the other 'signed to please the Ministers, expressing that nothing be done prejudicial to the Covenant.'* Others, again, sent Deputies to treat with and not to conclude with the Commissioners upon the Union.* In some cases only one Deputy, instead of two, was elected by constitu- encies from whom were summoned the larger number.^ That the formal acceptance of the Tender by the constitu- encies would take up much time was apparently not con- ^ Infra, No XCV. - No. XXII. - No. XXXII. '* Nos. XIII., XIX., XXV. The Burghs of Peebles, Roxburgh, and Selkirk are mentioned as offenders in this matter. ^ No. XIX. Midlothian, Stirlingshire, and Edinburgh are mentioned. xxviii THE CROAIWELLIAN UxMON templated by the Commissioners. Their first meeting was appointed for February 9, and the last for February 26.^ Upon their appearance, and after listening to the Commis- sioners' commission, the Declaration of October 28, and the Com- missioners' * Explanation,' the Deputies of each Shire and Burgh were required to declare their assent to three ' propositions,' ^ i.e. their acceptance of the Tender of Union ; an undertaking to yield obedience to the Parliament of the Commonwealth pending the establishment of the Union ; and an expression of their willingness to aid the Commissioners in the perfecting of it.^ An immediate assent to the first two ' propositions ' was required,* and so soon as it had been given, each Burgh was taken under the Parliament's ' protection,' and was licensed to proceed in the election of its magistrates.^ The answers furnished by the Deputies give a valuable insight into the attitude of Scotland towards the Union. Dumbartonshire and Wigtown alone accepted the Tender with enthusiasm, as ' the excellent blessing of God, who by a long continued series of providences . . . seems to hold out this to be his great design for the common good of the people of this island.'^ From three constituencies only — Glasgow, ]\loray- shire, Kirkcudbrightshire — came a formal dissent, converted afterwards in the case of all of them into a tardy assent.^ In all, twenty-eight Shires, one Stewartry, and forty-four Burghs (out of thirty, one, and fifty-eight respectively) accepted the Tender.^ 1 No. IX. 2 JJq^ XIX. The ' propositions ' are printed in No. x. * The Deputy for Stirling complains of the short time allowed him to consider them. — /Records of the Burgh of Stirling, 15 19-1666, p. 200. A considerable number of the Shires and Burghs delivered their answer to the third 'proposi- tion ' after an interval. ^ Nos. XX., LII. ^ No. XLIII. Cf. Nos. xxx., xcv. ' Cf. Nos. XXIX., xcv., xcvii., xcix., cix., cxv., cxxvi., cxxxiv. ^ Of the Burghs, Irvine, Ayr, Renfrew, Sanquhar, Lochmaben, Annan, Galloway, Dingwall, and \Vhithorn sent no Deputies to Dalkeith, Lanark, Dumfries, Nairn, Thurso, Kirkcudbright are not represented among the assents INTRODUCTION xxix Among the objections to the Union urged with most insist- ence were (1), that it threatened to ' establish in the Church a vast and boundless toleration of all sorts of error and heresies, without any effectual remedy for suppressing the same';^ (2), because so fundamental a change in the con- stitution of the country was not ' presented to the full and free deliberation of the people in their collected body'';^ (S), because the scheme was vague and incoherent, no ' plot or draught of it holden forth,' a peremptory command 'to approve we know not what, as also to give obedience to the Commonwealth of England for the time [being], Avhereby we have no access to desire either the priveleges which may be supposed to come by this tender, or to have any hand in framing the mould thereof';^ and again, that the abrogation of monarchy was expressly contrary to the letter of the Covenant.* By most of the constituencies the opportunity was taken to approach the Commissioners with recommendations regard- ing the efficient working of the Union, with petitions for the redress of general grievances, and even for satisfaction upon matters of purely local interest. From almost every quarter petitions were urged for the maintenance of the Scottish Kirk ; for the removal of con- fiscations and the passing of an Act of Oblivion ; for the withdrawal of at least a portion of the English army of occu- pation ; for the abatement of the assessment upon Scotland ; printed in this volume, and no explanation of their absence from Dalkeith is given, Thurso, however, is not on the list of Burghs summoned in No. ix. infra. As to Dumfries, cf. No. cxxvii. infra. Lanark's objections are printed in No. LXii. Ayr and Renfrew were the only non-assenters among the Shires. The Deputies to the Parliament in October 1652 could give no reason for the conduct of those Shires. Cf. their report in No. CLix. infra. 1 No. XXIX. Cf. Nos. Lviii., LXII. 2 LXII. Cf. No. xxix. No. XXIX. Nos. xcix., cxx. There was some suggestion of Scotland being erected into a separate Commonwealth {vide p. ii , note 4), a proposal which Robert Baillie (vol. iii. p. 176) denounced as ' a high-enough crime.' XXX THE CROMWELLIAN UNION and for the restoration of Courts of Justice. The Commis- sioners were also urged very generally to submit the terms of the Union to a Scottish Convention to be elected for that purpose 1 — a proposal which Parliament, to some extent, adopted ; to re-establish the Mint ; ^ to restore municipal liberties ; ^ to encourage trade ; * to repress the Border thieves and Highlanders ; ^ to relieve those whom the wars had ruined ; ^ to restore the national archives from England ; ^ and to procure an abatement of the interest upon borrowed money.^ By March 1, 1652, a considerable number of the Scottish constituencies had accepted the Tender, and the Commissioners were able to delegate Vane and Fenwick to return to London to make their report.^ On March 16, Vane presented to the House his and his colleagues'* recommendations.^^ Ihey advised the framing of an Act of Union ; and, as the Scottish Deputies had so generally petitioned, suggested that the House should empower the assenting Shires and Burghs in Scotland to pro- ceed to the election of ' the same number of persons as upon summons from the said Commissioners they have lately done," who should meet, and out of their number elect fourteen persons for the Shires, and seven for the Burghs, to come to England ' with full power on the behalf of Scotland ' to effect the Union. They recommended, further, the framing of an Act of Grace or Oblivion. On March 18, 1652, the Commissioners' ' Tender "* was taken . 1 NOS. XXXIV., XXXV., XLIX., LVIII., LXVII., LXXXII., LXXXVI., C, CI., CXXII., CXXXII. 2 Nos. XXXIV., XXXV., XLIV., LXXVI., CV., CXXXII., CXXXV. 3 No. XLIV. ^ No. XLIV. ^ Nos. XLIX., XCII., CXXX., CXXXIIl. 6 No. LXIII. No. LXVII. ^ No. LXVII, ^ No. LVI. Cf. No. LXix. One observes here and throughout the care taken to suggest the Union as a voluntary and not an enforced compact. This Report or * Tender ' is printed in No. lxxxiv. Vane reported to the House further assents on the part of the Scottish Shires and Burghs on March 23, 26, April 2, and St. John did so on May 14, 1652. Cf. Cotnmovs^ /ournalsy vol. vii. pp. 107, ill, II3, 132. INTRODUCTION xxxi into consideration, and the House resolved (1) to bring in an ' Act for incorporating Scotland into one Commonwealth with England ' ; (2) that in the Act it should be declared that Scotland ' upon this Union shall have Power to elect Members to serve in the Parliament of England, in such Proportion and at such Time as this Parliament shall think fit ' ; (3) to prepare a Declaration authorising the assenting Shires and Burghs to choose representatives, 'each of them having first expressed their Consent to the Tender,' who should elect a smaller Com- mittee from their number to repair to England on behalf of Scotland to effect the Union. ^ A week later (March 25) Vane reported from the Council of State the draft of the proposed Declaration, entitled 'the Declaration of the Parliament of England in order to the Uniting of Scotland into one Commonwealth with England/^ It passed, after but brief debate, and was ordered to be printed.^ It empowered the Shires and Burghs that had assented or should assent to the Tender, to proceed before the end of July to elect representatives, who, on or before August 20, 1652, should meet at Edinburgh and there elect twenty-one Deputies, who should by October 1, 1652, proceed to England to do all things requisite for the perfecting of the Union. On March 30, exactly a fortnight after Vane's first report, the House instructed the Commissioners in Scotland to put the Declaration into execution and thereafter to return.^ On April 21, 1652, the Declaration was formally proclaimed * Commons'' /ournals, vol. vii. p. 107. 2 Ibid. vol. vii. p. no, where the minutes of the debate upon the Declara- tion are given. 3 The text of the Declaration is given in No. cxvi. 4 The publication of this Declaration was declared to be as effectual for autho- rising the elections in the several Shires and Burghs as though a particular summons had been addressed to each severally. It will be noticed that the constituencies, their representatives, and the Committee of twenty-one Deputies, were all required to deliver a written assent to the Union. The Deputies were to receive one pound sterling /^r diem during their mission, but cf. p. xliii. No. cxxiii. They were instructed also to establish Courts of Judicature. xxxii THE CROMWELLIAN UNION from the Mercat Cross at Edinburgh.^ A week later, St. John, Salway, and Tichborne left Dalkeith.'- On May 14 they laid down their commission and received the thanks of the House. On the same day they were able to report the tardy assent of Argyllshire to the Union,^ though the Marquis did not make his submission until the foUowino^ August.* During their four months' residence in Scotland the Com- missioners had methodically and effectually accomplished the work with which they had been intrusted. Besides receiving the answers of the Shires and Burghs to the Tender, they had withdrawn Scotland from the administrative chaos which had existed since Dunbar and Worcester. Municipal government had been restored.^ An orderly assessment had been laid upon the Shires and Burghs.^ A Court of Admiralty had been created.^ The Judicial processes had been restored by the appointment of Sheriffs,^ and the reconstruction of the Court of Session.^ Commissioners had been appointed to visit and regulate the Universities. Sequestrated lands had been placed under the control of a Board of Commis- sioners at Leith.^^ Finally, all persons in public employment had been bound by an oath of fidelity to the Common wealth.^^ On April 21, 1652, the House's Declaration of March 25 1 Nicoll, Diary, p. 92. 2 They intended to leave Dalkeith on Wednesday, April 28. — Firth, Scotland and the Conuiionwealth, p. 42. 3 Co7ntnons' /oiirnals, vol. vii. p. 132. ^ Various references to Argyll's shifty policy will be found in the documents printed in this volume. Cf. Nos. 11., iv., vi., xiii. (which speaks of an inter- view between Argyll and the Chief of the MacDonalds on February 13), xxii., cviii. (which gives the date of Argyll's interview with the Commissioners at Dumbarton as March 17, and not March 18 as in Firth, Scotland and the Commonwealth, p. xxi), CXLVI. (a petition from Argyllshire requesting that, among other things, the Marquis's actions might be favourably regarded), CLV. 5 No. LII. 6 Cf. Firth, Scotland and the Commonwealth, pp. xxx, 170, 173, 174, 180. Nos. LV., Lxxii. Nos. Liir., liv., cxxxvii. Nos. CXLVIII., CXLIX., CL., CLVI. 10 Firth, op. cit. p. 44. " Ibid. p. xxxi. ^'2 Nos. CLiii., CLiv. Their commissions were provisionally dated to November i, 1652. INTRODUCTION xxxiii was proclaimed from the Mercat Cross at Edinburgh. The proclamation ' wes actit solemplie, the Croce being richlie covered and gairded with companeyis of the Englische forces, both hors and foote."* ^ As it directed, the Shires and Burghs sent up their representatives to Edinburgh in the following August to elect twenty-one Deputies to confer upon the details of the Union with the Parliament at Westminster.^ 1 Nicoll, Diary, p. 92. He adds : *And to the end the forme of the Englische proclamationes may be knawn, I thocht guid to insert heir thair ordouris, quhilk is this: — Quhen they haif ony solempne proclamatioun to mak, they caus a number of thair drumes to be beatin airhe at morne, to gif notice that sum solempne ordinance is to be gevin out ; thaireftir the Croce is covered ; nixt, all the Inglische companeyis being in toun do marche with drumes towking, ensignnes displayed, and compass the Croce and streit on both sydes, and being thus setled about the Croce, thair cumes a troup of hors ryding, sumtyme throu the haill toun, at uther tymes onlie fra the Neddir Bow, with the Judge Advocat, to the Mercat Croce, with sex or sevin trumpettis sounding befoir thame. Eftir that thai haif cum the lenth of the Croce, a dosane of thame (or thairby) lichtes from thair horssis and gois up to that pairt of the Croce quhair proclamatiounes ar in use to be maid, and thair the trumpettouris above, and the drumer-major and the inferiour drummeris beneth the Croce, soundis and toukis a resonable space thrie severall tymes ; thaireftir ane herald appoyntit for that use cryes, " Oyez" thrie severall tymes, and commandis silence under the payne of death. This being done, the Judge Advocat bringes out his paperis, reidis the proclamatioun to the Herald, and the Herald with a loud voyce publeisched it to the pepill, all upone the Croce being discovered. All being red, the drumes tookis, the trumpettis soundis a very long tyme, and the sodgeris cryes out aloud eftir thair maner ; and so these proclamatiounes endis.' Of the proclamation on April 21 Whitelock {Memorials, ed. 1853, vol. iii. p. 418) admits that * the Scots showed no rejoicing at it.' A newsletter from Leith (Firth, Scotland and the Commonwealth, p. 41) remarks of the proclamation: 'soe sencelesse are this generation of theire owne goods that scarce a man of them shew'd any signe of rejoycing.' 2 The minutes of this Convention of the Burghs are printed in Records of the Royal Burghs, 1615-1676, pp. 358-65. The Convention sat from August 12-20; elected John Joicey of Edinburgh as Moderator on the 12th; subscribed the Tender of Union on the i8th — except Dumbarton and Selkirk (whose representatives were sick), Pittenweem (whose representative was absent with leave), and the many Burghs who were not represented at all ; recom- mended, on the 19th, the provision of a sum of £\ooo sterling *for the inter- tainment of ane able and qualified minister, secretarie, and counsellouris at law, requisit to attend and assist them [the Deputies to England], and to be wther- ways bestowed for the good and honour of the bussieness in hand and of the natione.' On the 20th, ' eftir serious deliberatione,' the Convention elected the seven Deputies for the Burghs. There is no record of the proceedings of the Convention of Shires. c xxxiv THE CROMWELLIAN UNION The Convention was even less representative than its prede- cessor at Dalkeith. Of the Shires twenty-eight had through their representatives accepted the Tender in the spring. At Edinburgh there were represented only Haddington, Roxburgh, Ross, Moray, Nairn, Lanark, Dumfries, Wigtow^n, Kincardine, Stirling, Midlothian, Peebles, Caithness, Lin- lithgow, Dumbarton, Fife, Berwick, Sutherland, and Forfar, the last of which sent only a single representative. The representatives of Orkney and Shetland did not arrive at Edinburgh in time to vote for the twenty-one Deputies. The Shires of Inverness, Banff and Perth sent only one representa- tive, and their votes were disallowed. Aberdeenshire was not represented at all, her representatives ' making default." The Shires of Bute, Selkirk, Clackmannan, and Argyll, though they had assented at Dalkeith, sent no representatives to Edinburgh. Those of Renfrew, Ayr, and Kirkcudbright were, as at Dalkeith, unrepresented. There were present therefore in all, counting those of Orkney and Shetland, who arrived late, representatives of twenty-three out of the thirty-one Shires and Stewartry, leaving eight defaulters, of whom Aber- deen alone explained her representative's absence.^ Among the Burghs the absentees were yet more numerous. Fortv-four had accepted the Tender in the spring. Thirty- six of the forty-four only were represented at Edinburgh. ^Vhithorn, however, which had not been represented at Dal- keith, sent its representatives to Edinburgh, making in all thirty-seven, i.e., Edinburgh, Dundee, St. Andrews, Aberdeen, Linlithgow, Glasgow, Haddington, Cupar, Rutherglen, Kirk- caldy, Arbroath, Perth, Inverkeithing, Forfar, Banff, Brechin, Dunbar, Jedburgh, Burntisland, CuUen, Tain, North Berwick, Stirling, Inverness, Dysart, Forres, Culross, Wigtown, Kin- 1 The list of the Shires, their representatives, and the excuses of the defaulters, are set forth in the statement drawn up by the Deputies and presented to the Committee of the Long Parliament appointed to confer with them. It is printed infra, No. CLix. INTRODUCTION XXXV ghorn, Elgin, Whithorn, Dornoch, Montrose, Qaeensferry, Selkirk, Pittenweem, and Dumbarton. Of these thirty-seven, however, the representatives of Dornoch, Montrose, and Queensferry did not sign the commission of the twenty-one Deputies, and the representatives whom Selkirk, Pittenweem, and Dumbarton had elected did not appear. There remained twenty-one Burghs that were entirely unrepresented, i.e. Crail, Anstruther-Easter and -Wester, Kilrenny, Lauder, Peebles, Rothesay, Dunfermline, Sanquhar, Lochmaben, Annan, Gallo- way, Dingwall, Renfrew, Ayr, Irvine, Lanark, Dumfries, Nairn, Thurso, Kirkcudbright.^ It appears, therefore, that of the eighty-nine constituencies which were invited to send representatives to Edinburgh, twenty-nine, or nearly one- third of the whole, were unrepre- sented .2 The Declaration, however, empowered a majority of the constituencies to fulfil the object for which they had been summoned. The following twenty-one Deputies were there- fore elected and commissioned to proceed to London with full powers. For the Shires : Sir William Lockhart of Lee (Lanark), George Blair of Garvoch (Dumfries), Sir James Macdowall of Garthland (Wigtown), David Faulkener of Glenfarquhar (Kincardine), Sir George Stirling of Keir (Stir- ling), James Crichton (Midlothian), Lord Linton (Peebles), John Sinclair of Tannoch or Tannachy (Caithness), William Drummond (Linlithgow), Sir James Hamilton of Orbiston (Dumbarton), Sir Alexander Gibson of Durie (Fife), John Swinton and John Hume of Renton (Berwick), and Lord James Carnegie (Forfar). For the Burghs : John Joicey and 1 The list presented by the Duputies to the Committee is printed infra^ No. CLix. It agrees substantially with that printed in Records of the Royal Burghs, 1615-1676, p. 358. 2 Ludlow, Mei7ioirs, vol. i. p. 310, asserts that many of the Shires and Burghs excused themselves ' for want of money to defray the expences of their repre- sentatives,' xxxvi THE CRO]\mnELLIAN UNION John Mill or Milne (Edinburgh), Sir Alexander Wedder- burn (Dundee), James Sword (St. Andrews), George Cullen (Aberdeen), Andrew Glen (Linlithgow), and Daniel Wallace (Glasgow).^ The newly elected Deputies set out from Scotland towards London about the end of September 1652.2 On Wednesday, October 6, they arrived in London and were lodged in Covent Garden.^ Preparation for their reception at Westminster had already been made. On August 27 the House had requested the Council of State to appoint the place at which the forth- coming conference should be held, and to nominate a Com- mittee to meet the Deputies on the House's behalf. On September 14 the Council recommended Westminster, and on the 29th advised that the House of Lords should be prepared for the conference.* 1 I take the above list from the Deputies' report {infra, No. CLix,). The names are also given in the Spottiswoode Miscellany, vol. ii. p. 76 ; Nicoll, Diary, p. 98 ; Life of Robert Blair, p. 299 ; Lamont, Diary, p. 56 ; Acts of the Parlt, of Scot., vol. vi. pt. ii. p. 805. It seems doubtful whether Blair, Wallace, and Sir James Hamilton proceeded to London. Cf. Acts of Parlt. of Scot., vol. vi. pt. ii. p. 805. 2 On September 17 the Council of State instructed Major-General Deane to direct them to come up to Westminster (Ca/. State Papers, Doyn., 1651-52, p. 405). Nicoll {Diary, p. 99) says that they left for England ' in the end ' of that month, though he dates the entry, September 17-19. Lamont gives the date of their departure as September 16 {Diary, p. 56). Lilburne writes to Cromwell on May 3, 1653, regarding the Deputies : ' I could wish with all my heart, for the satisfaction of the most godly in this Nation, your Excellency and your Councell might finde out a way to rid your hands of those Commissioners from hence, who are notoriously corrupt, and is that which doth most especially gravell [?] and hinder the concurrence and coming in of better men ; who now begin to pluck uppe their hearts a little in confidence of a better Reformation and settle- ment than they could promise themselves or hope to have incouragement for from many of those Commissioners that are now with you ; for I am afraid that whatever agreement you come to with them that are now with you, itt will bee but as untemper'd mortar.' — Firth, Scotland and the Coinmojiwealth, p. 136. ^ A Perfect Account of the Daily Intelligence from the Armies, Oct. 6-13, 1652. E. 678 (8), p. 737. 4 Commons' Journals, vol. vii. pp. 170, 178, 187. Cf. Cal. State Papers, Dofn., 1651-52, pp. 405, 422. On October i the Council ordered William Legg to furnish the House of Lords and to confer with Richard Ward, who had accom- panied the English Commissioners to Scotland, in order that the room might be INTRODUCTION xxxvii Meanwhile the Bill of Union, which was to form the chief subject of conference, had already made some progress in the House. Upon April 13, 1652, following Vane's report on Scotland's reception of the Tender, a Bill for the incorporat- ing of Scotland with England and for the abolition of the kingly office in Scotland had been introduced, read a first and second time, and sent to Committee.^ The further considera- tion of the Bill was postponed until the arrival of the Scottish Deputies, and upon October 8 the House appointed the fol- lowing to meet them : Oliver St. John, Sir Henry Vane, junior, Colonel George Fenwick, Major Salway (all of whom had acted recently as Commissioners in Scotland), Sir Arthur Haslerig, Bulstrode Whitelock, Lord Commisioner Lisle, Cromwell, Major-General Harrison, Colonel Sidney, Colonel Martin, and Thomas Scott.^ If the Scottish Deputies had expected to be received as plenipotentiaries and to meet those appointed to confer with them upon a footing of equality, the proceedings of the Committee can but have rudely disillusionised them. Their function was purely consultative. They could offer sugges- tions and objections, but were allowed no part in the Com- mittee's deliberations.^ They had been summoned to appear set ' according to the manner used in Scotland when the Committee of Parlia- ment met with them there.' He received a warrant for ;^30 for the necessary chairs {ibid. pp. 425, 616). On October 4 William Hull was instructed to provide fire and candles for the chamber {ibid. p. 429), and an order for his payment was issued on December 18 {ibid. 1652-53, p. 40). It was desired that the House of Lords should be made ' very warm,' and directions were issued by the Committee at its first meeting that matting should be laid down. — Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 789. ^ Co ffwwiis' Journals, vol. vii. p. 118. 2 Ibid. vol. vii. p. 189. On October 12, Robert Goodwin, Mr. Say, and Henry Darley were added to the Committee, and on December 15, Sir Henry Vane, senior, Mr. Raleigh, Mr. Hayes, Mr. Lechmere, Mr. Strickland, the Earl of Pembroke, Mr. Westrow, Mr. Anlaby, Colonel Stapley, and Mr. Hussey {ibid. vol. vii. pp. 190, 229). 3 Notably in the case of the Bill of Oblivion. Blair's biographer remarks : • When they [the Deputies] came to London they were much slighted by the xxxviii THE CROMWELLIAN UNION in London by October 1. A fortnight later (October 14) the Committee appointed to meet them held its first meeting. Its proceedings were merely formal, and the Deputies were requested to appear the following day.^ Upon their appear- ance (October 15) Sir Alexander Gibson of Durie, on behalf of his colleagues, presented their commission. The Committee pointed out that it was signed by a portion only of the repre- sentatives of the Shires and Burghs sent to Edinburgh for that purpose, and desired the Deputies to furnish a transcript of the proceedings of that Convention. Meanwhile the Committee passed to questions of wider moment. The commissions granted by the late Commissioners to the various executive Boards in Scotland, and also the order for the assessment of =£^1 0,000 per mensem which they had imposed, expired upon November 1, 1652. On October 22 the Committee resolved to move Parliament for their continu- ance. The House remitted the matter to the Committee on the same date,^ and on October 26 the Deputies were invited to express their views upon it. They did so in writing ; but upon the ground that the order of Parliament did not empower the Committee to consult the Deputies as persons 'deputed to inform and confer' with them, but merely as ' single persons,' ^ the Committee refused to receive the docu- Parliament, and therefore looked upon rather as petitioners than Commis- sioners' {Life of Robert Blair, p. 300). 'They returned,' writes Lament, (Diary, p. 56), 'having done litell or nothing.' 1 The Minute Book of this Committee is printed in Acts oj the Parlt. of Scot., vol. vi. pt. ii. pp. 789-804. Kpricis of the minutes is in the Domestic Calendars for 1651-52, 1652-53. The preliminary business on the 14th included the appointment of John Phelps, who had been secretary to the English Commis- sioners in Scotland, to act in a similar capacity to the Committee ; the appoint- ment of eight o'clock in the morning on the days when Parliament was sitting as the time of the ordinary meetings of the Committee ; the election of White- lock as provisional Chairman ; and a recommendation to the House to continue the commissions of the officials in Scotland which were about to determine on November i. Commons' Journals, vol. vii. p. 194. 3 The resolution of October 22 only empowered the Committee to consult ' such Persons as they shall think fit.' INTRODUCTION xxxix ment. The Committee raised a further and more significant objection. They pointed out that the Deputies' status was not yet satisfactorily determined, and that until it was, their objec- tions could not be entertained. The position of the Deputies was in fact somewhat ridiculous, as they themselves recognised. They therefore informed the Committee that until their right to be heard as an official and representative body was admitted, they were ' resolved to offer nothing more to the said business.** Without any further reference to them the House made the required order upon the same day (October 9.0)} As to the order for continuing the assessment upon Scotland, which also passed the House on October 26, the Deputies were not invited to give their opinion. The very natural refusal of the Scottish Deputies to offer an opinion upon matters submitted to them, so long as their right to do so was questioned, compelled the Committee to forthwith consider the validity of their commission. The Deputies were accordingly (October 27) requested to furnish further informa- tion upon the matter. Upon October 28 the Committee was supplied with an abstract of the proceedings at the Edinburgh Convention in August, and resolved to report the matter to Parliament.^ Whitelock did so on October 29. The House having satisfied itself that the orders contained in its Declara- tion had been fulfilled, the Committee was ordered ' to proceed to confer with the Deputies, and perhaps with a veiled reproof, to ' expedite ' its proceedings.^ The status of the Deputies having been tardily recognised, the Committee proceeded to consider the Bill of Union, which had been referred to it by the House on October 8. It ^ Commons' Journals^ vol. vii. p. 195. ^ The Committee drew attention in particular to the fact that many Shires and Burghs were absent at Edinburgh, and that the Deputies' commission was not signed fully by the representatives then present. The whole statement as presented to the House on October 29 is printed in Commons' Journals^ vol. vii. p. 202, and infra. No. CLix. ^ Commons' Journals, vol. vii. p. 203. xl THE CROMWELLIAN UNION was resolved (November 2) to transcribe the enacting clauses of the Bill apart from the preamble, and to communicate the former to the Deputies 'as a ground of conference." On November 4 the Deputies were summoned to attend the Committee, and the body of the Bill of Union was read to them. A copy of it was refused, but the Committee offered to read the Bill to them as often as they pleased, for them to ' take their own notes thereupon." But the Deputies desired to clearly understand their relation to the Bill. They asked: — (1) Was their locus standi as 'trustees'* recognised by Parliament ? (2) Would the Bill of Oblivion be communicated to them, and would they be heard upon it ? (3) Were the terms of the Union Bill communicated to them merely for their consideration, or to ' involve their consent therein " ? What weight, in fact, would be attached to their representations ? The Committee replied, that the terms of the Deputies'* commission, the appointment of a Committee to confer with them, and the recent vote of October 26, established their position as ' trustees ' ; that the terms of the Bill of Oblivion would be communicated to them.^ As to their third question, the Committee referred them to the Declaration of March 25, and the subsequent orders of Parliament constituting the Committee. Accordingly, upon November 9, the Deputies offered certain amendments to the draft Bill. They propounded that the clause enacting incorporation should be framed in the same language as had been employed in the Declaration of March 25, i.e. : 'that Scotland shall and may be incorporated ^ Upon March 23, 1652, the House had remitted to its members upon the Council of State to prepare a Bill 'wherein the Names of such Persons in Scotland whose Estates shall be confiscated, shall be ascertained and inserted' {Commons' /ourjia/s, vol. vii. p. 108). On October 29 the House resolved that the Bill should comprehend a general Act of Grace or Oblivion, and remitted it to this Committee (z^^zi^. p. 203). On November 2 the Committee instructed Lord Commissioner Lisle to draft the required Bill. Major Salway reported the draft to the Committee on November 25. INTRODUCTION xli into and become one Commonwealth with England." They desired that the arms of Scotland should be emblazoned with those of England and Ireland as the joint arms of the united Commonwealth ; and that the proportion of Scottish members in the united Parliament, and the time of their election, should be inserted in the Bill. The consideration of these proposals engaged the Committee at its meetings on November 11 and 12, and on November 16 Whitelock was instructed to report their proceedings to the House. Whitelock did so upon November 23, when the Deputies' proposals regarding the number and election of Scottish members were debated and ad journed.^ The matter was before the House again on December 8 and 15. As the Deputies desired, it was resolved that the proportion of Scottish members to sit in the united Parliament should be stated in the Bill, and the Committee in charge of the Bill for the New Representative was instructed to report to the House upon the matter.^ The Deputies, however, begged (December 17) that before that Committee reported, its proposals might be submitted to them. Whitelock replied that it was contrary to usage for a Committee to report otherwise than direct to the House. The Deputies begged that at least the House would listen to their views on the matter. They propounded them to the Committee, urging that the proportion of representation should not be based upon the taxable value of Scotland. The number of parishes in Scotland was nine hundred and eighty, they declared (December 21), and in England ten thousand, while the intrinsic value of each English village was probably double that of each Scottish one. On that basis Scotland's representation would be roughly as one to twenty.^ ^ Commons^ Journals, vol. vii. p. 219. 2 Ibid. vol. vii. pp. 227, 229. 3 On this basis Scotland would be entitled to but twenty members as compared with the four hundred of England and Wales. Parliament, however, established thirty as the number of members for Scotland. xlii THE CROMWELLlAN UNION On December 24 they suggested the relative representation of the Commons in the separate Parliaments as a fair basis. They drew attention also to the accession of strength to England by the Union, and reminded the Committee of the levies furnished by Scotland in 1640, in the early months of the Long Parliament, and again in 1643, under the Solemn League and Covenant, as grounds for a generous distribution of Parliamentary seats. ^ In spite of these suggestions the Committee continued to assert that the true proportion of representation must be found in the relative taxable value of the two countries ; the more so since that method was already being employed to revise and re-distribute the English electoral system. The Committee, therefore, put it to the Deputies to state definitely the number of members they proposed as an adequate repre- sentation of Scotland. On December 28 the Deputies gave their answer. There were, they pointed out, four hundred members for England and Wales in the New Representative. Scotland, apart from her Peers, had been represented by one hundred and twenty Commoners. They desired a 'moiety' of that number, namely, sixty seats. The House, however, on March 2, 1653, fixed Scotland's representation in future Parliaments at thirty members, and on March 9 remitted it to the Committee to consider their allocation among the Scottish constituencies.^ On March 10 the resolution was communicated to the Deputies. They begged for time to consider the matter, and meanwhile desired (March 16) to be informed concerning the grounds on which the House had allotted thirty seats to Scotland. The ^ The Scottish army which held the North of England in 1640-41 was probably about thirty thousand in number. The one which invaded England in January 1644 numbered about twenty-two thousand. Cf. xa^ Life and Cat?ipaigns of Alexander Leslie, pp. 108, 120, 176. ^ Commons' Journals y vol. vii. pp. 263, 265. The distribution of the thirty Scottish seats was not settled until Cromwell's Ordinance of June 1654. Vide infra^ p. xlix. INTRODUCTION xliii Committee replied on March 17. Parliament had been guided, they explained, partly by the relative amount contributed by Scotland to the public revenue, partly by the number of her population in proportion to that of England, partly by ' several other things." The Deputies were not content, how- ever, to surrender their claim to more generous representation without an effort. Their importunity was so far successful that the Committee agreed (April 7) to represent their views again to the House. The promise was not fulfilled. On April 8 the Committee adjourned to the 15th. It did not meet on that day. On April 19 the Long Parliament was dissolved. Little progress had so far been made towards a conclusion of the proposals for Union put forward in the autumn of 1651, eighteen months before. The Bill of Union, read a first and second time on April 13, 1652, had proceeded no further. The distribution of Scottish seats in the Union Parlia- ment was yet undetermined. The Bill of Oblivion — the basis of the proposed Union — had not advanced a step beyond its second reading on February 3, 1653. Upon the dissolution of the Long Parliament in April 1653, the Scottish Deputies did not at once return to Scotland. In the first place their allowances were still unpaid.^ In the ^ In its Declaration of March 25, 1652, the House ordained, ' That twentie shillings Sterlin by the day be allowed unto each of the said Deputies during this service, from the time of their setting forth for Englajtd.^ Upon December 23 {Commons^ Journals, vol. vii. p. 233) the House ordered its Commissioners at Leith to advance a second three months' pay for the Scottish Deputies. Upon December 28 ( Ca/, State Papers, Dom. 1652-53, p. 61) the order was sent to Leith. On January ii, 1653, the Commissioners at Leith wrote that they could not raise the money on a sudden, and upon February ii, the Committee con- ferring with the Deputies wrote again to the Commissioners at Leith to urge them to send up money for the Deputies, considering ' what occasion the deputies (being out of their own country) have for money' {ibid. p. 161). On March 10 (ibid. p. 208) the Treasurers-at-War were ordered to meet a bill of exchange of ;!^500 presented by the Scottish Deputies, and they received payment on March 15. On the following May 25 {ibid. p. 350) the Council of State instructed Major-General Desborough to report what was then owing to the Deputies. The Barebones Parliament on August 10 {ibid. 1653-54, p. 83) requested the Council of State to deal with the matter, and on the 20th of that xliv THE CROMWELLIAN UNION second place the Council of State was inclined to continue the negotiations which the dissolution of Parliament had inter- rupted. Meanwhile (May 3) the monthly assessment laid upon Scotland in February 1652 was continued to November 1, 1653. The provisional executive government which had been estab- lished in Scotland — the Commissioners for the Universities, Justices, the Sheriffs, etc. — was authorised to continue to the same date,^ by which time the forthcoming Parliament would have had the opportunity to complete the unfinished work of its predecessor. On May 6 the Council instructed Major-General Lambert and Mr. Strickland to confer with the Scottish Deputies in the ' Horse Chamber ' upon the civil government and assessment of Scotland,^ measures upon which the Long Parliament's Committee had come to no resolution, and which the Council's recent order of May 3 had provisionally continued. A week later (^May 13) the Deputies were invited to offer their opinions to the Council.^ They did so presumably before June 6, on which date Sir William Lockhart and two or three other Deputies were instructed to attend at White- hall to receive the Council's answer.* A week or two later month the Council appointed a Committee for the purpose [ibid. p. 96). Finally, upon September 9, 1653 [ibid. p. 140) the Council directed that the Scottish Deputies still in London should be paid their allowance from August 12, 1652, to June 3, 1653, and that those who had already returned to Scotland should be paid up to the date of their departure only. From a petition of Sir James Mac- dowall [Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 805) it appears that the fol- lowing duly received ;^ioo each, namely, Lord Carnegie, David Faulkener, John Swinton, James Crichton, William Drummond, Lord Linton, Sir WilHam Lockhart, Sir Alexander Gibson, Sir George Stirling, and John Sinclair, being at the rate of twenty shillings a day to June 3, 1653. So late as March 17, 1656, Sir James Macdowall, Sir Alexander Wedderburn, John Hume, John Joicey, John Milne, George Cullen, James Sword, and Andrew Glen had re- ceived no payment, the explanation being offered that they had returned to Scot- land before June 3, 1653. 1 Cal. State Papers, Dam., 1652-53, p. 303. ^ Ibid. p. 310. ' Ibid. p. 325. ^ Ibid. p. 387. Lockhart and his colleagues' recommendations are presumably those reported to the Barebones Parliament on August 13, 1653, from the Council INTRODUCTION xlv those of the Deputies who had not already done so returned to Scotland.^ While the Scottish Deputies to the late Parliament were still in London, the Council of State was already engaged in drawing up the roll of members to sit as its successor. On June 8, 1653, writs were issued to those who had been nomi- nated and approved. From England there were summoned one hundred and twenty-nine persons, from Ireland six, from Scotland five — a total of one hundred and forty members. ' For the first time in history a body was to meet in the name of the three peoples, but neither Scotland nor Ireland, any more than England, had been asked whether they wished to be so represented or not. In no real sense was there a Union at all.' 2 Five of the six Irish members were Englishmen,^ and the Scottish representatives were selected with equal caution. Sir William Lockhart of Lee, Sir James Hope of Hopetoun,* and John Swinton of Swinton had already accepted executive posts in Scotland.^ Alexander Brodie of Brodie, however, had of State. They were for the most part a repetition of the advice already given by the Deputies to the Long Parliament's Committee. Vide infra, p. xlvi. ^ * Some of thir comissioners returned about the midest of June 1653, others before this time, and others after this time ; they returned, haveing done litell or nothing' (Lamont, Diary, p. 56). The Deputies who had already returned to Scotland were, Sir James Macdowall, Sir Alexander Wedderburn, John Hume, John Joicey, John Milne, George Cullen, James Sword, Andrew Glen {^Acts of the Parlt. of Scot. vol. vi. pt. ii. p. 805). Some appear to have remained in London until after the meeting of the Little or Barebones Parlia- ment. On August 10, 1653, the House ordered the Council of State to provide for the payment of these Deputies in order to their dismissal. — Cominons' Journals, vol. vii. p. 298. 2 Gardiner, Co77imonwealth and Protectorate, vol. ii. pp. 230-32. 2 Ibid. p. 232. 4 Mr. J. M. Rigg in the Diet. Nat. Biog., vol. xxvii. p. 321, incorrectly names Sir John Hope, Lord Craighall (Sir James's brother), as one of the Scottish repre- sentatives in 1653. ^ Lockhart had, in 1652, been appointed one of the Commissioners of Justice in Scotland, and a trustee for the forfeited estates. In 1654 he married a niece of Cromwell. Hope, on June 14, 1653, was sworn a member of the English Council of State. Swinton was, in 1652, made a Commissioner of Justice, and in 1655 was sworn of the Scottish Council of State. Burnet ^Owji Time^ vol. i. xlvi THE CROMWELLIAN UNION been distinguished by his royalist principles, and refused to accept the CounciPs citation to come up to London.^ Alexander Jaffray, of Aberdeen, the last of the Scottish members, had been made prisoner at Dunbar, but, upon his release, had been appointed (1652) Keeper of the Great Seal and Director of the Chancellary.^ The Scottish members arrived in London about July 5, 1653. ^ On July 8 the House appointed a Committee for Scottish affairs, which included Lockhart, Hope, and Swinton.* On August 10, Sir Gilbert Pickering reported from the Council of State a paper or 'Breviate of the Proposals made to the honourable Council of State by the Commissioners from Scot- land."* The document represented the last word of the Deputies whose labours in London had terminated two months before. Their proposals were as follows : — ' 1. That the Cess of Scotland^ which now exceeds the Fourth Part of the Rent, may be abated and brought to a constant and competent Proportion with England. p. 2i8) describes him as ' the man of all Scotland most trusted and employed by Cromwell.' Vide articles in DuL Nat. Biog. ^ The citation reached him on June 17, 1653. Vide his reflections thereon in The Diary of Alexander Brodie of Brodie (Spalding Club), p. 57. 2 The names of the Scottish members are given in Nicoll, Diary, p. 109 ; Acts of the Parliaments of Scotland, vol. vi. pt. ii. p. 778, where the total number of members is erroneously given as one hundred and forty-four ; Thurloe, State Papers, vol. iii. p. 133, where Brodie and Lockhart are distinguished from their colleagues as representing ' the godly, learned ministry and universities ' ; Lamont, Diary, p. 68. Jaffray writes in his Diary (p. 51) : 'In the month of June 1653 I was called, with other four out of Scotland, to sit as Member of the Parliament of England. I came there the 5th of July, and staid until the 6th of February 1654. I had there good occasion to meet and be acquainted with many godly men ; though I can say little of any good we did at that Parliament ; yet it was in the hearts of some there to nave done good for promoting the kingdom of Christ ; but the time not being come when these things were to be brought forth, we were dissolved the 12th of January 1654.' Jaffray was of the number of those who refused to leave the House until forced to do so by a file of musketeers. 3 Jaffray, Diary, p. 51. On July 14 and 18, the Council of State directed the Whitehall Committee to provide convenient lodgings for the Scottish members. ^Cal. State Papers, Dom., 1653-54, pp. 26, 33. 4 Conivigns'' Journals, vol. vii. p. 283, INTRODUCTION xlvii ' 2, That Commissions for Courts of Justice might be issued to Men of Conscience and Abilities to judge accord- ing to the Law and Practice of the Nation ; and that the Judicatories might be of the same Number as formerly, to be nominate by Advice and Consent of the Nation, conform to the Acts of Parliament.^ ' 3. That Sequestrations and Confiscations might be taken off : And that the Interest of Scottish Men in England and Ireland might be preserved, as was intended by the Bill of Oblivion : And that Course might be taken for the Creditors and Cautioners of sequestrat Persons, who otherwise will presently be ruined inevitably. ' 4. That these who had formerly Rights from Kings may be continued in their Possessions till their Right be discussed before the Judge Ordinar : And that Course may be taken for Payment of Debts contracted by the King before these late Troubles. ' 5. That those who had obtained Conveyances and Posses- sion from Persons who thereafter fell in Delinquency may enjoy their Rights. '6. That Prisoners be released ' 7. That the Mint in Scotland may be set up, as the only present Remedy against the extreme Scarcity of Money there. ^ The old Court of Session had numbered fifteen Judges or Ordinary Lords, more than double the number of the reformed Court of 1652. The Extraordinary Lords and the Outer House had been entirely suppressed (cf. Mackay, Memoir of Viscount Stair, p. 58). As to the appointment of Judges ' nominate by advice and consent of the nation, conform to the Acts of Parliament,' Charles the First had given that undertaking in June 1641 {Acts of the Parlt. of Scot., vol. v. p. 340). The establishment of Justice of the Peace Courts — a system partially introduced under James the Sixth — was not effected until early in 1656. Vide infra, p. Ix. ^ On February 3, 1653, the Council of State had been instructed to deal with this matter, to furnish a list of Scottish prisoners in England, and to provide for their mzintendLnco^ —Commons' /ournah, voL vii. p. 254. xlviii THE CROMWELLIAN UNION ' 8. That those who are engaged for Money expended upon the publick Account of the Nation, or hath paid the same, may be relieved and indemnified. ' 9. That Customs and Impositions between England and Scotland may be taken off all goods imported and exported betwixt the Nations.' ^ The document placed the House in complete possession of the Scottish programme for an effective Union. But it was not until the Barebones Parliament had more than half run its course that that subject was mooted. On October 4, 1653, an Act entitled ' An Act of the Parliament of the Common- wealth of England for the Uniting and Incorporating of Scotland into one free State and Commonwealth with England ' was read a first time.^ It passed the second reading upon October 11, and was sent to Committee.^ On November 23 it was reported to the House and was ordered to be engrossed.* The measure went no further. On December 12 the 'Little Daft Parliament'^ resigned its powers into the hands of Cromwell. The Union was still incomplete. On December 16, 1653, four days after the dissolution of the Barebones Parliament, the Council of State proclaimed the Protectorate, under the title of ' the Commonwealth of England, Scotland, and Ireland.'^ Scotland's place in the new constitution was carefully defined. Section ix. of the Instrument enacted that her representation in the united ^ Commons'' Journals, vol. vii. p. 298. The consideration of the paper was adjourned to August 12. It was, however, not debated on that or any subsequent date. 2 Ibid. vol. vii. p. 329. 3 pp_ 333^ 33^^ 33^^ 3^0. * Ibid. p. 355. Certain amendments were reported from Committee and approved. The House added a clause ordering the substitution of the arms of the Commonwealth in place of the royal arms upon public seals in Scotland. The text of the Act of Union debated in this and the following Parliaments was no doubt the Union Ordinance of April 12, 1654. It is printed in Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 816. For petitions against the Bill, vide Cal. State Papers, Dom., 1653-54, p. 255. ^ So Row calls it in the Life of Robert Blair, p. 311. " Bruce, Report on the Union, vol. ii. p. clxxi. INTRODUCTION xlix Parliament should ' be and not exceed the number of thirty members. Section x. ordained that 'the distribution of the Persons to be chosen for Scotland, and the several counties, cities, and places within the same,' should be 'according to such proportions and number as shall be agreed upon and declared by the Lord Protector and the major part of the Council before the sending forth writs of summons for the next Parliament/ By section xi. the writs of summons were ordered to issue within one week of June 1, 1654, and the Sheriffs were directed to publish the writ and to appoint the election to take place within five weeks thereafter. Parliament was summoned for September 3, 1654.^ The Council of State had meanwhile taken up the Bill of Union at the point at which the Barebones Parliament had left it. On January 20, 1654, the incompleted Bill was read a first and second time in Council, and was remitted to a Committee to consider certain of the clauses still imperfect.^ Three days later (January 23) Lambert brought up the Committee's report. The scheme was read, approved, and presented to Cromwell.^ On February 2 it was ordered to be engrossed,* and after a delay of more than two months, it was finally passed on April 12.^ The Ordinance of Union, so tardily completed, ordained : 'That all the people of Scotland, and of the Isles of Orkney and Zetland, and of all the Dominions and Territories belong- ing unto Scotland, are and shall be, and are hereby Incorporated into. Constituted, Established, Declared, and Confirmed one Commonwealth with England ; And in every Parliament to be ^ Bruce, Report on the Union, vol. ii. pp. cxcvi et seq. ; Acts of the Far It. of Scot., vol. vi. pt. ii. p. 8 1 2. 2 Cal. State Papers, Dom., 1653-54, p. 364. ^ Ibid. p. 365. ^ Ibid. p. 382. One clause relating to ' mottoes,' was upon the question ordered to be omitted. ^ ' The blanks [were] filled up at the table, and thereupon [the Ordinance was] passed by his Highnesse the Lord Protector, with consent of the Council.' — Council Book, quoted in Bruce, Report on the Union, vol. ii. p. cciv. d 1 THE CROMWELLIAN UNION held Successively for the said Commonwealth, thirty Persons shall be called from and serve for Scotland. . . . And that this Union may take its more full Effect and Intent, Be it further Ordained by the Authority aforesaid, That the Arms of Scot- land, viz. a Cross, commonly called Saint Andrew's Cross, be received into and born from henceforth in the Arms of this Commonwealth, as a Badge of this Union ; and that all the Publique Seals, Seals of Office, and Seals of Bodies, Civil or Corporate, in Scotland, which heretofore carried the Arms of the Kings of Scotland, shall from henceforth instead thereof carry the Arms of this Commonwealth." The Ordinance declared Charles the Second and the issue of Charles the First incapable of holding the Crown of Scotland ; abolished the monarchy and the right of the Scottish Estates to assemble ; established free customs between England and Scotland ; enacted that the maintenance of the united Commonwealth should be borne proportionably by the several parts of it; abolished vassalage and its feudal incidents ; and attached to the Lord Protector such forfeitures, escheats, rents, fines, etc., as had formerly fallen to the Crown in Scotland.^ On April 22 the Council directed the text of the Ordinance to be sent to Scotland and there to be published in every Shire.^ The accomplishment of the Union was the w^ork of the Protectorate, but so far the new constitution had not been officially proclaimed in Scotland. Already, on January 14, 1654, an order had been issued from the Mercat Cross at Edinburgh, that henceforth civil processes should run in the name of ' Oliver, Lord Protector,' and no longer in that of the ' Keepers of the Liberties of England ' ; ^ but the proclamation of the Protectorate was delayed until the Union Ordinance ^ For the text of the Ordinance, vide Bruce, Report oti the Union, vol. ii. p. cciv; Scobell, Acts, p. 288; Cal. State Papers, Dom., 1654, p. 90; Acts of the Parlt. of Scot., vol, vi. pt. ii. p. 816. The Ordinance did not receive Parliamentary sanction until April 28, 1657, in Cromwell's second Protectoral Parliament. - Bruce, op. cit., vol. ii. p. ccxi. ^ Nicoll, Diary, p. 121. INTRODUCTION li could be proclaimed with it.^ Monck, upon his return to Scotland in April 1654,^ found it necessary to caution Lambert that the delay was ' a cause of some unsetlednesse in the [Scottish] people.'^ A few days later the belated Union Ordinance arrived, and with it an Ordinance for erecting Courts Baron in Scotland, an Ordinance of Pardon and Grace, and an Ordinance for settling the estates of several excepted persons.* On May 4, 1654, both the Protectorate and the Union were proclaimed with fitting pomp at Edinburgh. Monck rode to the city ' in great pomp, and companeyis both of fute and hors, haiffing sex trumpettouris sounding befoir him ; quhich com- paneyis did all compas the Mercat Croce of Edinburgh, quhair a Proclamatioun wes emittit, declarand Oliver Cromwell to be Protector of the three kingdomes. At this proclamatioun Generall Monk wes present in persone upon the Mercat Croce, upon the richt hand of the Judge Advocat, reidar of the pro- clamatioun, and Archibald Tod, Pro vest of Edinburgh, on the left hand. Eftir this Proclamatioun wes red, thair wes ane uther emittit, red, and proclamed that same day, anent the ^ Robert Lilburne writes to Lambert on the matter on January lo and I2, 1654 (Firth, Scotland and the Protectorate^ pp. 16, 18). To Thurloe he writes on January 12: * The forces heere [in Scotland] are very unanimous, and are subscribing their resokitions to stand by and owne the present government \i.e. as defined by the Instrument]. I wonder the councell sent downe noe directions concerning the publishing the proclamations of my lord protector. Wee suppose heere itt is uppon the account of publishing the act of union.' — Thurloe, State Papers, vol. ii. p. 18. ^ Monck had left Scotland on February 18, 1652. — Firth, Scotland and the Commonwealth, p. xix. The serious crisis created by Glencairn's Rising called for his return. On April 6, 1654, his instructions were drawn up. They are printed in Cal. State Papers, Dom., 1654, p. 83 ; Thurloe, State Papers, vol. ii. p. 222 ; Firth, Scotland and the Protectorate, p. 76. ^ Firth, Scotland and the Protectorate, p. 95. The letter is dated April 25, 1654. ^ Monck acknowledges the receipt of these Ordinances in a letter to Cromwell, dated May 2, 1654. — Firth, Scotland and the Protectorate, p. 99. For the text of the Ordinances, vide Acts of the Par It. of Scot., vol. vi. pt. ii. pp. 817, 821 ; and a letter from Lambert urging leniency in the framing of the Act of Pardon, in Firth, op. cit. p. 44. Hi THE CROMWELLIAN UNION Union of Scotland to the Commonwealth of England."*^ After the ceremony, Monck was entertained at a banquet which had been ' sex dayis in preparing, quhairat the bailleis of Edinburgh did stand and serve the haill time of that denner.' ^ The Ordinance of April 12, 1654, had fixed Scotland's repre- sentation in the united Parliament at thirty members. It remained to determine how so small a number should be dis- tributed among the Scottish constituencies. Upon June 2, Lambert reported the following grouping of twenty-nine constituencies, each, save Edinburgh, having a single member.^ Shires. Number Constituency. of Members. 1. Orkney, Shetland, Caithness, . . .1 2. Sutherland, Ross, Cromarty, . . .1 3. Inverness, . . . . . .1 4. Moray, Nairn, . . . , .1 5. Banff, . . . . . .1 6. Aberdeen, . . . . . .1 7. Kincardine, Forfar, . . . .1 8. Fife, Kinross, . . . . .1 9. Perth, ...... 1 10. Linlithgow, Stirling, Clackmannan, . .1 11. Dumbarton, Argyll, Bute, . . . .1 12. Ayr, Renfrew, . . . . .1 13. Lanark, . . . . . .1 14. Midlothian, . . . . .1 15. Berwick (the Merse), . . . ,1 16. Roxburgh, . . . . . .1 17. Selkirk, Peebles, . . . . .1 1 Nicoll, Diary, p. 124. The Union Ordinance was proclaimed at Aberdeen on May 16. — Extracts from the Council Register of the Burgh of Aberdeen, 1643-1747, p. 138. 2 Nicoll, Diary, p. 125. The Ordinances of Grace and Pardon, for the erecting of Courts Baron, and for the settlement of the estates of excepted persons, were proclaimed at Edinburgh on May 5. — Firth, Scotland and the Protectorate, p. 100. 3 Cal. State Papers, Dom., 1654, p. 197; Bruce, Report on the Union, vol. ii. p. ccxi ; Acts of the Parlt. of Scot. ^ vol. vi. pt. ii. p. 823. INTRODUCTION liii Consiituency. 18. Dumfries, .... 19. Wigtown, .... 20. East Lothian, Burghs.^ Number Constituency. of Members. 1. Dornoch (1639), Tain (1567), In- ^ verness (1439), Dingwall (1587), Nairn (1567), Forres (1488), Elgin (1469), . 2. Banff (1469), Cullen (1593), \ Aberdeen (1367), . . J 3. Forfar (1471), Dundee (1367)^ Arbroath (1639), Montrose >• (1367), Brechin (1478), . .) 4. Linlithgow (1367), Queensferry J (1639), Perth (1367), Culross I (1593) , StirUng (1449), • .) 5. St. Andrews (1456), Dysart\ (1594) , Kirkcaldy (1585), Cupar (1456), Anstruther-Easter and -Wester (1593), Pittenweem (1579), Dunfermline (l628) Kinghorn (1471), Inverkeithing (1471), Burntisland (1586), Kil renny (l6l2), Crail (1471), 6. Edinburgh (1367), 7. Lanark (1467), Glasgow (1560), ^ Rutherglen (1478), Rothesay (1484), Renfrew (1478), Ayr (1469), Irvine (1469), Dum- barton (1471), . . -J Niimber of Members 1 1 1 Place of Election. Inverness, Aberdeen. Dundee. Stirling. Cupar-Fife. Edinburgh. Glasgow. 1 I have added in brackets the earliest known date at which each Burgh secured representation in the Scottish Estates. The dates are those given by Mr. R. S. Rait in Map 28 of the Historical Atlas of Modern Europe (ed. R. Lane Poole). Dumfries. Lauder. liv THE CROMWELLIAN UNIOxX Number Place Constituency. of Members. of Election, 8. Dumfries (1469), Sanquhar (1621), Annan (l6l2), Loch- maben (l6l2), Wigtown (1469), Kirkcudbright ( 1 469), Whit- horn (1639), New Galloway (1628), .... 9. Peebles (1468), Lauder (1567), ^ Jedburgh (1469), Selkirk (1469), North Berwick (1478), Dunbar (1469), Haddington (1367), Save that the scheme of distribution made some effort to secure geographical symmetry, and that, for the most part, every Burgh that had secured the right to be represented in the Scottish Parliament was included in the Council's scheme,^ Scotland had little cause to regard either the pro- portion of members allotted to her,^ or the way in which they were distributed, with particular favour. To the Council, however, the scheme presented itself as a reasonable, if not the only, way by which to apportion thirty members among nearly three times that number of constituencies. On June 5, 1654, Lambert's scheme was approved.^ On June 27 it was issued as an Ordinance.* Already on June 22, 1654, the Council had had before it the draft form of the writs to be issued to the Scottish con- stituencies in view of the impending elections.^ On June 29 the Council wrote to Monck that the writs had been despatched to him, together with forms of indenture between the sheriffs (as returning-officers) and the electors. Copies ^ Except Inverurie (1612), Kintore (1579), and Bervie (1612). The English Commissioners had not summoned these Burghs to the Convention at Dalkeith and Edinburgh in 1652. ■•^ On March 2, 1653, a motion that thirty-three should be the number was defeated by a majority of two in a House of fifty-four. — Commons' Journals, vol. vii. p. 263. 3 Cal State Papers, Dom., 1654, p. 199. ^ It is printed in Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 823. ° Cal. State Papers, Dom., 1654, p. 217. INTRODUCTION Iv of the Instrument, which were to be read at the time of the proclamation of the writs, were sent also.^ At length the mechanism of the Union was complete. But the condition of Scotland was hardly encouraging for the new experiment. The Highlands were not yet recovered from the upheaval caused by Glencairn's Rising.^ A number of ministers who assembled (August 19,1654) at Edinburgh were ordered to disperse.^ At about the same time an order per- mitting the Burghs to elect their magistrates for the ensuing year was countermanded.* In such an atmosphere the elections for the ensuing Par- liament took place in Scotland. It was impossible that they should rouse much interest, save among the English officials who chiefly secured election. ' Five sheriffdoms in Scotland returned that not one fit to be a parliament man was to be found within their liberty,' says Whitelock,^ and only twenty of the twenty-nine constituencies returned members. Their names and representatives were as follows ^ : — Shires. Inverness, . . . Lieut.-Colonel William Mitchell.^ 1 Ca/. State Papers^ Dom., 1654, p. 228. The form of indenture is in Acts of the Parlt. of Scot. ^ vol. vi. pt. ii. p. 822. 2 On September 21, 1654, Monck writes to Thurloe : ' Affaires heere growe quiete by soe many of the enimies comeing in already, and more daily.' — Thurloe, State Papers, vol. ii. p. 619. 2 Firth, Scotland and the Protectorate, p. Iviii. On July 20, 1653, the Assembly had been dispersed by the soldiery. For accounts of that event cf. Firth, Scotland atzd the Commo7iwealthy pp. 162-3 ; Baillie, Letters and Journals, vol. iii. p. 225 ; Life of Robert Blair, p. 307 : Lamont, Diary, p. 69. Another account from a contemporary pamphlet is printed in the Scotsman, May 28, 1901. Nicoll, Diary, p. 138; Extracts from the Council Register of Aberdeen^ 1643-1747, p. 144. ^ Memorialls, vol. iv. (ed. 1853), p. 132. On p. 130 he writes under date August 21, 1654 : ' The election of members in Scotland to serve in the parlia- ment of England went on slowly, yet some were chosen and returned. ' ^ Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 781 ; Hansard's Parlia?nentary History, vol. iii. p. 1432. His name appears in 1651-52 as having received money for recruits for Fairfax and Deane's regiments. He was probably lieutenant-colonel of the latter regiment. Cf. Firth, Scotland and the Commonwealth , pp. 112, 113. Ivi THE CROMWELLIAN UNION Forfar and Kincardine, . Colonel David Barclay of Urie.^ Fife and Kinross, . . Colonel James Hay. 2 Perth, . . . George Earl of Linlithgow. Linlithgow, Stirling, Clack- | ^^^^^^^ ^^^^^^ ^^^^ ^ mannan, . . j Dumbarton, Argyll, Bute, . Sir James Hamilton of OrbistonJ Lanark, . . . Sir William Lockhart of Lee.^ Midlothian, . . George Smith.^ Berwick, . . . John Swinton of Swinton.* Selkirk and Peebles, . John Thompson.^ Dumfries, . . . James Earl of Hartfell.^ Wigtown, . . .Sir James Macdowall of Garthland.'*' East Lothian, . . Benjamin Bressie of Dolphinton.^ Edinburgh, . . .| Burghs. Samuel Desborough.- George Downing. Forfar, Montrose, Dundee, Ar-j Sir Alexander Wedderburn." broath, Brechin^ . .J Linlithgow, Queensferry, Perth,) 1 t 1, ^1 io Culross, Stirling, . . | ^^^^^^^ ^^^^-'^ ^ He had served as a major in the Swedish service and as a colonel in the Parliamentary army. — Foster, Memders of Parliament (Scotland), p. xviii. Cf. Firth, Scotland and the Protectorate, pp. 164, 168, 313, 320, for references to Barclay. He was the father of Robert Barclay, the Quaker apologist, and some account of him is given in the latter's biography in the Diet, of Nat. Biog., vol. iii. p. 167. " Presumably the Colonel James Hay who on September 9, 1651, came in from Fifeshire and made his submission to the English Commonwealth. Cf. Firth, Scotland and the Cojnmonwealth, p. 14. He made a violent speech against toleration in the Parliament of 1654. It is notable as the only speech by a Scottish member in these Union Parliaments which was printed. It is among the King's Pamphlets, E. 828 (4). ^ Governor of Stirling. * Appointed one of the Commissioners of Justice in 1652. ^ Auditor-General of the Revenues of Scotland. ^ He appears as ' Col. J. Earl ' in the list in the Parliatnentary History. ^ One of the Deputies to the English Parliament in 1652. ^ He had been a captain in the English army. Cf. Firth, Scotland and the Protectorate, pp. 154, 320. His name is spelt alternatively ' Brissie ' and ' Bressey.' ^ One of the Commissioners of Revenue for Scotland. ^•^ Scout-Master-General of the Forces in Scotland. ^1 Town Clerk of Dundee. ^2 He had recently taken part under Monck in the Highland campaign. Cf. Firth, Scotland and the Protectorate, p. 149. INTRODUCTION Ivii St. Andrews, Dysart, Kirkcaldy/ Cupar, Anstruther E. and W., Pittenweem, Crail, Dunferm- " line, Kinghorn, Inverkeithing, Kilrenny, Burntisland, Lanark, Glasgow, Rutherglen^'j Rothesay, Renfrew, Ayr, r Irvine, Dumbarton, . J Dumfries, Sanquhar, Lochmaben,^ Annan, Wigtown, Kirkcud- 1 bright, Whithorn, New Gallo- j way, ... J Peebles, Selkirk, Lauder, North^ Berwick, Dunbar, Hadding- V ton, . . J James Sword.^ John Wilkie of Bromhouse.^ Major Jeremiah Tolhurst.^ William Thomson. Nine constituencies failed to elect representatives, i.e. the following groups of Shires : Ross and Sutherland and Cromarty, Banff, Aberdeen, Roxburgh, Orkney and Shetland and Caithness, Ayr and Renfrew, Moray and Nairn : and of the Burghs, Dornoch and its associated constituencies, Aber- deen and Banff. Of the twenty-one members elected, a very large proportion of them were either officers in the English army of occupation or officials of the English executive.^ ^ Burgess of St. Andrews. He died on October 6, 1655, and at that time was Provost of St. Andrews. — Lamont, Diary, p. 117. 2 He was elected at a meeting in Hutcheson's Hospital held at 10 A.M. on July 28, 1654. — Extracts from the Records of the Burgh of Glasgow, p. 292. Cf. Records of the Convent io?i of Royal Burghs, 161 5- 1676, p. 436. ^ Burgess of Dumfries and governor of Carlisle. Cf. Firth, Scotland and the Protectorate, p. 15. ^ Burgess of Haddington. ^ Some, and probably all, of those elected had their expenses defrayed by their constituencies. On November 3, 1654, it was reported to the Convention of Burghs, then assembled in Edinburgh, that Haddington had advanced the sum of ;^I200 Scots to William Thomson, bailie of that place, ' for his entertain- ment in attending thair effairis ' in London. The sum was ordered to be distributed among the constituencies associated with Haddington. On February 9, 1655, Glasgow reported that John Wilkie, her member, had received the sum of ;^I404 Scots, and a similar order was made as in the case of Haddington. Cf. Records of the Convention of Royal Burghs, 161 5-1676, pp. 391, 397. Iviii THE CROMWELLIAN UNION Save for the name, the Union was a plausible yet hollow pretence.^ Intent upon discussing the authority which had called it into being, the first Protectoral Parliament had but little time to devote to Scottish affairs. It met on September 3, 1654.^ On the 29th of that month a Committee, which included all the Scottish members, was appointed for Scottish affairs.^ On December 22 the House at length turned to the Union Ordinance of the previous April, which so far was without Parliamentary sanction. On that date 'an Act for Uniting of Scotland into one Commonwealth with England' was read a first time, and its second reading was appointed for December 28.* Nothing more was heard of the measure, however, after its first reading, and on January 22, 1655, the House was dissolved. A third time the close of a Par- liament left the Union without the basis of Parliamentary sanction.^ Since the promulgation of the Ordinance of Union of April 12, 1654, the civil government of Scotland had been directly administered by the English Council of State. On May 4, 1 As Dr. Gardiner expresses it, ' The Irish representation [in the Union Par- liament of 1654], and to a great extent the Scottish, served the purpose of the Ministerial pocket-boroughs of the eighteenth century.' — Commonwealik and Protectorate^ vol. iii. p. 8. 2 ' Gentlemen,' said Cromwell in his speech on that day, ' you are met here on the greatest occasion that, I believe, England ever saw, having upon your shoulders the interest of three great nations, with the territories belonging to them.' — HansarcTs Parliamentary History, vol. iii. p. 1434. ' Co7n77ions' Journals, vol. vii. p. 371. ^ Ibid. p. 407. ^ Before returning to Scotland the Scottish members, or, more probably, those of them who were not English officers or officials, visited Cromwell to take their leave and to represent how burdensome was the maintenance of the English army in Scotland. ' His Highnesse told them that the reason therof was because the Ministery did preach uppe the interest of Charles Stuart, and did much inveigh against the present authority, soe that there was a necessity of their continuance, but if they could propose any expedient with a salvo to the security of that Nation, hee was willinge to answer their desires therein : wheruppon the said Members are now [Feb. 8, 1655] consideringe of an expedient.' — Clarke Papers, ed. Firth, vol. iii. p. 22. INTRODUCTION lix 1655, however, the Protector confirmed the nomination of nine persons to act as a separate Council of State for Scotland.^ Their commission, drafted on March 30 and confirmed on the following July 24, empowered them (1) to continue in office until June 24, 1658; (2) to inquire into the state of Scotland and the readiest way for continuing good government, and for preserving the Union ; (3) to promote the preaching of the Gospel, and to take order for the better support of the Universities and public schools; (4) to visit and reform the Universities ; (5) to purge the Corporations of dangerous, disaffected, or scandalous magistrates ; (6) to administer justice and promote the Union by causing the proceedings in courts of judicature to be conducted agreeably to the laws of England as far as possible ; (7) to supervise the revenue ; (8) to establish the English executive upon a satisfactory basis, etc.^ The new Scottish Council met at Edinburgh on September 13, 1655.^ It inaugurated its rule by two measures of leniency and tolerance. Not since 1652 had the Scottish Burghs been ^ They were Monck, Roger Lord Broghill (afterwards first Earl of Orrery), Charles Howard, Sir William Lockhart of Lee, John Swinton, Adrian Scrope, Samuel Desborough, Nathaniel Whetham, and Thomas Cooper. Emmanuel Downing was appointed clerk (Thurloe, State Papers, vol. iii. p. 423), and Mr. Locke, assistant-clerk (Nicoll, Diary, p, 159). For the Council a seal was pro- vided, on which the arms of Scotland were engraved ' with his Highness' arms on an escutcheon of pretence.' A mace of the value of £\oo was also provided {Cal. State Papers, Dom., 1655, p. 303). The salaries of the President (Lord Broghill) and members of the Council were fixed at ;i^iooo and ;,^^6oo respec- tively {ibid. p. 255), and of the clerk and his assistant, at ;^300 and /'200 (Thurloe, vol. iii. p. 701). Sir Edward Rhodes also appears as a member of the Council in September 1655 (Nicoll, Diary, p. 159). '-^ These instructions are printed in Cal. State Papers, Dom., 1655, pp. 108, 255, and in Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 826. ^ Monck writes to the Protector that Broghill had reached Edinburgh late on the I2th, and that the Council met on the 13th ' about the methode of our pro- ceedings ' (Firth, Scotland and the Protectorate, p. 306). Nicoll {Diary, p. 159) says the Council * sat doun every lauchfull day twyse a day, both befoir and in the eftir nune, acting diligentlie these bussines that concernit that Heich Judicatorie.' Baillie {Letters and fournals, vol. iii. p. 288) concisely describes Scotland's Ix THE CROMWELLIAN UNION allowed to hold their municipal elections. Permission to do so had then been accorded only after each Burgh had accepted the Tender of Union, and the officers selected had been re- quired to take an oath of fealty to the Commonwealth.^ In 1653 no municipal elections were held. In 1654 permission to hold them was granted, but was ultimately withdrawn. ^ On September 24, 1655, however, the new Council issued a pro- clamation granting the Scottish Burghs full liberty to elect their magistrates, with the proviso that persons disaffected to the government should not be eligible for office. The elected magistrates were to swear fidelity to the Lord Proctor.^ condition at this time : ' For the tyme all Scotland is exceeding quiet, but in a very uncomfortable condition : very many of the Noblemen and gentlemen . . . are wracked or going to wrack. The commonalitie and others are oppressed with maintainance to the English armie. Strange want of money upon strange want of trade, for our towns have no considerable trade ; and what is, the Eng- lish has possessed it. The victuall is extraordinarie cheap, in God's mercie, but judgment to many. Want of justice, for we have no Barron-Courts ; our sheriffs have little skill, for common being English sojours ; our Lords of Session, a few English, unexperienced with our law, and who, this twelve moneth, hes done little or nought : great is our suffering through want of that Court. After long neglect of us as no nation, at last a supreme Councell of State, with power in all things, is come doune, of six or seven English sojours and two of our complying gentlemen, Colonell Lockhart and Colonell Swinton. We expect little good from them.' As to the Justices of the Peace, Row writes i^Life of Robert Blair, p. 326) : ' The first session of the Justices of Peace was in February 1656. The Court was made up of English and Scotch ; but some of our gentry refused to give the oath that was craved of them, and so were not upon the Court. They had large power for repressing of all public and scandalous sins, viz. swearing, drunkenness, Sabbath-breaking, stealing, etc., by imposing of pecuniary mulcts and corporal punishments. Also they had power to take up the pecuniary mulcts that Kirk Sessions exacted of fornicators, adulterers, etc. ; but the evil of that being represented unto them, it was accorded that these mulcts should be divided betwixt them and ihe Sessions. The Justices of Peace had in the several parishes constables under them, that executed their orders and attended their quarterly sessions.' The names of the Justices are in Firth, op. cit. p. 308 ; cf. Nicoll, Diary, p. 172 ; Thurloe, vol. iv. pp. 342, 480, 741. ^ Nicoll, Diary, p. loi. 2 Ibid. pp. 114, 138; Extracts from the Council Register of Aberdeen, 1643- 1747, p. 158. The text of the proclamation is in Thurloe, vol. iv. p. 52, and in Nicoll, Diary, p. 159. The annual municipal elections were held regularly from hence- forward to the Restoration. INTRODUCTION Ixi On September 27, 1655, the Scottish Council issued a pro- clamation which constituted another innovation. Ever since Scotland had lain under the heel of the English army of occu- pation her ministers, those in whom patriotism and religious bias had bred the bitterest antagonism to England and the heterodoxy of her Independents, had consistently and publicly prayed for their exiled King Charles. Nor had their zeal been abated by the infliction of pains and penalties. Broghill and his Council resolved to remove the penal prohibition which so far had rested upon the practice. The new regulation was to remain in force tentatively until November 5, 1655. Upon the conduct of the ministers within that period it rested whether the government resorted to other methods by which to secure obedience.^ The proclamation proved effective in securing at least an external compliance. ' Thereafter,' writes Row,2 ' public remembering of the King by name in the public prayers was left off by almost all the ministers of Scotland ; yet still he was prayed for,** he adds, ' not only in families and in secret, but in public, being involved in some general that did clearly enough design him to all intelligent hearers."* The second Parliament of the Protectorate was summoned for September 17, 1656. The elections were held through- out Scotland for the most part on August 20, 1656,^ the writs having arrived the previous month. ^ Great eflbrts were made to secure the return of Englishmen, or at least of Scots- men on whom the Government could rely. The Protector was likely to require ' friends," and the Scottish Council ^ The proclamation is printed inThurloe, vol. iv. p, 58, and in Nicoll, Diary, p. 160. It was proclaimed at Edinburgh on October i, 1655. A letter from Broghill to Thurloe upon the matter is in Thurloe, vol. iv. p. 56. Life of Robert Blair, p. 325. Cf. Lament, Diary, p. 117 ; Nicoll, Diary, p. 162. ^ Firth, Scotland and the Protectorate, P- 33i ; Thurloe, State Papers, vol. v. p. 322. * Nicoll, Diary, p. 182. Ixii THE CROMWELLIAN UNION almost to a man offered itself for election.^ The following were elected : ^ — Shires. Ross^ Sutherland^ and Cromarty, Dr. Thomas Clarges.^ Inverness, . . . Colonel Thomas Fitch. ^ Banff, .... Dr. Alexander Douglas. ^ Aberdeen, . . . Lieut.-Col. William Mitchell.** Forfar and Kincardine, . . Colonel David Barclay of Urie. Fife and Kinross, . . Sir John Wemyss of Bogie. *" Perth, . . . .Sir Edward Rhodes. ^ Linlithgow, Stirling, Claekman-j^,^^ , nan, . . . J Dumbarton, Argyll, Bute, . Captain John Lockhart.^^ ^ Monck writes to Thurloe on August 5, 1656: * All the councill here are like to bee chosen members of parliament but myself. I have kept myself and major general Morgan from being chosen, because I know wee cannot bee spared from home' (Thurloe, vol. v. p. 277). Writing to Thurloe on August 19, 1656, Broghill suggests : ' If you see ther wil be need, you might without much inconveniencie proroge the sittinge of the [Scottish] councill till the loth of Jan. next . . . and therby get soe many more frends to attend the house ' {ibid. p. 322). The Scotsmen elected are described by Monck {ibid. p. 367) as 'honest and peaceable Scotchmen, and I believe will be all right for my lord protector.' Cf. Life of Robert Blair, p. 327. ^ Lists, more or less identical, are in Acts of the Parlt. of Scot:, vol. vi. pt. ii. p. 782 : Bruce, Report on the Union, vol. ii. p. ccxlii ; Burton, Parlia- mentary Diary, vol. iv. p. 487 ; Hansard's Parliamentary History, vol. iii. p. 1483. 2 He was Monck's brother-in-law. Charles the Second knighted him in 1660. Vide article on him in the Diet. Nat. Biog. ^ Governor of Inverness. Cf. Firth, Scotland and the Protectorate, passim. 5 Provost of Banff. ^ He sat for Inverness in the Parliament of 1654-55. Broghill describes him to Thurloe as 'an honnest sober man.' — Thurloe, vol. V. p. 322. ^ Of Great Houghton, Yorks. One of the Council of State of Scotland. — Foster, p. 297. A newsletter of August 20, 1656, from Perth (Firth, Scotland and the Protectorate, p. 331) has : ' This day there mett a considerable number of Gentlemen from all quarters of the shire, who unanimously elected Sir Edward Rhodes Knight for the shire. There was nott one other in leete with him, although many expected that wee should have run the same course that Fyff did.' ^ Eldest son of Sir Edward Rhodes, M.P. for Perthshire.— Foster, p. 297. He was Commissary of Edinburgh in 1656. — Firth, Scotland and the Protectorate, P- 317. Of Castlehill ; third son of Sir James Lockhart of Lee. — Foster, p. 219. INTRODUCTION Ixiii Ayr and Renfrew, Lanark, . Midlothian, Berwick (Merse), Roxburgh, Selkirk and Peebles, Dumfries, Wigtown, . East Lothian, Orkney, Shetland, and ness, . Moray and Nairn, Caith {William Lord Cochrane of Dun- donald.^ f Colonel Sir William Lockhart of "l Lee.2 . Samuel Desborough. . John Swinton of Swinton. . William Ker of Newton.^ . Henry Whalley.^ . George Smith. ^ fSir James Macdowall of Garth- l land.6 . John Earl of Tweeddale. I Colonel Robert Stewart. , Richard Beke.^ Edinburgh, Burghs. f Roger Lord Broghill. \ Andrew Ramsay. ^ Dornoch Tain Inverness, Ding-| j^^j^^^^ ^^j^^ , wall, Nairn, Elgin, Torres, ' ^ He had been fined ;^50oo under the Ordinance of Grace and Pardon of 1654 ; created Earl of Dundonald in 1669. — Foster, p. 73. 2 One of the Council of State of Scotland. ^ Lieut. -Colonel of a regiment of horse raised in Roxburghshire and Selkirk- shire during the Civil War. — Foster, p. 203. ^ Judge- Advocate-General. ^ One of the Commissioners of Justice in Scotland. Broghill writes to Thurloe^ on August 9, 1656: ' Ther was som designe in Dumfrees there to choose one I did not like, which made me send for my lord Hartfield [Hartfell ; he sat for Dumfries in 1654], a kinsman of my wife's, and the leading man ther ; and I have engaged him to choose Judg Smyth [for the Shire] and col. Salmon [for the Burgh]. Smyth is a verry right man.' — Thurloe, vol. v. p. 295. ^ Commissioner of Customs at Leith. ' Richard Beke's sister married Robert Lilburne about 1649. Beke was Colonel of Cromwell's Life Guard in 1656. — Firth, Scotland and the Protectorate^ p. 59. A list in the Clarke Manuscripts gives the Earl of Murray as M. P. for Elgin and Nairn {ibid. p. 332). The original writ having arrived too late in 'those remote Countries,' a new writ was issued on October 23, 1656. — Commons' Journals^ vol. vii. p. 444. ^ Of Abbotshall ; Lord Provost of Edinburgh. — Foster, p. 292. ^ Commissary of Ayrshire. — Firth, Scotland and the Protectorate^ p. 317. Ixiv THE CROMWELLIAN UNION Banff, CuUen, Aberdeen, Forfar, Dundee, Arbroath, Mon-\ trose^ Brechin, . ./ LinUthgow, Queensferry, Perth,\ Culross, StirHng, . J St. Andrews, Dysart, Kirkcaldy," Cupar, Anstruther E. and W., Pittenweem, Crail, Dunferm- , line, Kinghorn^ Inverkeithing, Kilrenny, Burntisland, Lanark, Glasgow, Rutherglen,^ Rothesay, Renfrew, Ayr, I Irvine, Dumbarton, . Dumfries, Sanquhar, Annan,^ Lochmaben, Wigtown, Kirk- cudbright, Whithorn, New Galloway, Peebles, Lauder, Jedburgh,^ Selkirk, North Berwick, Dun- I bar, Haddington, . j Stephen Winthrop.^ Sir Alexander Wedderburn of Blackness. Colonel Henry Markham.2 Colonel Nathaniel Whetham.^ George Lockhart.^ Colonel Thomas Talbot.^ John Vincent.^ In the Parliament of 1656 Scotland had her full complement of members, but, as in its predecessor, the leaven of English 1 Major in Major-General Harrison's regiment in 1654, and one of the Justices of the Peace for Aberdeenshire in 1656. — Firth, op. cit.^ pp. 105. 308. 2 Son of Sir Anthony Markham of Sedgebrook. He had been wounded at Naseby. — Foster, p. 241. 3 One of the Council of State of Scotland. ^ Of Tarbrax, Commissary of Lanarkshire (Firth, Scotla>id and the Protec- torate^ p. 317). The list printed in the Acts and Parliamentary History in- accurately gives George Talbot as M. P. for Lanark, etc. Lockhart's name appears upon Clarke's manuscript list (Firth, op. cit. p. 332), and a resolution to pay 'Commissar Lockhart, commissionar at the Parliament,' ;i^ioo sterling for his services appears among the Glasgow Council minutes of April 18, 1657. Vide Extracts frofii the Records of Glasgow, 1630- 1662, p. 363. His name also appears in Bruce's list in his Report on the Unioji, vol. ii. p. ccxliii. 5 He was elected in the room of Colonel Edward Salmon, who, having been chosen for both Dumfries and Scarborough, elected to sit for the latter. A new writ for Dumfries was ordered to be issued on October 2, 1656. — Commons^ journals, vol. vii. p. 432. 6 Of Wharnford, Northumberland. He was elected in the room of Scout- Master Downing, who, having been chosen also for Carlisle, elected to sit for that constituency. — Commons^ Journals, vol. vii. p. 432. IxNTRODUCrriON Ixv officials was considerable. In preparation for the session the Convention of Burghs had on August 27, 1656, sanctioned a set of instructions ^ on matters ' that most concernis the priviledge and liberties of the burrowis,^ and their representa- tives were requested to ' prosecut the effectuating and accom- plischment of the samjn." The instructions were chiefly upon matters of commercial import: — (1) a recommendation to lessen the assessment upon Scotland by one-sixth, in view of the heavy pressure of public burdens and. of ' the violence of the lait storme,' in which their ' whole schippis . . . quhairin the greatest pairt of thair stockis wer,^ had been lost ; (2) the confirmation by the Protector of the liberties of the Burghs ; (3) the maintenance of the Scottish Staple at Campvere,^ ' for the recoverie of traffique and tread of this natioun ■* ; (4) per- mission to export such staple goods as skin, hide, wool, which ' for the present cannot be imployed in Scotland," at least ' wntill manufactories be set wp within the natione ' ; (5) the prohibition of English soldiers in Scotland from exercising their civil occupations, or in the event of their resuming a civil status, from settling in any but a free Burgh, and from using any but Scottish weights and measures ; (6) the removal of forfeitures, and the payment of debts contracted since 1648 by forfeited persons, matters of importance to the Burghs, ' quho in effect ar the persones forfeited, being creditouris and have- ing the maist pairt of that which is left of thair estaites in forfeited persones handis ' ; (7) the provision of convoys for Scottish ships, and the release of Scottish merchants and seamen who were prisoners in the hands of Dunkirk privateers ; ^ Printed in Records of the Convention of Royal Burghs, 1615-1676, p. 42S. • The Staple ' for the Scottis natioun in Flanders ' was established at Campvere in 1578. In 1586, seeing that Scottish merchants, *besyde thair vncumlie behaviour in thair civill life,' had ' na maner of regard of conscience or relligioun,' it was resolved to plant a Kirk and minister there. — Records of the Conventioyi of Royal Burghs, 1295-1597, pp. 53, 212. The privileges conferred by the Staple lasted until 1795, when they were withdrawn by the Batavian Republic. Cf. art. * Campvere ' in Chambers' s Encyclopcedia, vol. ii. e Ixvi THE CROMWELLIAN UNION (8) the raising of the interest on borrowed money to eight per cent, 'in respect of the scaircetie of money within this natione, which is much occasioned by the lownes of the annual rent of money The new Parliament assembled on September 17, 1656.^ In the course of its existence the Union was the subject of verv considerable debate. On October 25 a measure, based no doubt upon, and intended to confirm, the Union Ordinance of April 1654, was introduced and passed the first reading.^ November 4 was appointed for the second reading.* The occasion drew the following speech from an Englishman, sitting probably for a Scottish constitency : * — ' Mr. Speaker^ — I shall, with your leave, speak something to this Bill of Union, which I conceave to bee soe nessesary for the peace of this Island, that my hart goes along with much of it. Upon the bare hearing of it read I cannot give my consent to all, though at present it seemes to mee to comprehend soe many good thinges, that more future happinesse may bee from hence derived to these nacions than was in any measure effected before. ' I believe. Sir, none that have beene acquainted with EngHsh History can bee ignorant of the frequent invations, excursions, and contests formerly betweext us, besides the ordinary rapines upon the borders which continued in some degree till these times, soe that it was very unsafe to live nere them ; but by the prudence of an Honnourable Member of this House, who lately had the care of those partes, they are now in a condition which promiseth much improvement and advantage to them. But, Mr. Speaker, the many civill warres in Scotland and feudes betwixt family and family, which seldome ended but in divastation and slaughter, 1 The usual Scottish Committee was appointed on September 23. — Commons' Journals^ vol. vii. p. 426. 2 Commons' J'ournals^ vol. vii. p. 445. ' * November 4, 1656. — This day the Act of Union for Scotland came on the second time, and because of some clawses about the lawes, the Lords Com- missioners of the Great Seale, Lord Chief Justice Glyn, and other the Gentle- men of the longe robe who are of the House, were sent for out of Westminster Hall to attend the debate, which is adjourned to a Grand Committee of the whole House on Fryday [Nov. 7] next.' — Clarke Papers^ vol. iii. p. 80. * Firth, Scotland and the Protectorate, p. 333. INTRODUCTION Ixvii those can but relate which are of that nation, all which being caused by the unlemited power of there Nobilitie, which I shall anon speake of, the cause being taken away by this Bill,^ the effects will cease. ' This is a great worke which establisheth so sure a foundation of peace in that nation, a worke which none of there kinges could ever compasse, reserved by the mercy of God to you. Att the comming in of King James there was a face of quiet, yett animosities remained. Wee seemed too much to truckle under Scottland, and England was rather an accession to that than that to it ; 2 for the Scotch Nobilitie had the greatest influence upon Whitehall, and the coines in Scotland had the inscription of Scotiae, Angliae, and Hiberniae Rex. The Parliament in the beginning of that King's raigne were very jelous of the honour of that Nation, which produceth soe manny debates about the Act of Union then brought into the House ^ that noething could bee done in it ; but at the dissolution of the Parliament, the King by Pro- clamation united the Nations by the name of Great Brittaine, declaring the Scottes to be virtually naturalized by his inheriting the crowne of both Nations. The lawyers know these things better than I (it being not my province). I think there is a case of the postnati amongst Judge Cooke's reports, called Calvin's case, that discusses these matters.^ Sir, I have bin tould that the Scotch Nobilitie were soe terible to that King that great pentions went from hence to keepe them quiet. The truth is, noe Monarch could governe them except hee had a great share of kingcraft ; for they had such dependencies that upon any distaste they would bring ten thousand men into the field to justifie their pretences ; nay, their judges were soe awed, they durst scarce give judgement in any case for one noble man against another, except hee were weaker than his competitour ; for upon trials betwixt them they would appeare at Edenbrough with such numerous traines that ^ The Bill sought to effect that which the Act for the abolition of Heritable Jurisdiction in Scotland ultimately accomplished after the last Jacobite Rising. 2 The Scottish view of the Union of 1603 naturally differed from that expressed by this speaker. Lockhart {Memoirs, p. 397) describes one who came in the deepest mourning to witness James the Sixth's departure for England ; for, said he, ' I 'm come to perform my last duty to my deceased and beloved Country.' * On James the Sixth's attempt to unite the kingdoms, cf. Bruce, Report on the Union, vol. ii. pp. xv. et seq. * Cf. GzxdinQx, History of England, 1603-1642 (ed. 1883), vol. i. pp. 325, et seq. Ixviii THE CROMWELLIAN UNION the cittie was otten iu feare of them. Then in most of their rovall\-ties they had power of hfe and death, and when any of their tenants olfended them they might hantr him at his owne doore, for the Lord's Railiffe was alway the Judge, and it is not probable he would doe any thing but what his Cheitf should be inclynd to. *Sir, as I hinted to you before, by this Act iill these unjust powers are abolicht. and justice will How in an equall cluinnell. The Nobles and Gentles will be much happier or richer than before: for to oblidge there tenants to all attendance upon them they never made their best improvements of there rents, which now they may : and being without power to runne into ambitious excesses, they must comport themselfes to an obedience to the lawes. which w ill prevent such misereis as their late inconsiderate actions brought upon them. Yett their is reserved to them a just and lawfull power to engage a due respect from their inferiours : and, as it was said in another case, they may have oppertunity to doe as much good as they please, and can do little hurt. The Commons alsoe have their just liberty asserted. This is a greater reformation than could be brought about in former times. * Mr. Speaker, their is, [if I] mistake not. something mentioned conserning the manner of raising niony, that they may pay none but what are enacted by the Parliament I cannot at present consent to that, because it seemes to me to contradict some articles in the [Instrument of] Government.^ A Committee upon consideracion may by your directions alter that, if it shall be soe thought rttt, as also some things about the Customes and Ex[er]cise of Judicature amongst them, which I confesse my ignorance in. I beleeve after a revew it may be fitt to passe your test, and will be both profitable and honorable to the nations. It will bee profitable, for that thereby men's minds may bee after a while so compos'd as there Avill not bee a nessesity of keeping so much of your armie in that countrv, and so your charge much lessened, and you will bee strenghtend by it against your enemies, for f 'is uni/n tortior. Itt will bee honnorable to you too, for by the passing of this Bill all the world may see it was onely the security and pease ^ Since the Instrument had invested the Lord Frotector with at least a temporary and discretionary power of raising taxes without Parhamentar)- sanction, it was felt that Scotland's immunity from such a method both gave her an advantage over England and destroyed the idea of uniformity in a now united Commonwealth. The subject was debated again. I'/de in/ta, p. Ixxiii. INTRODLXITON Ixix of these nations, and not thurst of dominion, that ingag'd you to carry the armes [of England] to the extremities of Scottland, through many difficulties and dangers, and where the Romans, those devourers of Empire, never displayed their banners. Sir, upon the whole, since it is far easier to obtaine a conquest than secure itt, my humble motion is, that in order to a firme and lasting establishment of peace amongst us, this Bill may be comitted.' On November 7, 1656. the House resolved itself into Grand Committee upon the Bill.^ Objection was taken to the word ' incorporated ' in the first clause. It was urged that if Scot- land was in fact incorporated into England, then she must be regarded as having lost her individuality, and. as in the case of Wales after the Edwardian conquest, her laws must henceforth conform to those of the countr}' into whose existence she had been merged. But that objection ' was \ery well answerd ' and the word ' incorporated"* was allowed to stand. Another objection, however, was carried. The text of the Bill enacted the uniting of the 'people of Scotland' into one Commonwealth with England, and it is possible that something beyond a care for the niceties of accurate expression inspired the amendment of the sentence to 'people and territories.' ^ ^ The text of the Bill was presumably identical with that of the Declaration of March 25, 1652, and of the Ordinance of Council of April 12, 1654. The debate on November 7 is described in the following account: — 'The House resolved then into a grand Committee in debate of a Bill of Union of Scotland into one Commonwealth with England, which was ordered to, be debated in parts : they left the preamble to be considered when the rest of the Bill is agreed to, and began with the first clause, the woords whereof I cannot well remember, but the woord incorporated took up two [h]ours debate, many interpreting that it could not Ije properly said to be incorporated with one Commonwealth with England except all there lawes were first altered and be as the lawes of England are, to prove which the[y] aleged the example of Wales when it was incorporated into England by Edward the first ; but this was very well answerd, and at last it past, and the woord incorporated was named. The[n] there was an other exeption made, that in that clause it was said that the people of Scotland, etc., should be united into one Comon wealth with England, to which they would have aded that the teretoryes should be also united, and it was orderd accordinly.'— Clarke Papers ^ vol. iii. p. 8i. ^ The Ordinance of April 12. 1654, included the words 'Dominions and Territories.' Ixx THE CROIMWELLIAN UNION On the following Wednesday (November 12) the Committee resumed upon the Bill. The two subjects under consideration were, the arms of the united Commonwealth, and whether Scot- land ' should be free from Customes as they were in England, which trade onely from one port to an other "* ; ^ in other words, Was the political union also a commercial union ? And was the trade between the two countries to be henceforth free and untrammelled ? It was an aspect of the Union which upon the English side seemed most to call for magnanimity and sur- render. Not merely was Scotland far poorer than England,^ but to the foundations of that colonial and commercial expansion which was already beginning Scotland had con- tributed nothing. Was she, then, to share with England? And if generosity was demanded, was it fair to display it towards Scotland ? ' Many would have Ireland preseede, as the better country and being chiefly inhabited by English, but upon the question it was carried for Scottland ; then they came to the clause of customes, which brought in Excise after it, and it was objected that if salt made in Scottland paid noe more than single Excise it would be a meanes to distroy the salt works by Newcastle;^ but that argument held not, it being urged that the thing hath bin practiced neer three yeares w ithout producing any such effect, and if you make an union you must allow them as much previlidge as your selves, and be as much consernd for their good and advantage as ^ The account of this debate quoted in the text is in Clarke Papers^ vol. iii. p. 8i. 2 Even Lockhart {Memoirs^ p. 400), in the course of an argument which would tempt him to exaggerate rather than underestimate Scotland's resources, puts them relatively to those of England in 1603 as at one to six. On the whole question of Scottish commerce in the period vide Tucker's Report published by the Bannatyne Club. 3 The contention appears to have been, that Scottish salt was produced at a cheaper cost than that of the Tyne manufacturers, and therefore that a uniform excise would leave Scottish salt still able to compete favourably with English. The matter was again before the House. Vide infra, p. Ixxiv. INTRODUCTION Ixxi your selves ; and besides, if salt from Scottland make Newcastle salt cheaper, it will be a generall good to this Nation, and a generall good is to be preferd before a perticular. Upon that [the] whole clause was passed, and it being neere one of the clock, the Speaker resumed the cheire, and upon the report the debate was put of till Wedensday next, and then the House to goe into a grand Committee, and soe they rose.' The Bill continued in Committee throughout the rest of November.^ On December 3, 1656, urgency was claimed for other matters, and the Committee adjourned to the following day.- On that date (December 4) Samuel Desborough, M.P. for Midlothian, brought up from a sub-Committee to which the matter had been remitted an amended clause confirming the privileges of the Scottish Burghs.^ In the text of the Bill those bodies had been designated ' bodies politic and corporate,' a definition which the sub-Committee regarded as 'too extensive,' and therefore had amended to ' boroughs.' Further, since for the most part the nature and extent of Scottish burghal liberties were unknown to the House, the sub-Com- mittee had deemed it necessary to safeguard both the liberty of the subject and the constitution of the Commonwealth by qualifying the confirmation of the burghal privileges with the clauses ' saving to every man his right,' and ' provided the liberties [of the Burghs] be not contrary to the present government.' A long debate ensued, the keynote of which, among those opposed to the report, was the feeling that Parliament was blindly confirming privileges and liberties of whose nature it was profoundly ignorant ; privileges which might be prejudicial in their bearing upon Englishmen. ^ From the Commons' Journals it appears to have been before the House on November 15, 17, 21, 27, December 2. 2 Burton, Parliamentary Diary, vol. i. p. 6. The debate is reported at considerable length in Burton, Parliamentary Diary ^ vol. i. p. 12. Ixxii THE CROMWELLIAN UNION ' There may be,' suggested Captain Baynes,^ ' a law among them to hang all Englishmen. ... I would not have you confirm any thing till you know it.** Colonel Sydenham - urged the same caution. It had once been the custom to lay the penalty of death upon those of the two nations who should intermarry. That penalty might still survive. Mr. Drury^ drew the debate to a more practical grievance. The laws relating to apprenticeship in Scotland, he pointed out, were not as generous as those in force in England. He desired to see a uniform practice established. Captain Baynes rose again to point out another danger. ' I am informed,' he said, 'that they [the Burghs] have some privilege to ingross all trading into their own hands, and force men to sell and buy at their own rates, by prohibiting them for some days, and then setting a rate upon them in their guild, called the Dean of Guild, which ties them, that none shall buy but at such rates.** Mr. Downing,* after defending the Dean of Guild as ' the noblest constitution in corporations in the M'orld,' protested the absurdity of withholding confirmation of the liberties of the Scottish Burghs on the plea of ignorance of their nature. They were about to set up a court at York, he pointed out, the procedure of which was to follow that of the Court of Common Pleas. But was the House instructed upon the rules of that Court ? and was he ' to go study four years to know them ' before he could give his consent to the Bill for York ? A proposal was advanced that it should be left to the Lord Protector 'to confirm what priveleges of the boroughs he pleases."* Finally, upon a division, the recommendations of * Adam Baynes, M,P. for Leeds. William Sydenham, one of the members for the Isle of Wight. 3 No member of this name appears in the roll of this Parliament. Perhaps James Dewey, one of the members for Dorsetshire, is intended. ^ He had been elected for both Carlisle and Peebles, etc., and sat for the former. He appears to have been the only member, save Judge Smith, even remotely connected with a Scottish constituency who took part in the debate. INTRODUCTION Ixxiii the sub-Commitee were defeated by seventy-four against sixty- four votes, and its report was remitted to it for further consideration. 1 On January 14, 1657, the Grand Committee upon the Bill resumed.^ The greater part of it passed the Committee, and also the clause confirming the privileges of the Burghs, which had been so vigorously debated on December 4. But the clause, that the people of Scotland should have no taxes nor public impositions whatsoever laid upon them but by common consent of Parliament, again roused considerable discussion. It was objected that it placed the people of Scotland in a better position than those of England, w hereas the latter 'ought to be their elder brother/ Some feared that the clause might hinder the Lord Protector from giving his assent to the Bill. ' Some,' remarks Burton, ' were sorry the clause was in the Bill, but seeing it was there, they were much divided in their opinions. To reject such a clause, though but collateral to the union,^ might sound ill abroad. That a Parliament should discourage such a clause was a tacit consent that taxes might be laid out of Parliament. If it stand, then we tacitly take the tax from Scotland and lay it upon ourselves, and so make a disunion instead of an union. Some were for passing it over, or laying it aside : others, that we might take an occasion hereby to make claim, continual claim, to our liberties, especially in disposing of property, and that it were good such a Bill were provided for the whole nation."* The debate, ^ The Grand Committee on the Bill was adjourned to December 6. There is no reference to it on that date. On December lo the Committee was again adjourned to December 13, and again the Committee did not sit. On December 23 the Committee was adjourned to December 26 with similar result. On January 12, 1657, the Bill was appointed to be heard in Committee on the I4lh. Cf. Commons' fournah. - The minutes of the debate are in Burton, Parliamentary Diary ^ vol. i. p. 346. ^ A speaker had remarked that the clause had ' no coherence with the Bill of Union, [and] so need not be part of the Bill.' — Burton, Parliamentary Dia^y. vol. i. p. 347. Ixxiv THE CROMWELLIAxN UNION however, reached no conclusion, and the Committee ' rose in confusion.'^ The further consideration of the Bill of Union was pre- vented by the introduction on February 23, 1657, of the Humble Address and Remonstrance, or Humble Petition and Advice, and the framing of the new Protectoral constitution.- But on April 28, the House passed en bloc sl number of Ordinances promulgated by the Council prior to the meeting of the first Protectoral Parliament. Among the measures thus hastily pushed through was the Union Ordinance of April 12, 1654?, the Ordinance of Pardon and Grace, and that for the erection of Courts Baron.^ The Ordinance, or, as it now had become, the Act of Union, hardly provoked a word of debate. It came up late in the afternoon, and called forth seemingly only a few remarks in the interests of the Newcastle salt industry.^ So, more than five years after the Declaration of March 25, 1652, the Union of the two countries at length rested upon the basis of Parliamentary sanction. Hardly was the Union completed than the constitution of the now conjoint kingdoms was itself modified. Upon June 26, 1657, Cromwell Avas ceremoniously re-installed as Lord ^ On January 19 the House resolved to take the Union Bill in Committee on January 23. There is no reference to it in the Journals upon that date, and until April 28, 1657. Cf. Burton, Parliamentary Diary ^ vol. i, p. 353. 2 A Narrative of the Late Parliament, printed in the Harleian Miscellany, (vol. iii. p. 443) gives a list of the Scottish members who were in favour of Cromwell's acceptance of the royal title. They were Lord Cochrane (Ayr and Renfrew), Sir Alexander Wedderburn (Montrose and associated Burghs), Andrew Ramsay (Edinburgh), Sir John Wemyss (Fife and Kinross), the Earl of Tweeddale (East Lothian), Alexander Douglas (Banffshire), Robert Wolseley (Dornoch and associated Burghs), George Lockhart (Lanark and associated Burghs), Godfrey Rhodes (Linlithgow, Stirling, and Clackmannan), Colonel Henry Markham (Linlithgow and associated Burghs), Lord Broghill (Edin- burgh). The list also mentions ' Mr. Lockhart 'and ' Mr. Barclay.' Their titles are given in Commons' /onrnals, vol. vii. p. 524. Burton's account of the debate {Parliafnentary Diary, vol. ii. p. 46) displays the existence of opposition to what one speaker called ' confirming laws in this blind way by the lump.' ■* Burton, Parliamentary Diary, vol. ii. p. 57. INTRODUCTION Ixxv Protector in Westminster Hall.^ On the following July 15 he was formally proclaimed at Edinburgh in the presence of the Marquis of Argyll, the Earl of Caithness,^ and Monck. The customary official demonstrations were observed. ' All takines of joy wer exprest thairat, by sounding of trumpettis, and roring of cannounes at Edinburgh, Cannongaitt, and Leith; 3 The new constitution * did not materially affect the Union settlement. Section ix. of the Humble Petition and Advice required the confirmation by Parliament of the appointment of the Scottish commander-in-chief, judges, and executive. Section jv. provided that the number of persons to be elected to serve in Parliament for England, Scotland, and Ireland should be according to such proportions as should be agreed upon and declared in the present Parliament.^ But in two directions the new constitution modified Scot- land's position as defined by the Act of Union. In the first place, she was called upon to contribute a small proportion of members to the House of Peers, which was summoned to meet upon January 20, 1658. To Scotland were assigned four seats, a number roughly proportional to her representation in the Commons. Monck, the Earl of Cassillis, Sir William Lockhart of Lee, and Johnston of Warriston were nomi- nated.^ Monck refused a seat on the plea already advanced ^ Hansard's Parliamentary History ^ vol. iii. p. 1514. He married, on September 22 of this year, Argyll's third daughter, Mary. ^ Nicoll, Diaty, p. 200. Cf. Thurloe, State Papers^ vol. vi. p. 402. A letter from Edinburgh on the day of the proclamation (Firth, Scotland and the Protectorate^ p. 362) remarks : ' There was the day before 25 or 30 Lords in towne, some of which staid in towne and did nott come [to the proclamation], as [David] Earl of Wemyss, Lord [Alexander Viscount] Kingston, etc., and the rest went out of towne because they would nott bee present, though such noble- men as were in towne were invited, and of 5 or 6000 Scottsmen that were present nott one Scotchman open'd his mouth to say God blesse my Lord Pro- tector, butt the souldiers gave severall acclamations or shouts.' Vide Hansards Parliamentary History, vol. iii. pp. 1502 et seq. ^ This condition was not fulfilled. Hence arose considerable debate upon Scotland's representation in the Parliament of 1657. ^ Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 788. Ixxvi THE CROMWELLIAN UNION by him against his election in 1656, namely that he could not be spared from Scotland.^ The other three members also do not appear to have taken their seats.^ Secondly, Section iv. of the new constitution introduced a somewhat comprehensive disfranchising clause. It provided, ' That for Scotland none be capable to elect, or be elected to sit or serve in parliament, who have been in arms against the parliament of England, or against the parliament in Scotland before the 1st of April 1648 (except such as have since borne arms in the service of the parliament of England or your highness, or given other signal testimony of their good affec- tion), nor any that, since the said 1st of April 1648, have been in arms, or otherwise aided, abetted, advised, or assisted in any war against the parliament of England or your highness, except such as since the 1st of March 1651 [1652], old style, have lived peaceably, and thereby given testimony of their good affection to the parliament and your highness.' ^ The proposal was virtually to disfranchise all those in Scotland who had struck a blow for the Monarchy and opposed the Commonwealth since the Engagement and Second Civil War. It had roused some debate and an attempt on the part of certain of the Scottish members to moderate its terras. Their efforts failed, and on April 23, 1657,^ it was resolved to dis- franchise those Scottish persons who had invaded England in 1648, unless they had since shown 'signal testimony of their * Cf. Mr. Firth's article on Monck in the Diet. Nat. Biog. - Owing to the dissolution of Parliament on February 4, 1658, * the Scottis Commissioneris quho wer reddy to pas to Lundoun as memberis of that Parlia- ment wer stayed from thair upgoing.' — Nicoll, Diary, p. 211. This probably refers also to the members of the lower House, who no doubt had returned to Scotland after the adjournment of Parliament on June 26, 1657. For notes on the Scottish members of Cromwell's House of Lords, cf. Noble, Protectoral House of Cromzve/l, vol. i. pp. 376, 389, 414, 415. '■^ Minutes of the debate are in Burton, Parliamentary Diaty^ vol. ii. p. 10. ^ Cf. the terms of the Ordinance of Pardon and Grace of April 12, 1654, in Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 818. INTRODUCTION Ixxvii good affection ' towards the Commonwealth. The words ' signal testimony,' however, called for some definition, and it was referred to a Committee to offer some conclusion to the House on the matter. On the following June 15 the matter came up again on the second reading of the Humble Petition and Advice. Its disfranchising clause still failed to satisfy the Scottish members. ' You ought to sweeten that nation as much as you can,' said Colonel Stewart, ' so you do not admit your enemies. You have admitted them to union and to sit in Parliament ; and if you give a privilege with one hand and take it away with another it wiW discourage that people.' ' To put a character upon one part of that nation more than another will not be for your service,' urged Sir James Macdowall : ' if you please, exclude all that treated with Charles Stewart to bring him over or to assist him at Worcester.' ^ Neither the one proposal nor the other carried the House. The clause was recommitted, and appeared in the text of the Humble Petition and Advice in its original stringent form. The dissolution of Cromwell's last Parliament on February 4, 1658, and Cromwell's death in the following September, left Scotland's Parliamentary position under the new constitu- tion still undetermined. The Humble Petition and Advice had provided that the proportion of representatives to be allotted to Scotland should be settled before the dissolution. That subject, however, had not been resolved. Nevertheless, for the forthcoming Parliament the Council on December 14 ordered the despatch to Scotland of thirty writs, as in the last Parliament, and for three writs of summons, addressed to Monck, the Earl of Cassillis, and Warriston.^ Richard Crom- well had already been proclaimed in Edinburgh on September ^ The minutes of the debate are in Burton, Parliamentajy Diary, vol. ii. p. 249. ^ Cal, State Papers., Dom., 1658-59, p. 225. Ixxviii THE CROMWELLIAN UNION 10,^ and four days later (September 14) the new Protector by proclamation confirmed and continued the existing execu- tive in Scotland in their offices.^ On January 27, 1659, his Parliament met. To it — the last in which Scotland Mas represented until the Union of 1707 — the following Scottish members were sent : ^ — Aberdeen, Fife and Kinross, Perth, . Inverness, Linlithgow, Stirling, mannan, Shires. Marquis of Argyll.^ Sir Alexander Gibson.'' Sir Edward Rhodes. Colonel Thomas Fitch. *^ ck-) > Colonel Adrian Scrope.'' 1 The Mercat Cross was ' richlie hung with tapestrie and with all takines of joy.' — Nicoll, Diary, p. 2i6. Cf. a letter describing the ceremony in Firth, Scotland and the Protectorate, p. 384. - Yl\Q.o\\y Diary , p. 218. 2 Lists of the Parliament are in Acts of the Parlt. of Scot., vol. vi. pt. ii. p. 784; Hansard's Parliamentary Histofy, vol. iii. p. 1530; Burton, Parlia- vientary Diary, vol. iv. p. 487; Nicoll, Diary, p. 220. Seven Shires and Dornoch and its associated Burghs were unrepresented. ^ He went up to London in March 1659. — Nicoll, Diary, p. 226. Monck writes to Thurloe on December 30, 1658 : ' My lord keeper and myself have done our best to get those men chosen you have wrote for : but my lord of Argyll and some others, whome my lord keeper will acquaint you with, have endea- voured all they can to gett all Scotchmen chosen. But I doubt not but there will bee three chosen of those five you sent the names of ; and I have taken care that as many as come out of this country shall bee there with the first : and if the writs come in time, which I hope they will, they shall bee all sent to Dr. Clarges. The marquesse of Argyle him self indeavours to bee chosen, not- withstanding hee is sheriff of Argyleshire, neither doe I guess he will doe his highness's interest any good.' — Thurloe, State Papers, vol. vii. p. 584. The Council had resisted Argyll's endeavour to secure his election to the Parliament of 1656. — Thurloe, vol. v. p. 295. ^ One of the Depudes in 1652 to confer with the Parliamentary Committee upon the Union. He was elected at Cupar on December 31, 1658 ; left Durie for London on January 20, 1659, and returned the following May 21. — Lamont, Diary, p. 139. Though Parliament met on January 27, 1659, the official return of Fitch's election had not reached Edinburgh on the following February 15. — Thurloe, vol. vii. p. 613. " One of the Council of State of Scotland. INTRODUCTION Ixxix Dumbarton, Argyll, Bute, Lanark, . Midlothian, Selkirk and Peebles, Berwick (Merse), Roxburgh, Wigtown, East Lothian, Dr. William Stayne.^ Colonel George Lockhart.' Samuel Desborough.^ Archibald Murray.* John Swinton, of Swinton. Sir Andrew Ker.^ Sir James Macdowall. John Earl of Tweeddale. Burghs. Edinburgh, Banff, Cullen, Aberdeen, Linlithgow, Queensferry, Perth, Culross, Stirling, St. Andrews, Dysart, Kirkcaldy, Cupar, Anstruther E. and W., Pittenweem, Dunfermline, Kinghorn, Inverkeithing, Kil- renny, Burntisland, . Lanark, Glasgow, Rutherglen, Rothesay, Renfrew, Ayr, Irvine, Dumbarton, . John Thompson. 6 Dr. Thomas Clarges. Thomas Waller.'^ Colonel Nathaniel Whetham. Captain John Lockhart. ^ His name appears in other forms. He was an eastern county man, an old friend of Cromwell, and sometime commissary-general of the musters in the New Model (Peacock, Artiiy Lists ^ p. icq). He was chosen also for Thet- ford, and on March i, 1659, elected to sit for that constituency. — Commons' Journals^ ibid. ^ Of Braidwood; advocate to Oliver Cromwell ; knighted 1663; Lord Pre- sident of the Court of Session, 1686. He was the father of George Lockhart, the Jacobite author of the Memoirs. 3 Chancellor and Keeper of the Great Seal of Scotland. * Of Blackbarony (Foster, Members of Parliament^ p. 263). The Council intended this constituency for Judge- Advocate Whalley. On February 17, 1659, Monck writes to Thurloe] (5^a/^ Papers^ vol. vii. p. 616): * As for judge advocate Whalley to be chosen for Peblis and Selkirke, there is a Scotch gentleman chosen ; butt the country will not give him soe much monie as he expects ; and so he is not like to goe ; but if hee should not goe uppe [to London], and that they should chuse another, which they cannot doe without another writ, I doe not doubt to gett him chosen.' 5 Of Greenhead ; second baronet. Auditor-General. Monck writes to Thurloe {State Papers ^ vol. vii. p. 613) on February 15, 1659, from Dalkeith, that Major Knight had been elected 'here.' He was possibly Edinburgh's second member. His name appears in the debate of March 10, 1659, in Burton's Parliamentary Diary^ vol. iv. p. 116. ' Of Bentley, Yorks., and Gray's Inn. — Foster, p. 350. Ixxx THE CROMWELLIAN UNION Dumfries, Sanquhar, Annan,> Lochmaben, Wigtown, Kirk- 1 cudbright, Whithorn, New[ Major Jeremiah Tolhurst. Galloway, . . .J Peebles, Selkirk, Jedburgh,'! Lauder, North Berwick, Dun- V Dr. Thomas Clarges.^ bar, Haddington, . J Forfar, Dundee, Arbroath, Mon-) ^ , , o T> 1 . ■ Laurence Oxburffh.^ trose, Breclim, . .1 ° In the House of Lords Scotland was represented by those who had been nominated for the Parliament of 1656, namely, the Earl of Cassillis, Sir William Lockhart of Lee, and Warriston.^ Richard's Parliament met at Westminster on January 27, 1659. In outward seeming the Union was not less firm than in 01iver''s time. Fiennes, the Lord Commissioner, addressing the House on the opening day, compared it to ' a strong treble cord twisted together, which cannot be easily broken.' * For all that, the Scottish members were there on sufferance. The House was resolved not only to discuss the Constitution of 1657 under which it met, but also to exercise the right, which that Constitution had conferred, of determining the amount of representation to be allotted to Scotland, before the pre- sence of Scottish members in the House could be allowed to pass unchallenged. That strong opposition would be offered to their appearance there was observed on the opening day of the Session. 'I am afraid,' wrote one who was present,^ ' I shall send you worde that their elections will bee all ques- ^ He was also elected for Banff, Cullen, and Aberdeen. There is no record as to which seat he resigned. 2 Alias He war or Oxborow, of Emneth, Norfolk.— Foster, p. 280. He was elected also for Aldborough. 3 * Those of the House of Commons were for the most part judicious and understanding men ; but the Peers for the most were temporisers,' writes Row, Lt/g of Robert Blair, p. 336. Cf. Nicoll, Diary, p. 220. * Burton, Farliafjieutary History^ vol. iii. p. 3. ^ Clarke Papers, vol. iii. p. 1 76. INTRODUCTION Ixxxi tioned ; for att this dayes meeting, where 340 were sworne in the House of Commons, I finde an indisposition towards them, and that to-morrow they will bee putt hard to itt to make them incapable of sitting. Itt is a Commonwealthes interest doth oppose them.^ There will bee two to one for confirming of the present settlement by a Protector and two Houses, against a standing Commonwealth Councill (for standing pooles doe corrupt), yett as to the qualificacion of the other House, and whether the wordes of the Act warrant the Scotts members sitting, [these] will take debate ; I beleivc there will bee a considerable party for Scotts Members to sitt, but nott for the Irish." On January 31, 1659, when the new House was called over, the Scottish members escaped a formal challenge.- On the following day (February 1), however, upon the introduction of a Bill of Recognition of the constitution defined in the Humble Petition and Advice, the matter was raised by Thomas Scot, one of the members for Wycombe.^ He would have the right of the Scottish representatives to be present confirmed by a new Act. Such was largely the view of the party opposed to the Protectoral Court,* who welcomed the opportunity to protest against the authority which had usurped a right vested in Parliament by the Humble Petition and Advice. That the Scottish members were to a large extent the nominees of the Court added to the energy with which their position in the House was assailed. On February 18, their presence was again challenged. ' Sixty persons sit ^ Ludlow {Alemoirs, vol. ii. p. 57) advances the following reasons against the right of the Scottish members to take their seats : — i. ' That there was no colour by the antient law of the land for their sitting as members of the Parliament of England, having always been a distinct Kingdom from it. 2. That there has been no distribution of powers to elect, as was required by the Humble Petition and Advice.' - Burton has a short entry, ' Calling the House, and something concerning the Scotch members.' — Parliatnentary Diary ^ vol. iii. p. 17. 2 Vide the debate in Burton, rarliamentary Dia?y, vol. iii. p. 28. ^ Ibid. vol. iii. p. 32. / Ixxxii THE CROMWELLIAN UNION amongst you," said a Welsh Member,^ including the Irish members in his protest, 'that have no vote in your legis- lature. Any sixty persons that walk in Westminster Hall may as well sit/ - On March 8, their exclusion was formally moved by Colonel Henry IMildmay, member for ^Maiden. ' I move/ he said,^ ' that the Scotch and Irish members be dis- missed till they sit upon a foot of law. It is the most serious business that ever was — our lives and liberties. The cry of all people without doors is upon us.' ' We know not," he added, ' whether they understand our debate. If they be Scotch or Irish, we know not that they understand any thing but yea or no. We have heard none of them speak. It is prudence in some not to speak." ^ On the following day (]\Iarch 9) the attack was resumed. One speaker bluntly phrased the prin- ciple which underlay it. * If the Chief Magistrate may arbitrarily and absolutely call whom he pleases, he may call what number and from what place he pleases." 'It is the Pope's policy,' he continued, his mind upon the Court's nursing of Scottish constituencies, ' to have as many Bishops in Italy as in any other place, to carry on his interest."^ Another member revealed a further motive for disqualifying the Scottish and Irish representatives.^ ' Whenever writs went to those places,' he warned the House, ' it was only to consult of things concerning that nation, and no otherwise. Shall we make our- selves slaves by the votes of those that have no right to sit Avith us ? There was never any order of the House in this case. This is prima:: impressionis. A number of persons — 1 Robert Weaver, AT. P. for Radnor. 2 Burton, Parliamentary Diary, vol. iii. p. 346. 3 Ibid. vol. iv. p. 87. * Bethel (quoted in Burton, vol. iv. p. 89) explains that the motion was made in protest against the tactics of the Court party, which desired to secure a vote in the Commons to sanction the transaction of business with the Lords before the constitution of the latter body had been discussed. ^ Burton, Parliamentary Diary, vol. iv. p. 99. ^ Ibid. vol. iv. p. loi. INTRODUCTION Ixxxiii sixty — sit amongst us, that have no right. Six or seven carry a cause now. It concerns us to look about us." ' A greater imposition,' said Sir Harry Vane,^ ' never was [placed] by a single person 2 upon a Parliament, to put sixty votes upon you. By this means it shall be brought upon you insensibly, to vote by Scotch and Irish members to enforce all your votes hereafter.' On March 10, when the debate was resumed. Dr. Clarges replied to the attacks upon his and his colleagues' position.^ He reviewed the whole question since 1652. The Union, he pointed out, had received Parliamentary ratification on two occasions — once in the Declaration of March 25, 1652, and again in the Ordinance of April 12, 1654, confirmed by the late Parliament. Further, to regard the Scottish and Irish members as alone having defective titles was illogical. For the Humble Petition and Advice had been no more definite upon the number and distribution of English than of Irish and Scottish members. Nor, seeing that the Protector was Lord Protector of England, Scotland and Ireland, was it com- petent for him to summon the representatives of one part and to exclude those of the others. He was followed by another Scottish member. Major Knight, who urged that the right of himself and his colleagues to sit should be put to the vote. As to withdrawing pending the House's decision, he refused to move until the House commanded him.* Sir William Wheeler spoke to the same effect as Dr. Clarges.^ On the following days the debate continued its slow course. On March 11, Mr. Thomas Gewen, M.P. for Launceston, urged the extreme English view.*^ 'I honour the Scotch ^ Burton, vol. iv. p. 105. i.e. King or Protector. ^ Burton, vol. iv. p. 112. ^ Ibid. vol. iv. p. 116. ^ Ibid. vol. iv. p. 117. He is described by Burton as 'for Scotland.' His name does not appear in any list of M.P.'s. Probably he was Edinburgh's second member [supra, p. Ixxix.) or had been elected in the place of some member who had been chosen for more than one constituency. Burton, vol. iv. p. 130. Ixxxiv THE CROM^TOLLIAN UNION nation," he said. *but find no law, justice, nor right reason whv thev should sit here. The argument for convenieucv is no more to me than that for our fathers' polvgamv, i-itiii}?i tempor'is Jion vitium hom'ims. They were united to us when we were a Commonwealth. I doubt now that that Common- wealth is gone it ceases to be an Union. It is not for the honour of the English nation to have foreigners to come and have a power in the legislature. They are but provinces, at best. In justice you ought not to admit any other to have an equal power with vour own nation. I remember what an inconveniency it was to have so many bishops : so many votes for the king ; so many votes to comply with the Chief ^lagis- trate, Res loquitur.^ The suggestion that the Scottish and Irish members were but Government placemen called up Dr. Dudley Loftus, ^I.P. for Kildare and Wicklow. To contend that the representatives of those nations voted merely ad juduj?i Protector IS. as the Bishops formerly had ad nutum Regis^ was, he said, a high reflection. He vainly demanded an apology.^ A later speaker outdid his predecessors in vivid imagery. The Scottish members he declared to be 'a wooden leg tied to a natural body.* - The debate became more and more confused and acrimonious. It was already dusk, writes Burton, 'divers stood up to speak. Some moved for candles; others to adjourn. There was a great noise and horrid con- fusion.' At the late hour of seven o'clock the House adjourned.^ On the following day (March 12) the debate was continued. It followed for the most part familiar lines of argument. One member, however, put the case against the Scottish members in a somewhat different wa}'. Granted that under the Act of Union confirmed bv the late Parliament Scotland had the rif!:ht to send thirty members, yet in the absence of the redistribution ^ Burton, vol. iv. p. 131. . ^ Ibid. vol. iv. p. 136. ' Ibid. vol. iv. p. 138. INTRODUCTION Ixxxv scheme promised by that Parliament, there was ' no law for Edinburgh to send two. If you should grant the city of London to send four members, can they agree, so many wards to send so many, and such wards so many ? They cannot. No more can Scotland distribute.' ^ On March 17, in order to bring the matter to some conclusion, the form of the writs of summons issued to Scotland for the Parliaments of 1654, 1656, and 1659 were read on the motion of Sir Harry Vane. The writ for Ross-shire ran, 'For our Parliament at Westminster in England, for choosing one knight ' ; and the clause ' according to the form of the statutes in that case made and provided,' which appeared upon the English writs, was omitted. Hence Ludlow urged, ' The Scotch are here by an arbitrary power, but by no law.' ^ On March 18 the House at length voted upon the question, whether the Scottish members should withdraw pending a resolution upon their right to sit. On the Court and Govern- ment side the significance of the whole question was in no danger of being under-emphasised. Nothing less than the Union itself was jeopardied. 'You have two nations in one continent,' said one speaker.^ 'If you are united you cannot so easily be conquered. ... If you shake them off, will not France be glad to unite with them, and restore them to their ancient privileges, which were very great ? If you do de novo treat with them, you must treat with them as a conquered nation. AVill not this look like betraying them ? Never lose the reputation of the English nation, which has never been yet tainted. . . . You are very insignificant without them. What could England do before you were united ? When they Avere a spear in your side, you could not stir any way but they were ^ Burton, vol. iv. p. 146. The Ordinance for the distribution of elections in Scotland (June 27, 1654) was not among those confirmed by Parliament on April 28, 1657, though the Ordinance for uniting the two countries was confirmed on that date. 2 Ibid. vol. iv. p. 172. 3 Ibid. vol. iv. p. 177. Ixxxvi THE CROM^\^LLIAN UNION in upon you. If you exclude them you can have no return this Parliament of members from thence. Your army are in arrears. You cannot lay taxes on them without them. All the burthen ^nll lie upon England.' Vane summed up the case on the other side.^ 'It is to be confessed," he admitted, ' the Union was perfected in the time of the last Parliament. It only wanted the last hand, which should have changed the constitution of Parliament. There was no foundation in law^ in the Long Parliament to receive them from Scotland or Ireland till we had settled our own constitution. The Committee that came from Scotland [in 1652] did not sit here, but only treated with your Committee. You must vary your own constitution, as well to make you fit to receive them, as for them to come, and therefore I moved [on March 17] that the wTits be read. It was the true meaning of the Petition and Advice to distribute it so, by reducing their own number, to give place to Scotland and Ireland. This the Long Parliament were about to do, to reduce them- selves from five hundred to four hundred. This was not done that Parliament. . . . But this was done, by the providence of God, by the Instrument of Government, a new constitution, which reduced our o\ni constitution suitable to that for Scot- land and Ireland, and accordingly the Parliaments in 54 and 56 sat. This was reserved to be done [again] by the Petition and Advice, but prevented also by the providence of God. It was left to no person to declare it, but singly as that Parliament should declare. That was left unperfected. ... I assert two things [therefore], which I would gladly have answered : — ' 1 . That those gentlemen that are chosen from those shires or boroughs [of Scotland and Ireland] have no right to sit as members of the representative of England, either by statute, common-law, or agreement. ' 2. That there is no possibility of receiving them till you Burton, vol. iv. p. 179. INTRODUCTION Ixxxvii agree, by Act of Parliament, on the distribution and other things. To say the Chief Magistrate may do it is expressly against the Petition and Advice. He cannot do it, it being neither in law, state, nor in the Commission.' For the moment the question of right was waived, but the opinion of the majority of the House was indicated by the rejec- tion of the motion that the Scottish members should withdraw.^ Between the Government or Court party and the Opposition or Commonwealth party the issue raised was of deep import. The former were bound to maintain the absolute right of the Scottish members to take their seats, since the validity of the authority which had called them thither was closely involved. Among the opponents of the Scottish members it is significant that not a single word was raised against the continuance of the Union itself.^ The merits of that Act were indeed not in question. No international issues were involved, but rather that unending conflict between the functions of the Single Person and the Representative which even the downfall of the Monarchy had been powerless to resolve. On March 19, 1659, the debate was continued, but without result.^ The Commonwealth or Opposition party desired that the right of the Scottish representatives might be tested. The Court party preferred that the question of right should be waived, and their presence in the House allowed ' upon a ^ Burton, vol. iv, p. 193. A newsletter of March 19, 1659 (in Clarke Papers^ vol. iii. p. 185), describes the debate of the previous day: 'Yesterday in the afternoon their was a question putt upon their withdrawing befor the maine question of their right of sitting was put, and that being put at 8 of the clock at night, it was carryed in the negative (that they should not withdraw) ; and this was carryed by 60 voices, the Scottish and Irish included. There was about 140 for their not withdrawing.' Ludlow {Memoirs^ vol. ii. p. 58) mentions John Swinton as the only Scottish member who consented to withdraw. For Swinton's action, cf. Burton, vol. iv. pp. 187, 219. 2 The matter seems to have been raised, however. On March 31, 1659, a newsletter remarks, ' Something has been said [in the House] that there should be Parliaments again in Ireland and Scotland, but I hope there are not many will yeeld to that.' — Clarke Papers, vol. iii. p. 186. ^ It is reported in Burton, vol. iv. p. 193. Ixxxviii THE CROMWELLIAN UNION question of prudence,' and to be confirmed and legalised by a new Act of Parliament.^ The debate was adjourned until March 21, and again filled the greater part of that day's sitting. ' I perceive,' said a member late in the afternoon, ' the House grows very empty ; so do our bellies.'^ It was at length moved that the question be put, and the motion was carried by two hundred and eleven to one hundred and twenty votes. On the main question, framed on the lines the Court party desired, ' that the members returned for Scotland shall continue to sit this present Parliament,' the Opposition did not press a division.^ But the privilege thus accorded to the Scottish members was of short duration. On April 22 the House was dissolved, leaving the legality of Scotland's representation under the Humble Petition and Advice undetermined.* Half a century was to elapse before Scottish members were again to find their way to Westminster. The restoration of the Long Parliament on May 7, 1659, implied the cancelling of all proceedings in regard to the Union which had taken place since its dissolution in April 1653. Upon the arms and seal of the restored Commonwealth Scot- land was not represented.^ The Union had lapsed, but had ^ ' The Commonwealth's men (so called) are, that the question may be upon their [the Scottish members] right and legality [to sit], and their opponents (the Scots' best freinds) are for their continuance upon a question of prudence, and would fortify it afterwards by Act of Parliament. — Clarke Papers^ vol. iii. p. 185. ^ Burton, vol. iv. p. 215. ^ Ibid. vol. iv. p. 219. ^ Bethel {B7-ief Narrative, pp. 348, 350, quoted in Burton, vol. iv. p. 220) animadverts upon the conduct of the Court party in waiving the question of right : ' The courtiers, after they found the want of law, made prudence their refuge, arguing that for the obliging the Scotch and Irish nations their members ought to be admitted. To which was answered, that nothing could be more provoking to those two nations than fraudulently to give them the name of having members in Parliament, when, in truth, by their late elections they had few or none, most of them being chosen at Whitehall, whereof some had even never been nearer Scotland than Gray's- Inn. Yet the question was at last brought barely on, whether the Scotch and Irish members should sit or not ; and by the help of their own votes (who were, contrary to common justice and right reason, suffered to vote in their own case), it was carried in the affirmative, that they should sit in Parliament.' ^ Cf. Commons^ Journals, vol. vii. p. 654, INTRODUCTION Ixxxix not expired.^ On May 18 the House referred it to the Council of State to prepare a Bill for the Union of England and Scot- land upon the grounds already declared in its Declaration of March 25, 1652.'^ It was in fact resolved to deal with the matter de novo. Of the transactions between the years 1652 and 1659 the House was officially unconscious. To Scotland the carrying back of the matter to the early days of negotiation could but be grateful. Among the Scot- tish members of the Parliament lately dissolved were John Swinton and Sir Alexander Gibson of Durie,^ who had been among the Deputies from Scotland in 1652. On May 24, 1659, they and others presented to the House the following ' Humble Address of such of the Deputies as did in the year 1652 consent to the uniting of Scotland in one Commonwealth with England, as here upon the place ' : ^ ^The good providence of God haifing put ane oportunitie in your hand for the setling of Scotland, yow haiffing laid the founda- tioun sum yearis ago, and the honour of perfyting of it reserved for yow, upone the basis of such ane neir Unioun as may for evir prevent the unhapy breachis betuix these nationes, dangerous and destructive to both, quhich can be by no uther meanis avoydit ; in ordour to so guid and great a work, we, being heir upone the place, judge it incumbent to ws humblie to offer: That the con- sideratioun of the Unioun be resumed, prosequuted, and perfyted in persewance of the Declaratiouns of Parliament in the yeir l651 and l652, quhairby the pepill of that natioun may be secured in thair liberty, sa fer as may consist with the peace and guid of the ^ With the dissoUition of ParHament and the subsequent removal of Richard Cromwell, the English executive in Scotland fell into chaos. Cf. Life of Robert Blair, p. 338; Firth, Scotland and the Protectorate, p. 391. On May 19 the Council of State recommended the House to confirm in their offices all who were exercising civil or judicial control in Scotland on May 6. Cf. Commons'' Journals, vol. vii. p. 659. 2 Comjfions' Journals, vol. vii. p. 658. Whitelock, who had in 1652 been Chairman of the Committee in conference with the Scottish Deputies, was specially charged to aid the Council. Cf. his Meviorialls, vol. iv. p. 348. ^ NicoU {Diary, p. 242) says the following petition was that of Swinton, Gibson, and others. Gibson had already left London on or before May 21. — Lamont, Diary, p. 139. 4 Nicoll, Diary, p. 242. THE CROMWELLIAN UNION wholl Commounwealth. And quhill the Unioun be perfytit^ quhich is the fundatioun of the satlement of that natioun, it is humbUe offerit^ that ony particular ordour (though bot temporary) for reveving of courtes of justice or ony pairt of the civlll governa- ment thair^ farder than is necessarie for preservatioun of the peace and management of the revenues, will be attendit with many inconvenientis. That gif any thing or deid to be done on the pairt of the pepill of Scotland for consuraating the Unioun foirsaid as to the former substance thairof, that the Parliament wold pleas ather to ordour these Deputeis who wer impowered by the schyres and barones of Scotland for that effect, and did attend the Parlia- ment in the yeir l653 until thai wer interruptit [on April 19, 1653], to repair agane to the discharge of thair trust; or uther- wayis to put it in ony uther way as thai in thair wisdomes sail judge moist speedy and effectuall.' The House remitted the petition to the Council of State,^ and on June 13, 1659, Whitelock reported ^ 'That upon Con- ference with some Deputies that came from Scotland, and Perusal of the former Orders and Proceedings that have been in Parliament in reference to the Union with Scotland, they [the Committee of Council] find that there were Commissioners sent into Scotland in 1651, and a Declaration of the Parlia- ment inviting the People of that Nation to an Union, which was accepted by most of the Shires and Boroughs in Scotland : And thereupon another Declaration was made for sending up Deputies from thence, in order to the Perfecting thereof: And in pursuance thereof, there was an Act prepared ; which was twice read in the House, and Committed.'^ The Com- mittee recommended that that Bill should again be taken in hand, and the House ordered that it ^ should be brought in next morning. It was not, however, until July 27 that Vane reported from the Council of State 'A Bill of Union of Scot- land with England/ It passed the first reading on that date, ^ Co7nnions'' Journals, vol. vii. p. 664. ^ Ibid. vol. vii. p. 681. On April 13, 1652. ^ The order adds, 'now remaining with them.' INTRODUCTION xci and on July 30 it was read a second time and committed.^ Throughout August, September, and October, it remained in Committee.^ Its slow progress was due, seemingly, to the fact that while it remained in Committee the burning question of toleration, which had so deeply exercised the mind of Scotland in the Bill of 1652, was once more raised. On July 27 Colonel Cobbett had laid before the House a petition on the part of ' some well-affected Persons in Edenburgh and other Places near adjacent in Scotland.'^ The petitioners were anxious lest the new Act of Union should fail to safeguard them in their religious liberty and freedom from interference at the hands of the Kirk.* They petitioned the House, therefore, ' that you will take care to provide for our just liberties, that we may share of those Gospel priviledges that the truly godly in England contend for, and expect to be secured in by you ; ^ Commons' Journals, vol. vii. pp. 736, 740, Unfortunately it is not possible to say what this Bill was. On June 25 the House had ordered a new Bill of Union to be drafted {Commons' Journals, vol. vii. p. 693). Presumably the Council of State deemed it necessary to modify the Barebones Parliament's Bill. On July 19 the Council of State had two Bills of Union before it. — Cal. State Papers, Dom., 1659-60, p. 35. A newsletter from London, dated July 18, 1659 {Clarke Papers, vol. iv. p. 24), remarks : ' The matter of union seemes now to bee in a way to receive an issue ; itt is hoped itt will passe speedily. . . . Itt is thought when the union is setled commissioners will bee speedily sent downe for setling the Courts and other affaires in Scotland.' 2 The House sat in Committee on the Bill on August 2, 6, 10, 13, 19, 26, September 2, 9, 16, 30, October 7. On August 22 the House approved of a new seal for the use of the Speaker. It bore the arms of Scotland as well as those of England and Ireland. On October 5 the House approved of the form of a great seal for Scotland. Cf. ComDions' Journals. Of these debates Nicoll [Diary, p. 250) remarks : ' At this tyme, also, the Parliamentaris at Lundoun differit in thair judgementis and opiniounes, and maid lytill progres in the Unioun of thir twa nationes of England and Scotland.' The Union Bill was expected to pass in August. Cf. Cal. State Papers, Do?n., 1659- 1660, pp. 120, 148 ; Clarke Papers, vol. iv. pp. 37, 38, 43. ^ Commons' Journals, vol. vii. p. 736. ^ ' The authors of the petition,' says Mr. Firth {Clarke Papers, vol. iv. p. 51), were without doubt the " gathered Churches," i.e. the Independent congrega- tions which had sprung up in Scotland during its government by the English (see Scotland and the Commonwealth, pp. xxxix-xli). Though few in number, they were strong supporters of the English Government.' xcii THE CROMWELLIAN UNION and that any law or Act of Parliament of this nation contrary thereunto may be abolished, either by some proviso to that effect to be inserted in the Act of Union, or by some other expedient way as you shall think fit.'^ But in satisfying its petitioners the House found itself involved with the opposite or Presbyterian interest. In Committee, on August 26, says a newsletter, ' the clause or provisoe of liberty for tender con- sciences has occasioned some debate about the wording of itt, there being contrary parties engaged in it.^^ From one of the ' contrary party ^ there came a lengthy protest against the proposed clause.^ It was, he declared, unnecessary, since there was little danger of congregations such as those the petitioners of July 27 represented being molested in their worship. Since Worcester fight, he averred, ecclesiastical censures had been infrequent, ' Quakers and others for gross erroures and practices onely excepted.' At the same time, he asked, ' what Church, whether Independent or Annabaptist, but doth clame liberty from the word of God to censer all who were members of their Church for scandalouse offences in doctrine or life ? and may not they in Scotland accompt it a slavory, and noe liberty, to bee denyed the like ? ' He condemned the clause also upon the ground that it would ' unquestionably disunite and dis- content the godly, the ministry, the incorporations, and body of Scotland,"* and that though the Act of Union was founded upon the assents of the Shires and Burghs in 1652, 'nothing of this kinde was ever demaunded of, or consented to by them.' He pointed out that the position of Scotland differed from that of England in this matter. Whereas in Scotland ' there is a setled constitute Church in doctrines, worship, and ^ Mercurius Folilicus, July 21-28, 1659, quoted in Clarke Papers, vol. iv. p. 51. 2 Clarke Papers, vol. iv. p. 49. The writer adds : ' There is a clause under consideracion as one, that rebellion in Scotland shall render the union null, another for naturalization, a third that treason shall bee adjudged according to the English lawes.' ^ It is printed at length in Clarke Papers, vol. iv. pp. 50-55. INTRODUCTION xciii disciplin,' England was 'yet unsetled, and wherein soe many godly men are of soe different opinions and waies, necessi- tateing a larger tolleracion there then in Scotland, where the prophane and malignant, who for the most part would bee loose of all discipline and restraint, are these that make most use of tolleration there.' Further, he objected that the clause ' doth want severall restrictions mentioned in the 10th and 11th articles of the very Petition and Advise,' and in conse- quence ' not onely proteckteth but incurrageth Antrinitarians, Antiscripturists, Antesabatharians.' The proposed clause, in fact, was wholly contrary to the implied conditions under which Scotland had accepted the Tender in 1652, and of the several Acts, then in force, which appeared to safeguard the right of her Church to correct errors within her own body. On these grounds he urged ' that noe clause bee put in the bill of union to take away any of the lawes established in Scotland con- cerning theire religion untill first that nation bee present by their representatives in Parliament, and heard concerneing the same.' No solution of the vexed question was arrived at, however; for the Bill of Union, like its predecessor in the Barebones Parliament, never reached its third reading. On October 13 the House was dissolved by the same authority as that which had restored it five months before. The champion of the Parliament and of civil liberty was found in Scotland. A fortnight after Lambert's coup d'^etat, Monck took the first step necessary to secure Scotland in his rear before commencing his momentous march upon London. On October 27 he issued a summons to the Shires and Burghs to send their representatives to meet him at Edinburgh on November 15, having ' ane especiall occasione to speik with them about some efFairis that concerne the countrye at this tyme.'^ They met on the appointed date in the Parliament House at Edinburgh. Having elected the Earl of Glencairn ^ Annals of Banff, vol. i. p. 141, quoted in Clarke Papers, vol. iv. p. 113. xciv THE CROMWELLIAN UNION and Sir James Stewart as their presidents, the purport of their meeting was unfolded to them. Monck * in a speech breifly ^ informed them of his purpose to march into England ' to assert and mainetaine the liberty and being of Parliaments, our antient constitution, and theirin the freedome and rights of the people of these three nations from arbitrary and tyrannicall usurpations upon their consiences, persons, and estates, and for a godly ministry." He intrusted those whom he was addressing with the maintenance of order in his absence. ' I hope,' he concluded, ' my absence wilbee very short, but I doe assure yow that I will procure from the Parliament whatever may bee for the good goverment and releife of this nation, and doubt not but to obtaine abait- ments in the assesse and other publique burdens, according to the proportion of England.'^ On the following day (November 16) the representatives of the Shires replied to Monck's communication. They expressed themselves as ' well satisfied with his Lordshipp's engagement and grounds theirof exprest in his speech,' and as willing to preserve order in his absence, so far as they were able. They requested Monck to leave them directions for their guidance in that duty, and also to set an effective guard on the Highland and Border districts during his absence. Meanwhile they delegated certain of their number to wait upon him.- The meeting took place on December 12 at Berwick, where ]\Ionck had arrived ten days before.^ On the following day (December 13) they presented to him five ' pro- 1 Clarke Papers, vol. iv. pp. 113-114. Cf. NicoU, Diary, p. 257. '■^ Clarke Papers, vol. iv. p. 115. Row describes the Shires as answering Monck in *a discreet and fair way.' He adds that *only those that favoured the Protestation did at the fust scruple to subscribe the answer to Monck's letter.' — Life of Robert Blair, p. 340. Monck's reply is printed in Clarke Papers, vol. iv. p. 120. ' Nicoll {Diary, p. 258) says that the Commissioners of ' the haill schyres and burghes' of Scotland appeared 'with thair commissiones for keiping of peace within this natioun during his absens ; and so both pairteis dissolvit weill satisfeit with utheris.' Cf. Life of Robert Blair ^ p. 340. INTRODUCTION xcv posals':^ (1) that during his absence a committee should be appointed in each Shire ' in order to his Lordship's commands and their owne preservacion ' ; (2) that in each Shire a small body of horse should be raised ; (3) that in the event of public affairs requiring such a step, the Scottish Shires should be authorised to set themselves 'in the best posture they can for his assistance and their owne defence "* ; (4) that each Shire should be furnished with a proportion of the necessary arms ; (5) that all such as were ' free to comply with his Lordship's desires may for themselves and servants have liberty to carry their armes.' Monck returned an answer on the same day (December 13).^ He accepted the first ' proposal "* with the qualification that the county committees should associate themselves with 'the governour of the next adjacent garrison,' and should be composed of men only who had sworn to obey the Commonwealth and not to act 'in favour of Charles Stuart's interests,' and who were not Papists. To the second ' proposal ' he gave a modified consent and accorded only to 'the counties next adjacent to the High- lands,' viz. Dumbarton, Stirling, Perth, Forfar, Kincardine, Aberdeen, permission to maintain forty men in arms. On January 1, 1660, Monck crossed the Border into England.^ In his dealings with Scotland Monck had so far been con- cerned merely with the measures necessary to maintain order in his absence, or until the Scottish administration was restored from the chaos into which it had fallen since Crom- well's death. On February 2, 1660, however, there met at Edinburgh the Conventions of both the Scottish Shires and Burghs.* The first step of the two bodies was the appoint- 1 Printed in Clarke Papers^ vol. iv. p. 190. 2 His reply is printed in the Clarke Papers, vol. iv. p. 190. 2 Nicoll, Diary, p. 273. ^ Nicoll {Diary, p. 272) describes the Conventions as meeting in obedience to Monck's directions to them to frame their recommendations for the im- mediate settlement of Scotland. The Conventions assembled, adds Nicoll, 'in frequent number.' xcvi THE CROMWELLIAN UNION ment of a joint committee in order to secure ' a riclit corre- spondence' the one with the other.^ Without delay it was agreed to petition Monck to postpone all proceedings in Parliament relating to the settlement of Scotland until the arrival in London of duly accredited envoys from the Con- ventions. At the same time the joint committee had no difficulty in sketching the broad outlines of a policy for Monck's consideration. They recommended the reconstruc- tion of the assessment upon Scotland on a scale proportion- able to that imposed upon England ; the encouragement of trade and the employment of ships to protect the Scottish coasts; the lessening of the imposition upon Scottish coal and salt ; the establishment of a Mint. They demanded also that the nation should be governed according to its own laws; that public judicatories should be restored and judges appointed who were conversant with the law of the country. Finally they desired ' that ane way may be thocht vpon for vniting the natiouns.'^ On the last point Monck promptly satisfied his petitioners. On February 6 he addressed the House. ' I . . . desire,"* he said, ' the intended Act of Union may be prosecuted, and their taxes made propor- tionable to those in England.'^ But the matter was not again discussed. On March 16, 1660, the House dissolved, and neither Scotland nor Ireland were included in the order for the issue of writs to the Parliament summoned for April 25.* That body at its fourth sitting^ resolved to restore the ancient constitution. To Scotland the vote meant the restoration of her independence not less than of her ancient monarchy. ^ For the Shires were appointed the Earl of Haddington, the Earl of Hartfell, Sir Alexander Gibson of Durie, Sir Archibald Stirling ; and for the Burghs, Robert Murray (Edinburgh), John Paterson (Perth), Alexander Hali- burton (Dundee), Andrew Glen (Linlithgow), William Cunningham (Ayr). 2 Records of the Convention of Royal Burghs^ 1615-1676, p. 492. 3 Nicoll, Diary, p. 273. ■* Commons' /oiirnalsy vol. vii. p. 848. The order is dated February 22, 1660. ^ May I, 1660. INTRODUCTION xcvii On May 14 Charles was proclaimed at Edinburgh ' with all solempnities requisite, by ringing of bellis, setting out of bailfyres, sounding of trumpetis, roring of cannounes, touking of drumes, dancing about the fyres, and using all uther takins of joy for the advancement and preference of thair native King to his croun and native inheritance.'^ Her restored King's first proclamation in Scotland was a summons to the Com- mittee of Estates, dormant since 1651, to assemble.^ On January 1, 1661, the Scottish Parliament once more came together in its accustomed place, and Scotland, happily ignorant of a yet darker future, passed out of her present ' bondage.' ^ ^ Nicoll, Diaryy p. 283. ^ Ibid. p. 297. ^ Ibid. p. 306. As a comparison with the representation which Scotland had enjoyed in the Union Parliaments, it may be noticed that in this Parliament of 1661 there were present one duke, one marquis, thirty-nine earls, six viscounts, twenty-seven barons, fifty-five representatives of the Shires, sixty-one repre- sentatives of the Burghs, a total of one hundred and ninety-one. Cf. list in Acts of the Parliaments of Scotlatid^ vol. vii. pp. 3-5. PAPERS RELATING TO THE NEGOTIATIONS FOR UNION THE CROMWELLIAN UNION I A NEWSLETTER 1 From Edenhurgh, December 20. We are here very quiet, but yet have more to do then well -P^gg^^^' we know how to turn our hands unto. I finde not the humor of the people in general desirous of new commotions, but rather desirous to sit still, so as they may have any ease or settlement ; those who are of the Royal Party are generally the most forward ; two things only pinch them, to wit, the fear of their Estates being taken away, and of the Kirk-parties being put in Authority over them ; the Ministers continue froward, and indeed some thing would have been resolved about them : however theirs and Argiles credit is alike among the people : the Major Generals ^ are gon Westward, to take off free quarter there, and put those countries into some order of Assessment, as we have already on the Eastern parts ; ^ care is also taken for the setling of Magistrates for the present, till the Commissioners come down. II A NEWSLETTER 4 From Edenburgh, December 27. We are now returned hither from Sterling^ along the Coast ^^q^^^' of Fife, having now put this whole side of the water into an 1 Mercurtus Foliiicus, ] Sin. i-8, 165^. British Museum, E. 651 (19), p. 1321. ^ Major-General Richard Deane and Major-General John Lambert. ^ Cf. Firth, Scotland and the Cojiimonwealih, p. 30. 4 Mercurius Politicus,]zx).. 1-8, 165I. E. 651 (19), p. 1331. ^ Stirling Castle had surrendered on August 14, 1651. A 2 THE CROMWELLIAN UNION [dec. 27 orderly way of Assessment, and taken off all Ff-ee- Quarter, so that after to morrow, no Free-Quarter shall be taken, which gives great Content to the People ; so that as long as they are sensible of benefit and eas under this government, neither the Commands of the great ones, nor the Charms of their Priests, will be able to train them back towards a Monarchy. We found hors-meat extreme scarce as we travelled, no less than twelve pence for a Peck of oats after the London measure.^ I must needs add this farther, that the People are generally willing to be broght into order, and rather part with King, Lords, and all, than undergo the miseries of a new Warr. We found Belcarris at his hous in Fife, whose Forces are by this time all disbanded with much satisfaction ; ^ and wel they may, having gotten so good Conditions. As for Argile,^ he hath for some time fed us hio^h with Pretences ; but he is a very Fox and 'tis more than probable, that his heart and designs lie beyond-Sea, where he hath been tampering already. But now that we know him, if wee mind our busines, 'tis little that he can doe ; especially if he be handled according to his merit, since many Complaints will be prefer'd against him by divers persons, whose Friends he hath perfidiously and inhumanly butcher'd, and seized their Estates into his hands. This weeke there hath been a meeting of very many Gentry, Ministers, and Burgesses here at Edenhurgh, to advise what to doe in their present condition.^ The Kirh-party convened by ^ A Proclamation on this matter, dated December i, 1651, is printed in Firth, Scotland and the Commonwealth^ p. 344. 2 Alexander Lindsay, first Earl of Balcarres, capitulated to Overton on Decembers, 1651. The 'Artickells of Capitulatione betueen Alexander, Lord Balcarras, and the Englishe, in December 1651,'are printed in Balfour, Annales of Scotland, vol. iv. p. 345. 2 So early as October 15, 1651, at the time when an attempt to procure the assembling of the Scottish Parliament was being made, Argyll had written to propose a treaty. Cf, Firth, Scotland and the Commonwealth, p. xx. Dr. Gar- diner explains Argyll's position thus : ' Ever since the Scottish defeat at Wor- cester, Argyle had been negotiating with a view to the assumption of a mediatory position by himself, with the support of some Parliamentary or other body which might represent, or appear to represent, Scotland in the face of the English officials.' — Commonwealth and Protectorate, vol. ii. p. 72. ^ Cf. Life of Robert Blair, p. 290, where this meeting is described as being summoned 'to give a testimony against the enemy [the English] and their ways.' i65i] THE COMMISSIONERS EXPECTED 3 themselves, and the other by themselves : Little they have don as yet, only agreed upon some generall Proposals of applica- tion to our Commissioners. There appears much of Ingenuity in the latter; but as for the Kirkmen and their vassals, they retain still their old rugged Obstinacie, and currish behaviour. Ill A NEWSLETTER^ From Edenburgh, January 3. We are here in statu quo, as I told you in my last ; the J^^^ ^' Town begins to fill, and there is like to be a very great con- fluence of the Gentry and Ministry from all parts, especially of the West, as if they all laboured to prevent any other person, as well as design, against the coming of our Commis- sioners, who, on all hands, are earnestly expected. ^ It will (I beleev) be som satisfaction to them when they arive, to see that so fair a progress hath been made already in the setling the Countries in an orderly course of Assessment,^ which the People appear very willing to pay, and wil pray too for us, upon condition they may have no more Warr, the remem- brance whereof they fear exceedingly. We hope also, a little time may pacifie and gain their Spirits upon a spirituall, as well as upon a carnall Principle. Both parties of the Kirk wil labor (I hear) to have the first place in our Favour, before the Royalists, whom they still extremely hate, though they wedded the Interest of that young Man who is their Head. On the other side, the Roy all party labor to out- vie the other, so to merit the better opinion, by shewing themselves most forward in Submission and Comply- 1 Mercurius Politicus, Jan. 8-15, 165^. E. 651 (25), p. 1338. 2 They left London on December 25, 1651. For their names, vide stipruy p. xvii. They reached Dalkeith on January 15, 1652. ^ Major-Generals Deane and Lambert had commenced to organise a regular assessment upon Scotland in December 165 1. The English Commissioners -settled the amount in February 1652. Cf. Firth, Scotland and the Common- wealthy pp. xxx-xxxi. ' 4 THE CRO:\m^LLIAN UNION [jan. 12 ance. If Argile and Huntley ^ both appear here (as 'tis thought they will), then there will bee canvasing to some purpose. The Dutchess of Hamilton^ Wife to the late deceased Duke, intends a Journey hither too, to sollicite about som w^hat that concerns her Estate and livelihood, but I trust we know how to dispose of those Estates that have cost England so dear to purchase.- The Ministers fast often, but preach not often publickly ; the reason whereof I cannot imagine, unless it be that they doe not delight in that kinde of Exercise, except thev may have liberty to talk at random. As for their King, I think they are ashamed that he should so over reach them for their ownino: him, because they speak neither good nor bad of him. When they have made their Proposals to us, and received our Answer, I suppose they will then tell us more of their minds, and to what purpose. It shall be my endeavour to get you the Names of the principall among them. W A NEWSLETTER^ Monday, Jan. 12. Jan. 1-2, I told you in my last, that the Scots King was travelling from France ; and well he may do it, that Kingdome being like to be too hot for the King his Kinsman, the Court being so obstinately blind, that no examples will reclaim them. The great Church-man having an Arch influence over all, and of the Kings and the Queen Regents, being always unfortunate, if not fatal unto France. Both armies are now facing one another. The Letters from Ireland do advertise of several Troops of the Tories that are submitting to the Parliament of England. There is not from thence the least news of any of the Lorrainers, nor any assistance at all for the relief of Galloway. Lew-is Gordon, third Marquis of Huntly, capitulated to Colonel Overton on November 21, 165 1. - As to Hamilton's estate, cf. Firth, Scotland and the Commonwealth^ p. 74 ; Baillie, Letters and Journals^ vol. iii. p. 249, ' A Perfect Account of the daily Intelligence from the Armies in Englandy Scotland, and Ireland, Jan. 7-15, 165^. E. 651 (24), p. 430. 1652] OBJECTIONS TO THE UNION 5 The Scots at Edenburgh have had and still continue their full Assemblies, but in distinct numbers. The rigid Presby- terians by themselves, the late Royalists (who seem to be most sensible of their uncroaching happiness and therefore are most humble) by themselves. The Marquess of Argile hath again sent to come in, but doubting of the event, being the last in the compliance, and extreamly incensed against his nephew Lodo- iviclc Gourdon, now Marquess of Huntley, who hath petitioned for some redresses of his Fortunes, detained heretofore by the -Family of Argiles : It is said (if the event answers not his expectation) he will put forth to sea, having a considerable Harbour as yet under his command, from whence he may imbark himself to what place he pleaseth. Letters from Scotland advertize that Argyle hath so long jugled and shuffled the cards, that now he hath lost dealing and must play to the trump is turned by another hand, yet he Jovethnot a game that must be played above aboard, therefore he points with his finger and makes signs as if he would rather forsake the Countrey then not to submit upon honourable terms, which he feareth he shall not have (at least such as he •desireth), being the last person any way considerable that standeth out ; we are now upon a design for Basse Island,^ but I fear the weather will not yet favour the action. The Assembly at Edenburgh appear very full, which is a means to innumerate their divisions ; they talk of doing some thing that shall deserve the observation throughout all Christendome, with their pens, now it is known to all the world that they are mustered by the sword, and for the advancement of this great work some of the rigid Presbyterians shew their teeth as heretofore ; yet others, more moderate, before they passe any censure have desired that it might be considered from whence it is that such and such, naming particular persons amongst them, should be brought to submit to that government under which they now live, and from whom they desired protection. 2. Another Quere hath been made, whether though a change of Government were believed not to be lawfull, yet it may lawfully be obeyed. ^ The Bass, which had been summjoned on October 27, 1651, did not sur- render until April 1652.— Firth, Scotland and the Protectorate, p. xix. 6 THE CROMWELLIAN UNION [jan. 21 3. A third Question hath been, In what respect the change of Government is believed to be unlawful! ? whether it be onely in regard of the end that those aim at that do alter the Govern- ment ? Or secondly, in regard of the comparative badness of the Government brought in by change ? as if instead of a well regulated Monarchy, a turbulent Democracie were brought in. Thirdly, In regard of the Commission that those have that do alter the Government : for if they be not Plenipoten- tiaries as to such an act of instituting a new Government, that new Fabrick will want authority. Fourthly, Master Blaire'^ hath added this Quere, That put the case as it is, that they are forced to submit to another power or change of Government, if question be put whether this change be unlawful, may he till he be otherwise informed obey that change ? To the first of these one Mr. Johnston said, that if there appear nothing to vitiate the change but the end or aim of the changers, this doth not make it unlawful! to be obeyed. 21y, To the second it was answered, that if there be no exception to the change but the bringing in of a leste commendable government, this doth not make it unlawful! to be obeyed. Sly. As for the Commission of those that do alter the govern- ment, he made no question but that they might as lawfully obey the same as to comply with those acts and statute laws formerly made in that Kingdome. This hath put the rest to a kind of a stand, and what is concluded on you shall hear as time and opportunity will permit. V A NEWSLETTER ^ From Edenhurgh, January 21 . Jan. 21, Were you here, you would not a little wonder to observe the strange pride and proceedings of the Kirk-Clergie, the ingredients of whose constitution admit of many more grains of ^ Robert Blair, on an occasion somewhat later, declared : * As for the embody- ing of Scotland with England, it will be as when the poor bird is embodied into -the hawk that hath eaten it up.' — Life, p. 291. 2 Merairius Politicus, Jan. 22-29, 165^. E. 652 (8), p. 1378. A LETTER TO CROMWELL 7 gunpowder than you shall find in any Jesuites in Christendom^ so that if they be not closely look'd to, they will set all on fire again ; for their Spleens are as full as ever, their Animosities as high, and their impudence greater, being like wild Beasts that gnaw the chain when they are tyed up, and ready to fly upon all that com near them.^ I find the old Royalists generally throughout the Countrie tendring their devoir^ but these fiery Kirkists cannot digest a thought of the losse of their infinite power and prerogative; the product whereof was the drawing up of a Letter ^ among them to my Lo7'd Generally which I doe not know how they will send ; but Wareston^ CMesly^^ Ja, Gutliry^ and Patrick Gillespy^ were the grand sticklers therein.'^ Their Meeting was but thin, and much divided they were among themselves ; some were for an Address, and some for none ; and some said it was too high, that is, too impudent. Then a great debate there was to whom this Letter should be directed ; but they could find no Title to ^ On January 15, 1652, Andrew Sandilands writes from Edinburgh to John Milton, 'at his house in Petit France, beyond Westminster,' as follows: 'We are very inclinable to peace here, except Jack Presbyter, who is still a sworn enemy to civil government, and from the first refused the magistrates of Edin- burgh to have a voice in the election of that sacred beast the ruling elder, because forsooth they have taken the engagement and submitted to the commonwealth of England, 'forgetting that they had established a Scotch commonwealth these eight years.' — Cah State Papers^ Dom,^ 1651-52, p. 103. Cf. Nicoll, Diary^ p. 91, for a denunciation of the ministers for their opposition to the Union. 2 There was much difference of opinion as to the advisability of ' remonstrat- ing the iniquity of their invasion ' to Cromwell. Lambert, to whom a copy of the letter was submitted, refused a pass to ' the young man' who was appointed to carry the letter to Cromwell. * Those that presented the letter to Lambert did express some of their fears of the dangers to ensue unto religion and govern- ment [from the Union], by gathering Independent congregations,' etc. Lambert answered, 'Soon may your fears fall upon you.' — Life of Robert Blair, p. 290. The letter was brought to Lambert by ' Sir John Cheisley, Sir James Stuart, and one or two more. ' Vide Newsletter in Firth, Scotland and the Commonwealth ^ PP- 32-3 ; Balfour, Annales^ vol. iv. p. 348. 3 Archibald Johnston, Lord Warriston. ^ Sir John Cheisley of Kerswell. ^ James Guthrie, at this time minister of Stirling. ^ Patrick Gillespie in this year became Principal of Glasgow University. Baillie, in a letter of February 24, 1652, describes Warriston, Gillespie, Guthrie, and other Protesters as giving ' a shifting answer ' to a proposed * Warning and Testimonie ' to Cromwell and the English. Cf. Letters and Journalsy vol. iii. p. 173. 8 THE CROMWELLIAN UNION [JAN. 21 allow the Parliament, and therefore they waved them. Som odd Quaere"'s were started, as about a National Church, and how it might be kept pure ; as also about private mens Preach- ing. This Letter was intended to have bin sent by one Mr. Andrew Ker^ and to defray the charges of his journey, they had designed him j^lOO. sterl. They sent for a Pass for him, but it was denied ; ^ and so perhaps this Letter may sleep for lack of a Messenger to convey it. But yet, that you may not be without a Taste of the petulant Temper of these men at present, I have stoln so much time, as to give you a brief Touch of the main Particulars of that bold Epistle. In the front of it, they pretend to remonstrate the Iniquity and Injustice of our Invasion, as they call it, and the holding of their Land in subjection. After this they proceed to descant upon their Pressures at present, and their Fears in 2 Respects. 1. as to Religion, wherein they follow their old Crie against toleration of Errors in the Army, and elsewhere, and against the preaching of Troopers. 2. as to Liberty, and touching this they inlarge themselves in severall heads. First, they cry out against the incorporating of Scotland with England, saying it will draw along a Subordination of the Church to the state in the things of Christ. This is the great Ey-soar, a subjection to the Magistrate; but they may doe well to yield obedience and submission, which hath more .of Christ than any of their Antichristian constitutions. The other Inconveniences that will follow (they say) are the gather- ing of private Churches, Toleration as in England, a reversing of righteous Laws established relating to Religion, or rather to their Carnall Interest, together with an introducing magis- trates of contrary Principles to the Kirks, and a pressing of Oaths, etc. They say it seems to them contrary to the many Declara- tions that were sent in to them in the year 1651 at the stating of the warr. But whatever it seems to them, I am 1 Presumably son of John Ker of Prestonpans, and Warriston's deputy and successor as Clerk to the General Assembly. Cf. Baillie, Letters dnd Journals^ vol. iii. p. 60. 2 Vide supra, p. 7, note 2. 1652] THE KIRK AND THE UNION 9 sure I find the People in all Parts find and acknowledge the benefit of what we promised in our declarations ; and are so sensible of the Tyranny of these Priests and their Dagon, that they count it one of the greatest benefits, if wee will free them from their spirituall Usurpations. 3. They put it to us to consider, whether if England were in Scotland's case wee would be content, or think it just here- upon to ground an Incorporating. Yes, without doubt, and be glad of it too, if England could reap so much benefit by an Incorporation with Scotland, as Scotland will have by England. 4. They say it will be a means of mingling their Civill Liberties with their Religion, and the Ordinances of Christ, which would draw a necessary consequence, of a Civill head- ship over their Religious Constitutions. Here the shooe wrings indeed ; but let them make it appear, that their worldly constitutions are Chrisfs ordinances. You may observe, in all this they look after their own Interest, not the Peoples good. 5. They are up with that Engine the Covenant, and say, wee are bound by Covenant in England, to let them domineer, and lose our Interest in Scotland, after so dear a purchase, that the Kirk may enjoy her Religion and Liberty. 6. They say, that these ways, if prosecuted, will bring sufl^er- ings upon the ungodly (or rather the Factions) of the Land, who (they say) will not approve of, nor consent thereto ; and that the Ministers shall think themselves bound to give testi- monie there against ; besides, that the Prayers of the Godly will be against us : So that you see here is an implicit Defiance allready, and of Ministers they will becom Traitors. 7. That in regard wee profess Liberty of Conscience, wee ought to allow them Liberty of theirs. So 'tis like we shall, but not a Liberty to bind mens consciences, or to break the Lawes, for either of which no conscience can be pretended. After all which they conclude to this effect : That however some others who have professed more enmity to us, and to bee no friends to them (they meane I suppose old Malignant), do make haste to apply themselves, yet- they should not have made this Address, but that their love to Christs Ordinances (or rather their own devises) moves them thereto ; wherefore 10 THE CROMWELLIAN UNION [jAN. 24 they do request and obtest, that we would leave them their Religion and Liberty (that is, their Kirk Superstition and Tyranny) intire; professing, that they will not decline any good Medium for conviction of guilt, or obligation to duty. Signed in the name and at A. Johnstoun. the desire of many Ministers R. Talket. and Professors of the Gospel Ro. Trayle.^ met at Edenburgh. By Will. Bruce. Sam. Rutherford.^ Jo. Castayres.^ James Gray. VI A NEWSLETTER* From Dalkieth in Scotland^ Jan. 24. diU. 24 1652. ' The inclosed ^ will inform you what course is intended to be taken for publishing the Parliament's Declaration ^ and working the people to a free assent thereto. If this goe on successfully, the superstructure will be the fairer and easier, though no doubt nothing of this kind can be depended upon any longer then a sure hold is kept upon them. The day of appearance for those of the next shires is to be Feb, 9, and for the farthest off, Feb, 26. And so respectively for those nigher or farther off.' Great applications are daily made by the Grandees^ but none as yet admitted. The consideration of setling a course for Justice, for Customes, and for Sequestrations is in hand. Argile gathers the monethly Assessments in his Countrey, and puts them in his own purse: hee is laying his Levy throughout the Highlands, and he hath done it as farre as the bounds of the chiefe of the Macdo7iaIds, and hopes to get 1 Robert Traill of Edinburgh. 2 Principal of St. Mary's College, St. Andrews. ^ John Carstairs of Glasgow. ^ Mercurius Politicus, Jan. 29-Feb. 5, 165^. E. 654 (l), p. 1387. ^ Vide Commission, infra^ No. viii. ^ Vide supra, p. xxi. Vide infra. No. ix. i652] DEPUTIES SUMMONED TO DALKEITH 11 them all under his girdle : and for this end he useth this Argu- ment, That he will live and die with them for the gaining for them like conditions with himself. VII A NEWSLETTER^ Sir, — LotMan^ Warreston, Cheisley, and Broody^ have been to see us,^ but never a Minister. Summons are gone out to the shires, to chuse 12 persons for each, to receive from the Commissioners what they are intrusted to deliver from the Parliament. Wee know not what kind of persons will be chosen, but suspect Malignant most of them, but they may be deceived if they think to bee much trusted ; they have sent for some Sequestrators from England, to begin that game here, as Mr. Mirriton, and Mr. Jo. Price, etc. Dalkeith, 27 Janua. 1651. VIII A COMMISSION^ %the Commissioners of the Parliament of the Common- January 1652. wealth of England, for ordering and manageing affairs in Scotland. The Parliament of the Commonwealth of England, having Declared their intentions concerning the settlement of Scot- land, and appointed us their Commissioners, to publish and make knowne the same to the People of this Nation, and to use our endevours, whereby the said settlement may with most ^ Severall Proceedings in Parliament, Jan. 29-Feb. 5, 165^. E. 793 (22), p. 1914. 2 Sir William Kerr, created Earl of Lothian in 1631. ^ Alexander Brodie of Brodie. ^ Warriston, Brodie, ' and some few ministers most zealous against the public resolutions,' were at this time suspected of 'underhand dealing with the enemy, that they would be pleased to erect Scotland into an independent commonwealth by itself. '—Life of Robert Blair ^ p. 293. Cf. Baillie, Letters and fournals, vol. iii. p. 175. ^ Severall Proceedings in Parliament, Feb. 5-12, 165^. E. 793 (25), p. 1932. 12 THE CROMWELLIAN UNION [fee. satisfaction and speed bee effected, and the whole Island through the goodnesse of God, brought to an happy and lasting Peace. Wee do therefore by vertue of the power on that behalf given us, Authorize and require you, to meet in some con- venient place within your Burrough, and there to nominate and elect one person of integrity and good affection to the welfare and peace of this Island,^ which said person so elected, with full power on your behalf, for effecting the premises, is to be with us at Dalkeith upon the 13 day oi February 1651. Given under our hands at Dalkieth this day o/ January 1651. To the Burgesses, and Neighbours of the Burrough of 01. St. John. Geo. Monck. G. Fenwick. Rich. Salwey. J. Lambert. R. Deane. H. Vane. Rob. Tichborne. IX LIST OF THE SHIRES AND BURGHS SUMMONED February 1652. Selkirk. The respective Shires and Burghs in Scotland to whom the Com" have issued their sumons w*^ the severall Daies limited for their Deputies appearance. Daies of Burghs. Lauther. Jedbrough. Peebles. [Haddington. \ Dunbar. North Bar wick. Selkirk. Shires. Barwick and Lauther. Teesdale and Roxburgh. Peebles. Haddington. appearance. Munday, Feb. 9,1651. ^ William Clarke writes (Firth, Scotland a7td the Commonwealth, p, 33) to the Speaker on February 14, 1652, from Leith: * The Commissioners of Parliament doe receive daily the Commissioners from the severall Counties of Scotland, and a good correspondence for the greatest parte is nott doubted, though in some places the Kirke partie only are chosen, uppon misapprehension that they alone are intended by persons of knowne integritie.' In Robert Blair's Life (p. 294), it is stated that ' the most malignant,' i.e. to the Kirk party, were elected, except in the Shires an^i Burghs of the West, and in Galloway. Portland MSS.^ N. xx. 70. i652] SHIRES AND BURGHS SUMMONED 13 Shires. Edinburgh. LinHthgow. Sterling. Dumbarton. Reynfrew, Argyle. Bute. Ayre. Lanerk. Dumfrees. Wigton. Fife. Kingrosse. Perth. Burghs. Edinburgh. /Linlithgow. iQueensferry. Sterling. Dumbarton. Reynfrew. Dales of appearance. Thursday, Feb. 12. Rothsea. f Ayre. \Erwin. j Glasgow. < Lanerk. (Ruglands.^ fDumfrees. Sanquahar. Loch Mabben. Annan. Wigton. Kirk Cudbright. Whitehorne. Galloway. ( St. Andrewes. Dysart. Kircaldy. Cuper. Anstruther East. Pettyweym. \ Dumfermlin. Brunt Island. Kinghorne. Anstruther West. Innerkething. Creil. \Kilrenny. Munday, Feb. 16. Munday,. Feb. 23. Perth. Culrosse. 1 Rutherglen. 14 THE CROMWELLIAN UNION [fee. Shires. Clackmanon. Forfa^. Kincardin. Aberdeene. Bamfe. Elgin. Nearne. Invernes. Sutherland. Cromarty. Orkney. Burghs. Dundee. Aberbothick. Forfar. Montros. 1 Brechin. Daies of appearance. Aberdeene. (Bamfe. ICullen. Forres. Elgin. Nearne. rinvernes. 4 Taine. [Ding well. Dornoch. Munday, Feb. 23. Thursday, Feb. 26. Endorsed : — Daies of apparance for the Deputies of the severall Shires and Burghs. X PROPOSITIONS TO THE SHIRES AND BURGHS^ By y® Comission'"^ of y^ Parliam* of y® Comonwealth of England for ordering and managing Affaires in Scot- land. The Deputies of each Shire and Borough now mett in this place are desired to deliver in writing ynd"" theire hands : First, theire Answere as to the Acceptance of the Parliam^^ Tender in theire declaracon, That Scotland bee incorporated into and made one Comon wealth w^^ England, that thereby the 1 Portland MSS., N. xx. 69. .1652] PROPOSITIONS FOR THE DEPUTIES 15 same Gouernm* that is established in England w^^out a King or howse of Lords vnd"^ the Free State and Comonwealth of England may bee derived to the People in Scotland. Secondly, That they declare that they will in the meane time line peaceably vnd"^ and giue obedience vnto the Authoritie of the Parliam* of the Comon wealth of England exercised in Scotland. Thirdly, That they offer what they conceiue requisite for bringing to effect the said Vnion and settlement w^^ speed and best satisfaction to the People of Scotland. A full and cleare Answere is desired and expected vnto theis pticulars before the eighteenth of March next. But if the twoe first bee consented vnto, more tyme may bee taken for the perfecting of what they offer touching the last. Signed hy order of the CovfK Jo. Phelpes, Sec'^v. Endorsed : — Proposicons to the Deputies of Shires and Burghs, touching their acceptance of the Vnion tendred, XI ORDER FOR SHIRES AND BURGHS WHO HAVE FAILED TO APPEAR^ By the Comission'"^ of the Parliam^ of the Comonwealth of England for ordering and managing Affaires in Scot- land. Ordered that the Declaracon of the Parliam* of England ^^^g'jl''^ and the Declaracon of the Abouesaid Comission''^ bee sent to the sheriffdome of , as also a paper containing the proposicons giuen to the deputies of other Shyres and Burghs to the end the Heretors and Rentallers of the said Shire may haue opportunity to expresse themselues in relacon to the same, who to that purpose are authorised to Convene and their answer is to bee w*^ the said Comissioners at Dalkith on or before the day of The forme of the order giuen to such shires who having not attended the Com^ w^Mn the time limited for the conference, 1 Portland MSS., N. xx. 71. 16 THE CROMWELLIAN UNION [fee. doe notw*^standing make applicacon to the Com^ for new- sum 6ns. Jo. Phelpes, Sec^. The same order (mutatis mutandis) is graunted vpon the like desire to the Burgesses and neighbours of Burghs. Endorsed : — Further order for Shires and Burghs to declare themselves concerning the Vnion tendred. XII A NEWSLETTER^ From Dalkeith, February 3. The Burgesses of Edenhurgh are extreamly troubled at the Oath which is to be imposed upon those who are to be chosen to be their Magistrates, to morrow is the day appointed to advise thereon, and sent for Sir James Stuart^ who as soon as he had given them their Commission to come hither, withdrew into the Country. There have been lately gi'eat contests in the Presbytery of Sterling ; those who are for the Assembly at S. Andrews have separated themselvs from the other party, and will not own Ja. Guthry and that party to be Ministers ; and each send out contradictory Orders into the Countrey ; the People generally side wdth the S. Andreans ; so that Ja. Guthry who penned the high Letter which they desired should have bin sent to my Lo. Generally yet hath now written to his Confidents to worke with our Commissioners, to interpose their Authority for suppressing the other party. Waristoji, Chiesly, Broody, and som others cam hither lately; and I since understand, they took up their lodging to have lain here a night, and brought with them a Cloak-bag of Papers, expecting we would have taken them into our Bosomes upon old acquaintance, and were extremely discontented at their coming, finding only a slight entertainment. For the state of the North in the low-lands, they see not how they can work considerably to a head as yet ; besides they w ait 1 Mercurius Politicus, Feb. 5-12, 1654. E. 654 (9), p. 1406. Lord Provost of Edinburgh in 1648 and 1649. For the Edinburgh muni- cipal election of 1652, vide Baillie, Letters and Journals, vol. iii. p. 389, and infray Nos. XIII., Lxxxiii., Lxxxvii.-Lxxxix. ARGYLL'S SCHEMES 17 what we wil do with them ; but I do see, that when you fall to Sequestring of them, we must expect what despaire will produce. Huntley is a man more in Debt then his whole Estate, a man infinite proud and ambitious, vastly expensive ; That which at present quiets him, is. That he is in possession of his whole Estate ; neither Sequestration nor Law troubles him, and he hath by him Companions for any adventure.^ XIII A NEWSLETTER^ From Dalkeith, February 10. There is nothing yet done about the chusing of Magistrates Feb. 10, for Edenhurgh. Sir James Stuart wholy obstructs the work ; he would an Act of Infamy might pass against those who brought the Petition,^ as having exceeded their Commission, both in stiling our Commissioners, Commissioners of the Par lia- ment of the Common-wealth of England, and in expressing a desire of obedience thereto ; and in conclusion, moved that an Act of Infamy should pass against them.* Argile hath another meeting at Innwary on Friday ^ next with the chief of the Clans and Islands. The Chancellor ^ and David Dick are gone thither ; he would fain work a consistent interest among them, and for that end he with might and main endeavours the reconciling all particular feuds among them. He hath also sent an Agent into Athole. Argile is much afraid of being summoned by our Commissioners to appear before them.'^ It is certain that neither the Chancellor 1 Of the Huntly estates Baillie writes in 1654 : ' There is more debt on the House nor the land can pay.' — Letters and Journals, vol. iii. p. 249. 2 Merciirius Politiacs, Feb. 12-19, ^^S\- E. 655 (6), p. 1423. On January 26, 1652, Archibald Todd and other inhabitants of Edinburgh had petitioned the English Commissioners for permission to elect their magis- trates. — Firth, Scotland and the Commonwealth, p. 35. 4 On this matter, cf. Nicoll, Diary ^ pp. 87-88. ^ February 13. ^ John Campbell, first Earl of Loudoun. ' Argyll had an interview with the English Commissioners at Dumbarton on March 17, 1652. A /nV^'^ of the conference is printed No. cviii. Though B 18 THE CROMWELLIAN UNION [fee. io nor Argile have received any letters from the King since his going beyond the Seas. Yesterday was the first day, wherein were to have appeared the Commissioners for the Shires and Burroughs therein, of Hadington^ BerzvicJi\ Peebles, SelVirk, Roxhingli ; but not all appearing, nothing was done till to-day, when all appearing, such whose Commissions were onely to treat with and receive our Commissioners demande were turned back ; ^ such as had full power were received ; which is all the account I can by this Post give you. XIV ASSENT OF BERWICKSHIRE AND LAUDER^ The proposicons given by y® right Hono^^^ the Com*"^ of y® Parlyam^ of y^ Comon Wealth of England for ordering and manageing affaires in Scotland. To y® Com""^ of the SherrifFdome of Berwicke and y® Brough of Louder is as followeth — vizt. The Deputies of each Shire and Burrow now meeting in this place are desired to deliuer in writeing und'" theire hands. First theire answeare as to the Acceptance of y® Parlyam*^ Tender in theire Declaracon that Scotland bee incorporated into and made one Comon Wealth w*^ England. Seacondly that they declaire that they will in y^ meane tyme line peaceably vnder and giue obedience unto y® Authority of y^ Parlyam* of y^ Comon Wealth of England exercised in Scotland. Thirdely that they olfer what they Conceive requisite for bringeing to effect y^ said vnion and settlem* w*^ speede and best satisfacon to y® people of Scotland. the Shire of Argyll accepted the Union on April 26 [infra, No. cxliv), the Marquis did not make his submission until August 19, 1652. Cf. Firth, Scotland and the Cotnmoiiwealth, pp. xxi, 48. ^ From No. xix. infra it appears these were the representatives from Peebles, Selkirk, and Roxburgh. 2 Portland MSS., N. xx. 80. 1652] BERWICKSHIRFS ASSENT 19 A full and cleare answeare is desired and expected vnto these particulers before thursday next, but if two first bee Consented unto more tyme may bee taken for y® perfecting of what they offer touching the last. The answeare of y® Com""^ of the said Sherriffdome of Ber- Avicke and y® Com""^ of y^ said Brough of Louder. (vizt.) To the first wee Consent that Scotland bee Incorporated into, and made one Comon Wealth w*^ England. To the seacond wee declaire that wee will in y® meane tyme live peaceably und"^ and giue obedience unto the Authority of the Parlyam* of y® Comon Wealth of England exercised in Scotland. Subscribed w*^ our hands att Dalkeith the 12*^ of February 1652. Alex. Swinton.^ Jo. H0ME.2 Rob. Henderson. Vera Copia : Jo. Phelpes, Sec'^. To the third Wee humbly desire (conceiueing it requisite for bringeing to effect the said Vnion and settlement w*^ speede andbest satisfaccon to the people of Scotland) y* they bee secured in theire Religion Persons and Estates, and Wee shall bee ready to offer yo^ Hono*"^ consideracon what shall further occure as tendeing to make the said vnion practicable. Subscribed w*^ our hands att Dalkeith the twelveth of February 1652. Alex. Swintone. Jo. Home. Rob. Hendersone. Endorsed : — Berwicke and Louther BerwicJce "1 S^ Alexander Swinton. Sherriffdome I Deputies J John Home. Louther \ ^ ^j- , , yRoBT. Henderson. burgh J Fehy 22, 1651, read and admitted. ^ Sir Alexander vSwinton of Swinton. 2 John Home of Renton was a J.T. for Berwickshire in 1656.— Firth, Scot- land and the Protectorate^ p. 310. 20 THE CROMWELLIAN UNION [FEB. 12 XV ASSENT OF HADDINGTON^ I George Browne being deputed by the Brough of Hadding- ton doe on behalfe of my selfe and those represented by mee declaire our free and willing acceptance of and Consent unto y^ tender made by y^ Parlyam* of England y^ Scotland bee Incor- porated into and made one Comon Wealth w^^ England, That thereby the same Gouerm* That is Established and Enjoyed w^^out a King or House of Lords under y^ free State and Comon Wealth of England may bee derived unto y^ people of Scot- land, and Wee desire y* y^ people of England and Scotland may bee represented in one Parlyam* and Gouerned by theire repre- sentatives therein, as y® supreeme authority of y^ whole Iseland, And in y® meane tyme w^ee shall live peaceably und*" and yeald obedience unto y^ authority of y^ Comon Wealth of England Exercised in Scotland. In wittnesse w^hereof I haue subscribed these p'-sents att Dalkeith y^ 12 of Feb^ 1652. George Browne. Vera Copia : Jo. Phelphes, Sec^. Endorsed : — The answeare of Dep^^^ for Haddington Brough to ComT^ proposicon of y^ 10 of Feh^, deliuered to y Com^' Feb^^^, 1651. XVI ASSENT OF HADDINGTONSHIRE ^ Feb, 12, Wee, S"^ John Sincklar of Hermi stone and S^ George Seaton 1652. Hailles, being Com'"^ and Deputed by the Heritours and Rentallers of y® SherifFdome of Haddingtone, Doe on y® behalfe of our selues and those represented by vs, Declaire our free and willing acceptance of and Consent unto the tender made by the Parlyam^ of the Comon Wealth of England that Scotland bee Incorporated into and made one Comon Wealth 1 Portland MSS., N. xx. ii8. 2 Ibid. N. XX. 77. 1652] HADDINGTONSHIRE^S ASSENT 21 w*^ England, That thereby the same Gouerm^ that is Established in England w*^ out King or howse of Lords vnd*" free State and CoiTion Wealth of England may bee deriued vnto the people of Scotland. And wee desire y* the people of England and Scotland may bee represented in one Parlyam* and Gouerned by theire representatiues therein as y® Supreeme authority of y^ whole Iseland, and in the meane time till this bee made practicall wee promise y* wee shall live peaceably vnder and yeald obedience to y® authority of y® CoiTion Wealth of England exercised in Scotland : And moreover wee shall bee ready from tyme to tyme to offer what wee shall Conceive requisite for bringeing to effect y^ said vnion and settlem^ w*^ speed and best satisfaccon to both Nations. In Witnesse whereof wee haue subscribed these presents att Dalkeith y^ 12 day of February 1652. John Sinclaire. George Seaton. Vera copia : Jo. Phelpes, Sec. Endorsed : — Assent, Haddington Sheriffdome. S^ Jo. SiNCLAR, ) Dejncties S^ Geo. Seaton, j ^ There answeare to ComT^ Proposicons of 1/ 10 of Felry hy them noiv deliuered to y^ Coiif^ Felf 12, 1651. XVII ASSENT OF NORTH BERWICK^ I Robert Ritcheson being deputed by the brough of North -^^Jji^^' Berwicke doe on y® behalfe of my selfe and those represented by mee Declaire our free and willing acceptance of and Consent vnto the tender made by y® Parlyam* of England, That Scotland bee Incorporated into and made one CoiTion Wealth ^yth England that thereby the same Gouernment that is Established and enioyed w**^ out a King or howse of Lords und"* the free state and Comon Wealth of England may bee deriued unto y® people of Scotland, and wee desire y^ y® people of England and Scotland may bee represented in one Parlyam* 1 Portland MS S.^ N. xx. 120. 22 THE CROMWELLIAX UNION [FEB. 13 and Gouerned by theire representatiues therein as supreeme authority of y^ whole Iseland, and in y^ meanetyme wee shall live peaceably und"^ and yeald obedience vnto y^ Authoritie of y^ Comon Wealth of England exercised in Scotland, in Wit- nesse whereof I have subscribed these presents att Dalkeith the twelueth day of Februar}' 1652 yeare. — Testified this my mark. ' ^ ^ Vera copia : Jo. Phelpes, Sec^. Endorsed : — North Berwic'ke Brough. RoBT. Richardson. Dep^'\ Fehy 14, 1651. AnsiL'eare to the Cojn^^ proposicojis being rc-^^' draicne by him Feb^ 12, 1651 to bee ivritteii faire^ noTV by him exhibitted and accepted. xvni ASSENT OF DUNBAR ^ Feb. 13, I Thomas Purues being deputed bv the Burroucjh of Dunbarr 1652 o 1 . o doe on y^ behalfe of myselfe and those rep^'sented by mee declare our free and ^-illing acceptance of and Consent unto y^ tend'' made by the Parlyam* of England that Scotland bee Incorporated into and made one Comon Wealth w^ England That thereby the same Gouerm* y^ is Established and enjoyed w^^ out King or howse of Lords und"" y^ free State and CoiTion Wealth of England may bee derived unto y^ people of Scotland, and wee desire that people of England and Scotland may bee represented in one Parlyam^ and Gouerm^ by theire Repre- sentatiues therein as supreeme Authority of y® whole Iseland and in y^ meanetvme wee shall liue peaceably vnd*" and yeald obedience vnto the authority of y^ Parlyam^ of y^ Comon Wealth of England Exercised in Scotland, subscribed w^^ my hand att Dalkeith the 13*^ of February 1652. Tho. Purues. Vera Copia : Jo. Phelphes, Sec^, Endorsed : — The Ansxveare of Tho. Purges Deputie ofy^ Bur- rough of Dunbarr presented to y^ Com^^ tJie 13 Feb^ 1651 iji 'if morneing. Assent. 1 Portland MSS., N. xx. 119. 1652] THE COMMISSIONERS' PROCEEDINGS 23 XIX A NEWSLETTER^ From Dalkeith^ February 14. Tuesday,^ the Conference began ; The Commissioners for the Feb. 14, Counties and Burghs of Roxburgh^ Sell'erk, and Peebles were dismissed, their Commissions being only to Treat and not finally to conclude. In the afternoon, the Conference began with the Comiss'rs for the Shires of Berzmck and Hadington, ^vith the Burghs therof. The Commissioners Commission was first read, then the Parliaments Declaration, and Commissioners Declaration in pursuance thereof ; and after som explication made thereupon : in conclusion a Paper ^ was delivered them, which containd the sum of what was expected from them ; as first, that they should assent to the incorporating of Scotland into one Comonwealth with England. 2. That they should declare a submission to that Government which shall in the mean time be established. 3. That they bee ready (upon all occasions) to represent such matters as they conceiv may conduce to the putting those particulars into a way of use and practise. They were desired to give in their Answer in writing on Thursday under their hands, which accordingly they did,* and have therein freely assented unto the two first particulars, and promise their ready assistance as to the third. Yesterday being a day of conference with a second sort of Commissioners, only one appeard for Edenburghshire^ one for SterlingsMre, and one for the City of Edenburgli it selfe, whereupon they were dismissed, because their Commissions expressed two. A conference in like manner with the former hath been also with the Commissioners for the shire of 1 Mercurius Politicus^ Feb. 19-26, 165^. E. 655 (17), p. 1433. 2 February 10, 1652. ^ i.e. No. X. supra. ^ Cf. Nos. xiv.-xviii. Lament writes : 'The first shyres that agried with them and accepted of thir conditions were the Mers, East and West Louthians.' — Diary, p. 46. He adds, * Obs. the malignants were amonge the first that accepted of thire conditions.' 24 THE CROMWELLIAN UNION [feb. 14 Linlithgow^ and the Burghs thereof, as also for the burgh of Dunbar^ and town of Stefliiig, who are to return theh' answer on Tuesday next.^ The Town of Queensferry hath chosen Will. Dundass, one who the last winter was excommunicated by the Kirk for compliance with us. There are very frequent meetings at the Lord Waristons, to consider how to demean themselves, perhaps, how to frame a dissenting party. Lieut. Gen. Monk goes hence on Monday.^ XX A DECLARATION^ By the Commissioners of the Parliament of England for ordering and managing of the affaires of Scotland. Whereas the Shires of Berwicke, and Hadington, with their respective Burroughs, have by their Deputies declared their acceptance of the tender of the Parliament of the Common- wealth of England, to be one Commonwealth with England, and have also ingaged themselves by their Deputies to live peaceably under, and yeeld obedience to the Authority of the Parliament of the Commonwealth of England, exercised in Scotland. We declare, that the abovesaid Shires and Borroughs are taken into the speciall protection of the Parliament of the Commonwealth of England ; And doe therefore straitly require all officers and souldiers, whatsoever, as all other persons that shall have occasion to travell in the said Shires or Townes, with any of the inhabitants of the same, that they offer no violence nor injury unto the person or goods of any the Inhabitants of the same, nor take any thing from them upon any pretence without satisfaction given to the owners, and with their consent, as they will answer the contrary. And we doe further declare, That the said Shires and ^ February 17. = He left Scotland on February 18.— Firth, Scotland and the Coininonwealth, p. xix. 3 Severall Proceedings in Parliament, Feb. 26-March 4, 165^. E. I^ZKll)^ p. 1972. i652] PROTECTION TO ASSENTING SHIRES 25 Burroughs and the Inhabitants thereof in the comply ance and deportments as aforesaid, shall not onely have all due in- couragement from those in Authority under the Parliament in Scotland, but receive from time to time such testimonies of respect, and favor towards them by way of benefit to the Inhabitants in their libertie, and Trade, and other concern- ment, as shall consist with the present state of affaires here, and the Parliaments Declaration in that behalfe, and as may testifie to them the good acceptance which the Parliament hath of the manifestation of their affections and indeavours for promoting of the said Union. Given under oitr hands at Dalkeith the fourteenth day of Fehru. 1652. Ol. St. John. Ro. Tichborn. J. Lambert. G. Monk. Sir Hen. Vane. Ro. Deane. Rob. Sallaway. XXI COMMISSION TO THE DEPUTIES FOR ORKNEY AND SHETLAND ^ Wee the Sherriffes, heretors, Rentallors and others, Inhabi- Feb. 16, tants of the Sheriffdome of Orkney . . . [obliterated'] selfes and . . . [oUHerated] behalfe of y^ heretors, Rentallors and other Inhabitants of the Islande of Zetland beinge a third part of our Shyre Hand made and constitute likeas wee for our selues and in name foresaid by theis p^sents constitute ]\P Georige Ruthavene and John Craigie our Comissioners to the effect vnder written. Giveand, grantand, and comittand vnto theme our full power warrand and Comission for vs and in our name and in name and behalfe of the said heretors, Rentallors and others Inhabitants of the Islands Zetland, to pass to y® Towne of Dalkeith where they are appoynted to come to the right hono^'^ the Com'"^ direct from y^ Parliament of y^ CoiTion wealth of England, In reference to that obedience due to 1 Portland MSS., N. xx. 198. The cromwellian union [feb. 17 them w**^ rest of the Shyres of this nation as they haue done or shall doe in satisfaccon to theire orders, and there to repre- sent to theire hono""^ the sad and desolate Condicon of this poore Shyre, in testimony whereof wee haue subscribed these p''sents at Kirkwall in Orkney the sexteene day of February 1652. Keith, etc., subscribed by 28 more. Vera copia : Jo. Phelpes, Sec''. Endorsed : — Cofhission of SJieriffdom of the Islands of Orkney, Zetland. Geo. Ruthveax, Jo. Craigie, Mar. 13, 1651 : read and allowed. I Deputies. XXII A NEWSLETTER^ From Dalkeith, February 17. In Fife, the meeting for chusing of their Commissioners, being (for the most part) composed of fiery Kirkists, refused to suffer the Commissioners Summons to be read, but have as a Committee of war, appointed two of their temper to come to Dalkeith, by vertue of old Powers.^ Argile is still at work among the Highlanders, in hope to make them firmly his own. The Ministers take upon them to talk lowdly (and that is all they will be able to doe) against the declarations of the Parliament and the Commissioners, and ^ Merciirius Politicus, Feb. 19-26, i6$\. E. 655 (17), p. 1440. 2 ' The committie of the shyre of Fyfe, being mett att Cuper, did chuse foure gentlemen, viz. the Lord Balcomie, Lord Durie, Laird of Ayton, and Mr. James Hay (sometime Laiid of Forrett) to repaire to Dalkeith in Louthian, and to treat (anent things concerning the said shyre) with the English commissioners, wha are coming from the parliament of England to settell the affairs of this kingdome. Some, not being content with thir, did chose others. This was done two or three severall tymes, bot at lenth, the L. Durie and the comis of St. Androus, Mr. Will. Bruce, were chosen.' They got 'an absolute comission, because all limetit comissions were cast over the barr.' — Lamont, Diary y pp. 43, 46. 1652] OPPOSITION IN FIFE they intend this week to have a very great meeting at Eden- burgh} Upon the 10 Instant, Capt. Wheeler^ Admirall of our Fleet that was bound for Orkney^ arived there, and landed (together with Collonel Cooper^s, Lieut. -Colonel) 800 men : Also, the 11 instant, Colonel Overton arived there from Caithnes, so that (blessed be God) wee are in possession of that place,^ to our great advantage, notwithstanding the late great stormes. Three of the Ships designed for that Service were cast ashore in the north, but the men are all saved. XXIII ASSENT OF LINLITHGOW (bURGH AND SHERIFFDOM) AND QUEENSFERRY^ Wee, Walter Dundas younger of Dundasse, Geo. Dundasse Feb. 18, of Duddiston, Claudius Hamilton in Linlithgoe, William Dundasse of Lawflott, being Comission*"^ and deputies by the Herritours and Rentallers of the sherifFdome of Linlithgoe, by the burgesses and neighbours of the broughs of Linlithgoe and Queenes Ferry w*^in y® af^said shire, doe on the behalfe of our selues and those rep^'sented by v^ declare our free and willing acceptance of, and Consent unto y® Tender made by y® Parlym* of the Comon Wealth of England, that Scotland bee Incor- porated into and made one Coinon Wealth w*^ England, that thereby the same Gouerm* y* is Established in England w*^ out King or Howse of Lords und"* y® Free State and Comon Wealth of England may bee deriued unto y^ people of Scotland, and wee desire y* y® people of England and Scotland may bee repre- sented in one Parlyam* and Gouerned by theire Representatiues therein as y® supreeme authority of y® whole Iseland, and in the meane tyme till this bee made practicable. Wee promise y* wee shall live peaceably und"* and yeald obedience to the 1 The meeting is described both by BailHe {Letters and Journals^ vol. iii. p. 173) and Blair {Life, p. 292). 2 Cf. letters on this expedition in Firth, Scotland and the Commonwealth^ pp. 34, 36. 3 Portland MSS., N. xx. 121. 28 THE CROMWELLIAN UNION [feb. i8 authority of Comon Wealth of England exercised in Scot- land, and moreover wee shall bee ready from tyme to tyme to offer wee shall conceiue requisitt for bringeing to effect the said vnion and settlem^ w*^ speed and best satisfaccon to both Nacons. In Wittnesse whereof wee haue subscribed these presents att Dalkeith the 18 of February 1652. Walter Dundasse. Claudius Hamilton. William Dundasse. Vera Copia : J o. Phelpes, SeC. Endorsed : — Burrough of' L'mlithgoe, Queensferrey. Deputies ansioeare to the Conf^ proposicons, Li7ilithgoe shire one onley Deputy subscribing', resolued satisfactory as to y" Burrough hut not as to y^ Shires. Febyl^,\Q5% XXIV A NEWSLETTER^ Sir, — Several Deputies being sent from other parts, fully instructed, to the Commissioners of Parliament, but some obstructions falling in from this shire, and some others, through the factious workings of the Presbyterian party, who are more malicious than the very Cavalier party against us, daring even to speak sleightly, and with scorn some of them, against the Parliaments Declaration, and would injure the repute of the Commissioners (whose fame stops the mouth even of malice), there is to be another meeting at this City. For there were sent only one for the shire ; and one for the City, when two were sent for from each. The last Lords day some Presbyterian Ministers and Elders met, and had debates touching that branch of the Parliaments Declaration, That their constant indevoiirs shall bee for the advance of the glory of God, to promote the preaching of the ^ Severall Proceedings in Parliament ^ Feb. 26-March 4, 165^. E. 793 (37), p. 1970. 1652] PRESBYTERIAN PROTESTS 29 Gospell in Scotland.^ And it is conceived that they will draw up some propositions to present to the Commissioners from the Parliament of England, for fain they would have the ruling power in Church affaires.^ But certainly the more men are self-seekers, and lift up themselves, the lower God will throw them down, and disappoint them. But let us advance Gods glory, not seek great things for our selves, but relieve the oppressed, do righteously, and doubt not but God will give us his blessing. Edenburgh, 21 Fehrua, 1651. XXV A NEWSLETTER^ Honoured Sir, — Fehruary 10. The Deputies had audience from severall Feb. 21, shires and Burroughs in Scotland by our Commissioners, and have then and since been treated with. Those from Peebles^ SalkirJce, Roxborougli and other places, as came without full power of submission, were dismist, for there will be no delays admitted in this businesse, but laws given out, and a Govern- ment speedily settled. The Commissioners from Berwick and Haddington^ with their respective Burroughs, came better authorised and instructed from the Shires, the inhabitants whereof declared by Papers * present by the said Deputies ; That they doe freely and thank- fully accept of the tenders of the Parliament of the Common- wealth of England, expressed in their Declaration, as also the Declaration of them their Commis. in that they doe declare ; That they wil endeavor to advance the glory of God, and promote preaching of the Gospel, and true Religion, and that the Parliament have declared that Scotland shall be incor- 1 From section i. of the Parliament's Declaration of October 28. 2 The endeavour to obtain at this meeting what Blair calls a 'joint testimony against the enemy,' and a protest against the proposed union, failed. Cf. his Life, p. 292, and Baillie, Letters and Journals, vol, iii. p. 173. 3 Severall Proceedings in Parliament, Feb. 26-]\Iarch 4, 165^. E. 793 (37), p. 1971. "* Nos. xiv.,etse(j. 30 THE CROMWELLIAN UNION [FEB. 21 porated into, and become one Commonwealth with England ; and have engaged that all such persons out of exception of the Scotish Nation, who shall be disposed to concur with, and promote the ends declared by the Parliament, shall be taken into protection of the Parliament, and enjoy their liberty and estates, as other the free people of the Common-wealth of England. The Commissioners from the Parliament of England, after conference with them, delivered unto them this Declaration ^ herewith sent and inclosed. The Deputies were sent back to Dunbar, Sterling, and Linlithgow shires, and the Burroughs of Sterling, Edenhurgh, and Dunbar, some coming single, whereas there should be two from each shire and Borough, and others not fully instructed. Some of the Deputies have been with the Lord Wariston, before they came to our commissioners, but their jugling we hope will not prevail to deceive us, fore-warned fore-armed. Some others have been treated with, and those that come with Instructions to conclude according to Order, have the like Declarations with the shires of Barivick and Haddington. The Commissioners manage things with great wisdome and discretion. Dalkeith, 21 Febru. 1651. XXVI ASSENT OF DmiFRIESSHIRE ^ Wee the Deputies of the shire of Dumfreise doe on y^ be- halfe of our selues and them rep''sented by us declaire our free and willing acceptance of and Consenteing vnto y^ tender made by the Parlyam* of the Comon Wealth of England That Scotland bee Incorporated into and made one CoiTion Wealth w*^ England That thereby the said Gouerm* y* is Established in England w^^ out a King or Howse of Lords und"^ y^ free State and Comon Wealth of England may bee deriued vnto 1 No. XX. supra. 2 Portland MSS. , N. xx. 90. DUMFRIESSHIRE'S ASSENT 31 people of Scotland. And wee desire y* people of Eng- land and Scotland may bee rep^'sented in one Parliam* and Gouerned by theire representatiues therein as the supreeme authority of the whole Iseland. And in the meane tyme till this bee made practicable wee promise y* wee shall line peace- ably und"^ and yeald obedience to y^ authoritie of y® Comon wealth of England exercised in Scotland, and moreouer wee shall bee readie from tyme to tyme to offer w* we shall thinke requisitt for bringing the said vnion and settlem* to effect w^^^ speed and best satisfaccon to both Nacons. In Wittnesse whereof wee haue subscribed these p'^sents att Dalkeith the 23^ day of Fehy 1652. James Johnstoun. G. Blare. Vera Copia : Jo. Phelpes, Secv. Endorsed : — Dumfriese shire Dejnities Answear and assent Fehy 23*^, 1651 : read and allowed. XXVII ASSENT OF THE HERITORS AND OTHERS OF HADDINGTONSHIRE ^ Wee the noble men Tutors and Curators of Minors for and Feb. 23, on behalfe of our pupills Heretours fewars and Rentellors within the sherriffdome of Haddington whose names are sub- scribed Doe declare our free and willinge acceptance of and consent vnto the Tender made by the Parliament of the Comon wealth of England, That Scotland be incorporated into and made one Comon wealth with England, that thereby the same goument that is established in England without Kinge or house of Lords vnder the free estate and Comon wealth of England may be derived vnto the people of Scotland. And wee desire that the people of England and Scotland may be represented in one parliament and gouned by theire represen- 1 Portland MSS., N. xx. 78. 32 THE CROMWELLIAN UNION [FEB. 23 tatives therein, As the supreame Authority of the whole Hand And in the meane tyme till this be made practicable wee pmise that wee shall live peaceably vnder and yeild obedience to the authority of the CoiTion wealth of England excercised in Scotland. And moreover wee shall be ready from tyme to tyme by our Com"^^ to offer what we shall con- ceaue requisite for bringinge to effect the said vnion and settlement with speed and best satisfaccon to both nations, and this wee doe cordially and freely of our selues the more to manifest our good likinge. Allowance and apbation of the declaracon given by o"" deputies unto the right hono^^® the Comissioners of the Parliament of the Cornonwealth of Eng- land for orderinge and managinge affaires in Scotland to the effect aforesaid. At Haddington in a full and frequent meetinge of the shire the 23*^ of February 1652, John Awchtmowtie, Gosford. George Lovinge of Salcotts. Home, his Curator, Consdall. BiiouNE of Coilstoune. George Broune of Colstoune, younger. George Wood, Portioner of Stantin. Robert Lander, portioner of Westbarns. WiLLM KiRKEWOOD, portioi^ 4«- [sic], Westbarnes. Ar°. Turnbull, portioii of tranent. M*^. Johne Dowgall of Nun- land. Ja. Inglis, at Seaton. W. Baxter, at Seatonne. WiLLM. Bailliye, porcdner in Tranent. Ro^ Sandilands, porconer in Tranent. KiNGSTOUNE, Sgg. JoHNE Sinclair of Hermis- toune. George Seaton of Hailes. M. I. S. Serrie of Reachlin. J. S. [?] Auchmowtiy, of Gos- furd. Patrick Halliburton of East Seaton. A. AVooD, portioner of Had- derwick. WiLLM. Hyvk of Markle. W. HOMSONE. L. Hopper of Burhowses. LiDDELL, porconer of wastbarnes. M". Cornelius Inglis of East- barnes. Brisson, in Eastb. Robte. Aldinston of wester Adinston. Arciibald Pairves, feuar in tranent. 1 6s 2] LINLITHGOWSHIRE'S ASSENT 33 Jacob Jncolsone, fewer in tranent. TATr^iJi: EwLZT [sic]. Thomas Craig, fewar in tranent RoBTE. PuRVES, fcwar in tranent. Patrick Cunditt, fewar in tranent. JoHNE CowAXE, fewar in tranent. Thomas Waddell, fewar in tranent. W^' Cairxer, fewer in tranent. Brishowen Elybaxk. Cranstouxe Mackgill. J. S. Hepburxe of Alderston. M. B. [?] Samixgtouxe. G. Home of IFurd. JoHXE Seatoxe of barn. M. W'-^' Hop of Aberlady. JoHNE Lord of Elphingsto. G. Dixox of Hedderweck. Patrick Quhitlaw of that Ilk. Thom. Turxebull of Skedbus. Robte. Setoun, fewar. Pa'jrick Hepburxe of Monk- rig. Ja. Milxer of Gurlabank. Patrick Browxe, porconer in ningate. Th. Ramsay of Sansyd. James Smith in Winhunt. Andro Coryser of Fenton- barnes. Robte. Yemoux, fewer in nin- gait. Robte. Prixgill, Blacksmith. Richard Quhytlaw, feir of that ilk. Cattoxxe, fewer in nonn- tait. Vera Copia Jo. Phelpes, Seer. XXVIII ASSENT OF THE HERITORS OF LINLITHGOWSHIRE^ Wee the Gentlemen and Heritours of the SherrifFdome of ^^q;^^' Linlithgoe doe declare hereby That wee doe approue of y® Consent giuen by Walter Dundasse, younger of Dundass, our CoiTiission'" by our Warr" in y® Name and behalfe of us unto the tender made by the Parlyam* of the Coiiion Wealth of England, that Scotland bee Incorporated into and made one CoiTion Wealth w*^ England That theireby the same Gouerm^ that is Established in England w^^out a King or Howse of Lords und"* the free State and CoiTion Wealth of England may bee derived vnto the people of Scotland, and that wee will in the meane tyme Line peaceably und"" and giue obedience vnto the authoritye of the Parlyam* of the Comoii Wealth of ^ Portland MS S., N. xx. 74. 34 THE CROMWELLIAN UNION [fee. 23 England exercised in Scotland as the Copie of the paper of assent signed by him produced before vs beares and doth hould the same as firme and stable and obligatorie to \s as if it had beene done w^^ Concurrance of George Dundasse of Duddingstone ^ our other Comission'" and signed by him. Ex- tracted forth of the records of our writeings by Master Andrew Kerr our Secretarie att our Comand and Signed by him att Linlithgoe the twenty third day of Feb^' 1652. Alek. Kerr, etc. Vera Copia : Jo. Phelpes, Sec*". Endorsed : — Linlithgoe shire Theire assent to the Parlyam^^ tend'' Fehy 24, 1651 : read and allowed. XXIX REASONS FOR THE DISSENT OF GLASGOW ^ Wee the deputies of the Burgh of Glasgow haueinge seriously pondered the tender made vnto us by yo^ Hon'"^ And how much it concernes vs to be single in a matter of that importance ; After some weake endeauo""^ vsed by vs to know the Lords mind anent the same, here most humbly begg leive to represent our dissent, as beinge vnsatisfied in our conscience to conceive therein And that not from any politicke designe, nationall or personall prejudice or tenaciousness of things which wee account alterable. Wee doe not insist vpon the way yo"* ho"^^ are pleased to take though it wants not ground of stumbling to do, that in a matter concerning the whole nation, there should be no Comune con- sultacon allowed But theise things doe more neirly concerne our conscience, which wee humbly offer to be considered. 1. Wee who haue had all divine and human Rights to propties and to a selfe disposing power of o^ owne governm* And also haue had the governem* of our Church set led, and haue found gods sensible blessing accompaning the same ; Let it be considered, if wee can actively consent to such a tender ^ J. P. for Linlithgow in 1656. — Firth, Scotland and the Protectorate^ p. 314. 2 Portland MSS. , N. xx. 102. A portion of this document is printed in Hist. MSS. Comm. Kept., xiii. pt. i. p. 628. GLASGOW^S DISSENT 35 by which all theise in our apprehension may be destroyed, And so make our selues guiltie of all the blood and treasure has bene spent in promotinge the worke of Reformacon, If so be wee returne by our owne consent to put it without governement, Covenant or what has followed vpon them. 2. Because our acceptance of the incorporacon as it is cir- cumstanced and holds forth in the declaracon, involues vs as wee conceive for the approbacon of the Parliament of England's disposing vpon all thats neare or deare vnto vs and of the grounds vpon which they goe in relacon thereto, which wee cannott in our consiences approve. 3. Because it doth by necessary and cleir consequence estab- lish in the Church a vast and boundles toleracon of all sorts of errour and heresies w^^out any efFectuall remedie for suppressing the same ; notw^tanding that there bee the same morall and perpetuall obligation vpon vs to suppress and extirpate heresie no less then profanenes : Lykeas this declaracon doe allow diverse wayes of worshipping God vnder the name of Gospell wayes. 4. Our consent is sought to an incorporacon, and yet no tyme nor way propont when such a thing may be made efFectuall, nor any plott or draught of it holden forth, But wee engaged to approue wee know not what, As also to giue obedience to the Comon wealth of England for the tyme whereby wee haue no accesse to desire either the priviledges which may be supponet to come by this tender, or to haue any hand in framing the mould thereof. If it should come, But bind vpp our selves from haueing any governem* at all, but what shall be derived to us. Jo. Graham. Jo. Spreule.^ Vera Copia : Jo. Phelpes, Sec^. Endorsed : — Glasgow Burgh Deputies Dissent, 24 Feb^ 1651. ^ Graham and Spreule were respectively late provost and town clerk of Glasgow. Glasgow was the first town to send Commissioners to Dalkeith. In consequence of its refusal to accept this Tender nine companies of horse and foot were sent to it (Nicoll, Diary, p. 89). New Deputies were appointed, namely James Pollock and Walter Neilson, who accepted the Tender on March 13 {infra, No. xcvii.), after which the town was allowed to elect its magistrates (Records of the Burgh of Glasgow, 1630- 1662, p. 220). Cf. Eaillie, Letters and Journals, vol. iii. p. 175. 36 THE CROMWELLIAN UNION [feb. 24 XXX ASSENT OF WIGTOAVN^ To the right Hono^^^ the Com'-^ of the Parlyam* of the Comon Wealth of England for Ordering and Manage- ing affaires in Scotland. 24 Fehy 165i Feb. 24, Hauing receiued a pap"^ from yo"" Honn"^ conteyneing three articles whereunto I was to retourne a full and free answeare as Com"" for the towne of Wigton w^^ I doe as folio weth. That for my selfe and in name and behalfe of those whome I rep''sent I doe declare that wee hold the ^Tiiteing and Incor- porating of England and Scotland into one Com on Wealth vnd"^ one supreeme authority the same priviledge and Interest the excellent blessings of God and most desireable condicon for the peace securitie and happinesse of the whole Iseland that men on earth are Capable of, and that seeing the Parlyam* of England by the power putt in theire hand by the soueraigne providence of Almighty God who disposeth of the Dominions of the Earth att his pleasure hath resolued to Incorporate this Nation w^^ theire owne Comon Wealth and to haue one Repre- sentatiue for the whole Iselland w^^out King or Howse of Lords and haue tendered the same by theire Comission''^, Wee doe accept of the tender made theireof and doe acquiesce thereunto being allowed such iust and Comon Interests as is consisting w*^ the Nature of this vnion and seemes to bee the Intent and Ends of yo"^ Honn*"^ in this tend*" held forth. As to the seacond, concerning obedience to the authority of the Parlyam* of England in the meane tyme exercised in Scot- land : In behalfe of my selfe and y^ Inhabitants of the aboue said Towne retourne this answeare, that in the mean tyme vntill the perfecting of the said vnion, wee will line peaceably vnd"^ and giue obedience vnto the authoritye of the Parlyam^ of the Comon Wealth of England exercised in Scotland. ^ Portland MS S.y N. xx. I22. 1652] WIGTOWN'S ASSENT 37 As for the third wee shall bee ready to offer such proposicons as may Conduce for the full effecting of the vnion. As for other ouertures in refi'erence to the full accomplish ni^ of a perfect vnion and layeing foundacon thereof to all Generacons we shall being required by yo"" Honn""^ offer our Judgm*^ R Lyan. Ve7'a Copia : Jo. Phelphes, Sec. Endorsed : — Burrough of Wigton the 24 of February 1651 answeare of Deputiey. XXXI ASSENT OF THE SHIRE OF WIGTOWN ^ To the r* Hon^^« the Comission" of the Comon Wealth of England for ordering and managing Affkirs in Scotland. Haveing received a paper from yo"^ Honn^^^ Conteyneing three Feb. 24, Articles whereunto wee were to retourne a full and free answere w*^^ wee doe as followeth. That for our selues and in Name and behalfe of those whome wee rep^'sent doe declare that wee hold the vniteing and Incor- porateing of England and Scotland into one Comon Wealth vnder one supreeme authoritye the same priviledges and Interests the excellent blessing of God and most desireable Condicon for the peace security and happinesse of y^ whole Iseland that men on Earth are Capable of, and y^ seeing the Parlyam^ of England by y^ power putt in theire hand by the Soveraigne providence of Almighty God who disposeth of the Dominions of the Earth att his pleasure hath resolued as wee Conceive to Incorporate this Nacon w*^ theire owne Comon AVealth and to haue one Rep^sentative for the whole Iseland w^^out a King or howse of Lords and haue tendered the same by theire Comission'^^ Wee doe accept of the tender made thereof and doe acquiesse thereunto, wee being allowed such iust and Comon Interests as is Consisteing w^^ the Nature of this Vnion and seemes to vs to bee the Intent and End of yo"^ Honn"*^ in this tender held forth. 1 Portland MSS., N. xx. 75. 38 THE CROMWELLIAN UNION [FEB. 24 As to the seacond concerning our giiieing obedience to the author itye of the Parliam^ of England in the meane tyme exercised in Scotland Wee retourne this answeare That wee shall in meane tyme so vntill the perfecting of the said vnion live peaceably vnd'^ and giue obedience to the authority of the Parliam* of the CoiTion Wealth of England exercised in Scotland. James Macdowall.^ Andrew Agxew.^ As to the third Wee shall bee ready to offer such proposicons as may Conduce for the full effecting of the vnion and for (the present). Wee shall onley offer these two cheife desires to y^ End the p^'sent Tender mav w^^ more Cherefullnesse bee accepted by the generallity of this Nation First that y® protestant religion as it is preferred in Scotland in Doctrine Worshipp and Disipline bee in noe sort Innovated or altered but established and confirmed by the supreeme authority of this Iseland, and Seacondly that to the End the people of this Land may p'"sently tast of the sweate fruighte of this vnion That all the forfeitoures and confiscacons bee taken of by an Act of favo^ whereby all good people Lovers of peace may bee Induced w^^ the more alacrity and security to Embrace the Tender. As for other overtoures in Refference to y^ full accomplishm* of a perfect vnion and laying a firme foundacon thereof to all Generacons wee shall being required by yo'" Honn*"^ offer our Judgments. Ja. Macdowall. And. Agxew. Ve7'a Copia : Jo. Phelpes, Sec''. Endorsed : — Wigton Shire Answeare of Deputies allowed, etc., Feby 24, 1651. Sir James Macdowall, or Macdougall, of Garthland, - Of Lochnaw. 1652] DUMFRIESSHIRE'S PROPOSALS 39 XXXII A NEWSLETTER^ Dalkeith, February 24 There 's nothing stirnng at present ; the late meetings are Feb. 24, all at an end, the persons retiring to their own homes : the Gentry and Nobility are in an extream Agony, and perplexity, not knowing what to think or do in relation to their state : Several of those who are now come from the Shires, but especially from the boroughs, bring two Commissions with them ; the one signed to please the Ministers, expressing that nothing be done prejudicial to the Covenant; the other ful and ample to do al things conducible for the setling of the Nation. Several of the great ones are now pressing their Tenants for a years rent before-hand. XXXIII DESIRES OF DUMFRIESSHIRE^ The desires of the Comissioners of the [shire] of Dum- Feb. 25, freis to the hono^^^ Comissioners the Parliam* of the Comonwealth of England for Ordering and Manageing affaires in Scotland offered to promoue the vnion with satisfaction to the people of the said shire. First they desire for quieting the consciences of many Godlie people who haue the oath of God vpon them, for mainteyneing the present gouernem* of the Church of Scot- land vntill the authouritie w^^ established it doe change it. That a Nationall assembly be called wherein by free debate the necessitie of tollerating such as desire to serue and worship God in another Gospell way may be evinced. 2. That all such who add erronious tenets contrarie to the Articles of the confession of faith to their worship may be 1 Mercurius Politicus, Feb. 26-March 4, 165^. E. 655 (23), p. 1456. 2 Portland MSS., N. xx. 105. 40 THE CROMWELLIAN UNION [FEB. 25 denyed free exercise of their profession and the Countennce of . . [torn] Magistrate. 3. That all such who haue bin in Armes in obedience to the Lawe of the Land (although in opposition to the Par- liam* etc.) or haue bin aydeing assisting or abetting to these wars, being warranted by the supreame authoritie for the time, may be declared free of forfeiture and confiscation of Lands and g[oods] Provided they take the Engagem* within dayes after notice. 4. That all Prisoners takeing the engagem^ be released. 5. That a time be condiscended vpon for perfecting the vnion and admitting the representatiues of the Nation to the Parliam* and that the CoiTion wealth may haue a name Comon to and Comprehendinge both Nations. 6. That the Deputies of sheires who haue or shall accept of the Vnion may be ordained to meete together to prepare and propone Ouertures for bringing the Vnion to effect, and that in the interim In place of trust men may be set vp by aduice of the said Deputies who may administer Justice Criminal and Ciuell according to the knowne Lawes and customes of this Land. 7. That some tast of the sweetenes of peace and vnion may presentlie be giuen to the people by remoueing soe many of the Souldiers as yo*" hono^^ prudence and securitie will allowe and abate proportionallie the vnsupportable assessm^ The Desires of the Comissioners of the shire of Dumfreis to the hono^^*^ Comissioners of the Parliam^ etc. In respect to the said shire. 1. Seing the valueation or booke of rates of the said shire is singular in twoe respects. First as comprehending the Tithes payde to preachers exempted from burthen, as being according to the value of Lands in an° 1643, By w^^ meanes the sheire is more impouerished and exhausted then any other, It is humbly desired that an Order be granted to men of consc[ience] and integritie to report the true value of the Lands they at present pay that the Sesse may bee 1652] ABERDEENSHIRKS PROPOSALS 41 proportiond to the abillitie of the Countrey and equalled with their neighbouring Counties. 2. That those in the sheire who enioy Heritable priuiledges for seruice done to their Countrey takeing the engagem* may be protected and established in them. 3. That anie office of Judicature Collection of Sesse Seques- tracion (if any be) Raiseing of border customes etc may be disposed vpon by the [ajduyce of the Trustees of the said Sheire. 4. That the like fauours w'^^ the submission of other Counties shall encourage the Comissioners of the Parliam* etc. to bestowe vpon them may be extended to the Inhabitants of the said sheire. 5. That any Inhabitant of the said sheire who hath accepted of the tender in their acceptation may not suffer in their Lands lyeing in other Counties w^^ shall not giue satisfaccon to the Com[missioners]. Endorsed : — Dumfreis shire. Feb. 25, 1651, Pa^er of Desires from the Deputies. XXXIV ASSENT AND DESIRES OF ABERDEENSHIRE ^ To the right hono^^^ the Comission'"^ of the Parliam* of the Comon wealth of England for managinge the Affaires in Scotland. The Answere of the Deputies of the shire of Aberdeene to ye ppositions tendered by the said Comissioners to them. Forasmuch as by order from the Comissioners of the Par- Feb. 27, liament of the Comon wealth of England for orderinge the Affaires of Scotland The gentlemen Heretors and Rentellers of the Shire of Aberdeene haue authorized vs John Odny- of that like and James Baird of Auchmedden Deputies for the said shire of Aberdeene to repaire hither to Dalkeith to attend the said Com""^ for that effect. And now the Com'"'^ aforesaid haveinge delivered to vs y^ declaracon of y^ Parliament 1 Portland MSS., N. xx. 91. ^ John Udny of Udny. 4^ THE CROMWELLIAN UNION [feb. 27 of the Comon wealth of England concerninge the settle- ment of Scotland. And haveinge alsoe desired our positiue Answere to be given in in writinge this day as to the acceptance to the Parliaments Tender in the second Article of theire Declaracon and to the other thinges conteyned in theire paper of the 24*^ of this Month, wee doe retourne this Answere, As to the Tender of the second Article whereby it is declared that Scotland shall and may be incorporated into and become one Comon wealth with England whereby the same goQment that is established there and enioyed by the good people of that nation vnder the free estate and Comon wealth of England as it is now setled without Kinge or house of Lords may be derived to the people of Scotland, wee doe accept of ys Tender and doe accquiesse thereto. Wee alsoe declare we will in the meane tyme live peaceably vnder and giue obedience vnto the Authority of the Parlia- ment of ye Comon wealth of England exercised in Scotland. JoHNE Odny. James Baird. And as to the third pposition that this Vnion may be brought to effect with satisfaccon to the people of Scotland wee doe humbly desire that a perticuler tyme may be agreed vpon for perfectinge the vnion And further that it be declared by the Authority of the Parliament of the Comon wealth of England That for the future this nation is to be ptected in the exercise of the true ptestant Religion in the enioyment of theire owne lawes in the freedomes of theire persons and in the right and ppertie of theire estates and goodes and an Act of grace and favor extended for bygones to all the people who shall consent to this Vnion. And in pticular That all forfeitures Confiscacons and sequestracons be taken of and discharged the prisoners released the burthen of the Sesse eased and a considerable party of the forces removed as yo*" hon*"^ shall thinke fitt. And in regard of the greate Import- ance it will be for the good of this whole nation in the right orderinge of the Civill Judicatories, It is humbly desired that those Judicatories and Judges and tymes of meetinge may be setled by Advice of the whole nation or theire 1652] BANFFSHlRE^S PROPOSALS representatives And that the Mint may be reestablished. And because many other thinges will be necessary for pfectinge of this Vnion which cannot for the p*"sent be thought vppon by vs, Wee doe desire that a select number of fitt persons may be authorized from the body of this nation to meet with y^ Comission®'^^ of the Parliament of the Comon wealth of Eng- land for that effect and a pticular tyme appoynted for that meetinge. JoHNE Odxy. James Baird. Vera copia : Jo. Phelpes, Sec. Endorsed : — Aherdeene shire Deputies assent. February 27, 1651. XXXV ASSENT AND DESIRES OF BANFFSHIRE ^ To the right hono^*^ the Comission''^ from the Parliament of the Comon wealth of England for the managinge the affkires of Scotland The Answere of the Deputies of the Shire of Banff* to the Articles tendered by the said Comissioners to them. For as much as by order from the Comission''^ of the Parliam* Feb. 27, of the Comon wealth of England for orderinge the affaires of Scotland the gentlemen heritors and Rentallers of the Shyre of Banffe haue authorized vs W alter Ogilbye of Boynde ^ and Doctor Alexander Douglas of Downies Deputys for the Shyre of Banffe to repaire hither to Dalkeith to attend the said Comission'^^ to that effect And now the Comission"^^ aforesaid haveinge deliued to vs the declaracon of the Parliament of the Corhon Wealth of England concerninge the settlement of Scotland and havinge alsoe desyred our positive Answere to be given in writinge this day as to the Acceptance of the Parlia- ments Tender in the second Article of the declaracon and to y® other thinges conteyned in the paper of the fower and Twentieth of this Moneth wee doe retourne this Answere. As to the tender of the second Article whereby it is declared 1 Portland MS S., N. xx. 84. 2 Sir Walter Ogilvy of Boyne. 44. THE CROMWELLIAN UxXION [FEB. 27 that Scotland shall and may be incorporate into and become one Comon wealth with England whereby the same gou'^ment that is established there and enioyed by the good people of that nation vnder the free estate and CoiTion wealth of England as it is now setled without Kinge or house of Lords may be derived to the people of Scotland, w^ee doe accept of the Tender and doe acquiesse thereunto, Wee alsoe declare wee will in the meane tyme live peaceably vnder and giue obedience to the Authority of the Parliament of the Comon Wealth of England exercised in Scotland. W. Boyxe. A. Douglas, Jn"". Ve7'a copia : Jo. Phelpes, Sec''. As for Answeare to the third, that this Vnion may be brought to effect to the satisfaccon of the people of Scotland we doe humbly desire that a pticuler tyme may be agreed vppon for perfectinge the Vnion And that it be declared from the Authority of y^ Parliam* of the Comon wealth of England that for the future this nation is to be ptected in the exercise of the true ptestant Religion In enioyment of theire owne lawes In the freed ome of theire persons and in the right and ppertie of their estates and goodes And an Act of grace and favor extended for bygons to all the people who shall consent to this vnion, and in pticuler that all forfeitures confiscacons and sequestracons be taken of and discharged The prisoners released, the burthen of the Cesses eased, a considerable party of the forces removed as yo"" hono'"^ shall thinke fitt. And in regard of the greate importance it will be for the good of this whole nation the right orderinge of the Civill Judicatories, that Judges and tymes of meetinge may be setled by Advice of the whole nation or theire representatives And that the Mint be reestablished, and because many other thinges will be necessary for effectinge this Vnion which cannott for the p'"sent be thought vppon by vs Wee desire a select number of fitt psons be authorised from the body of the whole nation to meete w^^ the Comissioners of the Parliam* of the CoiTion wealth of England for that effect and a perticuler tyme appoynted for there meetinge. Endorsed: — Bam/e Shire Deputies Assent February 27'^, 1651. CULLEN'S ASSENT 45 XXXVI ASSENT OF CULLEN ^ To the Right Honoble the Com^« of y« Pari* of Comon Wealth of England for ordering and managing affaires in Scotland. I undersubscribeing doe in the behalfe of my selfe and the Feb. 27, towne of Scotland represented by mee Declare my willing and free Acceptance of and Consent vnto the Tend"* made by the Parliam* of the Comon Wealth of England That Scotland bee Incorporated into and made one Comon Wealth w*^ England That thereby the same Gouerment that is established in England w*^out a King or Howse of Lords und*" the free state and Comon Wealth of England, may bee derived unto the people of Scotland, And wee desire y* the people of England and Scotland may bee represented in one Parlyam* and Gouerned by theire Representatives theirein as the supreeme Authority of the whole Iseland soe y* the people of both Nacons may Enjoy one Just and Comon Interest, And in y^ meane tyme till this bee made practicable Wee promise that wee will live peaceably vnd"* and yeald obedience to the authority of the Comon Wealth of England Exercised in Scotland, And more- over wee shall bee ready from tyme to tyme to offer w* wee shall thinke requisite for bringeing the said vnion and Settlem* to effect w*^ speede and best satisfaccon to both Nacons. Witnesse my hand att Dalkeith this 27 day of Feb^' 165 J. W^ Wright. Vera copia : Jo. Phelpes, Sec. Endorsed : — Depidie of Cullan Brought his assent, Feb^ 28, 1651. XXXVII ASSENT OF EDINBURGH AND OTHER BURGHS^ Wee vndersubscribed doe in the behalfe of ourselues and Feb. 27, the seuerall Buroughs undermenconed represented by vs declare 1 Portland MSS., N. xx. 126. 2 Ibid., N. XX. 117. \n Severall Proceedings, March 11-18, 165^, E. 794(6), Edinburgh's form of assent is printed under the date March 5. 46 THE CROMWELLIAN UNION [feb. 27 our willing and free acceptance of and consent unto the tender made by Parliam* of the Comon Wealth of England, y* Scotland bee incorporated into and made one Comon Wealth w*^ England, that thereby the same Gouernem* that is Estab- lished in England w^^out a King or Howse of Lords under the free State and Comon Wealth of England may bee derived unto the people of Scotland. And wee desire that the people of England and Scotland may bee represented in one Parlyam* and Gouerned by there representatiues therein as the supreeme authority of the whole Island soe y* the people of both Nacons may Enjoy one iust and Common Interrest, and in the meane tyme till this bee made practicable wee promise yt wee will Hue peaceably ynd"" and yeald obedience unto the authority of the Comon Wealth of England exercised in Scotland and more- over wee shall bee readie from tyme to tyme to offer w^ wee shall thinke requisitt for bringing the said vnion and settlem* to effect w^'^ speed and best Satisfaccon to both Nacons. Wittnesse our hands att Dalkeith the day of Feb^ 1652. for Edinburgh W'^ Thompson and John Milne. for Dundee Rob^ Dauidsone. for Aberdeene Geo. Collen.^ for Montrose James Milne. for Brichan Dauid Donoldsone. for Forfar Charles Thronton. for Aberbrothok Dauid Auchtrlony. for Carell ^ Ninian Hamilton. for Pirth M*" Jo. Paterson. for Bamfe Patrick Stewart. Vera copia : Jo. Phelpes, Sec. Endorsed : — Burghs for Edenhirgh^ Dundee, Aberdeene, Montrosse,Breth'm,^ Forfar, Aherhrotliock, Carrell, Bamfe, Pirth. Dept^'^^ assent, Fehy 27, 165^- : read and allowed. ^ Cf. Extracts from the Council Register of Aberdeen, pp. 128, 129. Thomas Mortimer was appointed to accompany George CuUen to Dalkeith. Crail. 3 Brechin. FORFARSHIRKS ASSENT 47 XXXVIII ASSENT OF FORFARSHIRE^ Dalkeith, 27^^^ Feh^y 165^. For as much as by ord"^ of the Com'^^ of the Parlyam* of the Comon Wealth of England for ordering affaires in Scotland, The Gentlemen Heritours and Rentall'"^ of the shire of Forfer haue authorized us James Lord Carnegy, and Sir Alexand"^ Carnegy of Balnamoone to repaire heither to Dalkeith to attend the said Com^^ for that effect. And now the Com'"^ afforesaid haueing deliuered to vs the Declaracon of the Par- ly am* of the Comon Wealth of England concerneing the settlem* of Scotland, and haueing alsoe desired our possitiue answeare to bee giuen in writeing this day as to the acceptance of the Parlyam*^ tender in the seacond Article of that Declar- acon and the other things conteyned in theire paper of the 24 of this month. Wee doe retourne this answeare as to the tend"* of the second article, whereby it is declared y* Scotland shall and may bee Incorporated into and become one Comon Wealth w*^ England, whereby the same Gouerm* w'^^ is estab- lished there and enjoyed by the good people of that Nation und"* the free State of the Comon Wealth of England as it is now setled w*^out a King or Howse of Lords may be deriued to the people of Scotland, wee doe accept of the tend** and acquiesse therevnto. Wee also declare that wee will in the meane tyme Hue peace- ably und"* and giue obedience to the authority of the Parlyam* of the Comon Wealth of England exercised in Scotland. Carnagy.^ A. Carnagy, Ballamoone. Vera copia : Jo. Phelpes. Endorsed : — Assent Forfer Shire Deputies, Feh^ 27, : read aiid allowed. 1 Portland MS S., N. xx. 8i. 2 James Lord Carnegie, afterwards {1658) second Earl of Southesk. 48 THE CROMWELLIAN UNION [feb. 27 XXXIX ASSENT OF KINCARDINESHIRE^ Feb. 27, We whose names are subscribed, S"^ Gilbert Ramsay of Bal- 1652 . . mean^ and David Falconer,^ Gent., beinge Com'"^ and deputed by the Hereto^s and Rentall""^ of the SherrifFedome of Kincardin doe on the behalfe of o'^selves and those rep^'sented by vs declare our free and willing acceptance of and consent vnto the tender made by the Parliament of the Comon Wealth of England, That Scotland be incorporated into and made one Comon- wealth with England, that thereby the same Governe- ment that is established in England without King or Howse of Lords vnder the free State and Comon-wealth of England may be deryved vnto the People of Scotland. And wee desire that the People of England and Scotland may be represented in one Parliament, and governed by their Representatiues therein, as the supreame Authority of the whole Island, And in the meane tyme till this be made practicall Wee promise that wee shall live peaceably vnder and yeild obedience to the Authoritie of the Comon- Wealth of England exercised in Scotland. And moreover wee shalbe readie from tyme to tyme to offer what wee shall conceaue requisite for bringing to effect the said Vnion and Setlement w^^ speed, and best satisfaccon to both Nations. In witness whereof wee haue subscribed theise p^'esents at Dalkeith the 27^^ of February 165 J. G. Ramsay. D. Falconer. Vera copia : Jo. Phelpes. Endorsed : — Kincardin shyre Deputies Assent, February ^7th, 1651. 1 Portland MSS.^ N. xx. 72, It is printed in Severall Proceedings^ March ii- 18, i65i. E. 794(6). Sir Gilbert Ramsay of Balmain had closely associated himself with the Covenanters in Charles the First's reign. Cf. Douglas, Baronage, p. 34. * Of Glenfarquhar. He was a J. P. for Kincardineshire in 1656. Cf. Firth, Scotland and the Protectorate, p. 313. BURNTISLAND^S ASSENT 49 XL ASSENT OF BURNTISLAND^ I, David Seatoun, Deputed of Brunt Hand, Doe in my owne Feb. 28, name and of those I doe represent. In Answere to ppositions of the Date the 24 February 1651, delivered to me by the hono^'® Comissioners of the Parliament of the Comon Wealth of England. First, I, in my owne name and in behalfe as aforesaid, doe cheerefully assent and accquiesse to the Parliam*^ Tender in theire declaracon, that Scotland be made one Coinonwealth with England, that thereby the same goument that is established in England without Kinge and house of Lords vnder a free state and Comon wealth may be receaved and embraced by the people of Scotland, and holds the vniting of the two nations into one Comon wealth Vnder one supreame Authority haveinge the same Comon priviledges and interests, the excellent blessinge of god. And are much convinced that this through his blessinge can only effect unto the longe desired settlem^ of this Hand in a firme and constant peace. Secondly, wee shall live peaceably vnd'^ and yeeld obedience vnto the Authority of the Parliament of the Comon Wealth of England excercised in Scotland vntill y® Vnion be with con- veniencye and safety rendred practicable. Thirdly, wee shall be ready to tender such ppositions when we shall be required as wee shall conceaue most requisite for bringing to effect the Vnion and settlement with safe speed and best satisfaccon to y® people of Scotland. In witnes whereof I haue subscribed these p^sents w**^ my hand at Dalkeith this 28^^ of February 165J. D. Seton. Vera copia : Jo. Phelpes, Seer. Endorsed : — Brunt Islande Burgh^ Deputies Jssent, February 28, 1651. 1 Portland MS S., N. xx. 127. D 50 THE CROMWELLIAN UNION [FEB. 28 XLI ASSENT OF BUTESHIRE AND ROTHESAY^ Feb. 28, Haueing Received a pap"" from yo"^ Honn'*^ conteyneing three 1652. ^j-ticles to w^^ a full and free answeare was craued, in obedience thereunto I retourne this following. That I, for my selfe and in behalf e of those whome I rep^'sent, Declaire y* seeing the Parlyam* of the Comon Wealth of Eng- land (in whose hands Almighty God who disposeth of all things att his pleasure hath putt y^ gouerm* of the whole Iseland) are yet pleased fauorably to proff'er an Incorporacon of this Nacon w^^ theire owne in one Comon Wealth, and as I Conceive to make a Representatiue of the whole Island w*^out a King or howse of Lords, I for my selfe in y^ name of the shire of Bute and towne of Rothesay, whose Deput^^ I am, doe accept hartely of the said proffer, and am verry well satisfied therew*^ being allowed the same Just and Comon Interests as can best Consist w^*^ the Nature of an vnion w'^^ wee hope is the purpose and end of the tender. As to the seacond concerning the giuing obedience to the authoritye of the Parlyam* of the Comon W ealth of England in the meane tyme exercised in Scotland, Wee shall while the said vnion bee perfected live peaceably und'" and give obedience to the authoritye of the Parlyam* of England exer- cised in Scotland. As to the third, I shall bee ready after my retourne to the said shire and Burgh w*^^ them to offer such proposicons as may best conduce to the perfecting of the said vnion. Jo^ MiGILCHRIST. Vera copia : Jo. Phelpes, Sec''. Endorsed : — Deputy of Bute shire, Rothsea Burgh, assent, Fehy. J^8, 1651. XLII ASSENT OF DUMBARTON^ Feb. 28, I John Smallatt deputed for the Borough of Dumbarton doe in my owne Name and in Name of those whome I doe 1 Portland MSS~1^. xx. 79. 2 ji^ij^ n. xx. 123. 1652] DUMBARTON'S ASSENT 51 rep^'sent in answeare to the three proposicons of the date of the 24 Feby 1652 delivered by the Honora^^^ the Comission''^ of the Parliam* of England to mee. As to the first Article I doe cordially accept and cherefully acquiesce vnto the Parliam*^ tender in theire Declaracon That Scotland bee made one Comon Wealth w*^ England, That thereby the same Gouerm* that is Established in England w*^out King or howse of Lords vnder a free State and Comon Wealth may bee embraced by the people of Scotland, and hold the vniting of the two Nacons into one Comon Wealth and one supreeme authoritye haueing the same Comon Priueledges and Interests The excellent blessing of God, and are much convinced that this through his blessing can only effectuate the long desired settlem* of this Iseland in a firme and constant peace. Seacondly wee shall line peaceably vnder and yeald obedience vnto the authority of the Parliam* of the Comon Wealth of England exercised in Scotland untill the vnion w*^ conveniency and safety may bee rendred practicable. Thirdly wee shall bee ready to tender such proposicons when wee shall bee required as wee shall Conceive most requisitt to effect the said vnion and settlem* w*^ safe speed and best satisfaccon to the people of Scotland. In wittnesse whereof I have subscribed these presents w*^^ my hand att Dalkeith the twenty-eight day of Feb^ 1652 yeare. Jo. Smallatt. Vera copia : Jo. Phelpes, Sec^. Endorsed : — Dumbarton Burgh. Deputies assent^ Feb^ 28, 1652. XLIII ASSENT OF DUMBARTONSHIRE^ By the Deputies of y® shire of Dumbarton. Whereas wee haue receaued the declaracon of the Parlia- Feb. 28 ment of the Comon Wealth of England with another de- ^^^^* 1 Portland MS S., N. xx. 86. THE CROM^^^LLIAN UNION [feb. 28 claracon of the hono**^^ Comission'"^ for orderinge and managinge affaires in Scotland and with them a paper of the Date of the 13 Feb. Instant, beinge therein desired to deliver in writinge a full and cleere Answeare to those Articles conteyned therein. AVee therefore after mature and serious ponderinge the Con- tents of the aforesaid Articles make humble offer of this Retourne : 1. As to the first Article wee in our owne name and those whom wee represent cordially accept and cheerfully accquiesce vnto the Parliam^^ Tender in theire delaracon That Scotland be made one CoiTion wealth with England that thereby the same govment that is established in England without Kinge and house of Lords vnder a free estate and CoiTion wealth may be embraced by the people of Scotland, and holds the unitinge of the two nations into one Comon wealth vnder one supreame Authority haveinge the same Comon priviledges and interests the excellent blessinge of God, who by a longe continued Series of pvidences, in his eminent owneinge all meanes tending to this end and blastinge all oppositions vnto it seemes to hold out this to be his crreate desicjne for the Comon siood of the people of this Hand, and wee are much convinced that this throuo;h his blessino;e can only effectuate the lono^e desired settlement of this Hand in a firme and constant peace which all former tyes and transactions hath come short of because of the keepinge vpp of the distinct interests of tlie two nations. 2. As to the second wee declare that wee shall live peace- ably vnder and giue obedience vnto the Authority of the Parliament of the Comon wealth of England exercised in Scotland vntill the Vnion with Conveniency and safety may be rendered practicable. 3. As to the third wee shall be readie to tender such ppositions when wee shall be required as we shall conceiue most requisite for bringinge to effect the said Vnion and settlem* with safe speed and best satisfaccon to the people of Scotland. In witnes whereof wee haue subscribed theise EDINBURGH'S PROPOSALS 53 p^'sents with o'' hands at Dalkeith the 28^^ of February, 1652. Ja. Hamilton.^ J. Douglas.^ Vera copia : Jo. Phelpes, Sec''. Endorsed : — Dumbarton shire. Deputies assent^ February 28^^ 1651. XLIV DESIRES OF EDINBURGH AND OTHER BURGHS^ To the right Hono^^^ the Comissioners of the ParHam* of the Comonwealth of England for Ordering and Managinge affaires in Scotland. The humble desires of seuerall Deputies from the Bur- roughes vndersubscribed for themselues and in name of the Burroughes whom they represent. That whereas yo"* pef^ haue cheerefullie accepted the pro- Feb. 28, positions contained in yo"* hono^^ tender, and are still willing [as they] shall be enabled to doe everie thing that may promote the happie Vnion of England and Scotland, That therefore [yo"" hono""^] would be pleased for the better effectuate- ing thereof to accept of and condiscend vnto the Overtures and propositions [folio winge]. First that the Protestant Religion may be established in vniformitie throughout the whole Island by advise of the most godlie and learned men of both Nations Conforme to the word of God. Secondlie that not onlie forfeitures confiscations and seques- trations of mens estates be taken of but also that an act of obliuion may be past for all things done in relation to the Last warrs, and that all Prisoners of warr may be with all convenience released. ^ Sir James Hamilton of Orbiston. 2 Possibly John Douglas of Kayston. Cf. Firth, Scotland and the Protectorate, p. 311. ^ Portland J/SS., N. xx. 103. This document is partly printed in Jlist. MSS. Comm. Kept. xiii. pt. i. p. 628, under the date February 25. 54 THE CROMWELLIAN UNION [FEB. 28 Thirdlie that an effectuall Ordinance may be presentlie past, whereby all Merchants and tradesmen may from henceforth enioye their full Liberties and freedomes of trade by sea and Land in all things as free as those in England doe. Fourthlie that the Burroughes of this Nation may fullie enioy their antient Libertie of conveyneing yearelie by theire comissioners for consulting and debateing in the matter of trade and priuiledges.^ Fifthlie that such publique Judicatories as are presentlie to be erected and the Judges that shall rule in them may be made choice of by yo"" hono*"^ with the advise and consent of the Deputies of shires and Burghes nowe appointed to attend yo"^ bono". Sixtlie that for reliefe of the Impouerished and distressed Countrey so many of the forces of Horse and Foote may be remoued as may consist with publique saftie. Seaventhlie that for the advancem* of vertue and enter- teyneing of poore people within this Land Manufactories of all sorts may be erected in the seuerall sheires of such comodi- ties as each sheire best produces. And to that effect that able and well qualified workemen may be induced to come from England and ioyne with those in this Nation in these adventures and undertakeings. And that all encouragem*^ priuiledges and helpes may be tendered to such who shall vndergoe the same. And to that effect an absolute Restraint may be made of transporting Woole, Skinns, Hydes, Yarne or anie of the like comodities till it be put to the best perfection in workemanship within the Island. Eighthlie that some effectuall course may be taken for the advancem^ of the trade of Fishing by wh'^^ trade may be en- creased and the country much enriched. Nynthly that course may be taken for supplie of Coyne that the Minte may be with all conveniencie reestablished. ^ The Convention of Royal Burghs met regularly every year after the battle of Dunbar, except in 1651. From 1652 to the Restoration twenty-eight general and particular Conventions were held. Cf. Records of the Conveniion of Royal Burghs, 161 5- 1676, pp. xi, xii. 1652] EDINBURGH'S PROPOSALS 55 Tenthlie that the Burroughes may be exempted from paym* of cesse in reguard of the totall losse of the trade occasioned by takeing of their shipps and stocks thereon. Eleauenthlie that for promoteing of the happie Vnion be- twixt the two Nations Orders may be emitted by yo'" hono''^ that a new Election may be made through the whole Burroughes of Magistrates, Counsell and other Officers, and those to be knowne to be men of integritie affecting the peace of the Island and such as doth adhere to this present tender.^ Lastlie that some certaine time may be perfixed for perfecting the Vnion. These are without preiudice of other ouertures to be pro- pounded hereafter as time and occasion shall present by Your Honors Humble seruants. Aberbrothock David Ouchterlony. Wigtonne F. Lyan. for Edinbur^*^ W. Thomsone. Pearth M. Palegrave. Dundee Robert Dauidsone. Aberdeen e Geo. Cullen. St. Andrews Ja. Sword. BamfF P. Stewart. Monross James Milne. Jedburgh Ro. RUTHERFURD^ Brichan Dauid Donald[son] Forfar Charles Thorntonxe. Endorsed: — Desires of Deputies of Burghs of Eden- hurgh , Pea rtli, Du iidee, A herdeene, St. A iidrezves, Ba mfe^ Mon rosse, Jedburgh, Brichen, Forfar, Aberbrothock, Wigtoun, Feb. 28, 1651. ^ Licence to elect their magistrates was granted to the Burghs in 1652 so soon as they had accepted the Tender {infra. No. Lii). No municipal elections were held in 1653 and 1654. From 1655 they continued to the Restoration without interruption. 2 M.P. for Jedburgh in 1648. — Foster, op. cit. p. 302. 56 THE CROMWELLIAN UNION [FEB. 28 XLV ASSENT OF LANARKSHIRE^ By the Deputies of shire of Lanericke. Whereas we haue received y^ Declaracon of y^ Parly am* of the Comon Wealth of England w*^ another Declaracon of the Honora^^^ Com"^^ for ordering and manageing affaires in Scotland and w*^ them a paper of the date y^ 27 of Feb''-^' Instant, being therein desired to deliuer in writeing a full and cleare answeare to three Articles therein Conteyned We therefore after mature and serious pondering y^ Contents of the afores^ Articles make humble offer of this retourne. 1. As to the first wee in our Name and those whome wee rep^'sent Cordially accept and CherefuUy acquiesce vnto y® Parlyam*^ tender in theire Declaracon y* Scotland bee made one Comon Wealth w*^ England, that thereby the same Gouerm* y* is established in England w^^out a King or Howse of Lords Ynd"" a free State and Comon Wealth may bee imbraced by the people of Scotland, and hold the vniting of the two Nacons in one Comon Wealth vnd'* one supreame authority haueing the same Comon priueledges and Interest The excellent blessing of God, who by a long continued series of prouidence, in his eminent owneino: all meanes tendeino; to this End and blasteino: all opposicon unto it, seemes to hold out this to bee his greate Designe for the Comon good of the people of this Iseland, and wee are much convined that this through his blessing can only effectuate the long desired settlem* of this Iseland in a firme and Constant peace w'^^ all former tyes and transaccons hath come short of, because of the keeping upp of the distinct Interests of the two Nations. 2. As to the seacond Wee Declare that wee shall Hue peace- ably und"" and giue obedience vnto the authoritve of the Parlyam* of the Comon Wealth of England exercised in Scot- land vntill the Vnion w^^ Convenience and safetye may bee rendred practicable. ^Portland MSS., N. xx. 73. It is printed in Severall Proceedings, March 11 18, i65i. E. 794(6). NAIRNSHIRE'S ASSENT 57 3. As to the third Wee shall bee ready to tend*" such pro- posicons (when wee shall bee required thereunto) as wee shall Conceive most requisitt for bringeing to effect the said Vnion and Settlem^ w^^ safe speed and best Satisfaccon to the people of Scotland. In Witnesse whereof Wee haue subscribed these presents w*^ our hands att Dalkeith the 28 of Feb^ 165J. w"' lockart.^ Geo. Lockhart. Veria Copia : Jo. Phei.pes, Seer. Endorsed : — Lanereeke Shire Deputies Assent, Feh^ 28, XLVI ASSENT OF NAIRNSHIRE^ Wee whose names are subscribed bein^e Comission^ and Feb. 28, . 1652 deputed by the Hereto"*^ and Rentaller of the Sherriffedome of Nearne doe on the behalfe of o'"selves and those represented by vs declare our willing and free Acceptance of and consent vnto the tender made by the Parliament of the Com on wealth of England, That Scotland be incorporated into and made one Comon wealth with England that thereby the same Govern- ment that is established in England w^^out King or Howse of Lords vnder the free state and Comon wealth of England may be derived vnto the people of Scotland And wee desire that the People of England and Scotland may be represented in one Parliament And governed by their representatiues therein. As the supreame Authoritie of the whole Island, And in the meane time till this be made practicall wee promise that wee shall live peaceably vnder and yeild obedience to the Authority of the Comon wealth of England exercised in Scotland. And moreouer wee shall be readie from time to tyme to offer what wee shall conceaue requisite for bringing to effect the said vnion and settlement w*^ speed and best satisfaccon to both 1 Of Lee. 2 Portland MSS., N. xx. 89. 58 THE CROMWELLIAN UxMON [FEB. 28 Nations. In witness whereof wee haue subscribed theise p'"sents at Dalkeith the eight and twentieth day of February 165J. Pat[?] Duxbarr.^ Jo. Rose. Vera Copia : Jo. Phelpes, Sec''. Endorsed : — Nearne shire Deputies Assent, March 2, 1651. XLVII ASSENT OF RUTHERGLEN ^ By the Deputie of the Burgh of Ragland Feb. 28, Whereas I haue received the Declaracon of the Parliam* of I602. CoiTion Wealth of England w^^ another Declaracon of the Honorable Com'"^ for ordering and Manageing affaires in Scot- lande and w^^ them a paper of the Date of the 18 of Feb-' Instant, being therein desired to deliuer in writeing a full and clere answeare to three Articles Contayned therein I therefore after mature and Serious pondering the Contents of the aforesd Articles make humble offer of this retourne. 1. As to the first Article I In my owne Name and those whome I rep^sent cordially accept and Cherefully acquiesce to y® Parliam^ tender in theire Declaracon that Scotland bee made one CoiTion Wealth w^^ England that thereby the same Gouerm* that is Established in England w^^out a King or House of Lords und** a free State and Comon Wealth may bee Embraced by the people of Scotland, And holde the vniting of the two Nations into one Comon Wealth vnd"^ one supreeme authority^ haueing the same Comon priueledges and Interests the excellent blessing of God, who by a long Continued Series of providences, in his eminent owneing all meanes tendeing to this End and blasteing all opposicons vnto it, seemes to hold out this to bee his greate Designe for the Comon good of the people of this Iseland, and wee are much convinced that this through his blessing can onley effectuate the long desired ^ Probably of Ballnaferrie. He sat in the Conventions of 1665 and 1667. Cf. Foster, Members of Parliament, p. 109. 2 Portland MSS., N. xx. 125 1652] ROXBURGHSHIRKS ASSENT 59 Settlem* of this Iseland in a firme and Constant peace w^^^ all former tyes and transaccons haue Come short of because of the keeping upp the distinct Interests of the two Nations. 2. As to the Seacond Wee declare that wee shall line peaceably vnder and giue obedience vnto the authoritie of the Parliam* of the Comon Wealth of England exercised in Scotland Vntill the Vnion w*^ Convenience and safety'^ may bee rendred practicable. 3. As to the thirde We shall bee ready to tender such pro- posicons (when wee shall be required) as wee shall Conceive most requisitt for bringeing to effect the said Vnion and Settlem^ w^^^ safe speed and best Satisfaccon to the people of Scotland. In Wittnesse whereof I haue subscribed these p'^sents w**^ my hand att Dalkeith the 28 of Feb^^ 1652. Andrew Scott. Ve?'a cop'ia : Jo. Phelpes, Seer. Endorsed : — Ragland Burgh Depdies assent, Fehy 28, 165 J. XLVIII ASSENT OF ROXBURGHSHIRE AND JEDBURGH^ Wee vndersubscribed for our selues and in Name and behalfe Feb. 28, 165''. of such as wee rep^sent w*^ in the shire of Roxburgh and Burgh of Jedburgh, doe accept of the Tender made to vs in the Declaracon of the Parliam* of the Comon Wealth of England that Scotland bee Incorporated into and made one Comon Wealth w^^ England, wee being allowed in the said vnion and Incorporacon such Just Interrest as is Consistent w*^ the Nature of the said vnion. Which wee Conceive is the true Intencon of the Parliam^ of England in theire Declaracon, and y* the same may w^^ speed and convenience bee made practicable amongst us. As to the seacond wee declare y* wee will in the meane tyme untill the said vnion bee perfect (w'^^ wee wish may bee done w*^ all Convenience) live peaceably vnd*" and giue obedience to 1 Portland MSS., N. xx. 76. 60 THE CROMWELLIAN UNION [feb. 28 the authority of the Parlyam* of the Comon Wealth of Eng- land exercised in Scotland. Att Dalkeith the 28 of Feb^ 1652. W. Eliott 1 ) Dep*^^« for the shire of Andrew Kerr^ j Roxburgh. Rob. Rutherford I Deputie for the Bur- j rough 01 Jedburgh. Vera copia : Jo. Phelpes, Sec''- Endorsed : — Assents of the Deputies for the shire of Rox- hrough and Burrough of Jedhrough, Feb^ 28, 165 h. XLIX DESIRES OF ROXBURGHSHIRE AND JEDBURGH^ The Desyres of the Deputies of the schyre of Roxburgh and burgh of Jedburgh to the richt hono'^^® the comissioners of the parliament of the comonnwealth of England. Feb. 28, 1- That the protestant religioun as it is professed in Scotland in Doctrine, worschip, and Discipline be establischit be the supreme authoritie of the Hand. 2. That all the foirfaulteris and confiscationnes quhich fallis not vnder the qualificationnes exprest in the Declaratioun be taken otf sutch as sail hartilie joyne themselvis in obedi- ence to the said authoritie and for effectuating the Vnioun. 3. That all prisoneris be releisit, especiallie these within the said schyre and burgh as hes bein prisoneris since Dumbar, thay submitting themseluis to the government. 4. That thair may be sum convenient tyme and place appoyntit quhen and quhair deputies of sutch schyres and borrowes that hes or sail cordiallie give thair assent to the vnioun and incorporatioun of thair repiue schyres and borrowes may meet, and so resolve vpoun fitt overto*"^ and proposeris for 1 ? William Eliot of Stobs. Cf. Fraser, oJ>. ci/., p. I2i. ^ Sir Andrew Kerr of Greenhead. 3 Portland MSS., N. xx. 104. 1652] ROXBURGHSHIRE'S PROPOSALS 61 perfytting the said vnioun, And accordinglie lay doun a firme fundatioun of a happie peace within this Hand, quhich we salbe readie with all integritie and gude afFectioun to doe. 5. That sum inferior iudicatories (in the interim) be satled within the said schyre for administrating justice betuix pairtie and pairties. And siclyk that the said burgh of Jedburgh sail injoy quhat friedome and liberties thay formerlie had In electing of magistrates and exerceing of vther priviledgis. 6. That the border customes of four footit beastis and all vther kynd of merchandize may be dischairged, quhich is a present gude for the Inhabitantis of both sydes of the border. 7. That thair be a present course setled and apoyntit for suppressing the vnsufferable robberies and stouthis^ daylie committit on both sydes of the border. And that thair be a joynt comissioun to sum persones of trust on both sydes quhich wilbe more particularlie cleirit by seuerall articles gevin in be ws to yo^ hono^^ in ane vther paper to that effect. 8. That the articles condiscendit on in former tymes betuix the inhabitants of Beruick and thair about towardis the mouth of the river of Tueid and the inhabitants on both sydes of the said river so far as it runnes in Scotland anent the correspond- ence suld be keipit betuix thame In relationn to the fisching of the said river may be de novo renewit againe, and sutch vther articles as sail be thocht necessarie addit thairto, and personnes of trust appoyntit to sie the saidis articles observed by both pairties. W. Eliott. Androu Ker. Ro. Rutherford. Endorsed : — Desyres from the Deputies of the schyre o^ Rox- burgh and burgh of Jedburgh, Feb, 28, 1651. 1 Thefts. 62 THE CROMWELLIAN UNION [FEB. 29 1652. PETITION OF QUEENSFERRY ^ To the right hono^^^ the Commissioners of the Parliament of England for managing the affaires of Scotland the humble peticion of the Commissioner for the Brough of Quenesferry. Feb. 29, Humbly desireth y* your honoures would be pleased to grant to the brough of the Quen ferry their old and pristin liberties as to the choosing of magistrates and officers for y* Brough either by electing of some presently or by continuing the present in place, accordingly as it shall be found expedient for setling of the peace of the Hand, and your hon. answerre your peticioner humbly craves by these under his hand at Dalkeith the 29 of Feb. 165^. W. DUXDAS. Endorsed : — Queenes Ferry ^ Feb. 24, 1651. The same w*^ Berwick. LI ASSENT OF STIRLING^ I Thomas Bruce of Waikin being deputed by the burgh of Sterling doe on the behalfe of my selfe and those Represented by mee declare our free and willing acceptance of and Consent vnto the Tender made by the Parlyam^ of the Coinon Wealth of England, That Scotland bee Incorporated into and made one CoiTion Wealth w**^ England, That theireby the said Gouerm^ that is Established and Enjoyed w*^out a King or Howse of Lords und"" the free State and Comon Wealth of England may bee derived vnto the people of Scotland. And wee desire y* the people of England and Scotland may bee represented in one Parlyam^ and gouerned by theire represen- tatiues therein as the Supreeme authority of the whole Land. And in the meane tyme wee shall line peaceably vnd'" and yeald obedience vnto the authority of the Parlyam* of the 1 For Hand MSS.y N. xx. 95. - Ibid. N. XX. 124, 1652] CHARTER TO ASSENTING BURGHS 63 Comon Wealth of England Exercised in Scotland. Subscribed att Dalkeith the twenty ninth day of Feb^ 1652. Thomas Bruce.^ Vera copia : Jo. Phelpes, Sec. Endorsed : — Deputy of The Borough of Sterling assent to if Proposicdns, Fehy ^Sth 1651. LII CHARTER TO ASSENTING BURGHS^ By the Comission: of the Parlyam* of the Comon Wealth of England for ordering and manageing affaires in Scotland. Whereas the Burgh of haue by theire Deputie March, Declared theire Acceptance of the tender of the Parliam^ of the Comon Wealth of England to bee Incorporated into the Comon Wealth of England and to bee one therew^^, And haue engaged there sehies to liue peaceably vnder and yeald obedi- ence vnto the Authoritie of the Parliam^ of the Comon Wealth of England exercised in Scotland, Who are therefore taken into the speciall protecion of the Parliam*, and applicacon hath beene since made to vs by Prayeing our grant and Comission whereby the said Burgh may bee authorized to Elect Officers to Gouerne the said Burgh. Vpon serious Consideracon thereof and being desirous to Endeauo"" by all good waies and meanes that the people of that Towne may haue Gouernem* and Justice administred Wee by virtue of the Authority on that behalfe giuen us by the Parliam^ of the Comon Wealth of England, Doe Authorise and appoint the Neighbours and Inhabitants of the towne and Burgh of According to theire former Rules and Customes from tyme to tyme to Nominate and Chose their ^ Bruce writes from Dalkeith on February 4 to the ' proveist and bellies ' of Stirling to complain of the short time allowed him by the Commissioners to con- sider the Tender. His acceptance of it was followed, as elsewhere, by a licence (dated April 14) to Stirling from the Commissioners to elect its corporation. — Records of the Bicrgh of Stirling, 15 19- 1666, pp. 200, 202. - Portland MSS., N. xx. 108 ; reported to Parliament on March 16, 1652. 64 THE CROMWELLIAN UNION [march Magistrates and offic"^^ for the Gouerm^ of the said towne and Burgh and Liberties thereof untill further Ord% w^^ Magis- traites and offic'^^ from tyme to tyme Chosen severall and respectiue offices, and are authorised to proceed in the Execucon of theire severall trusts and places and in the Execucon of the Gouernement w^Hn the said towne and Burrough and Libertyes thereof according as hath beene vsuall and accustomed, Prouided that in all Cases where formerlye the Name or Stile of King hath beene vsed in the Exercise of the aforesaid Gouernement of the said Burgh, The name of the Keepers of the Libertye of England by authority of Par- lyam* bee Inforced and vsed in stead thereof, And that the persons from tyme to tyme elected and Chosen as aforesaid shall not proceed to the exercise of the said Respectiue offices and places vntill this oath ensueing be administred to them by such as wee shall appoint to administer the same, Express- ing att the adminstracon of the said oath to the said Re- spectiue officers the Name of the respectiue offices they were chosen into. The Oath.i You shall sweare y* y° shall bee true and faithfull to the Comon Wealth of England as It is now Established w^^out a King or Howse of Lords, you shall well and truly execute the office of w^Mn the towne and Burgh of and the Liberties thereof according to the best of yo"^ skill, knowledge, and power, soe helpe you God. And also that the oath herevnd"^ ^vritten shall bee admin- istred to euery Burgesse or Free man of the said Towne and Burgh att the tyme of his admition. That is to say : You shall sweare that you shall bee true and faithfull to the Comon Wealth of England as it is now Established w^'^out a King or Howse of Lords, and in ord*" thereto you shall bee obedient to the Just and good Gouerment of the Towne and Burrough of , yo^ shall to the best of yo'" power, maintaine and preforme the peace and all the due Franchises thereof and according toyo*" Knowledge and Abillitye Doe and performe all such other Acts and things as doe Belonge to a Burgesse and free Man of the said Towne, so helpe you God. ^ For objections to this oath, vide p. 165 in/ra. 1652] MUNICIPAL OATH OF OFFICE 65 And wee doe hereby Declare that wee Expect in such Eleccons to bee made as aforesaid due Care to bee taken that all such persons Chosen be Men of Integritie and good affeccdn to the peace and wellfare of the Iseland and otherwise fittly quaUified for theire trust. And lastly, wee appoint that as well the Electo^^ as the persons Elected Doe first subscribe the Ensueing Declaracon Being the effect of what The Deputy of y® said Burrough hath in theire Names and on theire behalfe Subscribed, That is to say: Wee doe each of vs for him selfe Declare our willing and free acceptance of and Consent vnto the Tender made by the Parliam^ of the Comon Wealth of England, That Scotland bee Incorporated into and made one Comon Wealth w*^^ England That thereby the same Gouernem* that is Established in Eno^land w*^out a Kins: or Howse of Lords und"* the free state and Comon- Wealth of England may bee derived vnto the people of Scotland. And wee promise that wee will Live peaceably vnder and yeald obedience unto the Authoritye of the Parliam^ of the Comon- Wealth of England Exercised in Scotland, Prouided : That the first Electon to bee made in pursuance hereof bee within dayes after the Date hereof. Giuen vnd*" our hands at Dalkeith this day of 165 . This is the forme of Comissions graunted to such Burroughs whose deputies haue in their name assented to the Vnion. Jo. Phelpes, Sec''. Endorsed : — Charter for Goiiermn* of Burghs in Scotland, LIII COMMISSION TO SHERIFFS PRINCIPAL^ By the Comission''^ of the Parliam* of the Comon Wealth of England for orderinge and managing Affaires in Scotland. Wee the said Comissioners consideringe how vsefull it will March be for the publike service and for the benefitt of the people 1 Portland MSS., N. xx. 116. The names of some of the sheriffs are given in No. cxxxvii. in/ra. E 66 THE CROMWELLIAN UNION [march of Scotland that sufficient and well quallified persons be made choice of to be SherrifFes within the severall Shires thereof And reposeinge especiall trust in yo'^ wisdome faithfullness and ability Have nominated made and constituted And by these p'"sents doe nominate make and constitute you Sherriffs Principall within the boundes and limites of the SherrifFedome of And wee doe giue and graunte vnto you and yo"* sufficient Deputy or Deputies, whom you are heerby authorized to substitute, and for whom you will be answearable (the said Deputy or Deputies beinge first appved of and allowed by the Comander in cheife of Scotland for the tyme beinge and the Comission'"^ for Administracon of Justice) full power Authority and Comission to vse exercise and per- forme the office of a Sherrift'e within the said Sherriffedome of vntill the first day of November next ensuinge And to affix and hold Courts to appoynte and make officers and members of Court needfull and of right accustomed, To raise levye and receiue the Amerciam^^ and Escheats of the said Courts for and duringe the said Terme and to pceed to the ministracon of Justice and excercise of the office of a Sherriffe. Provided that you the said Sherriffe or your Deputy or Deputies shall not raise levy or array or cause to be raised or levyed any forces for or vppon p^'tence or colour of supportinge any insurections seditions or treasons without the warrant or pticular direction of the Comander in chiefe in Scotland for the tyme beinge first had and obtayned in that behalfe. And wee . . . [^om] heerby . . , [foni] people of Scotland to be aydinge and assistinge to the Sher- riffe and his Deputy and Deputies duringe the said terme in the Execucon of the said office of Sherriffe. Provided that in all cases where formerly the name or stile of Kinge hath bin vsed in the excercise of the aforesaid office the name of the Keepers of the Libtie of England by Authority of Parliament be inserted and vsed in stead thereof. Given vnder our hands at Dalkeith the day of In the yeare of our Lord one thousand six hundred Fifty and one. The forme of the CoWiissions for Sherriffes. Jo. Phelpes, Sec'^. Endorsed : — Comission for Sherriffe. 1652] SHERIFFS^ OATH OF OFFICE 67 LIV FORM OF OATH FOR SHERIFFS^ By the Com'"^ of the Parliam* of the Comon Wealth of England for Ordering and Manageing Affaires in Scotland. Whereas wee haue by Comission beareing date the March day of Constituted and appointed you Sherriffe of and for the SherrifFdome of vntill the first day of November next ensueing Before your takeing vppon you the said Office you shall take the oath Ensueing, that is to say you shall sweare that you shall bee • true and faithfull to the Coinon-Wealth of England as the same is now Established w^^out a King or Howse of Lords, you shall well and truly excercise the office of Sherriffe according to the best of yo"* Skill, Knowledge and power Soe helpe you God. Which said Oath (Mutatis mutandis) you shall likewise administer to all officers of Courts and other Office^^ by you appointed by virtue of the said Comission before they take vppon them the said respective Offices. Given under our hands att Dalkeith this day of 1651. This is the forme of instruccons to Sherriffes. Jo. Phelpes, Sec\ Endorsed : — Instruccons to Sherriff about the Oath. LV WARRANT ESTABLISHING A COURT OF ADMIRALTY^ By the Com*"^ of the Comon Wealth of England for Ordering and Manageing Affaires in Scotland. To Henry Whalley Esq*" Judg Aduocate of the Army : Richard Saltenstall and Samuell Desbrough, Esq'"^ Know yee that wee reposeinge speciall trust and Confidence March l, in yo"" Wisdome Faithfullnesse and Circumspeccon by virtue ^^^^* 1 Portland MSS.^ N. xx. 197. - Ibid. N. XX. 115. 68 THE CROMWELLIAN UNION [MARCH i of the power vnto vs giuen in that behalfe^ haue erected made and constituted and doe by these presents erect make and constitute a Court of Admiraltie to bee houlden for Scot- land and the Isles and Territories thereof w^^ all Admirall priviledges and Jurisdiccons thereto belonging, and doe hereby Assigne Constitute and make you or any two of you Judges of the said Court Giuing and granteing vnto you full power from tyme to tyme in convenient places to hould the said Court as to you shall bee thought meete and according to Law in all matters as well Criminall as Civill, to proceede to Sentence and execucon in all things concerneing the p''mises, to proceed execute and Doo whatsoever shall bee according to Law as fully and effectually to all Intents and purposes as any other Judge or Judges of any other Admiralty Court may or ought to doe. Giuen vnder our hands att Dalkeith the first day of March In the yeare of our Lord one Thousand six hundred fifty and one. Vera Copia : Jo. Phelpes, Sec^. Endorsed : — Comission for Court of Admii'alty. LVI ORDER FOR SENDING UP SIR HENRY VANE AND COLONEL FENWICK^ By the Corfiissioners of the Parliament of the Comon Wealth of England for ordering and managing affaires in Scotland, Martij 1^ 1651. March 1, Ordered 1652. That two persons of the Comissioners be sent to the Parliament. That they begin their Journey on Thursday next,^ so as to be at Berwick that day. ^ By Article 15 of their Instructions. - Portland MS S., N. xvi. 113. ' They left Dalkeith on May 2, according to Nicoll {Diary, p. 87), and reported their proceedings in Scotland to the House on March 16. Their Report or * Tender ' is dated March 3, and is printed i?ifra, No. Lxxxiv. ANSTRUTHER'S ASSENT 69 That S*^ Henry Vane and Collonel Fenwick be the two persons to goe to London to the Parliament. Signed by order of the said Comissioners. Jo. Phelpes, Seer. Read, 16 Martij, 1651. Endorsed : — Order for S"" Henry Vane and Collonel Fenwick to goe to tlie Parliament. LVII ASSENT OF ANSTRUTHER-WESTER ^ I Wilhn. Dugall Clarke of Anstruther wester being deputed March l, by the Burgh doe on the behalfe of my selfe and shire repre- sented by me declare our free and willing acceptance of, and our consent vnto the Tenders made by the Parliament That Scotland be incorporated vnto and made one Comon -wealth with England, That thereby that same Governement that is established and enjoyed w%out King or Howse of Lords vnder the free State and CoiTion- wealth of England may be devised vnto the people of Scotland, and wee desyre That the People of England and Scotland may be rep^'sented in one Parliament by their representatiues thereto, as the supreame Authority of the whole Island And in the meane tyme wee shall live peace- ably under, and yeild obedience vnto the Authoritie of the Coinon wealth of England exercised in Scotland. In witnesse whereof I haue subscribed thir p^'sents w*^ my hand at Dalkeith the first day of March 1652. W. Dugall. Vera Cop'ia : Jo. Phelpes, Seer. Endorsed : — Anstruther West Burgh Deputies Assent. March 1, 1651. ^ Portland MSS., N. xx. 128. 70 THE CROMWELLIAN UNION [march i LVIII DESIRES OF THE SHIRE AND BURGH OF BUTE ^ To the right Hono^^^ the Coihissioners of the Parliam* of the Comonwealth of England for Ordering and Managing affaires in Scotland. The humble desires of John Magilchrist, Deputie for the Shire and Burgh of Boote, In behalfe of himselfe and those whom he represents. March 1, 1, First that the religion as it is profest in Scotland may be authorized by the supreame authouritie of the Comonwealth and that soe soone as convenientlie can be, a meeteing of the Ministery in Scotland or some ablest amongst them may be called by the said authouritie to conferr, reason and debate w*^ some able Ministers of England (to be also warranted for that effect) anent the Lawfullnes or vnlawfullnes of tolleration of opinions in spirituall concernem*^ In the meane time the mainteynance of the present gouernem* of the Church of Scot- land to be countenanced as formerlie. 2. Secondlie that the Deputies of shires and Burghes who doe engage in the Vnion may be authourized by the Parliam* of England or by yo*" hono'"^ to meete together. That what they haue done seuerally as representing only perticular sheires and Burghs may be accepted and approued of them so meeteing, as a representative of the whole Countrey. 3. Thirdlie that the whole countrey being inienuouslye engaged, and other Securitie given by pledges, Hostages or otherwise, for the future peace, such Garrisons onlie be kept as the Parliam*^ of the Comonwealth shall thinke requisite for continueance of our peace and vnion. And the Countrey of Scotland to be relieved of the vnsupportable charge of the Armie. 4. That the Judges and other officers of trust be such as engage in this Vnion and be placed in their power and 1 Portland MSS.y N. xx. 93. 1652] BUTESHIRE'S PROPOSALS 71 authouritie with consent of the Deputies of the Countrey and Townes and that after a perfect Vnion the nomination be of publique places by the representatiue of the whole. 5. That the Act of confiscation be taken away (w^^ being soe generall as scarce any of this Nation can escape the censure seemes to be Inconsistant with the Incorporation tendered), at least that it be soe limited as only such great ones be compre- hended whose Interest in the Royall governem* yet and their actings formerlie for it shalbe found by the Parliam^ of the Comonwealth of England to be impardonable. Endorsed : — Bute Shire and Burgh, Feb. 28, 1652. Pro- posals Mar. 1, 1651. LIX ASSENT OF THE BURGESSES OF EDINBURGH^ Wee and each of vs vnderscrivers havino^e voice in the March 1. Election of the Mao:istrates of this Buro-h for our Selues declare our willinge and free Acceptance of and Consent ynto y® Tender made by the Parliament of y® CoiTion wealth of England That Scotland be incorporated into and made one Comon wealth with England, That thereby the same gover- ment that is established in England w^^out a Kinge or house of Lords vnder the free state and CoiTion wealth of England may be derived vnto y^ people of Scotland, and wee pmise that wee will liue peaceably vnder and yeild obedience vnto the Authority of the Parhament of the Comon wealth of England excercised in Scotland. Witnes theis p''sent subscrived w^^ o'" hands at Edinburgh the first day of March in the yeire of god jm yjc fiftie two yeires. Alex' Demeston. And. Byxxy. Jam. Loch. Jo. Peirsonne. Jo. Byxny. Andrew Ramsay. James Neartile. Patrick Thomsoxe. Patrick Cockharne (?). Robert Mackin. Geo. Suittie. Adam Thomson. ^ Portland MSS.^ N. xx. 109. THE CROMWELLIAN UNION [march i John ^NIeikeith. GiLBT. Somervell. Ja. Brouxll. David Kerr. Tho. Pattesox. Tho Storei. Tho. Leishmax. James Rochead. W. Wilkes. How. Hamiltox. Ja:mes Alisoxx. Jo. Marioribaxkes. Tho. Caldrewood. James Eleis. Alex. Cleghorxe. RoB^ Murray. R. Damsox, notar. for Fraxcis Kerr. J. Meghorne. Endorsed : — The City of Edinburgh Assent to Ynion. LX ASSENT OF PITTENWEEM^ Maich 1, I Simon Anderson beinge Deputed by the Burgh of Petten- weine doe on the behalfe of my selfe and those represented by me Declare our free and willinge acceptance of and our consent vnto y^ Tenders made by Parliament That Scotland be incor- porate vnto and made one Comon wealth w^^ England That thereby that same goument that is established and enioyed without Kinge and house of Lords vnder the free estate and Comon wealth of England may be derived vnto the people of Scotland, And wee desire that the people of England and Scotland may be represented in one Parliament by their representatives thereto as the supreame Authority of the whole Hand, and in the meane tyme wee shall live peaceably vnder and yeild obedience vnto the Authority and Comon wealth of England exercised in Scotland. In witnes whereof I haue subscribed these p^^sents with my hand at Dalkeith y® first day of March 1652. Simox Axderson. Vera Copia : Jo. Phelpes, Seer. Endorsed : — Pitttemveym Burgh Deputies Assent, March 3, 1651. 1 Portland MSS.y N. xx. 130. 1652] ELGIN'S ASSENT 73 LXI ASSENT OF ELGIN ^ and neighbo'"^ of the Burgh of Elgin and authorized by them to repaire h ether to Dalkeith to attend the Comissioners of the Parliam^ of the Coinon wealth of England for orderinge the affiiires of Scotland, The said Comissioners haveinge delivered to me the Declaracon of the said Parliament con- cerninge the settlement of Scotland and desired my positive Answere in writeinge to be given in to them as to the Acceptance of the Parliaments Tender in the second Article of the said declaracon and to the other thinges conteined in the paper of the 27 Februar last, doe for my selfe and on the behalfe of those represented by me retourne this Answere. As to the Tender of the second Article whereby it is declared that Scotland shall and may be incorporated into and become one Comon wealth with England whereby the same goCiment that is established there and enioyed by the people of that nation vnder the free state and CoiTion wealth of England as it is now setled without Kinge or house of Lords may be derived to the people of Scotland, I accept the said tender and assent thereto. I also declare that wee will in the meane tyme live peaceably and obey the Authority of the Parliament of the Comon wealth of England to be excercised in Scotland, and shall be ready from tyme to tyme to offer what wee shall conceaue requisite for bringinge to effect the said Vnion and settlement with speed and best satisfaccon to bothe nations. In witness whereof I haue subscribed these pnts at Dalkeith the second Veria Copia : Jo. Phelpes, Sec?'. Endorsed : — El^in Burgh Deputy Assent^ March 2, 1651. day of March 1652. John Hay.^ 1 Portland MSS., N. xx. 129. Probably John Hay, town clerk of Elgin. Cf. Foster, Members oj Parliament^ p. 176. 74 THE CROMWELLIAN UNION [march 2 LXII DOUBTS AND SCRUPLES OF LANARK^ The doubts and scrouples of us the burgess and neigh- boures of the burghe of Lanerk which we doe present to the right hono^^® the Comissioners of the pliament of The Comonn Welth of Ingleand for orderinge and manadgeing affaires in Scotland quhairfour we can not with freedome grant any absolut comission till we haue farder satisfaction in our conschiences thairanent. March 2, Wee professe that we would Looke upone ane solide and weell grounded Vnione in the feare of God betwixt the covenanted Nationes in this yland But speciallie amongst all the trewlie godlie therein Not onelie as ane maine intendment of the Cove- nant : but amongst the speciall mercies the nationes ar capable of. And that we Judge our selves bound to promote the samen with our outmost endeavours and most willing to accept whatsoever tender might conduce therevnto according to the will of God. But as to that forme and manner of incorporation whereof our frie and willing acceptance is now requyred Wee desire to be satisfied in those particulares following. First, we conceive our selves bound by the Law of God and oath of Covenant agreeable thereto to endeavour the preservation of the Liberties of this Nation and Just funda- mentall Lawes thereof, which we Judge to be altogether infringed be the forme of the now demanded incorporatioun which tho carrieing along with it a change of the whole fundamentall frame of governement and all thinges therevpon dependent Is not presented to the full and frie deliberation of the people in their coUectede bodie, but first concluded with- out their advyce and knowledge and now offered in a divydit way without a previous condiscension in what might preserve from the dangerous consequences that may follow so great a change if not carefullie guarded against. 1 Portland MSS., N. xx. 92. A portion of this document is printed in Hist. MSS, Comm. Rept., xiii. pt. i. p. 630. From No. CLix., infra, it appears that Lanark never accepted the 'Tender.' r 1652] LANARK^S SCRUPLES 75 But secondlie though we could be much denyed to cutt and carve in what concernes our owne Interest, Yet we dar not add to nor diminish from the matteres of Jesus Christ, Dearer to vs then all thinges earthlie. Which is so far from being seccured by any thing offered for that effect That it is diverse wayes prejudiced and a fundation Laid downe in general! and doubtsome termes of a vast tolleration. Wee ar farr from the approveing the persecuting any of the trewlie Godlie But how should we be exonered in the day of our wakeneing to give our full and frie consent to any thing which openes a dore to manie grosse errores contrarie to sound doctrine and the power of godlienes. Wee delyt not to multiplie scrouples, being moved to this onelie for conscience sake in the feare of God. And therefore we doe hope and expect that the power of the Parliament of the Comon Wealth of England will Looke vpone vs and deall with us no other wayes then a meane people who desires to walk honestlie towardis God and peace- ablie towardes all men. And somuch the reither because we suppose it is not vnknowne to them what sufFeringis wee sustaind besydes all our present sufFeringes for opposeing that vnlawfull engadgement against England, So tender was we to contribut the smallest concurrence to what might be offensive to any in that Nation. Hen. Hinchelwod. Gedion Jacke. JoHNE Nasmyt. Alex Tennant. James Logan. David Mount. David Persye. William Mownt. John Patoun. J. Seympson. J. BllENTOUNE. GaBRIELL HAMILTON. William Inglts. Endorsed \—Lanerh Shire. Deputies Scruples, pnted Mar. 2, 1651. 76 THE CRO]MWELLIAN UxNION [MARCH 2 LXIII PROPOSALS AND DESIRES OF LANARKSHIRE AND DUMBARTONSHIRE ^ Some proposalls and Desires from the Deputies of Shires of Lanerick and Dumbritton. To the Right Honor^^^ the Com^ of the Parliam* of the Comon Wealth of England for ordereing and managing Affaires in Scotland. First we humbly desire That an Authority from w'^^ may flow the equall Distribution of Justice to all sortes of people may be established there, at least ouer these and some adjacent Shires, as may most conduce to y® ease, and be for the conveniencie of that place of y^ Country. 2. Tliat as much tendernesse may be had as is possible in the matter of Sequestracions, that y^ same may fall onely vpon notorious Delinquents. 3. In regard of y^ great devastation and vniversall Losses of these Shires, That such parte of y^ Forces there quartered (as the present posture of Affaires may permitt) be remoued to some other places, who are not put to y'^ same necessitie w^^ vs of buyeing bread and bringing it from other remote parts of y® Land. 4. That y^ Assessments be Lessened, as the true estate of these Shires being considered and compared w*^ that of others will deserue ; As also, that within our Shires, euery mans proportion may be adapted to his abilitie ; and to this end, some knowing and consciencious men within these respectiue Shires may be impowered, and ordered to rectifie the (justly by so many greived at) Valuations. We humbly offer also, That these Persons may be further authorized to make practicable former Acts of Parl^ of this Nation, made for relleife of Tennants. Portland MSS., N. xx. 96. 1652] NAIRNSHIRKS PROPOSALS 77 5. That ease giueii of Assessments for wasted Lands may be equalized and some appointed for that effect. 6. That the deploreable condition of many poore Labourers of y® ground wholly ruinated be taken into consideration, and some publicke allowance giuen for helpe to them to prouide Seede to rest in the Earth, that so their already miserable Lives may be sustained by that ground of hope for y® subse- quent yeare. Endorsed : — Shires of Lanerick and Dumbarton. Deputies desires. Mar. 2, 1651. LXIV DESIRES OF Nairnshire/ To the right honorable The Comissionaris of the parliament of the Comonnwealth of England. The humble desyres of tlie heretoris and rentalleris of the Shirefdome of Nairne appoyntet to be offered to yo' honors by their Comissionares. First that yo"" honors wold be pleased to giue assurance that March 2, Religione may be estaiblished as it hath bein by the blissing of God this many yeeres past within this natione in Doctrine worshipe and governement. Secondly that all forfaulto**^ and sequestraciones be dis- charged by ane act of favour wherby the generalitie of the people may tast of the fruites of the governement of the parliament of the Comonnwealth of England. Thridly that yo"" hono''^ would condiscend vppon the tyme quhen the incorporatione shall begine, And that the people of this Land may be governed by our awine Lawe tho"* the power of administratioune be deryved from the parliament of the Comonnwealth of England. I Portland MSS., N. xx. 97. 78 THE CROMWELLIAN UNION [march 2 Fourthly that yo'' hono*"^ would Lay to hart the Lamentable conditioune of this wasted Land that some speedy course mav be taken for easing the insupportable burdenes y^'of, quherby the impoverished inhabitants may taiste of yo"" hono'^ tendernes. Yo'' hono""^ answer is humblie expected by Patrick Dunbar. JoH. Rose. Endorsed : — Nairne Shire. Deputies proposalls. March 9., 1651. LXV DESIRES OF STIRLING ^ To the Richt honorable the CoiTiissionares of the parlia- ment of the Co[mmon] vealthe of Ingland for ordering and manadgeing the effaires in Scotland. The humble Desyres of the nichtbo'"^ and inhabitantes of the burghe of Sterling offered to be presentit be thair Comissionar in satisfactioun to the people of that burghe. ^^wi 2' That the trew protestant religioun and the ecclesiasticall iudicatories be Established within this natioun conforme to the word of God. That all suche who have bene in amies in obedience to the lawes of the land For Defence thairof or have bene aidding abbaiting or assisting to these warres Being warranted be the supreame aucthoratie for the tyme may be declairit frie of foirfaultrie and confiscatioun of Goods and lands. That all prissoners takin within or without this natioun be releisit. That a tvme may be condiscendit vpoun for perfyting the Vnioun and admitting the Representatives of this natioun to the parliament And that the comoun vealthe may have on name comprehending to the natiounes, viz. Great britane. 1 Portland MSS.i N. xx. 94. STIRLING'S DESIRES 79 That thair be ane supreame iudicatorie piitlie Established within this natioun of qualefeit persones For administrating of Justice conforme to the law of the land. That some taist of the sueitnes of vnioun and peace may be pntlie gevin to the burghe of Sterling be abaiting thair vn- supor table assesmentis. And that be ressone they are altogither impoverished be the many Great sufFeringis they have formerlie susteanit And of leate be Destroying the whole cornes about that burghe when gnall louetennent Monk was thair withe his whole men to ye number of four thowsand and tuo hunderithe wha wer quartit within the burghe^ and had eatche of tliame frome the nichtbo"^^ and burgess tua shilling Scottis a day sua long as thev remaynit togither, ilk was nyntene dayes, and efter thair pairting these of the foote vnder comand of Colonell Rid^ and ane hunderithe and t wen tie horsemen vnder comand of Maio"" Scott that remaynit in garisone vnder comand afoirsd had eatche of thame tua shilling scottis for a long tyme thair- efter, And as yitt that burghe is at the burdine of furnishing coall candell and bedding to the garisone Whiche hes newer bene .... in consideratioun, Bot still assesmentis in ... . and exactit frome thame as if they wer in good .... tioun and eable to pay the same And as if they had n[o] suche burdines lying vpoun thame Whiche being richt[lie] considerit be your hono*^ vilbe fund verie veightie to suche a vaistit and im- poverished place as is that burghe And so they to merite exemptioun frome payment of assesment. That the burghe of Sterling may lykwayes pntlie taist of the sweitnes of the foirsd vnioun and peace Be Enjoying of thair formar fredomes and liberties And that thair Maiestrates may have warrand frome yo"" hono^^ to sitt and administrat iustice within burghe to thair nichtbo""^ as formarlie. That the nichtbo''^ and burgess of the burghe of Sterling may have the frie vse of thair trades and handicroftis And ^ Stirling surrendered to Monck on August 6, 165 1, but the castle held out until August 14. On the estimate of Monck's strength given in the text, cf. Firth, Scotland and the Cotnffionwealth, p. xvii. 2 Colonel Thomas Read, governor of Stirling. 80 THE CROMAVELLIAN UNION [MARCH 2 that non be sufferit to vse tradding within burghe ather of mertchandice baiking brewing or suche lyke Bot these wha are niclitbo^^ and burgess, And that these wha are not so and hes takin vp tradding within burghe^ be dischairgit thairof be warrand frome yo'* hono^^, vtherwayes the most pairt of the nichtbo""^ and burgess of that burghe whose being consistis altogither vpoun tradding and handicraft wilbe necessitat thameselfis thair wjfes and childerin to desert the burghe and go a beging. Endorsed : — Desyres of the hurglie of Sterling he thair Cofhissionar . For Sterling Burgh, Mar, 2, 1651. Desires. LXVI ASSENT OF STIRLINGSHIllE - To the right hono^^® the Comission^^ of the Parliament of the Comon Wealth of England for managinge and orderinge Affaires in Scotland : Sir George and S"" Mungo Sterlines Deputies for the SherrifFe of Sterline. March 2, Beinge by you appoynted to deliver this day in writeinge 1^^^- vnder our hands a full and cleare Answeare Wee doe on the behalfe of our selues and those represented by vs declare our willinge and free Acceptance of and consent vnto the Tender made by the Parliament of England, that Scotland be incor- porate into and made one Comon wealth with England, that thereby the said Goverment that is established and enioyed without Kinge or house of Lords vnder the free estate and Comon wealth of England may be derived vnto the People of Scotland, And wee desire that the people of England and Scotland may be represented in one parliament and goverm* by there representatives therein as the supreame Authority of the whole Island, And in the meane tyme wee shall live peaceably vnder and yeild obedience vnto the Authority of ^ Cf. Records of the Co7ivention of Royal Burghs, 1615-1676, p. 429, art. 5. 2 Portland MS S., N. xx. 85. DESIRES OF STIRLINGSHIRE 81 the Parliament of the Comon wealth of England exercised in Scotland. These are our Answeares to the first two Articles required. As to the third and last Article wherein it is required that wee offer what wee conceaue requisite for bringinge to effect the said Vnion and settlement with speed and best satisfaccon to the people of Scotland, our Judgm* therein wee haue herewith delivered in acother paper vnder our hands of the Date of these p'^sents. Signed at Dalkeith Second day of March 1652. G. Sterlinge. M. Sterlinge, Vera copia : Jo. Phelpes, Sec^. Endorsed : — Sterling shhe Deputies assent^ March 2"^, 1651. LXVII DESIRES OF STIRLINGSHIRE^ Right Honorable Having according to your appointment delyvered in wreat- March 2, ing vnder o^ hands ane answer to the two first articles,^ It remaines we offer what we conceaue requisite for bringing to effect the union and setlement of the nations, And there- fore not presuming to informe you of what you doe not knowe, we ar incouradged by our Calling and your Clemency to remember you of what you weell understande. The beginning of wisdome being the fear of the lord. We doe in the behalf of our selvs, the shyre we represent, and the whole nation, earnestly desyre : First, That the trew protestant religion may be, in this land, continoued and mentained. It being the testimonie we haue of Gods love, the priviledge we enjoy, beyond most nationes, and that which most guid us to his euerlasting King- dome, Religion being the improver of peace, and the sole object of our devotion is the God of peace. 1 Portland MSS., N. xx. 99. F 2 Supra, No. LXVi. 82 THE CROMWELLIAN UNION [march 2 For promoting whereof, you will no doubt observe the dispencers of the divyn misteries, with a watchfull eye, be they sonnes of Thunder, or Zebedees children, to rebuke them, be they moderate, and pasto""^ according to Gods heart, to encouradge them. Secondly Peace, gentle peace, which wes alwayes attended on by plenty and pleasure, sems of a long tyme to haue abandoned this Hand ; In place whereof haue succeidded warrs, famine, and pestilence, all which haue so long, so bote, and so sore raged, as the bedd hes not been able to priviledge the sick, nor the Cradle the suckling, nor the great belly the Embryo, nor the altar the priest. That this storme may resolve in a Calme, and our Swords and speares be beat in plow-shares and pruning-hooks, let Confiscationes, sequestrationes, and forfaltors, proceed no further. Thirdly, Revive Judicatories, put in offices, and imploy men who fear God and hate covetousnes, Allow Barrens Courts as before. Fourthly. Forbear to exact Asess, at least grant great abaitment, till y^ land recover, which thir former yeare warrs hes so much exhausted, which may be the easier yeelded vnto if you be pleased that your forces, horses and foot, returne to England, except such as wilbe fitt to keep in Castles, and fortified tounes. Fyfthlie, Procure a speidie and happie union, that may maik the Nation inseperable, and so insuperable. And so Allow the deputies of shyres to meet amongst themselvs for preparing what is fitt for so important a bussines. Sextlie, Returne our Registers to be Keeped in this Nation. Sevintly, Enlarge and sett at freedome our prisoners. Eightly, Appoint that no quartering be in Noblemen and gentlemens houses. Nyntly, Talk Course that those of the Militia may pay there quarters, locall and transient. 1652] DECLARATION TO STIRLINGSHIRE 83 Tenth, Sie bygoune Insolencies punished donne by the Souldierie, either in Churches, or to Ministers. Elevint, Encouradge trading, let money haue Course upon y^ interest payed thir yeere past according to late Acts of Par- liament, Let Confiscation of the Summ be threatned to those who exacte more.^ These ar a few of the desyres thought fitting at this time to be represented to your honors By Your humble servants. G. Sterling. Dalkeith, the second March 1652. [M. Stiiiling.] Endorsed : — Desyres by the deputies of Sterlinshyre To the right honorable the Commissioners of the Parliament of the Commonwealth of England. Mar. % 1651 : read. LXVIII DECLARATION TO STIRLINGSHIRE ^ By y^ Comission''^ of y^ Parliam* of y^ Comon wealth of England for ordering and managing Affaires in Scotland. Whereas the Sheire of Sterling hath by its Deputies March 2, de[clared] its acceptance of the Tender of the Parliam* of the Comon wealth of England to bee one Comon Wealth w*^ England and hath alsoe engaged itselfe to line peaceably Ynd"" and yeild obedience vnto the Authoritie of the Parliam* of the Comon Wealth of England exercised in Scotland. Wee doe declare that the abouesaid Sheire is taken into the especiall protection of the Parliam* of the Coinon wealth of England And doe therefore strictly require all Officers and Souldiers whatsoeuer as all other persons that shall haue occasion to travel in the said sheire or converse w*^ any of the Inhabitants of the sa[me] that they offer noe violence or ^ The Convention of Burghs recommended in September 1656 that owing to the scarcity of money the rate of interest should be raised to eight per cent. — Records of the Convention of Royal Burghs, 16 15- 1676, p. 428. - Portland MS S., N. xx. 107. 84 THE CROMWELLIAN UNION [march 2 iniury vnto the persons or goods of any of the Inhabitants of y® same nor take any . . . [/oni] from them vpon any pre- tence without satisfaccon giuen to the [same] and w*^ theire Consent As they will Answere the Contrary. And wee doe further declare That the said Sheire and the Inhabitants thereof in theire Compliance and deportement as aforesaid shall not onely haue all due encouragem* from these in Authoritie ynd"* the Parliam* in Scotland but receive from tyme to tyme such testimonies of respect and favour toward them [by] way of benefitt to the Inhabitants in theire Liberties, Trade, and other Concernments as shall consist w*^ the present state of Affaires here and the Parliam*^ Declaracon in that behalfe and as . . . [^om] testifie to them the good accept- ance w^^ the Parliam* hath of such Manifestacon of theire assertions and endeavo*"^ for promoteing the said Vnion. Giuen vnd'^ o"" hands at Dalkeith the Second day of March 165|. This is a true Copie. Jo. Phelpes, Sec''. LXIX A NEWSLETTER^ March 2, Sir, — Of late there are more formall hopes of compliance 1652. ^£ ^YiQ Counties of Scotland with the Commissioners of the Parliament of England then formerly. The Deputies of sixteen shires have already agreed to submit, and are returned, and returning. It is thought by computation of the whole, that upon deliberate consideration we may conclude that those people that are contained in those sixteen shires, are about half the Nation.2 And yet for all this some rigid Presbyterian persons are very obstinate. Dalkeith, 2 March 1651. ^ Sevej-all Proceedings in Parliament^ March 4-1 1, 165^. E. 794(2), p. 1993. ^ The Commissioners, in drawing up their order of March i for the despatch of Vane and Fen wick to London, were clearly guided by the fact that in their view the major part of Scotland had already approved of the scheme of Union, and that therefore the time was come for Parliament to take further action. By March 2 they had secured the assent of the majority of the Shires south of the Forth and Clyde, and also of Nairn and Banff in the north, and of Forfar and Kincardine on the east. 1652] PROGRESS OF THE NEGOTIATIONS 85 LXX A NEWSLETTER^ From Dalkeith, March 2. Many of the Burroughs that have by their Deputies assented, ^^^^ ^' have likewise by them Petitioned for Commissions from them, for Government of their respective Corporations, and especially Edenhui-ghJ^ The number of shires in Scotland, to whom Summons have bin issued, for the sending in of Deputies to our Commissioners, are 31, of which number 18 have appeared according to the Summons, and assented to the Union. Also 2 Stewarties have bin summoned, and Burghs 56, of which 24 have like- wise assented to the Union.^ There were many of the other Shires and Burghs, whose deputies did attend, but their Com- missions being defective, they were dismissed ; yet notwith- standing, divers have Petitioned for new Summons,^ and come in daily with assents to the Union. Only the Burrough of Glasgow have in writing given in their dissent to the Union.^ LXXI ASSENT OF ANSTRUTHER-EASTER ^ I M[a]ster AVilliam Thomsone beinge deputed by the Burgh March 3, of Anstruther Eister Doe on the behalfe of my self and those represented by me declare our willinge and free Acceptance of and Consent vnto the Tenders made by the Parliament That Scotland be incorporated into and made ane Coinonwealth with England That thereby that same governm* that is established and enioyed without Kinge and house of Lords vnder the free Estate and Comon wealth of England may be ^ Mcrcurius Politicus, March 4- 11, 165^. E. 656 (6), p. 1472. - A petition on this matter*had been presented on January 26 {supra, p. 17). Vide infra, Nos. Lxxxiii., lxxxvii.-lxxxix. ^ Cf. the number and names of the assenting Shires and Burghs reported to the House on March 16 by Vane, in Commons^ Jourfials, vol. vii. p. 105. ^ This form is printed supra, No. XI. ^ The Dissent of Glasgow is printed supt-a. No. xxix. « Portland MSS., N. xx. 134. 86 THE CROMWELLIAN UNION [march 3 deryved vnto people of Scotland, And wee desire that the people of England and Scotland may be represented in one Parliament and goverment by theire representatiues thereto as the supreame Authority of the whole Island, And in the meane tyme wee shall Hue peaceably vnder and yeild obedience vnto the Authority of the Parliament and CoiTion wealth of England exercised in Scotland. Witnesseth this psent writinge and subscribe with my hand at Dalkeith the Third day of March the yeare of our Lord 1652. M"" W. Thomsone. Ve7'a Copia : Jo. Phelpes, Sec^'. Endorsed: — Burgh of Anstruther East Deputies Assent, March 1651. LXXII form of oath for judges of the court of ad:miralty^ By the Comission'"^ of the Parliament of the CoiTion wealth of England for ordering and managing Affaires in Scotland. March 3, Whereas wee haue by Comission bearing date the first day 1652. . . . . of this instant March constituted and appointed you Henry Whalley, Esq"^ Judge Advocate of the Army, Eichard Saltinstall and Samuel Desbrough Esq^^, Judges of a Court of Admiralty erected in Scotland. Before you take vpon you respectiuely the Execucon of the said Trust you shall respectiuely take the Oath ensuing (that is to say) You shall sweare that you shall bee true and faithfull to the CoiTion wealth of England as the same is now established without a King or house of Lords, You shall well and truly execute the office of one of the Judges of the Admiralty in Scotland [sic] according to the best of your Skill knowledge and power so helpe you God. W^^ said Oath {Mutatis mutandis) You or any of you shall likewise administ^ to all Officers of the said Court by you 1 Portland MSS., N. xx. 196. Cf. supra. No. LV. COURT OF ADMIRALTY 87 appointed by vertue of the said Comission before they take upon them the said respectiue Offices. Given vnder our hands at Dalkeith the third day of March in the yeare of our Lord one thousand six hundred fifty one. Vera Copia: Jo. Phelpes, Sec^. Endorsed : — Instruccdns to the Judges of the Admiralty. LXXIII ASSENT OF CLACKMANNANSHIRE ^ Wee vnderscriv''^ and Comissi oners Deputed by the Shire of ^' Clackmanan In order to the Tender p^'sented to vs vppon the second of this instant by the right hono^^® the CoiTiissioners of the Parliament of the CoiTionwealth of England Doe heerby for our selues and in name of the foresayd Shire represented by vs declare our harty acceptance of the foresaid Tender, And doe heerby agree that Scotland be incorporated into and made one CoiTion wealth with England That thereby the same government that is established in England without Kinge or house of Lords vnder the Free State and CoiTion wealth of England may be deryved to y® people of Scotland. Secondly wee declare that wee will in the meane tyme live peaceably vnder and giue obedience vnto the Authority of the Parliament of the CoiTion wealth of England exercised in Scot- land By these p^'sents subscrived with our hands at Edinburgh this Third of March 1652. William Grahame. Robert Yonger. Vera Copia : Jo. Phelpes, Sec^. Endorsed : — Clackmanoii Shyre Deputies Assent, 3 March 1651. LXXIV ASSENT OF CULROSS ^ I Alexander Eizatt beinge Deputed by the Burgh of Culross March 3, doe one the behalfe of my selue and those represented by me 1 Portland MS S., N. xx. 88. 2 Ibid. N. XX. 136, 88 THE CROMWELLIAN UNION [march 3 declare our free and willinge acceptance of and Consent vnto the Tender made by the Parliament of the Comon wealth of England That Scotland be incorporated into and made one Comon wealth with England, Tliat thereby the same govern- ment that is established and enioyed without Kinge and house of Lords vnder the Free State and Comon wealth of England may be deryved vnto the people of Scotland. And wee desire that the people of England and Scotland may be rep'"sented in one Parliament and government by theire representatiues therein as the supreame Authority of the whole Island. And in the meane tyme wee shall Hue peaceably vnder and yeild obedience vnto the Authority of the Parliam* of the Comon wealth of England exercised in Scotland. In witnes whereof I haue subscribed theise p'^sents at Dalkeith the third day of March 1652. Alex^ Eizatt. Ve7^a Copia : Jo. Phelpes, Sec^. Endorsed: — Culrosse Burgh Deputy Assent^ 3 March 1651. LXXV ASSENT OF CUPAR ^ March 3, I George Jameson being deputed by y® Burgh of Couper in 1652. Fyfe doe on the behalfe of my selfe and these represented by me declare o'" willinge and free Acceptance of and Consent vnto the Tender made by the Parliament of the Comon wealth of England That Scotland be incorporated into and made one Comon wealth wdth England, that thereby the same govern- ment that is established in England without Kinge or house of Lords vnder the Free State and Comon wealth of England may be deryved vnto the people of Scotland. And wee desire that the people of England and Scotland may be represented in one Parliament and governed by theire representatiues therein as y® supreame Authority of the whole Island soe that the people of both nations may enioye one iust and Comon Interest. And in the meane tyme till this be made practicable wee p'^mise that wee will Hue peaceably vnder and yeild 1 Portland MSS., N. xx. 132. FIFESHIRE^S ASSENT 89 obedience vnto the Authoritye of Parliam* of the Comon wealth of England exercised in Scotland. And moreover wee shall be ready from tyme to tyme to offer what wee shall thinke requisite for bringinge the said Vnion and settlement to effect w*^ speed and best satisfaccon to both nations. Witness my hand att Dalkeith. Geo^ Jameson. Veria Copia : Jo. Phelpes, Sec^. Endorsed : — Coupar Burgh Deputies Assent^ 3"^ March 1651. LXXVI ASSENT OF FIFESHIRE ^ For as much as by order of the Com"^^ of the Parliament of March 3, _ . . 1652. the Comon Wealth of England for orderinge and managinge Affaires in Scotland The gentlemen Heretours and llentallers of the Shire of Fife haue authorized vs S'" Alexander Gibson of Drurie and M"^ William Bruce of Prior ^ Comissioners with power conteyned in our Comission bearinge Date at Couper the first day of March 1652, And now the Comissioners afore- said havinge delivered to vs the Declaracon of the Parliam* of the Comon wealth of EnMand concernino-e the settlement of Scotland with an explanacon therevppon from the Comissioners, And havinge alsoe deli veered to vs another paper dated vppon the second of this instant requiringe our full and cleare Answeare in writinge to be given this day to three Tendors therein conteyned Wee doe retourne this Answere. And first as to y^ Tender of the Article whereby it is declared that Scotland shall and may be incorporated into and become one Comon wealth with England whereby the same government w^^ is established there and enioyed by the good people of that nation vnder the free State of the Comon wealth of England as it is now setled without Kinge or house of Lords may be derived to y^ people of Scotland, wee doe accept thereof and accquiesse therevnto. As to y^ second wee declare that in the meane tyme wee will Hue peaceably vnder and giue obedience vnto the Authority 1 Portland MSS., N. xx. 82. 2 Lamont {Diary, p. 46) describes him as * comisar of St. Androus.' 90 THE CROMWELLIAN UNION [march 3 of the Parliament of the Comon wealth of England exercised in Scotland. As to third wee haue exhibited our Thoughts therevppon in a paper apart. And wee the Com''^ of the aforesaid County of Fyfe haue signed theise p^sents with our hands at Dalkeith this Third day of March IGSJ. A. P. Durie. Will. Bruce. Ve?'a Copia : J o. Phelpes, Sec^. As to the third Article in the Tender desiringe vs to offer what wee conceiue requisite for bringinge to effect the said Vnion and settlement with speed and best satisfaccon to the people of Scotland, wee Answere that this same is of soe high concernment and comprehensive of soe many essentiall pposalls that in this nick of tyme wee cannott expresse all overtures necessary, and therefore albeit wee as Christians should represent our desires of settlem* of Religion in Doctrine and discipline with the Church of Scotland, And as patriotts would ppose our humble desires for enioyment of our Lawes and Libties for the Condiscendinge vppon the extent of our powers in this fellowshipp of an vnited Comon wealth, for the Libtie of Trade, for the matter of Coyneage and Mint, for the ppriety of goods, for an Act of oblivion and grace toward all prisoners, for discharge of all sequestracons and forfeitures, for y® moderacon of the greate burden of Sesse and removeinge of forces and for takeinge of all Markes of distinction and distrust yett savinge, wee doe humbly conceaue that this is not the fitt tyme for effecting theise and many more, wee shall sume vpp our desire in this That a short tyme may be appoynted for bringinge this vnion to a finall Accomplishment. Subscribed with our hands at Dalkeith this Third day of March 165J. A. P. Durie. Will. Bruce. ^ Ve7'a copia : Jo. Phelpes, Sec^. Endorsed : — Fife shire Deputies assent, March 3"^, 1651. ^ On March i6 they made their report of their mission at Cupar, and ' were approven by the comittie of the shyre, such as it was, Ferny being preses (verie fewe meiting that day) and gate many thanks for ther pains, and desired to con- tinoue ther attendance with the English. (The day of ther election, viz., Mar. i, some gentelmen did protest against the persons and ther comissione.)' — Lamont, Diary, p. 47- 1652] FIFESHIRE'S PROPOSALS 91 LXXVII DESIRES OF FIFESHIRE^ Dalkeith, 3 March 1652 To the riffht Honorable the Comissioners of the Parha- ment of the Comon wealth of England for ordering and manageing affaires in Scotland. The humble desires of the Cornissioners of the Shyre of Fife. 1. That all forfeitures and sequestrationes be takin off the March 3, Landis and fortunes of such as doe heartily conceave and goe along in the pursuance of the Vnion. 2. That the insupportable burdene of Cess vnder which the Shyre is vnable to subsist may be mitigated and the number of the forces Lessened. 3. That gentlemens houses be exempted from quartering and that their gardenes parkes or orcheardis and other polises may be protected from destruction. 4. That the restraint be takin off the necessary judicatories of Comissariat and baron courts, that people suffer no Longer by want of administration of justice till further course be taken. 5. That in regarde of the present grosse inequalitie in the Valuation of rents, that there be a Comittee appointed for Valuing the Same to note as rectifions what hath bene amisse in former Valuationes. 6. That ane ordinary Comittee be established of persons well affected to the publicke peace and that of the Shyre w^ith as full and ample power as any comittee formerly haue had. 7. That the forces within the Shyre be discharged from exacting of the countrey people more nor the ordinary measure of the countrey for oates and straw. A. DURIE. Will. Bruce. Endorsed : — Fifeshire desires in if 3"^ March 5 J. ^ Portland MSS.^H. xx.g^. 92 THE CROMWELLIAN UNION [march 3 LXXVIII COMMISSION TO THE DEPUTY FOR FORRES ^ ^larchS, Whereas wee Burgesses Inhabitants and Neighbours of the Towne of Forres haue receiued ane paper directed to vs from the Comissioners of the Parliam* of the Comonwealth of Eng- land Makeand mention that the said Parliam* having Declared theire Intencons concerning the settlement of Scotland and appointit theire Comission'"^ to publish and make knowne the same to the people of this Nation, and to vse theire Endeavors whereby the said settlement may with most satisfaccon and speed bee effected, And the whole land through the goodness of god brought to ane happy and lasting peace, Requiring vs therefore to meete in some Convenient place v/^Hn the said Towne, and there to Nominate and elect ane person of Integrity and good Afteccon to the welfare and peace of this Island, And the person so electit w^^ full power on our behalfe for that effect to bee with y™ the saide Comission" at Dalkeith the six and twentieth day of February last, and not being able to send one (in o"" name) to obey the Comands layed on vs till now, wee haue advanced all our power to the behalfe aforesaide And Accordingly being mett at the saide Towne of Forres this dav Doe Nominate and elect Thomas AVarrand Burgesse of the said Towne Comission'" aboue Writt. Given vnder [our] handes at Forres the third day of [March] 1652. B. Farquhau. Tho. ^ Alex^ Buchaxe. Jam. Jurie. JoHX Winchester. Johx Patersoxe. John Fyff. W^ Logaxe. John Duxbar. Adam Dunbar. N, Dar John Laus. Alex^ Moxtgomre. P. Cook. Joanstien. W^. Myer. Demandatis Dictorum Dauidis Brodie Jacobi Brodie Alex. 1 Portland MS S., N. xx. 203. ^ The name is illegible. INVERKEITHING'S ASSENT 93 Eorsythe Archibald Dunbar Thomae Tullothe Scribere nescient vt assero Ego Jacobus Imrie Notarius Publicus in fidem pro- missarum speculi requisities subscribo teste manu propria. Jacohus Imrie, Notar Publicus. Demandat Dictorum Guliel Farq*" Patrin Paterson Scribere nescient vt assero Ego Jacobus Imrie Notarius Publicus in fidem promissarium speculi requisicus subscribo teste manu propria. Jacobus Imrie, Notarius Publicus. Ass*. Vera copia Exta. Jo. Phelphes, Sec^. Endorsed : — Forres Burgh Deputies Cofnission, 13 Feb. 1652 : received, LXXIX ASSENT OF INVERKEITHING ^ I Robert Browne being deputed by the Burgh of Inner- March keithinge doe on the behalfe of my selfe and those represented by me Declare our free and willinge Acceptance of and Con- sent vnto the Tender made by the Parliament of the Cornon wealth of England That Scotland be incorporate into and made one Comon wealth with England That thereby that same goverment that is established and enioyed without Kinge and house of Lords vnder the free estate and Comon wealth of England may be deryved vnto the people of Scotland. And wee desire that the people of England and Scotland may bee represented in one Parliament and goverment by the representatiues thereto as the supreame authority of the whole Island. And in the meaiie tyme wee shall Hue peaceably vnder and yeild obedience vnto the Authority of the Parliament of the Comon wealth of England exercised in Scotland. Robert Browne.^ Vera copia: Jo. Phelpes, Sec^. Endorsed : — IfmerJcethiifg Burgh Deputies assent^ March 3, 1651. 1 Fort/and MSS. , 'i^ . xx. 135. ^ M.P. for Inverkeithing in the ratiiament of 1650. — Foster, Members of Parliatnetit, p. 37. 94 THE CROMWELLIAN UNION [march 3 LXXX ASSENT OF KILKENNY^ I Gavin Barronn being Deputed by the Burgh of Kil- rjnnie doe on the behalfe of my selfe and those represented by me Declare our willinge and free Acceptance of and Con- sent vnto the Tenders made by y^ Parliam*^ of y^ Corn- wealth of England, that Scotland be incorporated into and made one Coinonwealth with England, That thereby that same government that is established and enioyed without Kinge or house of Lords vnder the free Estate and Comon wealth of England may be deryved vnto y® people of Scot- land. And wee desire that the people of England and Scot- land may be represented in one Parliament and goverment by theire representatives theireto As the supreame Authority of the whole Hand. And in the meane tyme wee shall Hue peaceably vnder and yeild obedience vnto the Authoritye of y^ Parliam^ of y^ Comon wealth of England exercised in Scot- land. In witnes of y^ which I haue subscribed these pnts w*^ my hand at Dalkeith y^ Third day of March 1652. Gavin Barronn. Vera copia : J o. Phelpes, Sec'^. Endorsed: — Kilrinny Burgh Deputies assent, S'^ March 1651. LXXXI ASSENT OF KINGHORN^ March 3, I James Robertson beinge Deputed by the Burgh of King- ^^^^ gome doe on the behalfe of my selfe and those represented by me declare our Free and willinge Acceptance of and Consent vnto the Tender made by the Parliament of the Comon wealth of England, that Scotland be incorporated into and made one Comon wealth with England, that thereby the same goverment that is established and enioyed without Kinge and house of 1 Portland MSS., N. xx. 133. - Ibid. N. XX. 131. MIDLOTHIAN'S ASSENT 95 Lords vnder the free estate and CoiTion wealth of England may be deryved vnto people of Scotland. And wee desire that the people of England and Scotland may be represented in one Parliament and government by their representatiues therein as the supreame Authority of the whole Island, And in the meane tyme wee shall Hue peaceably vnder and yeild obedience vnto the Authoritie of the Parliament of y® Cdmon wealth of England exercised in Scotland. In witnes whereof I haue subscribed these puts Att Dalkeith y^ third day of March 1652. James Robertson. Vera copia : Jo. Phelpes, Secj\ Endorsed : — Kinggorne Burgh Deputies assent, 3^ March 1651. LXXXII ASSENT OF MIDLOTHIAN ^ Forasmuch as by order from the Comission'^^ of the Parlia- March 3, 1652. ment of the CoiTion wealth of Enojland for orderinore the Affaires of Scotland The gentlemen Heretors and Rental] ers of the Shire of Edinburgh principal] haue authorised Sir John Wauchope of Niddrie and James Creechton of St. Leonards to attend the said Comissioners at Dalkeith to that effect, And now the Comissioners aforesaid havinge delivered to vs the Declaracon of the Parliament of the Comon wealth of England concerninge the settlement of Scotland, and also havinge desired vs this day to giue in a positive Answere in writinge vnder our handes touching the acceptance of the Tender con- tayned in the second Article of that Declaracon, Wee retourne this Answere as to the Tender in the second Article wliereby it is declared that Scotland shall and may be incorporated into and made one Comon wealth with England wliereby the same goverment that is established theire and enioyed by the good people of that nation vnder the free State and Comon wealth 1 Portla7idMSS.,'^.x^. 87. 96 THE CROMWELLIAN UNION [march 3 of England without Kinge or house of Lords may be derived to people of Scotland. We accept of the Tender and accquiesce therevnto. Wee doe alsoe declare that in the meane tyme wee will line peaceably vnder and giue obedience to the Authority of the Parliament of the Comon wealth of England exercised in Scotland. And for that Avee haue to ppose concerninge the third Article of the paper delivered to vs of the second of March Wee offer as folio weth, In witness whereof wee the said Comis- sioners haue signed these p^sents with our hands at Dalkeith the Third day of March 1652. Ja. Creichtoun. J. Wauchope. Vera copia : Jo. Phelpes, Sec'^. In order to our Acceptance of the Vnion that Scotland and England be incorporated in one Comonwealth Wee doe humbly desire that some perticuler tyme may be condiscended on for perfectinge the same, And in the meane tyme that it be declared by the Parliament of the Coinon wealth of England that this nation is to be ptected in the excercise of the true ptestant Religion, In the enioyment of their owneLawes, in the freedome of theire persons and y^ right and jiperty of theire estates and goods, That all forfeitures and sequestracons be discharged, prisoners released. The insupportable burden of Cesse eased, and such a pportion of the forces as shall be thought fitt removed. And because much of the freedome of the people Consist in the right fillinge of places of publike Trust It is therefore humbly desired that Judges and Judica- tories be established by Advice of y^ representatives of this nation. As alsoe all other places of publike Trust. These desires are soe necessary that wee doe humbly con- ceaue the grauntinge of them Avill tend much to the satisfaccon of the people of Scotland. There are and may be many other thinges necessary for the right perfectinge of this vnion that for p^sent cannott be thought vppon by vs, Therefore it is desired that some may be authorised from this nation to meet with the Com*"^ of the Parliament of the CoiTion wealth of 1652] THE EDINBURGH MAGISTRATES 97 England for that effect, and a tyme appoynted for theire meetinge. Ja. Creichtoune. J. Wauchope. Vera copia : Jo. Phelpes, Sec''. Endorsed : — Edinburgh shyre Deputies assent, March S^, 1651. LXXXIII COMMISSION TO ADMINISTER THE OATH TO THE EDINBURGH MAGISTRATES^ By the Comissioners of the Parliament of y^ Comonwealth of England for orderinge and managinge affaires in Scotland. Whereas wee haue by Comission vnder o"" hands authorised March y^ neighbo''^ and Inhabitants of Edinburgh to nominate and choose theire Deacon of Crafts, Councellors, Magistrates, and other officers for y® governm* of y^ said Citty and Burgh accordinge to the purpose of the said Comission, In which pvision is made that y^ persons elected and chosen by vertue thereof to any office or place should not pceed to y^ excercise of y® same vntill the oath in the said Comission mencioned should be administred to them respectiuely by such as wee shall appoynte to administer the same. Wee doe therefore heerby appoynte Henry Whalley,Esq., Judge Advocate, to administer y*^ said oath accordinge to y^ Tender thereof to y® respectiue persons chosen by vertue of the said Comission to any office or place w*Mn the said Citty and Burgh. Given vnder our hands at Dalkeith y^ Third day of March In y^ yeare of o"^ Lord 1651. Oli. St. John, Rich. Deaxe, R. Salwey, Rob. Tichburxe. Vera copia : Jo. Phelpes, Sec"^ To Henry Whalley, Esq., Judge Advocate of ye Ai'my. Endorsed : — A Cofhission to Judge Advocate [ Whalley^ to administer the oath to the Magistrates of' Edinburgh. Scotch paper 1651. 1 Portland MS S., N. xx. 114. G 98 THE CROMWELLIAN UNION [march 3 LXXXIV THE commissioners' TENDER TO PARLIAMENT^ March 3, The CoiTiissioii*"^ of Parliament of Conion Wealth of 1652 England for Ordering and Managing Affaires in Scotland, hauing according to the Instructions to them given from Parliament by Conference with y^ Deputies of y® respective Sheires and Burroughes of Scotland, that have beene Choosen and attended according to the SuiTions on that behalfe, as also with diners other Persons of the Scots Nation, as by sundry other waies and meanes informed themselues to the best of their power of y® state of things here, to the end that they might ripen their Results thereupon, for the Consideracon of y^ Parliament, doe accordingly humbly Offer, as folio weth. 1. The Major part of Sheires and Burroughes in Scotland by their Deputies having accepted the Parliaments Tender, of being one Comon Wealth with England, It is Offered to the Par- liament to take into Consideracon the passing of such Act, or Acts, whereby y® aforesaid Incorporacon may be speedily made ; That Kingly power in Scotland, and all Lawes and Oaths relating thereunto, be taken away and abolished. And for the punishment of such as shall endeavor y® restitucon of Kingly power in Scotland, or that shall oppose or endeavor to subvert y^ Government established upon y^ said Union, or the Authority exercised in Scotland in Order thereunto, or in pursuance thereof. That in y^ said Act y^ Parliament would be pleased for y® present to Declare their minds as to England and Scotland being represented in one Parliament, As to the Perticulers for y^ effecting thereof, and setling of y^ Lawes and Government in Scotland and other things necessary for Compleating y^ said Union : That the Parliament would likewise Declare (if they thinke fitt) That the respective Sheires and Burroughes, who Accept y® Tender of Union, be authorized to Elect y® ^ Portland MS S.,'^. xvi. 112. The greater part of this Report is printed in Hist. MSS. Co?nm. Report ^ xiii. pt. i. p. 631. 1652] THE COMMISSIONERS^ REPORT 99 same number of Persons, as upon Sumons from said Comis- sion*"^, they have lately done, with power to y^ said Deputies (each of them having first expressed their consent to y^ Tender of Union in such manner as the Parliament shall thinke fitt) to meete, and out of themselues to Elect fourteene Persons to represent all y^ said Sheires, and Seauen persons to represent all y® said Burroughes: Which one and twentie persons, or anie Seauen, or more of them, are to Repaire to Parliament of England by y^ day of with full power, on y® behalfe of Scotland, to effect y® p'^misses. And it is humbly Offered that y® Charges of y^ said Persons, in coming vpp to London and attending that business, may be defrayed by Order of y® Parliament of England, and of y® Revenue of Scotland or otherwise. 3. It is humbly propounded that y^ Parliament would more perticulerly ascertaine y^ Persons whose estates shall incurr y^ penalty of forfeiture and confiscacon. And that by an Act of Grace, all others which accept y® Tender of y® Parliament for y^ said Union, and Expresse y^ same by the day of in such manner as y^ Parliam* shall thinke fitt, be secured in their Persone and Estate ; so as y*^ same extend not to hold vpp Bondage services, w^'^ shall hereafter be found needfull to be taken away. As also that it be declared by y® Parliament, that all Confiscated Lands in Scotland shall be lyable to y^ payment of Debts, in such manner as other Lands are by y® Lawes of Scotland. That Persons formerly desired for administracon of Justice in Scotland be with all possible speed sent downe. That twelue or more Ministers be speedily sent down to reside in y^ seuarell Garrisons, and other convenient Places in Scotland. Ol. St, John. H. Vane. Robert Tichborne. Ri. Deaxe. Rt. Salway. G. Fenwick. DalheHh, of March 165|. Endorsed : — The ComT^ Tender to if Far^K Read 16 Martij 165J.1 1 This 'Tender' appears to have been presented to the House on March 16, and to have been read, ' the first time at large, and after by parts,' on March i8. Cf. Commons'' Journals, vol. vii. pp. 105, 107. 100 THE CROMWELLIAN UNION [march 5 LXXXV ASSENT OF PEEBLESSHIRE^ To the Right hoiio^'^^' the Comissioners of the Parliam* of the Comonwealth of Eno;]and for orderins^e and Managinge Affaires in Scotland. March 5, The humble Answeres of the Deputies of Shire of Peibles. 1652. Wee in behalfe of our selues and those represented by vs declare our free and vnanimous Acceptance of and Consent vnto the Tender made by the Parliament of England that Scotland be incorporated into and made one CoiTion wealth with Eng- land, That thereby the same government that is established and enioyed without Kinge or howse of Lords vnder the free State and CoiTion wealth of England may be derived to all the people of Scotland. Secondly, wee declare that wee will in the meane tyme Hue peaceably vnder and giue obedience vnto the Authority of the Parliament of the CoiTion wealth of England exercised in Scotland. MURRAY.2 / J. B. Witch. Veracopia : Jo. Phelpes. Endorsed : — Peibles shire Deputies assent^ March 5^^' 1651. LXXXVI ANSWER AND OVERTURES OF THE SHIRE OF PEEBLES ^ To the right hono^^® the Comissioners of the Parliam* of the Comon wealth of England for orderinge and managinge Affaires in Scotland. The humble Answere and Overtures of the Deputies of the Shire of Peibles to y^ third Article. March 5, To the end Vnion menconed in the first Article may be 1652. : 1 Portland MSS., N. xx. 83. Probably Sir Alexander Murray of Blackbarony. 3 Portland MSS., N. xx. 100. 1652] PEEBLESHIRKS PROPOSALS 101 brought to effect w^^ satisfaccon to people of Scotland Wee doe humbly desire, That so soone as the Comissioners of the seuall Shires and Burghes shall be fully heard a short tyme may be condiscended vppon for pfittinge of the Vnion, As alsoe that it be declared by y^ Authority of the Parliament of the Comon wealth of England that for the future this nation may be ptected in y^ excercise of the true ptestant religion, as it is psently pfessed in Doctrine, Avorshipp, and government, In enioyinge theire owne Lawes, In the freedome of their persons and in the right and prosperity of their goods and Estates, and that an Act of grace and fav'" may be extended to all y^ people of the Land that shall condiscend to this vnion, And perticularly that for- feitures. Confiscations, and Sequestracons may be taken of and discharged, the prisoners released and a considerable part of y^ forces removed. And in regard the right ordering of the Civill Judicatories is of weighty concernment, the want thereof sadly lamented by all Ranckes of people, it is humbly desired that those Judicatories and Judges as also the tyme of their meetinge may be by y'' hono*'^ with the advice of the whole nation as their representatives setled and determined. And because many other thinges will be necessary for y^ pfecting this vnion w^^ cannot for y® psent be thought vppon by vs, wee doe humbly desire that a selected number of fitt persons may be authorized from the body of this nation to meet w^^ y^ Comissioners of y^ Parliam* of y^ Comonwealth of England for y^ speedy settlem^ thereof in such a way as may be best and most satisfactory to the people of this nation. Vera copia : Jo. Phelpes, Seer. Endorsed : — Peebles shire ^ Deputies overtures^ Martij 5^, 1651. LXXXVII PROTEST OF Sill JAMES STEWART^ March 1652. I Sir James Stewart proteste that before the Seythinge [?] March 5, or electinge of the Councell or Magistrates by the neighbours, ^ Portland MS S., N. xx. no. Cf. supra, Nos. xii., xiii., lxxxiii.; and infra, Nos. Lxxxviii., lxxxix. 102 THE CROMWELLIAX UNION [march 5 which I conceiiie is required by the returnes of the Towne of Edinburghs Comissioners, That first the English CoiTiissioners theire mindes be knowne whether the last Councell shall be Electo""^ (they obeyinge the order sent vnto them) or whether the like meetinge of neighbors as gaue the Comission to the lait Councell shall be Electors, or first Consulted before the Election by the last Councell. Robert Foules, John Denham, David Kexedie, Andrew Brossen, James Lawsone, Declared they adhered to the ptestation aboue written. Endorsed : — S'' James Steuart his Protest against the electing of Magistrates in Edinburgh. LXXXVIII PROTEST OF SEVERAL PERSONS IX EDINBURGH^ The desires of seCiall neighbors of this Burgh of Edin- burgh to the late Towne Councell now mett together at Edinburgh this 5^^ of March 1652. March 5, Whereas we are informed of the willingnes of the Comis- sioners of the Parliament of England for settinge vpp a Magistracy over vs the people of this Burgh And for that end haue sent orders to the neighbors and Deacons that they may elect such Magistrates as they shall thinke fittinge, But wee when we Consider the frame of Spiritt that most part hath to such a worke, together w*^ the differences of Judgements and breaches of Loue amongst vs, wee Conceiue the difficulties that will arise in such a meetinge will not be few and may tend to makinge y^ rupture greater. And therefore for our parte wee declare our sense that it may and will be for y^ Advantage of the whole Body to remitt the samen backe to those from whom the order floweth, That they may by themselues for this time appoynte Magistrates for this ensuinge yeare, And the samen is to be without p'^iudice of the Libty of the Towne in all tyme Cominge. 1 Portland MSS., N. xx, iii. 1652] EDINBURGH'S MUNICIPAL AFFAIRS 103 Whereas these our desires beinge p^sented and altogeather slighted notvvithstandinge the Samen is Conforme to the ord*"^ of Com''^ of Parliament of England for the election of o' Magistrates, Therefore wee vnderscrivers in o^ owne names and of all who adhere to vs doe ptest against all that shall be done by those that intende and p^'tend to this power of Election in order to all that shall be done heerein. Rob. Achesone. Rob. Michell elder. John Dobie. F. Brand. Rob. Mitchell younger. W'^' Fleminge. Tho. Pait. Jo. Bright. Robt. Simson. Geo..Turnbull. Alex. Andereson. J. Cokborne. Wm. Heirt. R. Wilkeson. Robt. Jacke. Jo. Tait. Robt. Pellrig. Edw. Gillispie. W^' Douglas. Ja. Hamilton. A. Melvill. W" Meiks. W^'^ Anderson. J. Campell. Endorsed : — Protest of severall persons in Edinburgh ag^ the Elecco n of officers. LXXXIX PETITION FROM CERTAIN NEIGHBOURS OF EDINBURGH ^ The humble Peticon of certeine neighbours of the Citty of Edinburgh To the right hono^^^ the Com^^ of the Parliam*^ of the Comdn wealth of England appointed for orderinge and Managinge Affaires in Scotland. May it please yo^ hono^^ March 5, Wee vndersubscribers in our owne names and in name of all who adhere to vs within the Citty, Out of the deepe sense of many sad p'*iudices susteyned by vs (through want of a well ordered Magistracy) And haveinge at former tymes tasted of the sower grapes of goverment by Corrupt Magistrates when the proud were called happy and thouse who wrought wickedness sett vpp, Doe make our applicaton and pray for Redress in the future to yo"* hono*"^ in whose hands the Lord hath putt power which as you haue pmised by Declaracon 1652. 1 Portland MSS.y N. xx. 113. 104 THE CROMWELLIAN UNION [march 5 Soe wee are hopefull you will endeavor to imploy the same for his honour and the Advantage of his people, Especially in settinge over vs such governers as after Inquiry made and Inquisicon gotten may be found Men fearinge god, lovinge righteousnes, Countenancers of Piety and the professors thereof, That soe they may be indeed the ministers of God for our good And not a Terrour to good workes but to y® evill. Tho. Pute. Will. Mitchell. Robt. Simson. WiLKEEsoxE, Ja. Hadmiltoxxe [?] Hen. Hoopeu. Robt. Selbrixge. George Edward. Will. Hairte. Will. Douglas. Ja. Kirkpatrick. W. Flemixge. Will. Bell. Will. Meiks. JoHX Bryte. F. Braxd. Edw. Gillespie. Wm. Axdersoxx. Tho. Thomsox. Ax. Melvill. Rob. Mitchell elder. Alex. Axdersox. Rob. Mitchell younger. H. Cockburxe. Rob. Exglish. Rob. J acre. W. Blackwood. James Bohall. Rob ART Hamiltox. Jamssell. JoHX Taite. Endorsed : — Pcticdn from certaine Neighhou7's of Edinhiwg^Ji to Com^^ to resume the nominacdn of Magistrates to them- selves. XC RATIFICATION OF ST. ANDREWS DEPUTY ^ Sanctandreis the eight day of March 1652 yeares. March 8, The which day the Burgesse and neighbours of St. Andreis after named beinge convened this day in y^ Tobooth of this s*^ Citty anent the retourne and reporte of James Sword theire p'^sent provost from the right hono^^^ the Comissioners of the Comon wealth of England, they by theire subscribed warrant vnderwritten haue appoynted me there Comon Clarke to extract and deliver to the said James Sword what they haue done in his report and retourne. Whereof the Tenour fol- lowes. Wee ye Burgesses and neighbors of St. Andreis beinge ^ Portland MSS., N. xx. 138. ST. ANDREWS DEPUTY 105 convened in our ordinary place of meetinge vppon retourne of James Sword our p'*sent provost and CoiTiissioner from right hono^'^^ y^ Comissioners of y^ CoiTion wealth of England at Dalkeith, And beinge now more cleerly informed by him of what is y^ pleasure of y^ Comon wealth of England and theire Comissioners demaunds anent the settlement of y^ peace of this Land, doe heerby testify that wee and all of vs abide at the Comission given by vs formerly to y® said James Sword and accepted and receiued by y® aforesaid hono^^® Comissioners, Counttinge of now againe our full power to follow foorth our first Comission conforme to y^ Tenour thereof in all poynts, this wee haue subscryved here in y^ Tolbooth this eight of March 1652, appoyntinge y® double heerof to be extracted by the Clarke and subscryved and delivered by him to y^ provost {sic sicbscrihitur) Robert , James Watsoxe, Heritoor James Carstaires baillie, William Carstaires baillie, Axdro Carstaires baillie, William Lextooxe baillie, J^mes All ax, Ja]\ies Wood, Jo. WiscHuiiT, Robert Watsoxe, Patrick Lextroxe, 8z beinge in all an hundred names, w^^ Warrand I testify to be in my hands and Custody. James Watsone, Clark of St. Andreis. Vera Copia : Jo. Phelpes Sec^. Endorsed : — St. Andrewes Bui'gh^ Ratificacon of Deputy^ 10 March 1651. XCI COMMISSION TO THE DEPUTY FOR DUNFERMLINE 9 March 1652. Wee the Burgess and neighbours of y^ Burgh of Dunferm- March 9, linge vnderscryvers beinge by order of the right hono^^^ y^ ^^^^* Com*^^ of the Parliament of the Comonwealth of England at Dalkeith March instant authorized and required to meet and elect ane person to be there with them the 12 of March foresaid. 1 Portland MS S., N. xx. 155. 106 THE CROMWELLIAN UNION [march 9 Accordingly wee beinge mett this day in the Tolbuth of the said Burgh haue nominated and elected James Reide provost of y^ said Burgh, To whom wee giue full power on our behalfe to treate and conclude for effectuatinge the settlement of Affaires in Scotland To y^ peace and welfare of the people of this Island and to the p^servacon of the gospell of Christ in doctrine and discipline established and pfessed with vs this day. William Smart James Legat George Zouding [?] Andrew Hall David Hodk [?] Edward Rutherfurd [?] John Pottir J"* James Houxson David Stewart William Legat John Hamilton James Anderson Adam Anderson James Richardson George Bicknall. Robert Stevinson. Thomas Eisden. James Mudie John Duncanson Thomas Horne James Simstin Andrew Neckithow [?] John Wright John Donald Andrew Pcjruees J. Walker John Bennett' Andro Anderson Alex^ Doysdall Duncan Younge A true coppie eoc^ C. Baker SeC^. Endorsed : — Copp. Coirf: James Reade Deputie Burrough of Dumfermling, 9'^' March 165 J. Read 2 April 1652. 1652] SELKIRK'S PROPOSALS 107 XCII ASSENT AND DESIRES OF SELKIRK SHIRE AND BURGH ^ To the right hono^^® the Comissioners of Parliam* of the Comonwealth of England for orderinge and managinge Affaires in Scotland. The humble Answere of Patricke Scott of Ardett and George Pringill of Newhall Deputies for Shire and IVP' John Angus Burges Deputy for the Burgh of Selkirke. Wee doe heerby accept of the Tender made to vs in the March 9, declaracon of the Parliament of y^ Comonwealth of England that Scotland be incorporated into and made one CoiTion wealth with England, Wee beinge allowed in the said Vnion and incorporacon such lust interests as is consistent with the nature of the said Vnion, which wee conceaue to be the true intention of the Parliam* of England theire declaracon. And that the same with all Convenient speed may be made practicable amongst vs. Secondly wee declare that wee will in the meane tyme liue peaceably vnder and giue obedience vnto the Authority of the Parliament of y^ CoiTion wealth of England excercised in Scotland. P. Scott. Geo. Pringil. J. Angus. The humble desires of the Deputyes of y^ Shire and Burgh of Selkirke. 1. First that it be declared by y® Authority of y^ Parliam* of the Comon wealth of England that for y® future this nation be allowed and ptected in y^ excercise of y® true protestant religion as it is now pfected in Doctrine, worship and discipline. 2. That an Act of grace and favor may be extended to all 1 Portland MSS., N. xx. io6. 108 THE CROMWELLIAN UNION [march 9 people in the Land, and especially that all forfeitures confiscations and sequestracons be taken of and discharged. 3. That our prisoners be released, that the insupportable burden of our Cesse be eased and that our greate and heavy bygone losses and wasted Lands within the said Shyre and Burgh be taken into Consideration and after iust Tryall repayred. 4. That in respect of y^ heavve p^'iudices that many in y*" Countrey lye vnder for want of J ustice, that yo"" hono"^ would be pleased to take speedy Course for setlinge of the accustomed Lawes of this nation and fillinge of places of Trust and Judicatories by appoyntinge Judges, beinge sufficient men of knowne Integrity ability and experience, by Advice of this nation or representatiue thereof. And in the meane tyme that y^ said Shyre and Burgh may haue power to elect a SherrifFe within the said Shire, ^Magistrates within the said Burghs, Clerks and other ^Members for theire Courts for the better Ad ministracon of Justice within the boundes. And with all that the said Burs^h Burfjesses and Inhabitants thereof may haue the benefitt and Libty^ of free Comerce and Trade aswell with England as other nations and may enioy all theire other iust rights priviledges and Inmnities. 5. That there may be some course taken for punishinge and repressinge of Thefts robber yes and ]\Iurthers vsually comitted by Moss troopers and other malefactors and theire receptors vppon and toward the borders betwixt Scotland and England, for p'^ventinge of many greate Losses and p'^iudices frequently sustayned, as well by our Shyre as other neighbour Shyres towards y^ borders. 6*. There are and may be many other thinges necessary for y^ right and perfitting of y^ said Vnion that for y® p''sent cannot be well thought vppon by vs. Therefore it is desyred that some may be authorised from this nation to meet with the Comissioners of y^ Parliament of y^ CoiTion wealth of England for y^ better efFectuatinge thereof and a tyme and place appoynted for tlieir meetinge. And in the meane tyme if yo^" hono''^ thinke it expedient that the Deputies of Shyres and Burghs may be permitted to meete amongst themselues 1652] ST. ANDREWS PETITION 109 for Condissendince vppon such overtures as may best conduce to settlement and p'servation of the said Vnion and Comonwealth. P. Scott Geo. Prixgill J. Angus. Vera Copia : Jo. Pjielpes, Sec''. Endorsed:— Sclkirkf''^^^^^''' , Deputies Assent, Mar. 9, 1651. y Burgh ^ XCIII ASSENT OF ST. ANDREWS^ I James Sword Deputy of the Burgh of St. Andrewes doe March 10, on the behalfe of the said Burgh retourne my Answere to the Parhaments Tender as foUoweth. Wee Consent that Scotland be incorporated into and made one Comon wealth with England. AVee likewise Declare that wee will in the meane time Hue peaceably vnder and giue obedience vnto the Authority of the Parliament of y^ CoiTion wealth of England exercised in Scotland. Witnes my hand the 10*^ day of March 165| . Ja. Sword. Vera Copia : Jo. Phelpes, Sec. Endorsed : — St. Andrewes Deputies Burgh assent, 10 March 1651. XCIV PETITION OF ST. ANDREWS " For the right hono^'*^ the Comissioners of the Parliam^ of the Comonwealth of England. The humble supplication of y® provost, bayllies and CoiTion March 10, Councell of Sanctandreis and remanant Burgis thereof humblie sheweth. 1 Portland MSS., N. xx. 137. " Ibid. N. XX. 139. 110 THE CROMWELLIAN UNION [march io That the Earle of Crawford Lindsay and his p*"decessors haue intruded themselues aboue this fourty and odd yeares in the Balavie of the Stuartrie and royaltie of Sanctandreis in holdinge of Courtes and punishinge of persons within our said Burgh and royaltye thereof for manslaughter, for any other riott of blood or mutilacon within our said burgh and royalty thereof, and givinge out of Cockitts within our said Burgh and royaltye, Lifting and takinge vpp all y® Customes due for exporting of goods out of our said burgh and royaltye thereof. As Lackwaies in holdinge of Courts within our said burgh and royaltve, in faynninge and consynninge all thinges cominge vnder the Compass of Admiraltie, humbly begginge yo'' hono*"^ will be pleased to gratifie the said poore Towne w*^^ y^ said Casualties for vpholdinge and mayntayninge theire decayed and ruinous harbour and other Comon w^orkes to them and theire successors, they behavinge themselues as becometh to y^ CoiTionwealth of England. 2. In the fourty two yeare of God when our Army went into England, at my Lord Crawford his earnest desire for y^ better subsistance of the souldiers put forth in our bounds vnder his Comand, we did advance to him five hundred pounds sterlinge which was delyvered to him and others in his name. And we haveinge his obligatorie letter to be paid backe to vs againe to be putt to some pious vse, Therefore wee humbly begge that yo*" honours would be pleased to cause theise that intermitts w^^ his estate make payment to vs for the vse aforesaid. 3. That where the Towne of Santandreis hath an Act of Parliament of the date the Twentie fift day of January one thousand six hundred fourtie nyne yeares for an hundred pound sterlinge for y^ subsistance of a Minister in Sanctandreies for preachinge of the Gospell of Jesus Christ theire out of y® first and rediest of y® Bishopp and pour rents mortified to y*^ vniversitye when they shall attayne to a Thousand pound sterlinge in y^ first place, and one hundred pound sterlinge to be paid to vs in y^ next place of y*^ excercise of the said modification they first beinge paid a Thousand pound sterlinge Whilk . . . [^or«J pound sterlinge they are alreadye in full possession and . . . [toni] small parte. These are humbly to ST. ANDREWS PETITION 111 begge that yo"* hono''^ will be p[leased] to cause vs to be putt in possession of our tull hundred pounds out of the ties of our owin borrow akeres whilk they lead and bollis to be valued to vs as the whole bollis of theire mortification is valued to themselues. 4. That yo"* hono'^^ would be pleased to gratifye the towne with the old ruinous Castle there and the yeards belonginge theronto and the pension of five chalder of victuall that Alex"^ Nairne had with it for y^ supply of theire Comon burdens, the said Alex*" Nairne beinge late dead. 5. That all y® houses, yeards, and Crofts w^^in Sanctandreios w^^ formerly held of Archdeanes, Prebenderies or others Superiors to whom the Inhabitants were foorst to haue theire addresse in seekinge theire entoir [?] and securitye were needles put to greate charges thereby may now be gifted to y^ Towne and theire entoies and securities be onlye graunted by y® Magistrates and theire successors and y^ securities to be found by theire clarke that y^ same may be found vppon record there. 6. That they may be eased of theire p^'sent Cess by reason the ruell they payd theire Cess for was for y®^ trade and now theire trade and shippinge beinge gone and taken away from them and all the tyme haveinge an whole Troope of horse w**^ theire Compleit officers lyinge on them in all equitye they ought to be freed of Cesse, giue yo'' hono*"^ will be pleased to do soe. 7. That where my selfe has a Comission from y^ Excheq** to enter all the Aker Tenants these are humbly to begg that I may haue a new Comission to my selfe and my eldest sonne for enteringe the said aker tenent vpon a Judicatorie and resignation as to aprasinge w*^ power to create our owne Gierke. Ja. Sword. Vera Copia : Jo. Phelpes, Seer. Endorsed: — St. Andrewes Burgh peticon, Mar. 10, 1651. 112 THE CROMWELLIAN UNION [march io XCV OBJECTIONS OF MORAYSHIRE ^ March 10, Wee Gentlemen and Heretors of the shy re of Murray vnd*' Subscrive and hauing sein and Considerit the Declaracons of the Parliam* and the Comission''^ of the Comonwealth of England with the proposicons offered to the Deputies of the Shyres and Burghs of Scotland transmitted to vs by ane Ordinance from the Comission" of y^ date at Dalkeith the 26*^ of February 165J doe humbly returne our Answer as followes Anent the first proposicon Wee doe with all thankefulnes acknowledge the fauour of the Parliam* and the Comission^'^ and doe professe that there is not any temporall benefit Comparable (in o"" esteeme) so greate, so desirable and conducing for the welbeing and Comon safety and security of the Island as (vpon Sound and solid grounde of Religion equitie and Comon freedome) to bee incorporated and made one w^^ England, they being of all Nations dearest to us and cheife in o^' Affeccons and respect and with whom wee would Associate and take part against anie or all the Nations of the Earth, Being also vnd^ the pro- fession of the same religion, w^^ of all bonds is the firmest, and hauing now for many yeares liued vud** one Ciuill Governm* and being as it were naturally deuidit from the rest of the world or in ane vnseperable Contiguity so imbodied togeather as one of vs cannot bee well without the other. This is that Designe w^^ our fathers aimed at, as foreseing how much Con- fusion and blood might thereby bee auoidit and how much happines by the attainem* thereof would accrue to the p^sent and Generacons to Come, only as it is held forth in the Parliam* and their Comission*'^ Declaracons, it is vpon such grounds implexing o*" Consent to seuerall particulers wherew^^ wee cannot fully close, y* for the p^'sent till these thinges bee re- moued wee dare not in o"* Consciences yeild our Consent. First it is to vs the foundacon of Gouernm* y* o*" Christian Magistrat should bee throughlie for God and his authority 1 Portland MS S., N. xx. 157. MORAYSHIRE'S OBJECTIONS 113 and power should bee exercised in restraining and punishing oiitbreakers ag^ the first table of the morrall law, such as Blaspheemers, defend'"^ of and seducers to Damnables heresies and Errors, Noe lesse then wiched preachers ag* the second Nom, insteed of ane effectuall remedie for p^'uenting this euill there seenie to vs a wide doore to be opened to toUeracon and the same Incouragem* and pteccon promised to all w^^^out distinction. The sadd effects of w^^ liberty wee haue (not w*^^out much sorrow) both scene and heard, And it sail euer bee our desire to God that it may bee fair from the mind of the Parliam* to introduce or sett vp the lyke in this Land, For wee would compt such a Liberty noe freedome or fauour but more bitter then any seruitude or death itselfe. 2. AVee obserue that theChurch Government by subordinacon, ^ych ^^jth j-]^^ Gospell wee and our Fathers receiued from the Lord and to w^'^ wee are both morrallie and expresly bound, is by the declaracon whollie cast loose. Albeit wee and the persons to whom it hath bin Comittit may and haue greately failed in exercising and applying thereof and haue too much gloried in and rested on ane Outward forme. Yet besyd manie diuine prouidences and experiences the Lord hath by his word and Sperit often born witnes to it, that being rightly vsed it is his ordinance. And the Ministry thereof hath not bin fruiteles or altogeather w^'^out effort but oft in a gracious mean of greate use and very comfortable to the Churches of Christ in England and Ireland aswell as to our selues, w^*^ now without greate vnthankefulnes and the danger of Periurie wee dare not passe by or disclaim e. 3. Wee cannot allow the forfeiting and sequestracon, w*^^^ as wee Conceiue imbindes all or the farre greatest part of the Heretors in Scotland since it is agreable to the law of nature for men to defend themselues against inuasione, specially since many who opposed the English forces in Scotland did neuer enf or inuade England or injure any person of that Nation, But on the Contrary haue had theire Estates wasted, theire houses burnt, theire deare freindes killed for the assistance giuen to the Parlt. of England while they were engaged in the Cause of religion and Comon libertic. 4. Before Consent wer p''ssed it would seeme fitt that the H 114 THE CROMWELLIAN UNION [march io forme constitucdn and time when the incorporacon sould take effect might bee first agreed on. And as to the second proposicon, that it may appeare how willing wee are to giue satisfaccon and how farr w^ee are from any thought of interrupting or disturbing the peace of the Comon wealth of England, wee doe fully engage o"^ estates and respectiue interestes as a Securitie for being peaceable and yeilding obedience to theise lawfull Comands vntill a finall and Comfortable settlem* may be attained. Anent the third proposicon Wee humbly conceiue it had more naturall bin the first and a proper subiect of the free and ioynt deliberacon of the Deputies of Shires and Burroughs, all that wee can oft'er there anent is first that noe ouerture or meanes will bee more conduceable for effectuating the settle- ment and vnion then to remoue the Impedim*^ w^^^ wee haue humbly hintit at vpon the first i^posicon. ^^^^^ That the Assessem* may bee abated and so many of the souldiory removed as the wisdome of the Comission^'^ may thinke con- sistant w*^ the security of theire Affaires, for if the one halfe of the p^'sent burden sould continue (the land is so exhausted) that noe subsistance in a short time would bee left to our families, farr lesse any meanes of discharging the other neces- sarie oblidgem^^ whereto o^ estates are liable. Hauing thus weakelie (but in all humility) offered our sence anent the proposicons, wee hope that the shyre sail not fare the worse at the hands of the Parliament or the Coinission^^ that wee haue vsed a submissiue and inocent freedom as wee were required. CoiTion reason will tell vs that a ioynt and equall liberty by incorporac(3n were to bee chosen and p^ferred. The Lord w**^ our owne Consciences beare vs witnes that wee are not dealing deceitfullie or driving on any humane interest or designe. If wee may not vent*' w*^out a cleare warrand to goe the length w^^^ others haue done, it will not (wee hope) bee imputed to any obstinacy, for wee are willing and sail be ready to receiue and imbrace any light or information w^'* may further cleare vs, And in the meane time as wee haue engaged for the peace wee sail also (God willing) so demeane o^'selues in o*" seuerall stations as a\ ee may looke for and enioy the fauor and proteccon of the Parliam^ Att Elgin the tenth day of March 165 J. 1652] MORAYSHIRKS DEPUTY 115 Dauid Stewart. IXNES. Walter Leslye. J. Dunbar. Jmes [?] Dunbar. Jam. Spens. Jo. Watsonne. Tho. Tutleer. Robert Cuming. Robert Innes. James Spence. J. Brodie. Kyxnaird of Ohvine [?] J. Brodnosblym. J. BUTHERLAND. Jo. Dunbar. Ja:m. Rose. Jam. Falconer. John Wegahaire. W]\r. Kenxaird. Robert Innes of that Ilk. M. Will. Leslie of Bukmurray. NiNiAN Dunbar of Graingehill. Alex. Dunbar of Inchbrock. Jam. Rose. Robert Dunbar. Dauid Duncanes. Jo. Campbell. Ve7'a Cop'ia : Jo. Phelpes, Seer. Endorsed : — Murray and Elgin, exhibited and 7'ead, Mar. 28, 1651. Read 2 April 1652. XCVI COMMISSION TO THE DEPUTY FOR MORAYSHIRE Wee the Heretors and Rentallors of the shyre of Murray Jiarchis, hauing receiued some papers from the Comission'"^ of the Parliam* of the Comon wealth of England containing the proposicons giuen to the Deputies of other shyres and Burghs As also authorising vs to Convene that our Answer might bee returned to the Hono^^^ CoiTiission*'^ at Dalkeith on or before the 18^^ of March instant, w^^ is of the date at Dalkeith the Qgth q£ February 1651, Therefore wee doe Nominate and choose S"^ Robert Innes Yonger of that Ilk and Robert Dunbar Appeirand of Wastfeild thereby giuen them both Coniunctly -or incase of absence onie one of them to repaire to Dalkeith for the effect contained in the said Papers Conform e to our 1 Portland MSS., N. xx. 156. 116 THE CROMWELLIAN UNIOxN [march 12 expresse and full Warrand subscrived w^^^ o^' hands thaire anent of the date liereof at Elgin the twelueth day of March 165§. Jam. Spexs. AViLL. Watsone. Tho. Tutleer. Dauid Stewart. J. Campreli,. Nixian Dunrar. Alex. Dunrar of Inchbrock. Jam. Rose. W" Kennaird. RoBT. Cuming. Ro. FARaUHAPi. RoRT. Dunrar. Rorert Innes. Robert Innes of that Ilk. Kynnaird of Olwine. J. Butherland. H. Brodnosrlym. Ja:\i. Dunrar. John Dunbar. Tho. Rose. John Wagahaire. M.Will. LESLiEof Ashmurray. Inxes. Walter Leslie. J. Dunrar. Jam. Falconer. James DuNRAPt. Jam. Spence. J. Brodie. VejYi Copia : Jo. Phelpes, Sec}\ Endorsed : — Murray Comission, exhibited and read. Mar. 23, 1651. Read % April 1652. XCVII ASSENT OF GLASGOW^ To y^ right Hono^'*^ y^ Com*^^ of y^ Parliam^ of y'^ Comon Wealth of England for ordering and managing affaires in Scotland. The humble Answer of the Com^^ of the Burgh of Glasgow in name and behalfe of the said Burgh. March 13, First wee in name and behalfe of the said Burgh doe heartily accept of the Tender made to vs in the Declaraccon of the Parliam^ of the Comon Wealth of England, That Scotland bee incorporated into and made one Comon Wealth with England, That thereby that same gouernm* that is estab- ^ Portland MSS.^ N. xx. 146. This Assent is printed in Severall Proceedings^ March 25- April i, 1652. E. 794 (14), p. 2031. Cf. supra. No. xxix. 1652] ASSENT AND PETITION OF GLASGOW 117 lished in England w^hout a Kinoj or Howse of Lords vnd^ the Free estate and CoiTion AVealth of England may bee derived to the people in Scotland. Secondly wee declare that wee will in the meane tyme liue peaceably ynd"* and giue obedience vnto the Authority of the Parliam^ of the Comon Wealth of England exercised in Scot- land. In testimony whereof, Wee doe in name and behalfe of the Burgh aforesaid subscribe theis puts at Dalkeith this 18^^ day of March 165J. Read 26 March 1652. James Pollik. Walter Neilsone. A true coppie. Ex^ C. Baker, Sec^ to Com''^ Endorsed: — Copp. Answer of Deputies of y' Burgh of Glasgow. Read 26 March. XCVIII DESIRES OF GLASGOW^ To y^ right Hono^^^^ y^ Com^'^ of y^ Parliam^ of y^ CoiTion March 13, Wealth of England for ordering and managing Affaires in Scotland. The humble desires of y^ Com*"^ of the Burgh of Glasgow for and in behalfe of the said Burgh. 1. That they may haue a Magistracy chosen of the fittest and ablest of those who haue given obedience. 2. That the old Magistrates may bee compeld to make account to the new Magistrates that shall bee chosen of what moneys they haue receiued and how they haue disbursed the same, whereby the said burgh may bee the better enabled to pay theire sess. ^ Portland MS S.^ N. xx. 147. It is printed in Several/ Proceedings, March 25- April I, 1652. E. 794 (14), p. 2030. 118 THE CROMWELLIAN UNION [march 13 3. That some of the Ministers whose mouths are open against o"" proceedings in this o'" compliaunce may bee taken a course by the Magistrates that shall bee chosen, and that all compliants w*^ the said Ministers may likewise bee taken a course w*^^. Yo"^ Hono'^^ Answere hereto wee humbly craue. James Pollik. Walteh Nielsoxe. Read 26 March 1652. A true coppie ex'^ C. Baker, Sec^ to y'^ s'^ Com''^ Endorsed. — Copp. Desires Burrough of Glasgoic. XCIX REASONS FOR THE DISSENT OF KIRKCUDBRIGHTSHIRE ^ Colinwarke, 13 March 1652. March 13, Wee Heretors, rentello^'^, and others of Stewartie of Kir- 1652 . . . kudbright vndersubscribing giues full power and Comission To William Gordone to repaire to the Hono^^*^ the Com*"^ of y^ Parliam* of England now at Dalkeith the 18^^^ of this instant, and there in o"^ names and in the name of o^' country to represent to theire Hono*"^ the reasons vnderwritten w^^^ doth containe the full and ample meaneing of this country in Answere to the papers p^sented to vs from the said Com''^ as after followeth. To except the late established gouernm* of y^ Comon Wealth of England as it is now established by them w^^^out a King and Howse of Lords (w^^ is the first Article tendred by yo'" Hono^^ to y^ Deputies of the seuall sheires w^hin this kingdome) wee humbly conceive cannot bee willingly veilded vnto by vs for the reasons following. 1. Becaus the Gounm* of that nacdn bv Kino^ and howse of Lords was conceived by the Kingdome of England in Anno 1643 to bee the Antient Gounm^ of that Land and of the Liberties of that Kingdome w'^^^ that whole Nation together w*^^ this did so solempilie ingage to maintaine w^'^ theire Liues and estates. And that before the World and in the sight of the Lord o"^ God the searcher of all hearts, whose name wee ^ Portland MSS.y N. xx. 145. Cf. infra, Nos. Cix. cxv. i6S2] DISSENT OF KIRKCUDBRIGHTSHIRE 119 incalled vpon as a witnesse to the Ingenuity of o'^ Intentions to performe the whole Articles and heade of that League and Covefint, and who will noe doubt witness against vs and this whole Land w*h terrible things in Righteousnes if wee shall suffer o"* selues to bee w%drawne and to make defeccon to the contrary of any one Article therein conteined. 2. That wee cannot w*hout manifest periury willingly accept that Tender of y^ Parliam*^ Declaracon May bee sufficiently demonstrate from the third Article of the League and Couenn^, where wee are tyed to defend the person of the King In the defence of the Liberties of the Kingdomes w^^ stand in a distinct relacon. 3. Because the gounm* w'^^ wee are required to accept (as it is more fully explained by yo"^ Hono^^) leaveth a Latitude for Superstition, Heresie, and profanes, together w% what soon may bee contrary to sound doctrine, The exterpation whereof wee are bound to Endeavo^ by the second Article of o^ League and Covennt. 4. Because by the First Article of o^ League and Covennt Wee are bound to p'serve the reformed Religion In the Church of Scotland in Doctrine, Worshipp, Discipline, and Gounm^, all w'^^ shall bee destroyed by this Liberty w^^ is graunted to such as shall serue God in other Gospell v/ay, w*^^ wee humbly conceive as a way w^^^ the scriptures of God neu*" knew of. 5. Wee are bound by the sixt Article of o'' League and Covennt neu^ to suffer o'selues directly or indirectly by what- soeuer combinacon, perswasion, or terror to bee devided from the Vnion then made, w^^ soe much concerneth the Hono"" of God, good of the Kingdome, and happines of the King. As to the second Article of the aforesaid Tender to the Deputies of the seu^'all shyres of this kingdome, wee declare wee refuse not (dureing the Lords pleasure), as formerly wee haue done, to Answers yo"* demands annent Assessm*^ and Taxes if it were to the whole Estate wee haue (our Livelihood beeing allowed vs), seeing the Lord for o'* transgressions lies beene pleased to bring vs in thraldome to you, of whom wee may say wee haue meritted better things, wee haueing beene at much 120 THE CROMWELLIAN UXIOxX [march 13 expence of Blood and estates for Englaiids Releife in the day of her Adversity both in England and Ireland. But wee shall looke for Reward of him who onely knew o*" worke and Labo^" of Loue in yo*" behalfe. As to the third w^"^ is required of the Deputies of the seCiall shyres w^^in theis Kingdomes, Wee offer all the whoU contents of y^ League and Covennt w^^h was conceived in Anno 1643 as only effectuall to p^'serue vnion betwixt vs and England, according as it was then conceived by the Representatiues of both Nations, to w4i if the Lord will wee shall alwaies adhere. Now if yo^ Hono*"^ shall resolue to destroy vs for y^ Pre- misses offered by yo^' now servants, though not long since vnd"^ the Notion of Brethren, wee say noe more but shall in all humility apply to o'"selues that sayeing of the Prophit Micah Chap. 7, verse 8, 9, 10: wee will beare the Indignacon of the Lord because wee haue sinned against him vntill hee pleade o*' cause and execute Judgm* for vs, hee will bring vs forth to Light and wee shall behold his Righteousnes. KlIlKCL'DBRIGHT. Read 26 March 1652. A true coppie, ex'^ C. Baker. W. McLELLAXE of Gresbdic. WiLLM QUKYTHIX. MiLLES IXSHE. Tnos. M^Lell of Collin. W. GORDOXXE. William Mclellaxe of Bar- scobe. Robert Stewert. Roger Gordoxx of Regmer. J. Chaloxer. Edw. Gordowxe. W. Griersox. Alex. Gordoxe. David Ixkhill. Gilbert Gordox. J. Log AX. ]Ma. Birrell of Becher terme William Mclellaxe. Will. Gordowx. J. Gordoxe. Ro. GORDOUX. WiLLM GlaXDOXVIXG. Jo. WiLBIE. J. Nevis [.?] of Garstinth. F. LiXEYE. Jo. Hallidey. .ToHAXEM Powell. Wal M^Culloch. 1652] A MINISTER'S PROTEST 121 C A NEWSLETTER^ From Dalkeith, March 13, thus. I must, if I say any thing, :\rarciii3, but repeat the same as formerly. Little of importance at present ; Deputies from more Counties we hear of daily, and expect a fair compliance. The unanimous desires of all that have hitherto assented, are for an opportunity of a general meeting of Trustees for this whole Land, to advise and offer what may be for the carrying on and compleating the Union begun. Archibald Todd, Provost of Edenburgh, hath given the earnest of his Fidelity to that Commonwealth from whom he derives his new Magestratical being, by conveening one of the Edenburgh IVIinisters before the City Councel, for his so free declaiming against the late proceedings of the City, in their closure with and accepting authority from England, but the Provost may not teach him to keep within his bounds ; he knowing better (as he says) to Preach, then the Provost to direct, making fair promises of speaking more freely the next.- I think I have told you twenty Shires and thirty four Burghs have assented. The Isles of Orkney and Zetland have since my writing sent their Commissioners, M'ho are admitted to treat, the next will give you a further account of them. I rest Your affectionate Servant, Jo. Phelps. Dcdkeith, 13 March 1651. ^ A Perfect Account of the Daily Inteliigence from the Armies, March 17-24, 165^. E. 658 (i), p. 506. - Cf. Nicoll, Diary, p. 88. 122 THE CROMAVELLIAN UNION [MARCH 1 5 CI ASSENT xVND DESIRES OF ORKNEY AND SHETLAND ^ The right hono*^^*^ the CoiTiissioners of Parliament of the Comon wealth of England for orderinge and manag- inge Affaires in Scotland. The humble Answeare of CoiTiissioners of the Shyre of Orkney and Zetland. March 15, First wee doe hartily accept of y® Tender made to vs in 16.)-. Declaracon of y^ parliament of y® CoiTion wealth of Eng- land That Scotland be incorporated into and made one Comonwealth w^^^ England That thereby the same govern- ment that is established in England without a Kinge or howse of Lords vnder y^ free state and Comonwealth of England may be deryved to y^ people of Scotland. Secondly wee declare that wee will in the meane time Hue peaceably vnder and giue obedience vnto y^ Authority of the Parliament of y^ Comon Wealth of England exercised in Scotland. In testimony whereof wee doe in name and behalfe of y^ Shvre aforesaid subscrive theise pnts at Dalkeith v^ 15 of IVIarch 1652. A. G. BucHAXox.- Jo. CllAIGIK. Thirdly in reference to y^ last pposition putt vpp bo yo'" hono''^ to vs: wee desire that First wee may be allowed in such iust Interest as is con- sistent w*^ the nature of said Vnion, which wee conceiue to be y^ true intention of Parliament of England theire declaration. Secondly that an Act of grace and favor may be extendit to all y® people of this nation And especially that all for- ^ Portland MSS., N. xx. 143. It is printed in Severall Proceedings^ March 18-25, 1652, - Probably Arthur Buchanan of Sound. He sat in the Convention of 1667. Cf. Foster, Me>!ibers of Parliament, p. 41. i6S2] PROPOSALS OF ORKNEY AND SHETLAND 123 feitures confiscations and sequestracons may be taken of and discharged. Thirdly that our prisoners be released and y'^ burdens of our Sesse eased. Fourthly that in respect of y^ heavy p^'iudice that many in this nation lye vnder for want of Justice That yo"" hono*'^ would be pleased to take such speedy course for setlinge of such ancient and laudable lawes of this nation as may be consistent with this p^sent Government of y^ Comonwealth, And by fillinge of places of Trust and Judicatory with men of knowne ability integrity and experience by advice of this nation or representatiue thereof. There are many and may be other thinges necessary for y^. right perfittinge of y*^ said vnion that for y^ p^sent cannott well be thought vppon, Therefore it is our desire that some may be authorised from this nation To meet with y^ Com^'^ of y^ Parlt. of y^ Comonwealth of England for y^ better effectuatinge thereof and a tyme and place appoynted for theire meetinge. And in the meane tyme if yo^ hono^^ thinke it expedient That y^ Comissioners of Shy res and Burrowes may be permitted to meet amongst themselues for condiscendinge vppon such overtures as best may conduce for y"-' settlement and p'servation of the said vnion and Comon wealth. Endorsed : — Coppie Assent of the Deputies of the Sheire of Orkney and Zetland to if Vnion. Read 23 March 1651. CII DESIRES OF ORKNEY AND SHETLAND ^ To the right Hono^^'^^ the Com'"^ for the Parliam^ of the CoiTion Wealth of England For ordering and managing y® Affaires of Scotland. The humble desires of the Deputies for the Shire of Orkney and Zetland. ^ Portland MS S.^ N. xx. 144. 124 THE CROMWELLIAN VSION [march 15 March 15, First wee humbly desire to vnderstand what order shall bee established for the replanting of the Kirks of o^' Shire (they being all vacant for the p*"sent except twoe) And that some bee disioyned in respect there bee twoe or three vnder the charge of one Pastor, For there is a sufficiency of Competent maintenance for those Kirks that admitts of disiovneino^. Secondly That in respect there is a great decay of o"^ Seminary of Learning by reason that the competent stipend allotted of old to the Gramer Schools of Kirkwoll is for the most p^ abstracted by particular gentlemen w^^in the Shire and applied to theire owne use. Therefore wee desire that there bee an order emitted for recovering of the same. Thirdly In regard wee Hue remote from the publique Seate of Justice wee desire yo^' Hono*"^ woidd bee pleased (w^^^ all possible diligence) to appoint as SherrifF w^^in the said Sheire (w*^^ advice of the Inhabitants thereof) a 'Man feareing God and of knowne integretie and Affection to the Comon Wealth For administracon of Justice w^'^out partialitie or respect of Persons, As alsoe that o^' Former Gierke James Rutter bee con- tinued in his office of Clerkeshipp w^Mn the said shire, wee haueing had sufficient experience of his integritie and abilitie heretofore. Fourthly wee humbly desire yo^' hono^'^ would be pleased to take to Consideracon the sad and deplorable Condicon of our Land which liath bin overburdened with heavy Taxacons and imposicons flowinge from y*^ Estates of Scotland for y^ pro- movinfje theire seu^all inojagements in warre, as alsoe that wee were overvalued by our then superio''^ in 700^ scottis monethly as witnes tlieir owne Act of Parliament made thereanent, theirfore wee humbly crave a Mittigation of o"" p*"sent Assessm*^ Av%out the which (in truth and vprightnes of hart wee speake) wee cannott subsist. Fifthly that seeinge since o*" last valuacon some mens estates within o** Land are bettered, others totally ruinated, Therefore our desire is yo^ hono""^ will be pleased to order some men of trust and Integrety w^in our shyre for rectifyinge o*" sad valuacon, 1652] PROPOSALS OF ORKNEY AND SHETLAND 125 that all men may share alike in the publike burden ppor- tionallie. Sixtly because o'* shyre in all tymes bygone has had Coirierce and tradinge w^^^ Xoorway for iniportinge of boates for o^" fishinge and other Timber requisite for ploughinge of ye ground w^^ cannot be had elsewhere, therefore wee desire o"^ former tradinge (without y^ which wee cannott subsist) may be continued and authorised by yo"^ hono*"^ pteccon And that wee mav be licenced to export as much Cornes, comonly called sterh'nge, as may scrue for buyinge of y^ said Timber and boates. Seventhly whereas in our late levy pressed vppon vs by Collonell S"^ James Douglas in Anno 1651 The said Collonell did extort and exact from y'^ Inhabitants of y^ shyre the suiTie of 500^ sterlinge or thereby in name of levye Money to the greate p^'iudice of y® Land, which he did apply to his owne private vse. Therefore wee humbly intreate yo^ hono*"^ to giue warrant for recovery of y^ same That wee may be the better enabled to pay our p^sent sesse. Eightly and because the vnion setled in o'* shyre in sub- ordination to the Comonwealth of England may be happily p^iudiced to seditious and divisive spirritts booth byloyteringe and newtrall persons refusinge to concurre w*^^ the prosecut- inge of any publike orders shall flow from authority, therefore o"^ humble desyre is yo^' hono''^ may be pleased To warrand the Sherriffe to take notice of such persons and to relate them accordingly to such as shall be authorised by y^ parliament for abandoninge enormityes of y^ like nature. Nynthly and because theire be sundry persons lately crept into o*" land whose fortunes lyes in y^ South laboringe to dis- turbe y^ peace of y® Land and to interrupt y^ begun vnion. Therefore wee desire that they may be removed thence as havmge noe interest there, That soe all obstruccdns beinge taken out of y^ way wee may carry on the worke intrusted to vs w*^^ greater freed ome and alacrity e. Tenthly In respect that Zetland is a third part of o^ shyre V26 THE CROMWELLIAX UNION [march 15 is lyable to a third of all burdens imposed vppon vs, and seeinge they are 80 Miles of sea distant from vs, wee desyre they may sustayne theire owne proportionable burden accord- inge to o^ accustomed forme And wee thereof exonered in all Advancements. Therefore yo'' hono*= answere wee humbly craue and wait for, desiringe that y^ distance of o^ shyre from this place mav be soe considered of by yo^ hono^'^ as that w^*^ all conveniencv wee may be dispatched hence And yo^ hono^^ gracious Answere speedily retourned By those who are, right hono^^^, Yo' humble Servants A. G. BuCHANOX. Jo. Craigie. Endorsed : — Soine passages herein. Coppie Desires of. 1/ Sheires of Orkneu and Zetland. cm ASSENT OF DYSART^ To the right hono^'^^ the Comissi oners of the CoiTion- wealth of England for orderinge and managinge affaires in Scotland. The humble Answere of the Comissioner of v^ Burgh of Dyssert in name and behalfe of the said Burgh. March 16, First, In name and behalfe of y^ said Burgh I doe hartily accept of the Tender made to me in y^ Declaracon of y^' Parliament of the Comonwealth of England that Scotland be incorporate into and made one Comonwealth with England, tha.t thereby y® same Government that is established in England without a kinge or house of Lords vnder y^ free State and Coinonwealth of England may be derived to y® people of Scotland. Secondly, I declare that wee will in the meane tvme line ^ Portland MS S., X. xx. 141. 1652] DYSART'S PETITION 127 peaceably vnder and giue obedience vnto the Authority of y*^ Parliament of the Comonwealth of England exercised in Scotland. In testimony whereof I doe in name and behalfe of y^ Burgh aforesaid subscrive theis pnts at Dalkeith y^ 16 day of March, 1652. James Halyburtonne. Endorsed : — Coppie Assent of Deputie of the Burrough of Dysert to the vnion, CIV DESIRES OF DYSART^ I James Halyburtonne Comissioner for y^ Burgh of Dyssert j\iarch 16, Doe humbly supplicate yo** hono^^ to take to Consideration the greate losse that the poore Towne hath sustayned since y^ English Army came to Fyfe, as the perticulers heerwith produced will testify, beside transient quarteringes, as alsoe y^ poore Towne is now made an Garrison and y^ ex pence of Coale, candle and other necessaries they are put to is more noo theire Monethly assessment which should come of the Landmark and not of y^ Burgh. Sua we intreate for reliefe of y® Cess duringe yo"^ bono*"* pleasure. And alsoe harbour is fallen dovvne, which will make the Towne vnprofitable vnles it be repaired. And in like manner wee desire a new electione of Magistrates with an warrand for that effect. Soe except yo'" hono*"^ grante an exemption to them to be free of y*^ Cess for an Certeine tyme, be all appearance Dysert will turne an Desert, And vo^' hono*^ Answere. Endorsed : — Coppie Desires ofy^ Deputie of the Burrough of Dyssert, CV ASSENT AND DESIRES OF THE HERITORS AND OTHERS OF PERTHSHIRE- Dalkeith, March 17, 1652. Forasmuch as the Comission^'^ of the Parliam* of the CoiTion March 17. AVealth of England haue directed to the Hereto'"^ and Rentello'"'^ 1 Portland MSS.y N. xx. 142. - Ibid. N. XX. 150. 128 THE CROMWELLIAX UNION [march i; of the Shire of Pearth the Declaracon of the Parliam* of the CoiTion Wealth of England concerning the settlem* of Scotland to-geather w^^ the Tender conteyned in the second Article of the Declaracon That Scotland be incorporated in ane CoiTion Wealth w^*^ England, And the Herito^^^ Rentallo^"^ of the shire of Pearth haueing Authorized vs James Earle of Annan - daill and S^' John Drummond of Drip w*^ Comission to that effect, wee doe therefore for o^ selues and in name and by Warrant of the Shyre returne this Answere, That as to the Tender of the second Article, whereby it is declared that Scotland shall and may be incorporated into and become one Comon Wealth w^^^ England whereby the same Gouernm* w*^^ is established there and enioyed by the good people of that Nation vnd^" the Free State and the CoiTion Wealth of England as it is now settled w*^out King or howse of Lords may bee derived to the People of Scotland, Wee doe accept of the Tender and acquies therevnto. Wee alsoe doe declare that wee will in the meane time Hue peaceably vnd'" and give obedience to the Authoritie of the Parliam* of the Comon AVealth of England exercised in Scotland. In witnes whereof wee haue signed this day and yeare abouesaid. AXXAXDALE. J. Drummoxd. A true coppie, ex"^ C. Baker, Sec'' to s'^ Com^\ That the Vnion conteyned in the tother Paper may bee brought to effect w*'' satisfaccon to the People of Scotland wee doe humbly desire, that soe soone as the Comission" from the seuall Shires and Boroughs shall bee fully heard A short time may bee condiscended vpon by tlieire Advice for the pfecting of the Vnion, and also that it bee declared by Authority of the Parliam* of the Comon Wealth of England That for the future this Nation shall bee protected in the exercise of the true Protestant Religion, in the inioym* of theire owne Lawes and in the Freedome of theire Persons and in the right and propertie of theire estate and goods, And that for Bygones an Act of grace and favc'' may bee extended to all the people of the Land who shall consent to this ^'nion, And that in pticuler all Forfeitures, Confiscations and Seques- 1652] PERTHSHIRE'S PROPOSALS 129 trations bee taken off and discharged, the prison'*^ released, the insupportable burthen of the Cess eased and a Considerable part of the Forces remoued. And in regard of the great import- ance it will bee to the good of this Nation the right ordering of Civill Judicatories, It is humbly desired that these Judi- catories, Judges and times of theire meeting may bee settled by advice of the whole Nation or theire representatives to iudge according to the Knowne Law, And likewise that the Mint bee reestablished w*hin this Nation, And because many other things will bee necessary for the settleing of the Vnion y/ch fQj. present cannot bee thought vpon by vs. Wee doe desire that a select number of Fitt psons bee Authorised from the seu^all Counties to meete w% the Comission^^ of the Parliam* of the Com on Wealth of England and a Warrant may bee jjraunted for theire meetino^. Annandale. J. Drummond. A true coppie, ex^ C. Bakeh, Seci'^ to Com''\ Endorsed : — Coppie Answer and Desires ofy^ Deputies ofy^ Slieire of F earth. CVI COMMISSION TO THE DEPUTY FOR ROSS-SHIRE^ The Comissioners of the Parliament of the Comonwealth of Blaiclii?, England havinge required y^ heritours and Rentallers of the Shire of Ross to chuse two of their number to knowe from them the intencon and pleasure of the Parliament of England for a lastinge peace in this Island, Wee doe by these p^'sents fully authorise Robert Monro of Fouls our only Comissioner to goe and wayte vppon the said Comissioners at Dalkeith the Twenty first of March instant And there to know theire plea- sures for the settlement of a lastinge peace, with power to our said Comissioner on our behalfe to treate, reason, determine, and conclude in all thinges that shall happen to be pposed there for effectinge y^ same, And to represent the hardshipps ^ Portland MS S., N. xx. i6o. I 130 THE CROMWELLIAN UNION [march 17 of this poore Countrey for redressinge thereof soe farr as may be possible, firme and stable holding and for to hold whatso- ever our said Comissioner doth or leades to be done in the p^'mises. Signed by vs at Tayne the 17*^ day of March 1652 yeares. Walter Inxes of Inidbreky. MoNiio of Fremtene. B. LovAY of Arbo. W. SWILOXD [?]. 1 Robert Innes. Ross of Pitcalnie. Tho. Mackenzie. J. Dolebglace [?]. W. Wood. Collin M^Kenzie. John Ros. Vera Copla : Jo. Phelpes, Seer, Endorsed : — Comission, Ross'shire, Roht. Monroe^ Deputy, Mar. 25, 1651. CVII COMMISSION TO THE DEPUTY FOR TAIN ^ ^Iai^?h^l7, At Tayne y^ seaventeene day of March 1652. The which day the Burgess and neighbours of the Burrough of Tayne havinge this day at y^ desire of y^ Comissioners of y^ Parliament of Comonwealth of Eng^land convened within our said Burrough for electinge one person of Integrety and good affection to y® welfare and peace of this Island. And after mature delibacon Wee haue elected and fully authorised David Ross one of our neighbours a person havinge good affection to the Welfare and peace of this Hand our Comis- sioner to goe and wayte vppon y^ said Comission" at Dalkeith the twentie first of March instant, And there to know their pleasures for the settlement of a lastinge peace, with full power to our said Comissioner on our behalfe to treate, reason, vote, determine and Conclude in all thinges that shall happen to be pposed there for eff'ectinge y® same. And represent y® hardshipp of this Burrough for redressinge thereof soe farr as may be possible, firme, and stable, holdinge and for to hold whatsoever Name unreadable. - Portland MSS.y N. xx. 159. 1652] THE MARQUIS OF ARGYLL 131 our said CoiTiissioner doth or leadis to be done in the p'misses. Signed by vs day yeare and place aforesaid. Jo. Ross. H. ^I^CuLLOCH, Provost. W. Ross. John Monro, Bayllie. John M^Culloch. Jo" Fergussone. Jajies M^Culloch. W. Ross. L. Ros. W. M^Culloch, elder. Walter Hay. W. M^Culloch, yo'". R. Hay. W. Sury [?]. William Donooome. Daniell Ross. M^'Carchilpe. Forrester Clerk [?]. Vera Copia : Jo. Phelpes, Seer. Endorsed : — Taine Burgh Comission, Roht. Rosse, Deputy, Mar. 25, 1651. CVHI EFFECT OF THE CONFERENCE BETWEEN THE COM- MISSIONERS AND THE MARQUIS OF ARGYLl/ Dumbarton, March 18, being Thorsday, 1651. The 17*^ of March 1651 being Wednesday in psuance of y^ March 18, order of y^ Comissioners we mett y^ Marqnayse of Argyle at Dumbarton, and did let him know y* according to his letters, y^ Comissioners of Parliam^ had sent us to give his Lordship an opportunity to communicate his mind and desires to y"\ 1^' The first thing his Lordship desired was, y* if we had any thing of prejudice against him to object, he might know the particulars and thereby haue opportunity to give satisfac- tion therein. It was answered we were sent to receiue such desires as his Lordship had to make ; he replyed, y^ he was prevented in w^ he [had] to desire, in order to y® settlement of [the] nation and y® good of y^ whole Hand by y^ positiue resolutions of y® Parliament expressed in their Declaration, w^^ he [had] no ^ Portland MSS.^ N. xx. 151. This document is printed ahiiost in its entirety in Hist. MSS. Comm. Report^ xiii. pt. i. p. 635. V32 THE CROMWELLIAN UNION [march i8 knowledge of w" he fir>t desired [an] opportunity to communi- cate his mind. Never less thou he believed Commis- sioners might not go contrary to Parliament had ex- pressed, yet he thought it might be worthy of consideration in order to y^ very ends ppounded by Parliam^ y* a number of select psons, who had in Scotland constantly w*^ England opposed y® Comon enemy might be pmitted to convene and meete tooether for redresino^ and ffiuing; mutuall satisfacion. It was answered y* y^ Parliam^ of England liad declared their intentions concerning y^ settlement of Scotland by y^ union pposed, And y* their Commissioners by their authority had given y^ people of Scotland opportunity to expresse their acceptance of y® tender of union, declaring w^^all, if they accepted of y^ union, y^ y" they would be ready to receiue such overtures from y™ as might make y^ said union effectual!, and w^'^ best satisfaccion to y^ people of Scotland. He desired to know w^ was expected from him, and how he might demeane himselfe, touching y^ premises, and w* was intended concerning him. It was answered y^ we were sent to receive his desires and not to tender pposicions to him, y^ Commissioners of Parliam* hauing not thought meet to do any thing of y^ nature to anv indiui[dual] psons in Scotland, and therefore must referre him therein to y^ Parliam^^ declaracion ; yet since [he] insisted so much upon these particulars y* if [he] pleased in writing to expresse y^ to y^ Commissioners, we doupted not but they would be taken [into] consideration by y™. 3^^ That as he desired to be at some certavntv concerning- y^ premisses, so he had not resolved [to] demeane hiniselfe other- wayes y" peaceably towards [the] authority of y^ Parliam* of y^ Comon wealth of England exercised in Scotland, and y^ if it should be found convenient for y^ settlem^ of Scotland, y' any places should be fortifyed in hyghlands where he had inte- rest, y* upon notice giuen him (w^'^ he desired) he shold be so farre from opposing y® same, y* he shold be ready to give liis aduise and assistance therin. 4?'>' he farther declared y* y^ shire of Argyle w [ould] w^^^ all 1652] KIRKCUDBRIGHT'S ASSENT 133 possible speed send Comissioiiers to Dalkeith w^^ full power and authority according to Commissioners summons directed to shire, and althow y^ shire was very unable to pay any Cesse, by reson of y^ great devastacions made by Montrosse for their affection to y*^ Parliam* of England, as he alleadged ; And y* y^ Authority of Scotland found causse not to lay any burthen upon y^ said Countrey, yet to show how willing they were according to their ability to do any thing y* might ex- presse y'" w^^^ other shires to be under y^ Protection of y® Par- liam* of England, they shold be ready beyond their ability to pay towards y^ said Assessement.^ Endorsed : — The cjfect of if conference between the ConV' and the Earle of Ar guile. Read 26 March 1652. CIX COM31ISSION OF ASSENT TO THE DEPUTIES EOll THE STEWAHTRY OF KIKKCUDBRIGHT ^ Whereas y^ eiMiteenth of this Moneth of IMarch was assigned March 18, by y® right hono^^^ y^ CoiTiissioners of y^ Parliam* of y'^ Comon wealth of England appoynted for orderinge and managinge tlie affaires of Scotland vnto the Stewartrie of Kirkuburgh To send out theire deputies or Comission^^ for acceptinge y^ pposals and Tender of y® Comonwealth of England for incor- poratinge of y^ two nations of England and Scotland, And findinge a })art of y^ Gentrye assuminge to themselues y® repre- sentatiue of the whole Stewartrie haue sent out a Deputy with Comission to refuse y^ said proposalls and tender for reasons included within the same, wherevnto wee and many more within y^ Stewartrie is not Consenters,^ for y^ which cause wee vnder- ^ For Argyll, cf. Nos. ir., iv., vi., xiii., xxi. Correspondence relating to his interview with the Commissioners on March 17 is printed in Firth, Scotland and the Com/nonwealth, pp. 37, 40, 42. Deane and Lilburne's expedition into the Highlands at length compelled Argyll to accept the Union on August 19, 1652 {ibid. p. 48). Argyllshire had made submission on April 26{infra No. CXLlv). - Portland AfSS-fN. xx. 158. It is printed in Sevcra// Proceeding's, April 15-22, 1652. E. 794 (25). Cf. No. xcjx. 134 THE CROMWELLIAN UNION [march i8 scrivers and all others adhearing to vs by these p^sents giues full power and Comission vnto George Maxwell of Munches and Andro Lindsay of Auchenskeoche to appeare before y^ right honoble y^ Comissioners of y^ Parliam^ of y® Comonwealth of England to disclayme y^ said Comission and in our names to ptest against y^ same. Wee doe likewise heerby giue full power and Comission to y^ said George Maxwell of Munches and Andro Lindsay of Auchenskeoch to receaue ppositions of y^ Tender of y^ Parlia- ment of y^ Comonwealth of England and to treate accept and Conclude therein as v^" said George Maxwell and Andro Lind- say shall thinke fitt and expedient for incorporatinge y^ said two nations and establishinge an happy peace and vnion therein. And what our said deputies shall Conclude wee oblige our selues to stand and abide thereat. By these p^'sents sub- scrived with o^ hands at Kirkojunzen eio^hteene dav of March 1652. Ve7'a copia : Jo. Phelpes, Seer. Lo. Herkeis.^ T. Glendoxixg of Portumney. John Herreis of Mabie. Edward Maxwell of Barnbushell. Andro Lindsay of Auchenkerth. WiLLiAJ^i Browne of ]\Iuntonne. Tho. Maxwell of Corswede. William Maxwell of Castlegoure. Gilbert Browne of Bargbie. John Lindsay of Wauchope. John Lindsay of Maynes. John Sturgeon of Torrorv. James Maxwell of Wreathes. John Browne of Mallance. BoBERT Herreis of Barnbaroche. Geo. Maxwell of Munchees. Endorsed : — Kirlaiidburgh, March 27, 1651. ^ John Maxwell, Baron Ilerries cf Terregles, afterwards (1667) third Earl of Nithsdale. INVERNESS^ ASSExNT 135 CX ASSENT OF INVERNESS^ To Right hon^^® Comission'^ of y^ Parliam'^ of y^ Comon Wealth of England for Ordering and Mannag- ing Affaires in Scotland. The humble Answer of y^ Coinission*^ of the Burgh of Inuernes in name and behalfe of the said Burgh. First I in name and behalfe of y® said Burgh doe heartily March 2u, accept of Tender made to vs in the Declaration of y^ Parlia- ment of y^ Comon- Wealth of England, that Scotland be in- corporated into and made one Coinon- wealth with England, that thereby that same Government that is established in Eng- land w*hout a King or House of Lords vnder y^ Free State and Comon-Wealth of England may be derived to y^ people of Scotland. Secondly I declare that Wee will in y^ meane time Hue peaceably vnder and giue obeadience vnto the authoritie of y^ Parliament of y^ Comon-Wealth of England exercised in Scotland. In testimony whereof I doe in name and behalfe of the Brough aforesaid subscribe theis p^'sents at Dalkeith the xx^^^ day of March 1652. Daniel Fuller. Endorsed : — Copp. Assent Deputie Burrough of Innvernes. CXI COMMISSION TO THE DEPUTY FOR PEEBLES'^ Wee the Burgesses and neighbours of y^ Burgh of Peibles Marcii 22, havinge seene and seriously considered the declaracon of the parliament of the Comonwealth of England And y^ declaracon of the Comissioners for orderinge and Managinge affaires in Scotland And alsoe an order of the said Com"^^ bearinge date 1 Portland MSS., N. xx. 149. - Il>7(L N. XX. 163. 136 THE CROMWELLIAN UNION [march 22 Tuelve day of March instant relatiue to a former conteyn- inge y^ pposicons given to y^ Deputies of other Shires and Burghes, doe nominate and authorise Robert Thomsone Deputy for our said Burgh To answere to y^ pposicons menconed in that paper and therw% sent to vs or to any other thing that shall be pposed vnto him in reference to y^ Burgh, And doe heerby ratify and confirme whatsoever our said deputie shall answere, ppose or conclude in our behalfes. Witness our hands at Peibles the Twentie twa day of the said Moneth of INIarch 1652. Vera copia Wm. Chestox. E. Raithe [?]. John Horsbexke. John Lowis, provost. David Puxdervile, Baylie. Alex^ Saxdeii. JoHX Stoddart. JOHX DiCKSOX. JoHX Edmoxd. Jo. Phelpes, Seer. Thomas AVilliamsoxe. A. Willi ajisox. JoHX Passoxe. Will. Lewis, Councell''. James Williamson. James Horshrikke, CouncelK. JoHX Bees. Endorsed : — Peibles Burgh Deputies Comission. March 22, 1652. CXII COMMISSION TO THE DEPUTIES FOR INVERNESS-SHIRE ^ March 23, Wee vndersubscribed Heretors and Rentallo'^^ of the SherrifF- 1652 dome of Innernesse In obedience to the summons sent to vs by the Comission'"^ of the Parliam* of the Comon Wealth of England for manageing and ordering affaires in Scotland of date the twenty one day of February V^W^ fifty two yeares, And by uertue of an seacond ord'" Issued forth by them of date from Dalkeith the twenty sixt day of February I'"vi^ fifty two yeares. Nominate, Choyse and appoint Kenneth ^ Portland MSS., N. xx. 1652] INVERNESS-SHIRKS DEPUTIES 137 M^Kenzie of Coull and Alex'' M^Intoschie younger of Connedge or Either of them our Deputies and CoiTiission'"^ to the effect couteyned in the said ord^, To whome wee giue full power and Comission for vs and in our behalfe to repaire to the said Comission'"^ where they are p^'sntley att Dalkeith and there to receiue from them all such overto^"^, Articles, proposito"s, or demaunds, which shall bee offered by them for the nearer vnion and Conjuncon of both Nacons, and also to giue into them by word or writt all overto^% Articles, proposito'^s or Demaunds necessary for that effect and for the particuler weall of this shire, and to treate, aduise. Consult and conclude therein And Generally all and euery thing to doe for settlem* of theise Nations as freely and absolutely as if wee were personally present. Whilke wee promitt to hould firme and stabill, in Witnesse whereof wee haue signed these presents w*^ our hands at Inuernesse the twentie third day of March 1652 yeares. Will, Alzenher. H. Kenzie. J. [?] Rose. Hectoii Mackentase. Keneth Mackenzie. Alex*^ Cutehbert. Hex. Eraser. A. Daler. J. Cuthbert. Alex. Makenzie. DUMRARR. JX. LOWATS. Vera Cop'ia : ex"^ , C. Baker, Seer. Endorsed : — Comission Kenneth Kenzie and Aleocander M'Intoschie, Deputies of if Sheire of Imccrnes^ 7 April 1652: read. Tho:mas Eraser. Jo. SORBEIR. Th. Dollair. E. Eraser. AVermtoshire. Tho-mas Shiues. E. DORBES. Et. Vase. Co. M*^ Lemxis. W^' M^GORLASTHE. J. RiNXS. 138 THE CROMWELLIAN UNION [march 24 CXIII COMMISSION TO THE DEPUTIES FOR THE SHIRE OF CAITHNESS ' . . . [illegible] the 24 of March 1652 . . . [illegible] Instruccons for John Sinclaire of . . . [illegible] and M*" George Monro of Newtowne. March 24, You are authorised forthwith to repaire to the English Comissioners at Dalkeith And there to represent the greivances of this Shire to them for obtayninge redresse thereanent, And likewise you haue power to Act in every thinge relatinge to the Wealle of this Island and Shire in particular as other Comissioners for other Shires siklike and in the samen manner as if every perticuler were inserted heervnto. By these p''sents subscribed as followeth, day, nioneth, place and yeare of God abouewritten. Jo. Sinclau. H. Sinclar [?]. R. Bruce [?]. J. Sinclare. John Sinclar. N. Sinclor. Wm. Sinclar. David Sinclare. Charles Luldell [?]. Vera Copia : ea^ by Jo. Phelpes, Seer. Endorsed : — Cathnes Deputies Comission to offer pposalls exhibited 8 April 1652. CXIV ASSENT OF DUNFERMLINE^ March 24, Beinge deputed and appoynted by y^ Burgesses and neigh- ^^'^'* hours of the Burgli of Dumferlinge to be present at Dalkeith, I vndersubscryvd and hayfand full power from them for closinge with y" ComissioiV^ of the Parliament of the Comon- wealth of England doe by theire order and in theire name declare theire Acceptance of y^ Parliam*^ Tender in their declaracon that Scotland be incorporated into and made one 1 Portland MSS., N. xx. 172. 2 Ibid. N. XX. 154. 1652] KIRKCUDBRIGHrS ASSENT 139 Coilion wealth with England, that theirby the same governm* that IS established in England without a Kinge and house of Lords be the same in Scotland, and sicklike they declare in the meane time to Hue peaceably vnder and giue obedience vnto y^ Authority of the Parliament of y*^ Comonwealth of England exercised in Scotland. In witness wheireof I haue heeronto subscrybed my name at Dalkeith the 24*^ of March 1652. J. Keith. A true coppie f.r., C. Baker, Seer. Endorsed: — Copptc Answer Deputie of the Burroiigli of Bumferling, 24^^' Mareli 165J. Read"^ April 1652. cxv ASSENT OF CERTAIN OF THE STEWARTllY OF KIRKCUDBRIGHT ' To the right hono^''^^ the Coni''^ of the Parliam^ of the Comonwealth of England for orderinge and Manag- inge Affaires in Scotland. Wee vnderscribers of y^ Stewartrye of Kirkudbright doe March heerby humbly testify and declare our voluntary acceptance of Parliaments Tender in theire declaracon That Scotland be incorporated into and made one Comonwealth w*'^ England, that thereby the same Governm^ that is established in England without a Kinge or house of Lords vnder y^ free state and Comonwealth of England may be derived to y^ people of Scotland. And wee declare that wee will in the meane time liue peaceably vnder and giue obedience vnto the Authority of the Parliament of y^ Comonwealth of England exercised in Scotland. And wee doe hartily begg y"^ Lord soe to direct yo'" harts in y*" psecution of this greate worke as may most advance his glorye in y'' establishment of Religion, setlinge of y'' nations in a firme and happy vnion. And the freedome and Tranquillity 1 Portland A/SS.y N. xx. 199. It is printed in Several/ Proceedings, April 15-22, 1652. E. 794 (25). THE CROMWELLIAN UxNION [march 24 of all his people in that bond w^hin this Island. At Dalkeith y'^ 24 of March 165 J. R. Nithisdaill. Cerstet Steure. P. W. Sernxay. AViLLIAlM OSBURNE. Patrick Muhdoche. Ve)-a Copia : Jo. Phelpes, Sec?\ Read % April 1652. Endorsed : — Severall Gent, of the steuarty of Kirlccudhriglit their assent p'sented March 25, 1651. CXVI A DECLARATION OF THE PARLIAIMENT OF ENGLAN13 IN ORDER TO THE UNITING OF SCOTLAND INTO ONE COMMONWEALTH WITH ENGLAND^ March 25, AVhereas the several Shires and Burroughs of Scotland^ hereafter mentioned, have by their Deputies assented unto the Tender of the Parliament of the Commonwealth of England^ That Scotland shall and may be Incorporated into, and become one Commonwealth ^\\th. England ; whereby the same Govern- ment that is Established here, and enjoyed by the Good People of this Nation, under the Free State and Common- wealth of England, is now setled without King or House of Lords, may be derived and communicated unto them, with such convenient speed as the same can be made practicable amongst them ; That is to say. The Shires of Barwulc.^ Haddington, Roxborough, Linlithgo, Dunharton, Dumfr^eze, JViton, Forfar, A herdcen,Banif Bute, Lanerlx, Kinlmrdine, Nearn, Sterling, Clackmannan, Edinburghshire, Fife, Pebles, Selkirk. Orkney and Zetland, and Pearth ; And the Burroughs of Edin- burgh, Aberdeen, S' Andrews, Pearth, Rothsea, Dundee, Aber- bothick, Lauther, Haddington, Du)ibar, Noiih Berwick, Linlithgo, ' Two Declaj-atiofis of the Parliament of the Commonwealth of England. E. 659 (19). The declaration was proclaimed at Edinburgh on Wednesday, April 21, 1652 (Nicoll, Diary, p. 92), with the appended warrant to the Burghs and Shires to elect deputies. 1652] THE DECLARATION OF UNION 141 Queens-Ferry, SterUug, Kugland, Wifon, Forfar, Montross, Bumf, Breichan, Briuit- Island, Crayl, JedhoroiLgli, Dumharton, Cullein, Amfitroder-Wc.st , Pittcmcei/n, Elgin, Cowper, Kinghorn, Iniierhething, Kooleross, KUrcnny, Amstrother-East, SeUcirA; Disert, Glasgoio, Inncrness and Kircaldy ; as by the several and respective Declarations, signed under the Hands of the said Deputies of Shires and Burroughs, and presented to the Parliament, and there now remaining, doth appear. Upon consideration whereof the Parliament have Resolved, That a Bill be brought in for making the said Union accord- ingly ; and do Declare, That the People of this whole Island shall be represented in One Parliament, and be Governed by their successive Representatives therein ; and that the People of Scotland shall send iNIenibers to serve in the Parliament of the Commonwealth of England, in such proportion and at such time, as shall be hereafter declared. And as to the particulars for the effecting hereof, and selling of the Laws and Government in Scotland, and other things necessary for compleating the said Union, the Parlia- ment do think fit. That a certain number of Deputies, to be Chosen and Commissionated in maner hereafter expressed, do attend the Parliament, or such persons, and at such places as the Parliament shall appoint, on the behalf of the Shires and Burroughs of Scotland consenting to the said Union, with full power to eft'ect the premises : And for this purpose the Parlia- ment dotli Declare, That the respective Shires and Burroughs of Scotland, unto whom Warrants for Electing Deputies to meet with the Commissioners of Parliament at DalKieth, have been formerly sent by the said Commissioners; and who in pursuance thereof have, by their Deputies or otherwise, de- clared their Consent unto the said Union, which hath been received and allowed by the said Commissioners of Parliament ; or such Shires and Burroughs as shall, after the publishing of this Declaration, and before the time herein appointed for the new Election of Deputies, declare their Consent unto the said Union, to the effect of what hath been already declared by the rest of the Shires and Burroughs, and such Declaration of theirs be accepted and allowed of by the Commissioners of the Parliament, or the Conunander in chief for the time being in 142 THE CROMWELLIAN UNION [march 25 Scotland, shall be capable of choosing and sending Deputies for the intent aforesaid : And all such Shires and Burroughs as aforesaid, that is to say, The Heritors and Rentallers of the said Shires, and the Neighbors and Burgesses of the said Burroughs respectively, are hereby authorised and required to meet at some convenient place within their respective Shires and Burroughs, at some time before the end of the Moneth of Jidi/ next, and then and there to Elect and Choose for their Deputies respectively, persons of known Integrity, and such as have declared their Consent to the said Union, in like Numbers as formerly they were authorised to do by the Commissioners of Parliament residing at Dallcieth in Scotland, which persons so Elected, are to be commissionated by their respective Shires and Burroughs, according to the Tenor fol- lowing : — We Underwritei's being authorised and required by the Par- liament of the Commonwealth o/* England to Elect persons of known Integrity, and icho have declared their Con- sent, That Scotland be Incorporated into, and made One Com- monwealth with England; with power on our behalf, to meet with the rest of the Deputies of Shires arid Burroughs at Edinburgh, at or before the Tzcentieth day of August, One thousand SicV hundred fifty two; and there by Vote of the major part of Deputies present, to Elect Fourteen persons to represent all the Shires of Scotland consenting to the Union as aforesaid; and Seven persons to I'cpresent all the Burroughs consenting as aforesaid, to attend the Parliament o/" England, or such as they shall appoint, as is directed by their Declaration bearing Date the Five and twentieth day of March, One thou- sand Six hundred fifty tzvo, and to havejull power for effecting the matters expressed in the said Declaration, Do give and grant for us and in our Name, and in the Name and behalf of unto full power to attend the Parliament of England, or such persons as they shall appoint, for effecting the matters expressed in the said Declaration, and to do all things requisite Jbr the perfecting the said Union; holding Jiinn and stable lohat shall be so done by our said Deputies, to all intents and jnirposcs, as ij'xve our selves had been in person present and done the same. [Who] are to meet at Edinburgh, at or before the Twentieth 1652] THE DECLARATION OF UNION 143 of August next, and out of themselves to Elect Fourteen persons to represent all the said Shires, and Seven persons to represent all the said Burroughs ; which One and twenty persons are to make their repair to the Parliament of England, or to such places in England as the Parliament shall appoint, upon the First day of Octoher, One thousand six hundred fifty two, with Commissions to them, or any Eleven of them, from the rest of the said Deputies of Shires and Burroughs, accord- ing to the Tenor hereafter expressed ; — We Underwritei'S, Depidies for the several Shires and Bur- roughs hereqfther named, That is to say, being thereunto authorised hij our said Shires and Burroughs, in pursuance of the Declaration of the Parliament of the Commonwealth o/" England in that behalf. Dated the Five and twentieth day of March, One thousand sioc hundred fifty two, have nominated and elected of our Number to lepresent our said Shires, and, to represent our said Burroughs ; which said One and twenty persons are to attend the Parliament q/" England, or such persons as the Par- liament shall appoint, in pursuance of and for the ends expressed in their said Declaration : And we do liereby give and grant, Jor us and in our Name, and in the Name and behalf of the said Shires and Bnrroug'hs, unto the said One and twenty per- sons or any Eleven of tliem, fidl power to bring to effect the matters expressed in the said Declaration, and to do all things requisite for the perfecting the said Union ; holding firm and stable zchat shall be so done by our Commissioners, to all intents and purposes, as if zee our selves had been in person present and done the same. And before the said Deputies do proceed to the Election of persons at their said meeting at Edinburgh to attend the Parlia- ment as aforesaid, they are in the presence of sucli as for that purpose shall be thereunto appointed by the said Commis- sioners, or by the Commander in chief of the Forces for the time being in Scotland, by writing under their Hands to declare their Consent to the Union in manner followins^ : I A. B. being chosen and deputed by do declare my willing Consent unto the Tender of the Parliament of the Commonwealth of England, That Scotland be Incorporated into, and made One Commonwealth with England, whereby the 144 THE CROMWELLIAN UxMOX [march 25 same Government that is established in England without King or House oj' Lords ^ may he derived to the People o/" Scotland ; and that I will he True and Faithful unto the said Govern- ment^ and live peaceahhj under, and yield obedience unto the Authority thereof exercised in Scotland. And for defraying the Expences of the said Deputies appointed as aforesaid to attend the Parliament upon this Service, it is thought fit, and hereby declared. That twentie Shillings Sterlin by the day be allowed unto each of the said Deputies during this service, from the time of their setting forth for England; and that according to the said proportion of Twenty shillings Sterlin by the day there be advanced unto each of the said Deputies, three Moneths allowance, which is to be paid them upon the place by the Commissioners at Leeth out of the Publique Revenue there, who are hereby authorised and required to issue the same accordingly.^ And the Commissioners of Parliament for Managing the Affairs of Scotland, or such as they shall appoint, are hereby authorised and required to cause this Declaration, by such persons as they shall appoint, to be published and made known unto the respective Shires and Burroughs as aforesaid, in such maner, as they may not pretend Ignorance thereof ; and such Publication shall to all intents and purposes be as effectual, for the authorising the said Shires and Burroughs to proceed to this election of Deputies as aforesaid, as if particular Sum- mons for that purpose had been granted unto each of them. CXVII ASSENT OF PEEBLES " To y^ right hono^^'® y^ Comissioncrs of y'^ Pariiam^ of y^ Comonwealth of England for orderinge and Manag- inge affaires in Scotland. The humble answere of Robert Thomsone chosen and appoynted Deputy for y'^ Burgh of Peibles. March 25, In behalfe of my selfe and those whom I represent I declare our free and vnanimous acceptance of and consent vnto the Tender On this matter, vide supra, p. xliii. ~ Portland MSS., N. xx. 162. ROSS-SHIRKS ASSENT 145 made by Parliament of the CoiTionwealth of England, that Scotland be incorporated into and made one Comon wealth with England, That thereby the same goument that is established and enioyed without a Kinge or house of Lords vnder y^ free Estate and Comon wealth of England may be derived vnto y® people of Scotland, And I doe further declare that wee will in y® meane tyme Hue peaceably vnder and giue obedience vnto y® Authority of the Parliament of y^ Comon wealth of England exercised in Scotland, Witnes my hand y^ 25th day of March 1652. Robert Thomsons. Vera copia, Jo. Phklpes, Seer. Endorsed : — Peibles burgh assent of Deputy, March 29, 1652. CXVIII ASSENT OF ROSS-SHIRE^ Answeres by the Deputy of y^ sheire of Ross to y^ proposi- tions pposed by y^ Comissioners of the Parliament of y^ Comon wealth of England for orderinge and Manag- inge Affaires in Scotland. I Robert Monro of Fouls, Deputy for y^ sheire of Ross, in March 26, behalfe of my selfe and those represented by me hereby declare our Acceptance of y^ Parliaments Tender in theire Declaracon that Scotland be incorporated into and made one Com on wealth with England, That thereby the same Govern^ that is esta- blished in England without a Kinge or house of Lords vnder y^' free estate and Comon wealth of England may be derived to y® people of Scotland. Secondly, I declare and do engage in behalfe of y^ said sheare that wee shall in y^ meane tyme line peaceably vnder and giue obedience vnto the Authority of the Parliament of ye CoiTion- wealth of England exercised in Scotland. R. MoNiio of Foul lis. Vera copia, Jo. Phelpes, Seer. Endorsed : — Rosse shire Deputies assent, March 26, 1652. Read 2 April 1652. ^ Portland MSS.y N. xx. 153. K 146 THE CROMWELLIAN UNION [march 26 CXIX ASSENT OF TAIN ^ Answeres by the Deputy of y^ Burgh of Tayne to the propositions pposed by y® Cofnissioners of y® Parliam* of y^ Comonwealth of England for orderinge and Managinge Affaires in Scotland. March 2G, I David Ross Deputy for the Burgh of Tayne in behalfe of my selfe and those represented by me, heerby declare our Acceptance of Parliam*^ Tender in theire Declaracon that Scotland be incorporated into and made one Comon wealth with England, That thereby y^ same government that is established in England without a Kinge or house of Lords vnder y^ free estate and Comonwealth of England may be derived to y^ people of Scotland. Secondly, I declare and doe engadge in behalfe of y^ said Towne that wee shall in y^ meane tyme line peaceably vnder and giue obedience vnto y^ Authority of the Parliament of the CoiYionwealth of England exercised in Scotland. David Ross. Ve?'a copia : Jo. Phelpes, Seer. Endorsed : — Taine Burgh Deputies assent. Mar. 26, 1652. Read 2 April 1652. cxx COiMMISSION TO THE DEPUTIES FOR ARGYLLSHIRE^ March 27, Wee of the shire of Argile beinff mett and hauine: . . . 1652 00 o [illegihle^ to the shire by the Comission'"^ of the Parliam^ of the Comonwealth of England For ordering and managing of Affaires in Scotland, Haue in ord** therevnto nominat and elected James Campbell of Arkinglas and Master Dowgall Campbell of Lagg our Comission'"^ Authorising them To repaire to Dalkeith or where it shall happen the said Coinis- sion''^ of the Parliam* of the Comonwealth of England to bee 1 Portland MSS., N. xx. 152. - Ibid. N. XX. 185. 1 65 2] KIRKCALDY^S ASSENT 147 for the time, And there in name of this shire to treate, reasonne, and conclude w^^ them in all thino^es tendino- to the settlement of the tua Nations In a lasting peace, Providing that our said Comission*'^ doe not Condescend to anything Contrarie to the Covenant and the Oath of God lying on vs, Wherethrow wee may bee brought vnd*" the compass of perjurie and breach of Covenant, Astricting our said Comission''^ to bee faithfull and to report to ws theire Dilligence. In witnes of the qlk wee haue subscribeit this our Comission w*^^ our handes at Inveraray the twenty Seauenth day of March The yeir of God ane Thousand Six hundreth and Fifty tua yeares. R. Campbell of Donntoone. A. Campbell of Dunstafnage. D. Campbell of Inveray. Coline Campbell of Ardin- RoFF AcHiNwiLLixGE. tcnuye. Patrick Campbell of Knap. J. Lauchline of Praginterte. Neil Campbell of Rocodell. Malcolme M^Lieller of DowGALL Clerk of Brale- Kilblaine. chane. Nicoll M^Nicoll of Ettrik- A. Campbell of Kilberrie. more. Duncan M^Kellar of Mam. Read 14 May 1652. Endorsed : — Argyll shiir, Comission deputing Jam. Cainp- -bell, Dowgal Campbell. CXXI ASSENT OF KIRKCALDY^ Beingdeputed and appointed by the Burgesses and Neighbours March 28, of Kirkcaldy to bee present at Dalkeith the 28^^ of this Instant March, I vndersubscribing hauing full power from them for closing the Com'"^ of the Parliam^ of the CoiTion Wealth of England doe by theire order and in theire name declare theire Acceptance of the Parliam^^ Tender in theire Declaracon that Scotland bee incorporated into and made one Comon Wealth ^yth England, that thereby the same Gouernm* that is esta- 1 Portland MS S., N. xx. 148. 148 THE CROMWELLIAN UNION [march 28 blished in England w^^out a King and Howse of Lords bee the same in Scotland, and sicklyke they declare in the meane time to line peaceably vnd'" and giue obedience vnto the Authority of the Parliam* of the CoiTion Wealth of England exercised in Scotland. In witnes hereof I haue herevnto subscribed my name at Dalkeith this 28^^ March 1652. Dauid Fergusone. A true coppie^ Ea-^ C. Baker, Secry to .s^ Covi^\ Endorsed : — Copp. Ansicer of 1/ Deputie ofy'^ Biirrough of Kirlccaldy. CXXII OFFERS AND DESIEES OF PEEBLES^ To y^ right hono^^ y^ Comissioners of y*^ Parliament of , the Comonwealth of England for orderinge and manag- inge Affaires in Scotland. The humble offers and desires of Robert Thomson Deputy for y^ Burgh of Peibles. March 29, To y^ end the \'nion menconed in the first Article of y^ paper may be brought to effect with satisfaccon to y^ people of Scotland, I for my selfe and in name and behalfe of those represented by me doe humbly desire : 1. That for y^ quietinge of y^ Consciences of many godly people they may be protected in the exercise of y^ true pro- testant religion as it is established and pfessed within the Church of Scotland in Doctrine, worshipp, and goument. 2. That y^ people of this nation may enioy theire owne lawes, the freedomes of theire persons, the right and ppertie of theire Estates and goods and a gracious and favorable Act for all thinges past extended to y^ said people. 3. That all such who haue bin in Armes in obedience to y^ lawes of y^ Land or aidinge, assistinge, or abettinge to those warrs, beinge warranted by y® supreame Authority for y^ time, 1 Portland MSS., N. xx. i6i. 1652] INSTRUCTIONS FOR COMMISSIONERS 149 may be declared free of all forfeiture, confiscation, and seques- tracon of Lands and goods. 4. That all prisoners may be released, a considerable parte of the forces removed. The burthen of y^ insupportable Assessment eased, and y® Comonwealth may haue a name relatinge to and comprehending both nations. 5. That for y^ better pmovinge of y^ vnion and establish- ment of Civill Judicatories The representatiues of this nation may be admitted to y^ Parliament and may be authorised in y^ meane time to meete together for p'paringe and pposinge such overtures as may most conduce to y*^ perfeitinge of y^ same. Veya copia, Jo. Phelpes, Seer. Endorsed : — Peihles Burgh, Deputies ppomlls, Mareh 29, 1652. CXXIII DRAFT OF A LETTER TO BE SENT TO THE COMMISSIONERS ^ My Ve [sic] Gentlemen. Uppon the i-eporte made vnto the Parliam^ by S"" Henry March SO, Vane the younger and Collonell Fenwick ^ concerning the affayres of Scotland it pleased the Parliam^ to passe the Declaration,^ wherof printed coppyes are herewith sent vnto you by their command, by w^h likewise I acquaint you that they doe expect your care for putting that declaration in execution and that w^hen you shall see that by your directing the matter of this declaration is putt in a way of execution, and when you shall have caused the Courts of Judicature to be sett vp in Scotland, That then the L*^ Chiefe Justice S' John, Maior Salway, and Alderman Tychborne are heerby required to returne from Scotland, and att their comming away such directions are to be left as you shall see cause vppon the places ^ Portland MSS., N. xx. 273. On March 30 the House ordered ^Vhitelock to prepare a letter of this tenor. Cf. loiiruals, vol. vii. p. 112. 2 On March 16. Cf. supra^ No. lxxxiv. ^ Of March 25, supra^ No. cxvi. 150 THE CROMWELLIAN UNION [march 30 for carrying on the publique service in pursuance of your instructions. Endorsed: — The draught of a L^"" to be sent toy' Coyrf' of PUam^ in Scotland. Letters 1652. CXXIV COMMISSION TO THE DEPUTIES FOR MORAYSHIRE ^ March 30, Wee the Freeholders and Rentallers of the sherrifFdome of 1652 Elgin and Forres hauing receiued ane paper from the Comission'"^ of the Parliam^ of the Comonwealth of England for ordering and managing affaires in Scotland Makand mentionne that the Parliam* of the Comonwealth of Eno;land hauing declarit theire Intencons concerning the settlement of Scotland And appointit theire said Comission^'^ to publish and make knowne the same to the people of this Natione and to vse their endeauer whereby the said settlement mav w^'^ most satisfaccon and speed be effected and the whole Island through the goodnes of God brought to ane happy and lasting peace, Requiring there- fore and authorising vs to meete in some Convenient place w^^in our said shy re and there to nominate and elect twa persons of Integrity and good affeccon to the wellfaire and peace of this Island, Which persons so elected w^^ full power on our behalfe for effecting the p''misses were required to bee w^'^ the said Com'"^ at Dalkeith vpon the six and twentith day of February by last past, And wee accordingly hauing mett w'-Mn the Burgh of Elgin and electit tua such persons of integrity our Comiss^^ to the effect aboue written, who ware then resident at Edinburgh, on of them though bemg acquainted and adverteist of this trust put vpon him be vs did returne home, quhill or CoiTiission was addrest and direct to them, And therefore wee hauing againe w*^ . . . [illegible^ Burgh Convenit, doe by these p^'sents Nominate and elect Robert Innes younger of that Ilk and Robert Dunbarr younger of Westfeirs our CoiTiission''^ to the effect aboue written And authorise them w'^^ our full power on our behalfe for effecting 1 Portland MSS., N. xx. i6S. i652] MORAYSHIRKS DEPUTIES 151 the p''misses, ordaining them to repaire to Dalkeith towards the said Comission" w**^ all possible dilligence to the Effect aboLie written. Giuen ynd"" our hands Att Elgin the Penult of March j'^vi^ and fifty twa yeares. Vera copia : extd hy Jo. Phklpks, Sec. Robert Ixnes of that Ilk. John Innes. LoDouiCK GoiiDox. James Rose. John Guand of Balludweltshe. Dauid Dunbar. NiNNiAN Dunbar. J. BiNHAY. James Spene. W. B. PCAY. N. Bourlass. Tho. Tulloch. Robert Dunbar ii. Ax. Lesley. Endorsed: — Comissioii of Murray and Elgin shire, 8 Ajjril 1652. W. Dauid Stewart. Tho. Thumte [?] John Urquhard. Ja^ies Dunbarr. Alex. Urquhart. Jam. Falconer. Robert Gilspen of Kirkwood. cxxv ASSENT OF WILIJAM MAXWEIX, OF KIRKHOUSE ^ I William Maxwell of Kirkhouse Doe humbly testify and March .>o, declare my voluntary Acceptance of the Parliam*^ tender in ^^^'* theire Declaracon that Scotland bee incorporated into and made one comon wealth w^'^ England, that thereby the same Government that is established in England, w^^^out a King or house of Lords vud** the Free state and Comon wealth of England may bee derived vnto the people of Scotland, And I declare that I will in the meane time Hue peaceably vnd"" and giue obedience vnto the Authority of the Parliam* of the Comon wealth of England exercised in Scotland, And I doe hartily begg the Lord so to direct your harts in the prosecucon of this greate worke as may most advance his glory in the establish- ment of Religion, setling of the Nations in a firme and happy ^ Portland MSS., N. xx. 173. 152 THE CROMWELLIAN UNION [march 30 vnion and the Freedome and tranquillity of all his people (in that bond) w^^in this Island. Dated at Dalkeith 30*^ day of March 1652. W" Maxwell. Vera copia : ejctd by Jo. Phelpes, Seer. Endorsed: — W'" Maxwell of Kirkudhright Ms personall assent to vnion: rec. April 9, 1652. CXXVI ASSENT OF SEVERAL HERITORS OF KIRKCUD- BRIGHTSHIRE ^ ^1652^^' Wee George Maxwell of Munches and Andrew Lindsay of Auchenskeoche In Pursuance of a Comission bearing date the Eighteenth day of March instant to us directed from the Lord Herreis, John Glandining of Partun, John Herreis of Mabie, John Lindsay of Wachop, Edward Maxwel of Barnbachel, John Lindsay of Maines, William Browne of Muntonne, John Sturgeone of Torrorie, James Maxwell of Wreaths [?], Thomas Maxwell of Corswada, William Maxwell of Castlegoure, John Browne of Mollance, Robert Herreis of Barnbarroche, and Gilbert Broune of Bargbie, Heretors of the Stewarty of Kirk Cudbright, doe hereby in behalfe of our selues and the aforesaid Parties humbly Testify and Declare our voluntary Acceptance of the Parliam*^ tend*" in theire Declaracon that Scotland bee incorporated into and made one Comon wealth w% England, that thereby the same Gouernm* y* is established in England w^'^out a King or house of Lords vnd'" the free state and Coinon wealth of England may bee deriued to the people of Scotland. And wee Declare that wee will in the meane time line peaceably Ynd** and giue obedience vnto the Authority of the Parliament of the Comon wealth of England exercised in Scotland. And wee doe hartily begg the Lord so to direct yo'' harts in the prosecucon of this greate worke as may most aduance his Glory in the establishm* of Religion, setling of the Nations in 1 Portland MSS., N. xvi. 120. It is printed in Sevirall Proceedings, April 15-22, 1652. E. 794 (25). 1652] KIRKCUDBRIGHT'S ASSENT 153 a firme and happy vnion and the freedome and tranquillity of all his people in that bond within this Island. Dated at Dalkeith the thirtith day of March 1652. AxD^ Lyndsay of Auchenskeoche. Geo. Maxwell of Munches. Endorsed : — Kirh Cudhrlght seuall heretors assents^ receiued March 30, 1652. CXXVII ASSENT OF PATRICK MURDOCH, OF DUMFRIES ^ To the right hono^^^ the Comission^^ of y^ Parliam* of the Comonwealth of England for orderinge and Managing Affaires in Scotland. Whereas the Burrough of Dumfreize or theire Deputie can- March 3o[ not as yett aknowledge theire Acceptance of the Tender of y^ Parliament of the Comon wealth of England as it is held forth in theire Declaracon,^ I Patrick Murdoche hera[i^or;^] and Burgess in Dumfreis doe heerby humbly testifie and declare my voluntarie Acceptance of the Parliaments Tender in theire Declaracon That Scotland be incorporated into and made one Comon wealth with England without a Kinge or house of Lords vnder y^ free state and Comon wealth of England may be derived to y® people of Scotland And I declare that I will in the meane time Hue peaceably vnder and giue obedience vnto the Authoritie of y^ Parliament of the Comon wealth of England exercised in Scotland. And I humbly desire that in respect of my former publike Imployment I may become serviceable vnto yo^' hono'"^ in such a manner as yo^' hono*"^ may Conceaue most meete and Con- venient. Patricke Murdoche. A true coppie ea^ : C. Baker, Seer. Endorsed : — Copp, Patricia Murdocke his psonall Consent to ' vn'ion. Allowed^ 9^^' Apr. 52. ^ Portland MSS., N. xx. 174. - Dumfries appears (cf. No. clix. infra) to have neglected to send her Deputy both to Dalkeith and Edinburgh. 154 THE CROMWELLIAN UNION [april6 CXXVIII LETTER FROM THE GOVERNOR OF DUMBARTON^ April 6, S"", — Vppon my retourne from Glasgow accordiiige to yo*' Coinand I tendred the oath to the officers that were chosen in Dunbarton, but they not beinge satisfied in their Consciences, as they p^tended, desired a Consideracon vppon it till this day whicli I accordingly graunted them. But I am deprived of my expectacon in theire takinge the oath, as yo^ hono^'^ may see by this inclosed.^ S^' I haue not bin wantinge in a per- swadinge them to the best of my Judgement And when I could not pvaile I comanded them not to Act till I know yo'* further pleasure. I haue receaved a Lfe from the Lord of Muckfarlinge ^ wherein he signifieth his willingness to become obedient to y^ Parliament of the Comonwealth of England, if his burden may but equall with the rest of his neighbours, for oppression from them, as he saith, hath bin the Cause of his standinge out, all which I humbly leaue to yo^ hono^'^ Con- sideracon who am, Right hono^^®, yo"" faithfuU servant Ja. Thompson. Dumbarton Castle Aprill 6^^ 1652. To the Right Hohle Maior Gral Deanc those at Dalkeith. Vera cop'ia exta hy Jo. Phelpes, Seer. Endorsed : — Dumbarton Lfe frora Gounour 9 Aprill 1652. CXXIX DUMBARTOX MAGISTRATES' REFUSAL OF THE OATH* . . . \torn\ The 6 of Aprill 1652. April 6, S% since Satturday last the Third of Aprill, which day you did signifye yo'* Comission for Administratinge of an oath to vs who are lately Elected Magistrates of Dunbritane, Wee 1 Portland MSS., N. xx. 178. - No. cxxix. 2 Walter Macfarlane of that Ilk. Cf. Douglas, Baronage, p. 96. 4 Portland MSS., N. xx. 177. DUMBARTON'S DISSENT 155 haue bin earnest with God for freedome to manifest our desires and due respects tbereanent. And now doe pmise to giiie obedience to the ParHanient of England and theire Authority exercised in Scotland in soe farre as Gods word is the rule to lead vs therein, And alsoe to exercise Justice in our respectiue Charges faithfully as god shall enable vs, And doe humbly intreate that more perticuler Acceptance of the oath may be continued vntill wee haue greater freedome and light in conscience for performinge the same, And that this o^ Answere may be retourned to y"^' right hono^^^ the Comission^ of y^ Parliam* of England, from whom wee doe expect such favorable Consideraccon as not to be lookt vppon as Con- temners of order.^ H. Campbell, provost. J. CouNiNGHAM, Bailliffe. M. Alpine, Bailliffe. To Captaine James Thomsone Governoiir of Dunbritane. Vera copia exd : by Jo. Phelpes, Seer. Endorsed : — Dumbarton Magistrates refusall of oath, April 1652. cxxx DESIRES OF SEVERAL DEPUTIES OF SHIRES^ To the right hono^^^ the CoiTiission^'^ of the Parliam* of the CoiTionwealth of England for orderinge and managinge Affaires in Scotland. The humble desires of the Deputies of Shires vnderscryvinge, April o, First, for present remedyinge many and heavy p^iudices the whole bodie of this nation suffers thorouo^h the \o\\^ want of Adminstracon of Justice, yo^" hono^^ will be pleased to authorise the Inferiour Judicatours to sitt, Cognosce and determine in such Causes as they haue formerly bin in vse to doe. Second, for repressinge the many Robberies, Thefts and ^ The Commissioners' reply upon this matter is printed in Firth, Scotland and the Commonwealth^ p. 39. - Portland MS S., N. xx. 164. 156 THE CROMWELLIAN UNION [APRIL 6 Murthers Comitted vppon the borders, yo"^ honors would empower some persons with Aiithoritie to app^'hend and incarcerate all such as are guilty of the aforesaid Crimes vntill such time as Criminall Judges shall be appointed. Third, for securinge such Shires as border vppon the high- lands from the incursions of highlanders, yo^ hono^^ would take such Course that the lawes of this nation may be with speed putt in Execution against all disturbers of the peace in those places, And that the said shires may receiue power to appoint e armed guards or watches of theire owne Inhabitants to be mayntayned vppon a part of the Sess, They givinge securitye to yo"^" hono**^ And to the officers quartered amonge them That they shall Act nothinge p^iudiciall to England or their forces. An END ALE. G. Sterlixge. J. Sinclair. B. SiXCLAIRE. Carnegy. Comonwealth of J. BiNXY. Jo. Veitch. Will. Bruce. Geo. Seatox. ]MuRREY. P. Scott. J. DuRiE. G. Blaire. J. Drumoxd. A true Coppie ea^ C. Baker, Seer. Endorsed : — Desires of sever all Deputies qfSheires. CXXXI DESIRE OF SEVERAL SHIRES^ To the right hono^^^ the Comission^^ of the Parliam^ of the Comonwealth of England for ordering and managing Affaires in Scotland. Aprils, The humble desire of the Dep^^^^ of shyres . , . [illegible] relating to the first Article . . . [illegible] given in upon the sixt of . . . That seeing yo"^ Hono*"^ are about to appoint Judges through the severall shyres of this Nation, you would be pleased to take into yo*" Consideracon all such persons who have had con- ferd vpon them any Jurisdicon or office, heritablie or ad vitam. 1 Portland MSS., N. xx. 176. 1652] CAITHNESS^ ASSENT 157 that they may yett be authorised by yo^" Hono'^ (after im- bracing of the Tender) to enioy and exercise their said offices and places as formerly vntill such time as the Com""^ to be sent from the shires and Burghs of this Nation shall meet w4i the Parliam* of England or their Com''^ for perfecting the vnion, Seing they have all good right thereto by the law of this Nation as to their lands, w^^ rights are so valid as they have not att any time bin revokeable by the kingly power, Also those offices aford to some of them a considerable p* of their livelihood. Ve)'a copia excl.^ Jo. Phelpes, Seer. Ann AND ALE. Caiinegy, G. Sterling. J. Drl'mond. Will. Bruce. J. Veitch. J. Dunbar. Geo. Seaton. G. Blair. J. SiNCLARE. J. InNES. W]\L BrUCE. Patrick Scott. B. Sinclare. Munro. Endorsed : — Desires qfseucdl shires exhibited 8 Aprill 1652. CXXXII ASSENT AND DESIRES OF THE SHIRE OF CAITHNESS^ To the right honourable The Com^^ from the Parliament of the Comon Wealth of England for Ordering and Manageing y^ affaires of Scotland. The answeare of John Sinclaire of Tannoch and M*' George IMonro of Newton Deputies from the shire of Caithnes to the Proposicons tendered to them by the said CoiTiis- sion*"^ Wee being authorized by Comission from the said shire Aprils, to repaire to Dalkeith to attend your Honn'^, And haveing receiued y^ Declaracon of the Parliam* of the Comon Wealth of England anent the settlement of Scotland, w^'^ a paper Conteyneing three proposicons in order to the said settlement, and requireing our positiue answeare in writeing therevnto. Doe retourne this answeare. 1 Portland MSS., N. xx. 171. 158 THE CROiVIAVELLIAN UNION [APRIL 8 As to the Tender whereby it is declaired that Scotland shall and may bee Incorporated into and become one Comon Wealth y^th England, Whereby the Gouerment that is Established there and Enjoyed by the good people of that Nation under the free state and Comon wealth of England as it is now setled w^^out King and Howse of Lords, may bee derived to the people of Scotland, Wee doe accept of y^ tender and accquiesce thereunto. As to the seacond proposicon, That it may appeare how- willing wee are to giue satisfaccon, Wee Declaire that wee for our selues and in Name of those by us rep^'sented will in the meane tyme Hue peaceably vnd*' and giue obedience vnto the Authority of the Parliam* of the Comon Wealth of England Exercised in Scotland. Jo. SiNCLAIlli:. Geo. Moxho. As to the third proposicon anent the ouerto*"^ of what wee conceiue requisite for bringeinge the vnion and settlem^ to Eft'ect w*^^ speed . . . [illegible] the people of Scotland, Wee humbly . . . [illegible] perticuler tyme may bee agreed uppon for perfecting the vnion. That It bee declared by authority of the Parliam* of the Comon Wealth of England that this Nation for the future shall bee protected in the present Exer- cise of the true protestant religion, in the Enjoyment of their owne Laws, the freedome of theire persons and in the right and property of theire Estates and goods, and an Act of grace and fauor extended for by gaines to all the people who shall con- sent to this vnion. And in particuler y* all forfei'"^ Confiscacons and sequestracons bee taken of and discharged, the Burthen of the Sesses Eased, the prisoners released and a Considerable part of the forces removed as your Honn^^ shall thinke fitt. And in regard of y^ greate Importance it will bee for the good of this whole nation The right Ord^ing of the Ciuill Judicatures, It is humbly desired that these Judicatories and Judges and tymes of meeteing may bee setled by aduice of the whole Nation or theire Rep^'sentatiues, that the Mint may bee estab- lished, and that this Nation may enjoy theire tradeing and traffequing by sea and Land as for merly, And further that 1652] PROPOSALS OF CAITHNESS 159 whatsoeuer Ouertors has beene or shall bee by any Deputies of other shires or Burges proposed to your Honn*"^ in pursuance of the premises may bee houlden as proposed herein by us in Name of the said shire whome wee represent, and that the said shire may Claime and haue a like Interrest and Benefitt w*'^ other shires and Burghs thereof as fully as if euery ouerto*"^ proposed and to bee proposed by them were exprest therein ; And because many other things Mill bee Necessary for per- fecting the vnion w^'^ for the present wee Cannot condiscend upon Wee desire That a select number of fitt persons bee authorized from the [Shires and Burghs] of this Nation to meete w*^ the Com"*^ of the Parliam^ of the CoiTion Wealth of England for that Effect and a particuler tyme may bee appointed for their meeteing. Jo. SiXCLAIllE. Geo. Monro. J true coppie eoc^ C. Baker Seer. Endorsed : — Ansicer qfy'^ Deputies of tlie Sheire of Caithness 8 April 1652, rec^. CXXXIII ASSENT AXD DESIRES OF THE SHIRE OF INVERNESS^ To the right Honour^e the Com'^^ of the Parliam^ of the Comon Wealth of England for Ordering and Manage- ing Affaires in Scotland. The Deputies of y^ shire of Innernesse humbly retourne this answeare vnto the paper Deliuered vs contayneing three Articles. That wee for our selues and in behalfe of those whome wee April s, rep'sent doe hartily accept of the tender made to vs in the ^^^^ Declaracon of theParliam^ of the Common Wealth of England That Scotland bee Incorporated into and made one Comon Wealth w^'^ England, That there bee one Representatiue for the whole Iseland w^^out King or Howse of Lords, And the 1 Portland MS S., N. xx. 167. 160 THE CROMWELLIAN UNION [APRIL 8 same Gouerm^ ynd"^ the free state and Coinon wealth of Eng:- land may bee deriued unto Scotland, Wee being participants of the just and Comon Interrests that are agreable to the Nature of this vnion such as wee conceiue to bee the Intent and End of the tender held forth. As to the seacond wee retourne this answeare, that wee shall in the meane tjme till the said vnion bee perfected Live peaceably vnd"" and give obedience vnto the Authority of the Parliam^ of the Coinon Wealth of England exercised in Scotland. To the third, Wee shall be alwaise readie to offer such proposicons as wee Conceiue may conduce for the more speedie settlem^ of the said vnion to the best satisfaccdn of the people of the Land, and for y^ present will onely Insist vpon this, namely that the protestant Religion as it is now Professed in Scotland in Doctrine and worshipp bee not alterred but owned and confirmed by the supreeme authority of this Iseland. Seacondly that all the forfaulters and sequestracons may bee taken of by an act of fauo"* Whereby the whole good people of Scotland may tast of the fruites of the Gouernem* and may bee animated to Act the more Cherefully according to the Lawes w<^^ shall bee proposed. Lastly that all and especially those whome wee rep^sent bee protected by your Honn""^ from the Insolent Inuasions of Highland''^, vnto whose malice wee and they lye open and ready to suffer unlesse it bee speedily looked vnto by yo'" Honno*"^ and an effectuall Course taken for secureing the people vnd*" yo' obedience from theire Incur- sions, the granteinge of w^^^ desires wee conceiue will bee the best meanes to Induce them to Imbrace the tender, and the particuler and necessary desires of our shire Wee will make bould to p'"sent vnto yo'" Honn''^ hereafter. Kenzie Mackintoshe. A tnic coppie e.r^ C. Baker, Sec^. Endorsed : — Answer ofy^ Deputies of the she'ire of Imierness. 8 April 1652. 1652] MORAYSHIRE^S ASSENT 161 CXXXIV ASSENT OF MORAYSHIllE ^ To the right hono^^^ the Comission'^ from the Parliament of the Comonwealth of England for managinge the Affaires of Scotland. The Answere of Sir Robert Innes younger of that ilk and Robert Dunbarr younger of Wastfeild Deputies for the Shire of Murray to the pposicons tendred to them by the said Comissioners. Wee being authorised by comission from the said shire to April 8, . . 165^ repaire to Dalkeith to attend hono'^^ And havinge receaued y"" Declaracon of the Parliament of the Comonwealth of Eng- land anent the settlement of Scotland, w*^ a paper conteyning Three pposicons in order to y^ said settlement, and requiringe o'" positiue Answere in wrytinge therevnto, Doe retourne this Answere. As to y^ Tender whereby it is declared that Scotland shall and may be incorporated into and become one Comonwealth yfth England, whereby the Government that is establisht there and enioyed by y^ good people of that nation vnder y^ free state and Comon w^ealth of England as it is now setled without Kinge and house of Lords may be derived to y^ people of Scotland, Wee doe accept of the Tender and accquiesce therevnto. As to the second pposicdn, that it may appeare how willinge wee are to giue satisfaccon, wee declare that wee for our selues and in name of those by vs rep'sented will in the meane time Hue peaceably vnder and giue obedience vnto the Authority of y^ Parliament of y^ Comon wealth of England exercised in Scotland. As to y^ third pposicon anent the overtures for what wee Conceaue requisite to bringe the vnion and settlement to ^ Portland MSS., N. xx. 169. 162 THE CROMWELLIAN UNION [april 8 effect with speed and best satisfaccon to the people of Scot- land, wee haue sett them downe in a paper apart. R. Innes. R. DUNBARR. Vera copia : Jo. Phelpes, Seer, Endorsed: — Murray and Elgin Shire Deputies assent, 8 April 1652 : allowed, cxxxv OVERTURES OF MORAYSHIRE^ To the right hono^^^ the Comission'^ from Parliam^ of the Com on wealth of England for managinge the Affaires of Scotland. ^1652^' '^^^ overtures pposed by Si*" Robert Innes younger of that Ilk And Robert Dunbarr younger of Wastfeild Deputies for the shire of Murray to the said CoiTiissioners anent the vnion and incorporacdn of Scotland into and becominge one Comon wealth w^^ England, as follows. Wee as deputed by Comission from y^ said Shire havinge exprest o'' consent to y^ Parliament of CoiTionwealth of Englands Tender of vnitinge and incorporatinge Scotland into and becominge one CoiTionwealth w^^ England, and pmised to Hue peaceably vnder and giue obedience to the Authority of the Parliam* of y^ CoiTionwealth of England exercised in Scot- land in manner as is expressed in o"* paper given in to yo*^ hono''^ in that behalfe. In pursuance of the said vnion and settlement thereof wee doe humbly offer to yo"* hono*"^ these overtures following. 1. That it be declared by the Authority of the Parliament of y^ Comon wealth of England that this nation for the future shall be ptected in y^ p*"sent exercise of the true ptestant Religion, In the enioyment of theire owne lawes. In tlie freedome of theire persons, and in the right and pperty of theire Estates and goodes, And an Act of grace and favor 1 Portland MS S., N. xx. 170. MORAYSHIRKS PROPOSALS 163 extended for bygons to all the people who shall Consent to this Vnion, And in pticuler that all forfeitures, Confiscations, and sequestrac(3ns be taken off and discharged, the prisoners released, the burden of the Sess eased, a considerable part of the forces removed as yo"^ hono**^ shall thinke fitt, And in regard of the great importance it will be for the good of this whole nation, the right orderinge of y^ Civill Judicatories, It is humbly desired that these Judicatories and Judges and times of meetinge may be setled by advise of the whole nation or their rep^'sentatiues, and that the Mynte may be established. And because many other thinges will be neces- sary for perfectinge the Vnion, which for y*^ p^'sent wee cannot Condiscend vppon, wee desire that a select number of fitt persons be authorised from the bodye of this nation to meet w^^ the Comission^'^ of the Parliament of the CoiTionwealth of England for that effect and a perticuler tyme may be appointed for their meetinge. * S^ R. Innes. R. DUNBARR. Vera copia : Jo. Phelpes, Seer. Endorsed : — Murray shire and Elgin Deputies oiiHures, 8 April 1652. CXXXVI PETITION OF THE DEPUTIES FOR ARGYLLSHIRE^ To the right hono^^^ the Comission*^^ of the Parliam* of the Comonwealth of England for ordering and manag- ing Affaires in Scotland. Humbly Sheweth April !), 1652. That whereas yo"" honno*^ haue delivered to vs the Coinis- sion'^ from the Shyre of Argile certaine papers requiring vnder our handes an Answer to the Acceptacon of the Parliam*^ tender in theire Declaration for incorporating Scotland into a.nd making of it one comon wealth w^^ England, and to 1 Portland MSS., N. xx. i8o. 164 THE CROMWELLIAN UNION [april 9 certaine other Particulers therein expressed, and wee finding our selves vnable to giue a full Answer to your proposicons vntill the Shyre bee first acquainted w^^^ the same, who as yet haue not seene them, Wee therefore humbly Desire your honnors may bee pleased to graunt such a Competent time as that the shyre may bee more frequently conveaned and particularly acquainted w*'^ your honno**^ desires, which shall be as soone as possible the Inconveniences of the weather, the Seas and Waters will permitt, and then a full answer shall bee returned to your honnors desires. J. Campbell of Arkinglas. M. Campbell of Lagg. Vera copia : Jo. Phelpes, Seer. Endorsed : — Argile shire Deputies desire of longer time. EnV'ed April 9, 1652. CXXXVII A NEWSLETTER^ From Edenhiirgh April 10. April 10, Now that most of the Counties Commissioners have sub- 1652. scribed to the Union, the Parliaments Commissioners will return into Erigland.'^ The Deputies from Ajgile-^hive came in yesterday.*"^ Sherifs are appointed for the several Counties,* two for each Countie, the one a Scotch man, the other English, chosen most out of our Army officers, as Col. Cooper for Orkney, Col. Fitch for Innernes, Col. Aslifield for Aberdene, Col. Cohhet for Angus, Col. Daniel for Perth, Col. Overton for Fife, Col. Read for Ster'ling. Col. Syler, Mr. Deshorough, and Mr. Saltonstal will be designed Commissioners for dispatch of affairs, and for the regulating of Sequestrations, Customs, and Admiralty, etc. ^ Mercurius Foliticzis, April 15-22, 1652. E. 660 (5), p. 1541. 2 They proposed to leave Dalkeith on April 28. — Firth, Scotland and the Commonwealth^ p. 42. ^ The assent of Argyllshire (No. CXLIV.) was not given until April 26. Cf. No. Lin. 1652. 1652] FIFFS PETITION 165 CXXXVIII SUPPLICATION OF FIFE ^ To the right hono^^*^ Comission'"'* of the Parliament of the Comonwealth of England for orderinge and managinge Affaires in Scotland. The humble supplication of the Burroughs of Fyff humbly April 1 sheweth That wheras by o"" Deputies and in our Comission to them for that effect wee haue declared our Acceptance of Parliaments Tender, And findinge that when Magistrates are to be elected within Burghs an oath is required,^ Therefore beinge Conscious to our selues of y^ breach of former oathes And knowinge that yo^' hono*'^ haue declared Libtie to Tender Consciences, It is our humble desire to yo^ hono*^^ that noe oath be required but rather such a Course taken as may with most satisfaccon to yo^ hono*"^ Render the peoples willingnes to the Tenders. And yo*" hono*'^ favorable Answere and Clemency heerin humbly wee beseech. Ve?'a copia : Jo. Phelpes, Seer, . . . [illegible] the aforesaid Peticon The Peticoners being first called in and heard, the Comission''^ returne Answer in writing as folio weth. By the Comission''^ of the Parliam^ of the Comonwealth of England for ordering and managing Affaires in Scotland, April 14, 1652. The oath is the same that all Officers in England take and that all places in Scotland that exercise Government have taken, and besides what is obliging to the righteous adminis- tracon of Justice, there is not any thing therein but what the Deputies of the respective Burghs have Assented vnto, and declared the same by theire subscripcon, nor doe the CoiTiis- ^ Portland MS S., N. xx. 20l. Cf. p. 64 supra. 166 THE CROMWELLIAN UNION [APRIL 14 sion*"^ admitt of Exercise of Government in any the Burghs till the respectiue Officers have taken the oath inioyned, Nor doth it appeare to them that Maior Generall Monk in his Capitulacon hath done or intended to doe any thing to the Contrary. Vej-a copia : J o. Phelpks. Endorsed : — Biirghe of Fife Deputies Peticon p^sented. 14 April 1652. CXXXIX ASSENT OF FORRES^ April 14, . . . [illeg'ible] deputed and appointed by the . . , [illegible] acceptance of y^ Parliam*^ Tender . . . [illegible] that Scotland bee Incorporated into and made one CoiTion Wealth w*^ England, that thereby the same Goverment that is established in England w^'^out a King or howse of Lords may be derived to the people of Scotland, And I doe also Declare that in the meane tynie they will live peaceably vnder and yeald obedience vnto the Authority of the Parliam* of the Comon Wealth of England exercised in Scotland. In wit- nesse whereof I have subscribed these p^sents the fouerteenth day of Aprill 1652. Thomas Waruaxd. Endorsed: — Copp. Answer Deputy of the Burrough of Forres. Alloived xiiip^' Aprill 1652. CXL AN ORDEll BY THE COMMISSIONERS^ April 14, By V^ertue of the Authority to us given by the Parliament of the Commonwealth of England, Wee doe will and require you to cause the Declaration herewith sent you, intituled ^ Fortland MSS., N. xx. 200. - Severall Proceedings in Parliament, April 22-29, 1652. E. 794 (28), p. 2098. PROCLAMATION OF THE UNION 167 A Declaration of the Parliament of England in Order to the uniting of Scotland into one Covimomcealth zvith England to bee duly and publiquely proclaimed at the Market Crosse of Edenhtirgh, on or before the first day of May next ensuing, between the houres of nine and twelve in the morning, according to the tenor thereof, and to make due return of this precept, and of the due execution thereof unto us, or the Commander in chief in Scotland, with all convenient speed. Given under our hands at Dalkeith the fourteenth day of Aprill in the year of our Lord one thousand six hundred fifty and two. To Henry Whaley, Esquire, Judge Advocate of the Army. Vera Copia : Jo. Phelpes, Seer eta} CXLI COMMISSION TO THE DEPUTY FOR DORNOCH - The Comission''^ of the Parliam^ of the CoiYionwealth of April 15, England Having required the Inhabitants of the Towne of Dornoch to choose one of theire numb'" to know from them the Intencon and pleasure of the Parliam* of England for a lasting peace in this Island, Wee doe by these p'sents fully Authorise M^' Robert Gordon [sic^ To goe and waite vppon the said Com""^ at Dalkeith, or where they shall happen to bee for the time within this Nation, And there to know theire pleasure for the settlement of a lasting peace, with full power to our said Comission"^ on our behalfe to Treate, reasone, de- termine and Conclude in all thinges that shall happen to bee proponed there for effectuating the same. And to rep'sent the Hardshippes of o'* poore Towne for redressing thereof so far as may bee possible. Firme and stable Holdand and for to hold * The Parliament's Declaration of March 25 was, in accordance with the above order, proclaimed at Edinburgh on April 21. Vide supra, p. xxxii. 2 Portland MSS., N. xx. 182. 168 THE CRO:\IWELLIAN UNION [april i 5 1652. whatsomeuer o^* said Comission'^ Doe or lead to bee done in the p^misses, signed by vs at Dornoch the 15^^ April 1652. Tkacy. Jam. Murray. J. Dempster. A. Maxson [?]. J. Sutherland. Fr. Cullocke. GuRLAY Logan. Geo. Leith. Endorsed : — Cofhission of Dornoch Burgh Deputing M*^ Robert Gordon. CXLII COMMISSION TO THE DEPUTY FOR SUTHER- LAXDSHIRE ^ April 20, The Comissioners of the Parliament of the CoiTionwealth of England Hauing required the Heretors and Rentallors of the shire of Southerland to choose two of theire numb*" to know from them the Intencon and pleasure of the Parliam^ of England for a lasting peace in this Island, Wee doe by these p'"sents fully Authorise Masf Rob^ Gordon to goe and waite vpon the said Com''^ at Dalkeith or where they shall happen to bee for the time within y^ nation, And there to know theire pleasure for the settlement of a lasting peace, with full power to our said Comission'' on our behalfe to treate, reasone, determine and Conclude in all thinges that shall happen to bee propounded there for effectuating the same, And to re- p''sent the Hardshipps of this poore Country for redressing thereof so far as may bee possible. Firme and stable Holdand and for to hold whatsomeuer o*" said Comission*" does or leads to bee done in the p'^misses, signed by vs at Dornoch the twenty day of April 1652. K. Bray. Gilbert Gourdon. J. Murray. Walter Murry. M. K[illegiblc]. Alexand*^ Gordoux. J. Smyl.and. [N'ame illegible.] \X'\ GoRDouN. W^' Bray. A. GouRuox. Endorsed : — Cofhission of Sutherland Shire Deputing M'' Ro¥ Gordon. Portland MSS., N. xx. ARGYLLSHIRKS DEPUTY 169 CXLIII INSTRUCTIONS TO THE DEPUTY FOR ARGYLLSHIRE ^ Att Inveraray the twenty twa day of Aprill . . . [discoloured] j™vi^ and Fifty twa yeares. Instruccons from the shire of Argyle to James Campbell of Arkinglas, ther Comission'". Whereas M"* Dowgall Campbell of Lagg who was ioyned in April 22, Comission with the said James Campbell of Arkinglass for setling in Name of this shire w^^^ the Comission^^ of the Par- liam* of the Comonwealth of England Is for the p^'sent some- thing vnwell and not able to travell, Thairfor in Case the said IVP Dowgall shall not be timeouslie at Dalkeith the said James Campbell of Arkinglas is hereby Authorised in name of this shire to proceed in settling and Concluding w*^ the said Comission'^ of the Parliam^ of the Comonwealth of Eng- land Conforme to the Comission giuen be the Shire to him and the said M'" Dowgall, Keepand the Provision therein contained, And that siclike and in the samen manner as if the said M"" Dowgall were piit and acting w*^ him. And if need bee the said James is hereby warrandit to produce his Instruccon before the said Comission''^ C. LOTHIXXELL [?]. J. Campbell fear of Glenorg. H. Bartreid. A. Campbell of Dunstafnage. Elmo [?] Campbell. Da. Campbell. Alex^ Campbell. F. Fagistoyax [?]. Patrick Campbell of Knap. L. Lachlaxe. P. Stewart. A. Campbell of Roherns. Read 14 Ma?/ 1652. Endorsed: — Argyll shire Deputing M*^ Dozvgall Campbell sole Comissioner. 1 Portland MSS., N. xx. 186. N. Campbell of Dontroun. AV. Wallester of Lorp. Ca:\ipbell of Glencaradel. D. Campbell of Inverall. Ross, Achin willing. W. Campbell of Skymishe. F. Campbell of Aknish. Grame, Osdonnordrie. DUXCAXE M'^GlBBOXX. EuEX Campbell. Netl Campbell. 170 THE CROMWELLIAN UNION [APRIL 26 CXLIV ASSENT OF AllGYIXSHIRE ^ To the Right honorable the CoiTiission^^ of the Parliam^ of the CoiTion wealth of England for . . . [iUegibh'] Affaires in Scotland. . . . [i//f^"i6Zf] Campbell Deputy . . . [illeg-'iblc] the papers d elided . . . [illegible] Comission''. April 26, The said James Campbell of Arkinglas as rep^'senting the shire of Argvle hauing receiued the Parliam*^ Declaracon with three proposicons doth for himselfe and in name of those by whom hee is Authorised, As to the first proposicon Anent the Acceptance of the Parliam'^ tend^ that Scotland bee incor- porated into and made One CoiTion wealth w^'^ England that thereby the same Government that is established in England without King or House of Lords vnd*" the free Estate and CoiTion wealth of England may bee deriued to the people of Scotland doth returne this Answer, That hee Acceptethof the Parliam*^ tend"^ that Scotland bee incorporated into and made one CoiTion wealth w^'^ England, and that the same Governm^ that is established in Encrland without Kino^ or house of Lords may bee derived to y^ people of Scotland. As to the second proposicon, to see how >villing the said James Campbell is for himselfe and those whom hee doth rep^'sent are to giuc satisfaccon, hee doth Declare that they will in the meane time Hue peaceable vnd^ and giue obedience vnto the Authority of the Parliam* of the CoiTion wealth of England exercised in Scotland. As to the third proposicon the said Deputy hath giuen in his Thoughts in a paper apart herewith p^sented. J. Campbell of Arkinglas. Read 14 May 1652. Endorsed : — Argyll shire Deputies assent to the Vnion. ^ Portland MSS., N. xx. 187. i652] ARGYLLSHIRE'S ASSENT 171 CXLV ANSWER OF ARGYLLSHIRE TO THE THIRD PROPOSAL ^ To the Comission'^ of the Parliam*^ . . . [illegible] of England for ordering and managing affaires in Scotland. The Answer of James Campbell of Arkinglas Deputy for the shire of Argyle to the third proposicon delivered to him by the saide CoiTiission". The said James Campbell hauing giuen Answeres in writing April 26, to the two former proposicons, and being desired to offer in writing what hee Conceiues requisite for bringing to effect the vnion and settlement with speed and best satisfaccon to the people of Scotland, doth for himselfe and those whom hee rep^'sents desire that the religion professed in Scotland these yeares bygone as it hes bin established in Doctrine, Disipline, Worshipp, Government and through the blessing of God hes not bin without fruite may bee Continued and established according to the Nationall Covenant and Sollemne League and Covenant, And that towards the settling thereof that euery- thing Comanded by the God of heauen may bee diligently done for the house of the God of heauen, that Wrath may bee no longer against the Land. That ane particuler time may bee appointed for making of the V nion practicable, that the greate and intollerable burdens of the souldiery and Assesse vnd^ which the Land is jjroanino; and readv to sinck mav bee eased w*^^ speed, and as many of the forces removed as may Consist w^'^ the Security of the Parliam*^ Affaires, That Judica- tories bee established w^iout delay, and that such only bee intrusted as are of knowen integrity, fearing god, louing truth and hating couetuousness. That the Sequestracons may bee taken off . . . [discoloured and unreadable^ these are the thoughts of . . . [illegible^ which hee conceaues to bee most ... of the Vnion to effect with best satisfaccon to the people of Scotland and shall bee willing to offer what further 1 Portland MSS., N. xx. 188. 172 THE CROMWELLIAN UNION [april 26 shall occurre to him with the Remanent Deputies of the Shires and Burghs at a full meeting according to the Par- liam*^ Declaracon. J. Ca:^ipbell of Arkinglas. Read 14 May 1652. Endorsed : — Deputy of Argyll ,slure his Ansivere to y^ third Proposicdn. CXLVI PROPOSALS OF A11(;YLLSHI11E ^ To the Cofnission^'* of the Parliam^ . . . for ordering . . . [illegible^ Affaires in Scotland The ... of James Campbell of Arkinglas Deputy for the shire of Argyle for ... of the shire humbly sheweth. April 2G, That the said shire of Arfjvle for theire Constant 1652 adhear[ance] to the Cause of God and opposing the Enemies thereof according to ther power for advancing Religion, being invaded by the Irish Rebbells and ther Conferderates in Scot- land was totally Wasted and destroyed and the samen left to the Cruel mercies of these Rebel Is and vnd'" ther power for the Space of three yeares togeather, whereby the same was rendred vnable ever since to vnd^goe and beare any publique burdens, In consideracon whereof yo*" pet'" in name of the shire humbly Desires yo^ honnors to Consider and Condiscend to the par- ticulers following. 1. That the shire of Argyle may bee declared free of the bygone Assesse, and that for time to Come the same may bee superceeded till it shall please the Lord to enable them with subsistance to pay the same, and that they bee not now Crushed in theire beginning to plenisli and plant the samen, And what shall bee imposed hereaff may bee only exacted at two times of the yeare, at Lamas and Candlemas, as yo"^ honnors shall thinke fitt. 2. That that Shire may not bee burdened w*'' Garrisones or 1 Portland MS S., N. xx. 189. 1652] ARGYLLSHIRE S PROPOSALS 173 Quarteriiiges of Souldiers, since yo*" pet'' is content for himselfe and in name of those whom hee rep'^sents to engage themselues and theire respectiue Interests for theire Hving peaceably \'nd^ and obedience vnto the Authority of the Parliam*^ of the C'omon wealth of England, And seeing that shire differs from any in the Land, being all Hylandes, and ther ioynt v-nd'^taking may assure the Parliam^ of the reall pformances. ^ time to time giuen them for the . . , and Security ag^ the Incursions and Invasions of broken and illegal men (who con- tinue in rebellion since the beginning of the troubles and are about the numb*" of Eight or nine hundred men) as they shall call for from the Comand"* in Cheife of the Parliam** forces or Comand"^ vpon the place next adiacent to them. That since that shire lies at a greate distance from publique Courtes and places of CoiTion Justice in the Land your honnors would bee pleased to establish the Judicatories that haue bin in vse w^^in the samen, And that yo^ delay thereof or alteracon bee not occasion of disord^ w*^in the shire. That yo*" honnors would bee pleased to Countenance and fauour all meanes and wayes that may incourage that shire in theire faithfull and eff'ectuall performance of theire vnd^'takinges to and for the Parliam*^ of England. And as it is conceaved mainly conduceable there vnto, So it is desired that the Mar- quis of Argyle bee looked vpon w*^^ ane fauorable eye, That too ready trust bee not giuen to euery report that may give hard impressions of him, Eor as tis resolved by the shire to approue themselues in ther stations faithfully and in theire resolucons stedfastly w^iout him, so by his Assistance they may bee the more vsefull in theire Endeauors and will by the Lords grace so demeane themselues as that all theire Aduersaries shall- J. Campbelt. of Arkinglas. Read 14 May 1652. Endorsed : — Deputy of Argyll shire his proposalLs. - Unfinished in the Manuscript. 174 THE CROMWELLIAN UNION [APRIL 27 CXLVII THE commissioners' ANSWER TO THE DEPUTY FOR ARGYLLSHIRE ^ By the Comission^^ of the Parliament of the Comonwealth of England for ordering and nianaginge Affaires in Scotland. Tl April 1652. April 27, Vpon Consideracon had of the Supplication of James Camj)- bell of Arkinglas Deputy for the shire of Argyll for and in name of the said shire now p^sented. As to the last particuler of the said supplication, for as much as the Inhabitants of the said shire haue by theire Deputy Accepted the tender of Vnion and ingaged to Hue peaceably vnder and yeild obedience to the Authority of the Parliam^ of the Comonwealth of England exercised in Scot- land, The Comission^^ doe Declare that they are now taken into the proteccon of the Parliament of England and rendred Capable of theire fauour. And as to the Desires exp^ssed in relacon to the Marquis of Argile they shall bee speedily rep^sented to the Parliament of England. Read 14 Maij 1652. Endorsed: — Comissioners ansicere to the Deputy oj' Argyll his pposalls concerning the Marques of Argyll, CXLVIII ORDER APPOINTING SALARIES TO THE COMMISSIONERS FOR THE ADMINISTRATION OF JUSTICE ^ xxvijth ^p,.in ig52 [By the Com^^ of the Parliam^ of the] Comonwealth of England for ordering and managing Affaires in Scotland. April 27, Ordered that S'^ John Hope of Craighall Knt, John Swinton and William Lockhert Esq^% three of the Com''^ for Adminis- 1 Portland MS S., N. xx. 194. - Ibid. N. XX. 193. The Scottish Court of Session had sat for the last 1652] COMMISSIONERS OF JUSTICE 175 traccon of Justice to the people of Scotland, shall haue the yearely allowance of Three hundred pounds to each of them, to bee paid quarterly from the first day of May next. And Major Generall Deane is Authorized and desired to issue out his Warr*^ for the paym^ thereof accordingly. 27^'^ Aprill 1652. Endorsed : — Appointing- the Salaries of S'' John Hope, Swhiton and M'' Lochhert 3 of ConV^ for the [administra- tio7i] of Justice. CXLIX OllDEll APPOINTING SALARIES TO THE ENGLISH JUDGES ^ xxviij^^^ day of April 1652. By the Com'"^ of the Parliam^ of the Coinon [wealth of England for ordering and] managing Affaires [in Scotland]. Ordered [that Edward Moseley, George Smith, Andrew April 28, Owen and Richard Marsh Esq""^] the Com^^ for administracon of Justice to the People in Scotland shall haue the yearely Allowance of Six hundred pounds to each of them, to bee paid quarterly from the first day of May next, and the one hundred pounds apeice already received by them to bee deducted out of the First Quarters payment. And Maior Generall Deane is desired to issue his warrants vnto the Comission^'^ for time on February 28, 1650 (Mackay, Memoir of Viscount Stair, p. 58). On April 6, 1652, the Council of State appointed Andrew Owen, of Trinity Hall, Cambridge, John Marsh, of Gray's Inn, George Smith, and Edward Moseley, to proceed to Scotland by April 24 to act as Commissioners for the administration of Justice ( Cal. State Papers Bom., 1651-52, p. 210). With them were associated Sir John Hope of Craighall, Sir William Lockhart of Lee, and John Swinton of Swinton. Their commission was proclaimed at Edinburgh on May 3, and on the following May 8 the Writers to the Signet were summoned before them to take the oath of allegiance to the Commonwealth and of assent to the Union (Nicoll, Diary, pp. 93, 94). On May 18 they were publicly installed (Firth, Scotland and the Commonwealth, p. 43). Cf. infra. No. CLVII. 1 Portland MSS.^ N. xx. 192. 176 THE CROMWELLIAN UNION [april 28 Confiscated and forfeited Lands for the payment thereof accordingly. CL ORDEli FOR RECEIVING AND REGULATING THE FEES OF THE OFFICERS OF THE COURT OF JUSTICE^ xxviijth of Aprill 1652. By the Com^^ of y^ Parliam* of y^ CoiTionwealth of England for ordering and managing Affaires in Scotland. April 28, Ordered that the Com*"^ for Administracon of Justice in Scotland doe Regulate the Fees of such clerks, Ministers and officers as shall bee imployed vnd"^ them in such manner as they shall conceiue fitt and equall. Ordered that the said Com^^ take Order for the receiveing of the said Fees soe Regulated, And that the Accompt thereof bee giuen vnto the Com'^^ for Confiscated and forfeited Lands, and that the Money received as aforesaid bee paid vnto them. Ordered that the said Com'"^ haue hereby power to charge vpon the Comission*"^ for Confiscated and forfeited Lands such sumes of money for paieing the Sallaries of theire Clerks, Ministers and other officers imployed vnd"* them and for incident charges as they shall see requisite for the carrieing on of the worke, Provided that the same exceed not twoe thousand twoe hundred pounds p Ann. And Maior Generall Deane is hereby Authorised and desired to issue out his Warrants for the paiem* thereof accordingly. Endorsed : — 28 Aprill 1652. Or. for Regulating and Re- ceiving the fees of if officers ofy^ Court of Justice, And for 'payment of their Salaries not to exceed 2200dC p. ann. ^ Portland MSS., N. xxi. I2i. Upon the changes instituted by the Com- missioners in the working of the reformed Court of Session, vide Mackay, Memoir of Viscount Stair, pp. 58-62. DORNOCH'S ASSENT 177 CLI ASSENT OF DORNOCH^ To the Right hono^^^ the Com''^ of the Parliam* of the Comonwealth of England for ordering and managinge Affaires in Scotland the Answere of M"^ Robt. Gordon Deputy for the Burgh of Dornock to the Proposicons delivered to him by the said Comission'^^. The said M"^ Robert Gordon hauing Considered the Declar- -^P^^^l^- aeon of the Parliam* of the Comonwealth of England w*^ the three proposicons p''sented to him, Doth in the name of the Burgh of Dornock by whom hee is Authorised, To the first of these proposicons Doth returne this Answer, That hee doth Accept of the Parliam*^ tend"^ in theire Declaracon, And does willingly Consent that Scotland bee incorporated into and made One Comonwealth w^^ England, And that the same Govern- ment that is established in England without King or House of Lords vnd^ the Free state and Comon wealth of England may bee derived vnto the people of Scotland. As to the second. To show how willing hee is to giue satis- faccon hee doth Declare, That those represented by him shall in the meane time Hue peaceably vnd^^ and giue obedience vnto the Authority of the Parliam* of the Comonwealth of England exercised in Scotland. As to the third proposicon, hee doth Declare that hee shall bee ready to giue in such ouertures as hee shall conceiue expedient for bringing the Vnion to effect at a full meeting with the remanent Deputies of shires and Burghs according to the Parliam*^ late De- claracon. Ro. Gordon. Endorsed : — Dornoch Burgh Deputies assent. 1 Portland MS S., N. xx. i8i. M 178 THE CROMWELLIAN UNION [APRIL30? CLII ASSENT OF SUTHERLANDSHIRE ^ To the Right hono^^® The Comission''^ of the Parliament of the CoiTion wealth of England for ordering and managing of Affaires in Scotland The Answer of M"" Robert Gordon Deputy for the Shire of Sutherland to the proposicons delivered to him by the saide Comission>"^. April_30[?] The said M*^ Robt. Gordon hauing Considered the De- claracon of the Parliam* of the Comonwealth of England w*^ the three proposicons p'^sented to him Doth in the name of the shire of Southerland by whom hee is Authorised, To the first of those proposicons doth returne this Answer, That hee doth Accept of the Parliam*^ tender in theire Declaracon And does willingly Consent that Scotland bee incorporated into and made One Comonwealth with England, And that the same Government that is established in England w*hout King or House of Lords vnder the Free state and Comonwealth of England may bee derived vnto the people of Scotland. As to the Second, to shew how willing hee is to giue satis- faccon, hee Doth Declare that those rep^'sented by him shall in the meane time line peaceably vnd"* and giue obedience vnto the Authority of the Parliam^ of the Comon wealth of England exercised in Scotland. As to the third proposicon, hee doth Declare that hee shall bee ready to giue in such ouertures as hee shall Conceiue expedient for bringing the Vnion to effect At a full meeting with the Remanent Deputies of shires and Burghs according to the Parliam*^ late Declaracon. Ro. Gordon. Endorsed : — Sutherland shire Deputies assent. CLIII THE officers' OATH ^ You shall sweare that you shall bee true and faithfull to 1 Portland MSS., N. xx. 183. 2 Ibid. N. XX. 190. In the Commons^ Journals (vol. vii. p. 132) this oath May 1652. THE OATH OF OFFICE 179 the Comon wealth of England as the same is now established without a King or house of Lords, You shall well and truly execute the Office of according to the best of yo^ Skill knowledge and power (So helpe you God). Endorsed : — The officers oath. Read 14 May 1652. CLIV THE officers' OATH OF THE SCOTS NATION^ I doe Declare my willing Consent vnto the tender of the May Parliament of the Comon wealth of England that Scotland bee incorporated into and made one Comon wealth with England that thereby the same Government that is established in England without a King or house of Lords may bee derived to the people of Scotland, And that I will bee true and faithfull to the said Government and Hue peaceably vnd*^ and yeild obedience vnto the Authority thereof exercised in Scotland. Endorsed : — The Officers Oath of ye Scots Nation their Declaracon of assent to ye Vnion. Read 14 May 1652. CLV A NEWSLETTER^ Tuesday, May 4 From Scotland by this last Post, it is advertised. That May 4, 1652 several of the Shires that have accepted of the offers of the Parliament of England are making choise of fit persons for their Representatives to attend the Parliament, and that these is described as 'to be taken by the several Officers in Scotland,' i.e. all whom the Commissioners had appointed in their several departments. The form in No. CLiv. was presumably imposed in addition to this one upon Scotsmen who were filling any executive post. 1 Portland MSS.^ N. xx. 191. Vide'^o. CLiV., note. 2 A Perfect Account of the Daily Intelligence from the Artnies^ April 28-May 5, 1652. E. 662 (7), p. 560. 180 THE CROMWELLIAN UNION [may 4 Representatives shall have power to do all things requisite for the perfecting the Union between the two Nations and setling them in the bands of Amity and Concord, but there be some that make a stand in the business, and would fain see how Argyle thrives either in his continued refractoriness, or obtain- ing conditions for himself and the Kirk in that low estate they acknowledge it to be in. Here is great care taken to prevent the Clergie of holding correspondence with the enemy. The Commissioners are comming for England, I beleeve they will be at London the latter end of the next week.^ ... Its said Argyle hath sent a Letter with several addresses to the titular Scots King ; what the effect of it is, as yet we know not. He is a subtle Fox, but if he close not quickly, it is not the rockie Earths he hath amongst the Mountains that can secure him this Summer. CLVI A NEWSLETTER^ From Edenburgh, June 5. rune 5, The English Judges here have sat now these 12 daies for the administration of Justice.^ There is little difference betwixt our Lawes, save only in the Terms and Forms ; They imitate us English in most things but come short of our method in Proceedings; but as yet their Forms are kept, because of the want of English Clarks and Attournies. In Criminall Cases likewise, their laws agree with ours, and I beleeve have been borrowed from us : Their form of Triall also is agreeable to ours, the main difference being in Terms and expressions. There is one great defect among them and alwaies hath been, the great want of Justices of Peace ; which makes care lie the heavier upon us, the regall power of their Lairds 1 They received the thanks of Parliament on May i^. — Commons' Journals^ vol. vii. p. 132. 2 Mercurius Politicus, June 10-17, 1652. E. 668 (2), p. 1664. 3 Vide supra, p. I74> note 2. 1652] ADMINISTRATION OF JUSTICE 181 of mannors being justly abolished.^ We have eased the People much in their Fees, and from those extortions that have been frequent here ; and hope we have secured them from the like Abuses in the future. Justice was wont to be open and free for none formerly but great men, but now it flows equally to all ; which will in a short time make them sensible from what Bondage they are delivered. ^ The Advocats all (except 3 or 4) have refused to subscribe to the Tender of the union, whereby they stand incapable to plead.^ Their Clergy preach damnation to such as accept of the same ; and though they agree in nothing else among them- selves, yet they agree in their opposition to the Parliament, and in praying for ^'say pretended King. CLVII A NEWSLETTER* The Deputies from the severall Counties in Scotland have August 1; met at Edenburgh, their first meeting was on Thursday last,^ ^^^^* their businesse of meeting is for their choosing of Commissioners ^ By the Declaration of January 31, 1652, which annulled all jurisdictions other than those derived from Parliament. It was not until May 5, 1654, that an Ordinance of the Council of State erecting Courts Baron in Scotland was proclaimed at Edinburgh (Firth, Scotland and the Protectorate, pp. 99, lOO). Lamont {Diary, p. 88) describes the Courts as sitting every three weeks, and as having jurisdiction in causes involving contracts, debts, trespasses, etc., to the value of forty shillings sterling. Cf. Mackay, Memoir of Viscount Stair, p. 61. ' On the character of the English judicial administration in Scotland, cf. Mackay, Memoir of Viscount Stair, pp. 56 et seq. Nicoll (Diary, p. 104) admits that * the Englisches wer moir indulgent and mercifull to the Scottis nor wes the Scottis to thair awin cuntriemen and nychtbouris, as westoo evident, and thair justice exceidit the Scottis in mony thinges, as wes reportit.' ^ The withdrawal of the most eminent advocates in 1654 was traditionally held as the origin of written pleadings at the Scottish bar, a practice rendered neces- sary by the ignorance of Scottish law on the part of the English judges. Vide Mackay, Me??toir of Viscount Stair, p. 61. * Severall Proceedings in Parliament, August 19-26, 1652. E. 796 (26), p. 2386. ^ August 12. Vide supra, p. xxxiii. 182 THE CROMWELLIAN UNION [AUG. 17 or Scotland^ to be sent up to London to waite upon the Par- liament. It was thought they would have soon concluded, and have chosen and dispatched them away, but their work is not like to bee so soon dispatched as was conceived, and before ex- pected, for they are falne into great divisions among them- selves. When they were met together, and it was thought would have fain to the businesse, they being some of them jealous of one another, began to except against some of their own com- pany, which hath raised great obstructions among them. The objection is by some, that are very high against the rest, who they say are not in a capacity to serve in that Assembly in regard they say that the Burghs have chosen them to be Commissioners who are neither Burgesses nor Free-men of the Corporations, which they alledge to be against the expresse Act of Parliament, and thereupon they deny the legality of the chusing of those persons, and deny to accept of them.^ This dispute is very high amongst them, and I beleeve cannot be decided but by the determination of the Judges, to whom I beleeve they will appeale.^ Leith, 17 August 1652. CLVIII A NEWSLETTER^ August 21. Sir, — At Col. Fenwichs comming into these parts, most of 1652. Deputies for the Shires and Burroughs were come to Eden- burgh according to the Parliaments Declaration, to elect out of themselves 21 persons to attend the Parliament. The Com- ^ The persons objected to were Patrick Hay (Anstruther-Easter), Thomas Sydserff (Banff), William Dundas (Queensferry), Robert Gordon (Dornoch). — /Records of the Convention of Royal Burghs^ 1 615- 1676, p. 361. '■^ The minutes of this Convention at Edinburgh, August 12-20, are in Records of the Convention of Royal Burghs^ 1615-1676, pp. 358, et seq, " Severall Proceedings in Parliament, Aug. 26-Sept. 2, 1652. E. 797 (3), p. 2384. 1652] SCOTTISH DEPUTIES TO PARLIAMENT 183 missioners at Dalkeith did authorize the Commissioners for Justice to view their Commissions, and to take their super- scriptions to the tender of the Union expressed in the Declara- tion. On Monday last we viewed their Commissions, and the next day took their Superscriptions.^ Yesterday the Deputies made their Elections, a list of the persons elected I have here enclosed, and shall with all speed send up a Duplicate of the respective Commissions of the Deputies of the Shires and Burroughs with their superscriptions. The persons elected doe intend to be at London the first day of October^ the time appointed by the Parliaments Declaration. A List of the Deputies of the shires and Burghs^ chosen in Scotland for Commissioners to the Parliament of England. For the Shire of Berwick, The L. Swinton,^ one of the Commissioners for Justice. Mr. John Hume of Rentoune.^ For the Shire of Lenark, Col. Lockart,* one of the Commissioners for Justice. Sir J. Drummond of Rickarton for Pirth shire.^ Sir J. Humbleton of Forbiston ^ for Dunbarton shire. Mr. Geor. Blayre of Garrok for Dunfreeze shire. Sir J. Mac-Dougall of Garthland for Galloway shire. L. Carnegie ^ for the shire of Forfar. Mr. David Falkner of Glenfarquhar for Cincardenshire.^ Sir A\}^ Stirling of Ker for Starlingsh. ^ Cf. Records of the Convention of Royal Burghs^ 1 615- 1676, p. 360. 2 John Swinton of Swinton. 2 John Home of Renton, M.P. for Berwick, 1628-1633. ^ Sir William Lockhart of Lee. 5 His name does not appear in the Committee's Minute Book {infra^ No. CLix). Perhaps he is confused here with William Drummond (Linlithgow). Blair's editor {Life^ p. 299) gives Sir James Craig of Riccarton as Linlithgow's repre- sentative Sir James Hamilton of Orbiston. ' i.e. Garvoch. ^ Lord James Carnegie. '•^ M.P. for Kincardineshire in the Convention of 1667. An error for 'George.' Sir George was M.P. for Stirlingshire, 1639-1641. 184 THE CROMWELLIAN UNION [AUG. 21 Mr. Ja. Creiton of St. Leonards for Middle-Lothian shire.^ L. Lynton ^ for the shire of Pebles. Mr. Jo. Sinclare of Tanhaugh ^ for the shire of Cathnesse. Sir Alex. Gibson of Dury for Fife sh. Sir Alex. Weatherburn for the Burrough of Dundee. M. J. Sword for the Burgh of S. And. Mr. Jo. Mill, and Mr. Jo. Joysie for Edenburgh. Mr. A. Glen for the Burgh of Lithgo. Mr. G. Cullen for Aberdeen Burgh. Mr. Da. Wallis for Glascow Burgh. ^ M.P. for Dumfriesshire 1 661-1663. - John Stewart, Lord Linton, afterwards (1654 or 1659) second Earl of Traquair. ^ Tannach or Tannachy. CLIX 3 APPENDIX PAPERS RELATING TO THE UNION NEGOTIATIONS IN 1670 APPENDIX PAPERS RELATING TO THE UNION NEGOTIA- TIONS IN 1670 Prefatory Note The documents printed in this Appendix have been transcribed from the original manuscripts in the possession of All Souls College, Oxford. They relate to the proceedings of the Com- missioners appointed by England and Scotland to frame articles of Union in I67O. Appendix i. contains the official journal of the meetings of the Joint Commission, from September 14 to November 1, l670. Appendix 11., while it covers the same ground and repeats the details set forth in the official journal, furnishes information upon the private meetings of the English Commissioners during the joint conference. Appendix iii. appears to be a note upon the resolutions of the Commission appointed by James the First. Appendix iv. contains the draft of a speech delivered in connection with the resolution to cut out James, Duke of York, from succession to the throne of the United Kingdoms. Appendix v. contains a letter from Arlington to Lauderdale referring to the King's proposals regarding Union in his speech on October 18, I669. The documents printed by Bruce, in his Beport on the Uniorif which relate to the Union negotiations in I67O, include none relating to the deliberations of the Commissioners, and his account of their deliberations (vol. i. pp. 222 et seq.) is based upon Defoe's History of the Union of Great Britain. In the Calendar of State Papers, Domestic, Charles 11., 1670, there are but a few isolated references to the proceedings of the Commissioners. After the failure to devise a commercial treaty between England and Scotland, Charles the Second, in his Speech at the opening of Parliament on October 19, I669, recommended the considera- tion of the wider scheme of Union. His proposal was accepted by 188 APPENDIX both Parliaments, and Commissioners representing the two countries met at Westminster on September 14, l670. The progress of their negotiations is sufficiently set forth in the Journals printed below. At the conference on November 1, l670, the Earl of Lauderdale, on behalf of the Scottish Com- missioners, required that in the united Parliament, Scotland should be assured a representation equal to that which she enjoyed in her own. To this scheme of Parliamentary fusion the English Commissioners offered an uncompromising dis- sent, and instructed the Attorney-General to prepare arguments against it. The proposal, in fact, brought matters to a complete deadlock, and the conference, after adjourning to November 8, and again to March l671, finally dissolved without arriving at any practical conclusion. APPENDIX P \fol. 61.] THE OFFICIAL JOURNAL In the two and twentieth year [l670] of the Raigne of our Soveraigne Lord Charles y® Second, of England, Scotland, France and Ireland King, etc. An Act passed in y^ Parliament of England, entituled. An Act authorizing certain Commissioners of the Realm of England to treat with Commissioners of Scotland, for the weale of both Kingdomes, and also in y^ same year, an Act passed in the Parliament of Scotland to the same effect. In pursuance of which respective Actes and his Majesties Com missions herein mencion'd on Wednesday the 14th of September, 1670, assembled in y^ Exchequer-Chamber at Westminster. Commissioner's f or England."^ Commissioners for Scotland.^ L. Arch-Bishop of Canterbury. E. Lauderdaile, L. Commissioner. 1 MS., All Souls College, 229, fol. 61 et seq. ^ In addition to those mentioned as present on September 14 the following had been appointed Commissioners to represent England : the Duke of Bucking- ham, the Duke of Ormonde, the Earl of Manchester, the Earl of Carlisle, Viscount Fauconberg, Lord Widdrington, Lord Townshend, Lord Ashley, Sir Thomas Higgins, Sir Edmund Pooley. — Bruce, Report on the Uvion^ vol. ii. p. cccxxii. ^ The following had also been appointed Commissioners for Scotland : the Archbishop of St. Andrews, the Earl of Atholl, the Earl of Dunfermline, the UNION NEGOTIATIONS IN 1670 189 [Sir Orlando Bridgeman]. E. Essex. E. Anglezey. Lord Bishop Durham. Lord Bishop Chester. Lord Arlington. Sir Tliomas Clifford. Sir John Trevor. Attourney Generall [Sir L. Keeper of y® Great Seale L. Chancellor [Earl of Rothes]. L. Privy Seale [Earl Marischal]. E. Hoome. E. Lothian. E. Kincarden. L. Register [Sir Archibald Prim- Heneage Finch], Sir Robert Carr. Sir Thomas Osborne. Sir Thomas Litleton. Sir Leoline Jenkins. rose]. L. Advocate [Sir John Nesbit]. L. Hatton. L. Staire. L. Newbyth. William Erskyn. Sir Robert Morray. Sir Archibald Morray. Sir Robert Synclaire. Sir Alexander Frazer. Sir William Bruce. Whose Lordshipps being sett, y^ Lord Keeper of the great Seale told their Lordships that the Occasion of their meeting would best appeare by his majesties Commission vnder the Great Seale of England : which Commission was Read as followeth: Charles the Second by the Grace of God of England, Scotland, [/^A 62.] France and Ireland King, Defender of the faith, etc., To the most Reverend Father in God our Right Trusty and welbeloved Councellor, Gilbert Lord Archbishop of Canterbury, Primate and metropolitan of all England, To our Right Trusty and welbeloved Councellor, Sir Orlando Bridgeman, Knight and Baronet, Lord Keeper of the great Seale of England. To our Right Trusty and Right welbeloved Cozens and Councellors, George Duke of Buck- ingham, Master of our Horse, James Duke of Ormond, Lord Steward of Our Household, Edward Earle of Manchester, Lord Chamberlaine of our Household. To Our Trusty and Right wel- beloved Cozen, Arthur Earle of Essex. To our Right Trusty and right welbeloved Cozens and Councellors, Arthur Earle of Anglezey, Charles Earle of Carlisle. To our Right Trusty and welbeloved Cozen, Thomas Viscount Faulcon-berge. To the Reverend fathers Earl of Tweeddale, the Bishop of Dunblane, the Bishop of Galloway, Sir Andrew Ramsay (Provost of Edinburgh), Sir Patrick Moray. — Bruce, oJ>. cit. vol. ii. p. cccxxiii. 190 APPENDIX in God, John Lord Bishop of Durham, John Lord Bishop of Chester. To our Right Trusty and welbeloved Councellor, Henry Lord Arlington, principal! Secretary of State. To Our Right Trusty and welbeloved William Lord Widdrington, Horatio Lord Townsend. To our Right Trusty and welbeloved Councellors, Anthony Lord Ashley, Chancellor and Vnder-Treasurer of our Exchequer, Sir Thomas Clifford, Knight, Treasurer of our House- hold, Sir John Trevor, Knight, principall Secretary of State. And to Our Trusty and welbeloved Sir Henegge Finch, Knight and Baronet, our Attourney generall, Sir Robert Carr, Knight and Baronet, Sir Richard Temple, Baronet, Sir Thomas Osborne, Baronet, Sir Thomas Litleton, Baronet, Sir Leoline Jenkins, Knight, Judge of our Court of Admiralty, Sir Thomas Higgons, Knight, and Sir Edmund Pooley, Knight, Greeting. Whereas The Kingdomes of England and Scotland were first vnited in Allegiance and Loyall Subjection in the person of our Royall grand-father, since which happy conjunction it hath been very much endeavoured that a nearer and more compleat Vnion might [foI,63.] be settled between both Kingdomes, and some progresse towards the actainement thereof was made in y® time of our Royall Grand- father. And Wee, out of our princely zeale and fatherly Care for y® welfare and happinesse of all our Subjects, persisting still in y® same pious and prudent Resolucions, have lately recom- mended it to the Parliaments of both our kingdomes, that Com- missioners might be nominated to Treat and Consult concerning this Vnion. And whereas in our parliament held at Westminster, an Act lately pass'd in the Two and Twentieth year of our Raigne, entituled An Act Authorizing certaine Commissioners of the Realme of England to treate with Commissioners of Scotland for the weale of both Kingdomes, in and by which Act of Parliament, to the end our Royall and gracious purposes might be accom- plished, and such a further Vnion might be treated and agreed upon as would Compleat and Confirme, for ever, a constant mutuall Love and friendship between y® Subjects of both Realmes, It was enacted that such persons to be nominated by Us, Vnder our Great Scale of England, and such and so many of them as wee should appoint to be of the Quorum, should have full power and Authority to assemble and meet at such times and places, as Wee should please to Appoint, and to Treat and consult with Certain other Commissioners to be authorized by the parliament of Scot- land, of and concerning such an Vnion between y*^ two Realms, UNION NEGOTIATIONS IN 1670 191 and of and Concerning Such other Matters, Causes and Things, as, vpon mature deliberacion and Consultacion, the greatest part of the sayd Commissioners, to be assembled as aforesayd, and y*^ Commissioners to be authorized by the Parliament of Scotland, shall thinke Convenient, and necessary, for Our Honour and y*^ weale and Common good of both Realraes. And that y® said Commissioners should reduce their doings and proceedings therein into Instruments Tripartite, evry part to be subscribed and Sealed by them, to y® end that one part thereof may be presented to Vs, another part thereof might be offered to y^ parliament for y^ Realme of England, and another part to y® Parliament of Scot- \^fol. 64.] land, at the next Session of Parliament to be held in each Kingdome respectively, after such Instruments so Subscribed and Sealed : That thereupon such further proceedings might be had, as Wee, and both y^ sayd Parliaments (to whome y® Consideracion of the whole is Reserved), should thinke fitt, and necessary , for the Common Good of both y^ said Kingdomes, as in and by the said Act (relation being therevnto had) more at large it doth and may Appear. Now Know Yee that Wee, reposing speciall Trust and confidence in your fidelities, Prudence, industry. Diligence and Circumspection, have nominated. Constituted and appointed, and by these presents do nominate. Constitute, and appointe, Yow y® said Lord Arch Bishop of Canterbury, Lord Keeper of Our great Scale of England, Lord Duke of Buckingham, etc. to be Commissioners of the Realme of England in this behalfe, giuing Vnto Yow and any thirteen or more of yow, full power and Authority to assemble and meet with y® Commissioners to be authorized by y® parliament of Scotland, or so many of them as shall be a Quorum, at our Citty of Westminster, upon y^ fourteenth day of September next : And then and there to Treat, debate and Conclude of and concerning such an Vnion of the said Realmes of England and Scotland, and of and concerning all and evry such other Matters as Yow or the major part of yow then and there assembled shall judge convenient and necessary for our Honour, and y® weale and Common Good of both our said Realms. And also to doe and performe all and evry other the Acts and things which by y*^ Commissioners to be nominated vnder our great Scale of England ought, by Vertue of the said Act, to be done and performed. And so from Time to Time, with or without adjornments, to Assemble and meet, and to proceed in all and eury the matters herein or by the sayd Acts [fo/. 65.] 192 APPENDIX Committed to your Care, according to your best Discretions. And yow are to take Care that all your doings and proceedings in and about y^ premisses be reduced into Writings or Instruments Tripartite, and duely prepared to be presented to Us and to y*^ Parliaments of both our sayd Kingdomes, in such manner and forme as in and by y^ sayd Act is injoyn'd and Required. And for So doeing these our Letters patents shall be your sufficient Warrant and discharge in that behalfe. In wittnesse wherof Wee haue Caused these our Letters to be made pattents. Wittnesse, Our-Selfe at Westminster, the Twentieth day of August in y® 22*^^ year of our Raigne. Per Ipsum Regem. Barker. Then y® Earle of Lauderdaile, his Majestie's high Commis- sioner for the Kingdom e of Scotland, offered to their Lordships that y® like Commission vnder the Great Scale of Scotland was there present, which was read as followeth : Carolus Dei gracia Scotiae, Angliae, Franciae, et Hiberniae Rex, fidei Defensor. Omnibus probis hominibus suis, ad quos prae- sentes Literae nostrae pervenerint, Salutem. Sciatis, quando- quidem Regna nostra Scotiae et Angliae in eadem insula sita in Sacratissima persona Augustissimi nostri Avi Jacobi Sexti aeternae memoriae, in Leigiancia, obedientia, et Subjectione feliciter unita sunt, et ex eo tempore summo studio et enixe agebatur ut arctior et perfectior Unio inter dicta nostra Regna Coalesceret, qua in Re non[n]ullo progressu facto sub auspicijs et Regno Dicti nostri Avi Serenissimi : Nos Simili regio et paterno affectu et Cura pro uberiori felicitate omnium Subditorum nostrorum, ducti et cupientes, et in animo habentes prosequi. Quae Serenissimus noster Avus pie et prudenter facere statuerat, et auspicatus est, non ita pridem Vtriusque Regni nostri Ordinibus et parliamentis com- mendavimus ut Commissionarij Seu Delegati nominarentur ad Tractandum et deliberandum de Vniore praedicta, et in Comitijs seu parliamento nostro Edinburgi, Actum, confectum est 30 Julij [fol.66.] proxime elapsi, cui Titulus, Actum authoritate muniens quosdam Commissarios Regni Scotiae ad Tractandum cum Commissionarij s Angliae pro bono utriusque Regni, Quo quidem Acto parliamenti statutum et Sancitum est, quod ij qui a Nobis nominandi forent sub magno nostro Sigillo Regni Scotiae, vel certus eorum Numerus (Quorum nuncupatus) virtute et authoritate dicti Acti muniti sunt authoritate et Commissione et potestate instructi ad Con- UNION NEGOTIATIONS IN 1670 193 gregandum et Conveniendum Locis et Temporibus a Nobis designandis, et ad Tractandum et Consultandum secundum Tenorem eorum Commissionis et authoritatis in eum finem sub magno Sigillo cum Commissarijs per authoritatem parliament! Angliae authoritate munitis, de et Super tali Vnione Regnorum Soctiae et Angliae, et de et super talibus alijs negocijs, Causis et rebus quibuscunque, quae et prout matura deliberacione et praevia Consideracione major pars dictorum Commissionariorum congregata, ut dictum est, et una cum ijs Commissionarijs a parliamento Angliae authoritate muniti juxta Tenorem et Con- tenta eorum Commissionis, eum in finem eis demandatae, ex prudentia sua judicabunt convenientia et necessaria pro honore nostro, et Utilitate et Communi bono utriusque Regni. Et quod dicti Commissionarij redigant Eorum Acta et processus in praemissis in Scripta et Instrumenta tripartita Singula a prae- dictis Commissionarijs Scotiae et Angliae aut eorum majori parte subscribenda et sigillanda, quo eorum Unum Nobis, alterum parliamento Scotiae, et aliud parliamento Angliae, exhibeantur, proximis eorum Sessionibus in utroque regno tenendis respective, postquam predicta Scripta et instrumenta a predictis Commis- sionarijs subscripta et Sigillata fuerint. Vt postea desuper procedatur ulterius prout Nobis et utrique parliamento predicto commodum et necessarium videbitur, pro communi utriusque regni bono et emolumento ; Quibus quidem Integra eorum con- sideracio, et eorundem approbacio aut reprobacio, aut alicujus eorundem partis, prout Ipsis videbitur, penitus illibata reservetur, quemadmodum in dicto Acto fusius habetur. Cumque experientia Compertas habeamus fidem, prudentiam, et alias Animi Dotes Subditorum nostrum postea memorandorum et in ijs maximam fiduciam collocemus, idcirco nominavimus, Constituimus et ordi- navimus, Tenorque praesentium nominamus, constituimus et ordinamus, Dilectissimum et fidelissimum nostrum Consan- [/c/. 67.] guineum et Conciliarum, Johannem Comitem de Lauderdaill, etc. nostrum supremum commissionarium pro dicto regno nostro Scotiae, et Reverendissimum in Christo Patrem, Jacobum Archi- Episcopum Sancti Andreae, et fidelissimos nostros Consanguineos et Conciliarios, Johannem Comitem de Rothes, etc. dicti nostri Regni Celsum Cancellarium, Guilielmum Comitem de Marshall, etc. nostri privati Sigilli Custodem, Johannem Comitem de Atholl, etc. Alexandrum Comitem de Home, Carolum Comitem de Dum- fermling, Gulielmum Comitem de Lothiam, etc. Johannem Comitem N 194 APPENDIX de Twerdaill [sic], etc. Alexandrum Comitem de Kincardin, et Reverendos in Christo Patres, Robertum Episcopum Duna- blanensem, et Jacobum Episcopum Candidae-Casae (seu Gallo- widiae). Ac dilectos nostros familiares Conciliarios Dominum Archibaldum Prymroise de Dummany, nostrorum Rotulorum Registri, Concilij, Sessionis, Scacarij et parliamenti Clericum ; Et Dominum Johannem Nisbet de Derbeton, nostrum Advocatum Equites auratos. Et dilectum nostrum familiarem Conciliarium, Carolum Maitland de Halton et dilectum nostrum Dominum Jacobum Daliympill de Stair, et Dominum Johannem Baire de Newbyth, Equites Auratos^ ac Senatores nostri Collegij Justitiae, et dilectum nostrum Guilielmum Ersken, et dilectum nostrum familiarem Conciliarium, Dominum Robertum Morray, equitem Auratum, Quin etiam dilectos nostros Dominum Archibaldum Morray de Black-barony : Dominum Robertum Synclaire de Longformacus ; Dominum Alexandrum Frazer de Durres ; Dominum Guilielmum Bruce de Balcasky, Dominum Andream Ramsay de Abbottishall, praefectum Civitatis Edinburgenae : et Dominum Patricium Morray, Equites auratos, Commissionarios pro Regno nostro Scotiae, in hac parte. Dan do et Concedendo ijs aut quibusvis eorum tredecim aut pluribus plenam potestatem et Authoritatem ad Congregandum et Conveniendum cum Com- missionarijs a parliamento Angliae authoritate munitis, aut eo eorum Numero, qui eorum Quorum constituet, in Civitate nostra Westmonasteriensi, 14° die Septembris proxime sequentis, et ad (Loco et Tempore praedictis) Tractandum, Consultandum, dis- ceptandum et Concludendum, de et super tali Vnione dictorum [fol. 68.] Regnorum Scotiae et Angliae, et de et Super vniversis et singulis ejusmodi materijs, negocijs, Causis, et Rebus, quae et prout ante- dicti Commissionarij, aut major eorum pars, tunc et ibi congregata, expedire, et Convenientia conducibilia, et necessaria judicarint, pro nostro honore et utriusque Regni bono et emolumento. Nec non ad faciendum et praestandum omnes et singulos alios Actus et quaecunque alia, quae Commissionarij nominandi sub magno nostro Sigillo Scotiae possent aut debeant, Virtute dicti Acti parliamenti facere, explicare aut praestare. Cum potestate dictis Commissionarij s de Tempore in Tempus, praevijs prorogacionibus seu adjournamentis, vel absque et sine eis, congregandi, Con- veniendi et procedendi in omnibus Singulis materijs, negocijs, et rebus, Virtute praesentium, aut praedicti Acti Parliamenti, eorum fidei et Curae demandatis prout Eorum Officio et prudentiae con- UNION NEGOTIATIONS IN 1670 195 gruit. Mandamus porr6 et Requirimus ut Cuncta sua Acta et processum in premissis in Scripta et Instrumenta Tripartita redigenda Curent, eaque rite praeparanda et concinnanda, quo Nobis, et vtriusque Regni parliamento exhibeantur modo, in dicto Acto Parliamenti expresso et praescripto. In Cujus Rei Testimonium praesentibus magnum nostrum sigillum appendi praecepimus. Apud Aulam nostram de Whit-hall 15° Augusti Anno peractae Salutis humanae l670, et Regni nostri 22°. Per Signataram manu S. Domini Regis Suprascriptam. Which Commissions being read, the Lord Keeper of the Great Scale of England did let their Lordships know his Majesty had appointed Somerset-house for their future sitting on this Affaire, and (by consent of all their Lordships) adjourned their next meeting to be at Somerset-house on Saturnday next at (9) of the clock in y^ forenoone. At Somersett-house, \joL 65.] Saturnday, y« 17*^ of September 167O, present. Commissioners j or England. Commissionej's for Scotland. L. Arch Bishop Canterbury. E. Lauderdaile, L. Commis- L. KeejDer of the great Scale. sioner. Duke of Bucks. L. Chancellor. Earle of Essex. L. Privy Scale, Earle of Anglezey. E. Hoomc. L. Bishop of Durham. E. Lothian, L. Bishop of Chester E. Kincarden. L. Arlington. L. Register. L. Ashley. L. Advocate. Sir Thomas Clifford. L. Hatton. Sir John Trevor. L. Staire. Mr. Attourncy gencrall. L. Newbyth. Sir Robert Carr. M^ William Erskyn. Sir Thomas Osborne. Sir Robert Morray. Sir Richard Temple. Sir Archibald Morray. Sir Thomas Litleton. Sir Robert Sinclaire. Sir Leoline Jenkins. Sir Alexander Fraser. Sir Edmund Pooley. Sir William Bruce. This day y® Lord Keeper of the Great Scale of England delivered to the Earl of Lauderdaill, Lord high Commissioner 196 APPENDIX for Scotland, a Copy in Parchment of the Commission vnder the great Seale of England, attested by y^ Clerke appointed to attend y® English Commissioners, and received from his Lordship the Like Coppy of the Commission vnder the Great Seale of Scotland. Then y^ Lord Arlington, principall Secretary of State, pre- sented to y® Lord Keeper of the Great Seale a message from his Majesty in writing (a Duplicate whereof y® Earl of Lauderdaill declared he had also received), which message y^ Lord Keeper, ifci. 70.] etc. Read as folio weth : i Charles R. His Majesty, having vpon Seuerall Occasions own'd his hearty Wishes of a most strict vnion of these two Kingdomes, in pro- secution of the Attempt made by his Royall Grandfather, and in Order thereto, moved both his Parliaments to authorize Commis- sioners for a Treaty, doth very much rejoyce in their ready and Franke Compliance with his desires and y^ dutifull Respect they both expresse towards Him in y® doeing thereof, and hopeth not only y® Commissioners, now happily mett about the Treaty, shall agree upon the Temies and Condicions of this Vnion, but that by the blessing of God, his Parliaments will do their parts in brin[g]ing it to perfection, as he purposeth to doe His. For his Majesty Conceives that y® accomplishment thereof will Conduce as much as anything on earth Can doe, and indeed that is the most proper meanes y*^ Can be imagin'd, for strenghthing and preserving y® Royall Government, and Peace of this Island, from being ever hereafter shaken, as they haue been of Late : It will Roote out all Jealousies and Animosities for the future amongst his Subjects, and Settle amongst them a mutuall and firme Love and Confidence, and for ever preclude all feares from abroad. It will Open the way to the improvement of the fishing and all other Trades, and Commerce : and facilitate y*^ attaining such increase of Riches and Strength, as will put this Island in a more flourish- ing Condicion then hitherto could be reasonably hoped for, and so Render it mere Secure from Enemies, then ever : more usefull to friends and more Considerable to all y*^ world. And as his Majesty hath bestowed many serious thoughts upon this Treaty, the par- ticulars of the matter of it, and the Tearmes of such an Vnion as ^ The following letter is printed in Bruce, Report cn the Union^ vol. ii. App. No. xlv. Cf. State Papers Dom. Car. II,, 278. No. 185. UNION NEGOTIATIONS IN 1670 197 Hee desires, he is Graciously pleased, for encourageing the said Commissioners, to offer to y*" some of his Thoughts in a few Com- [/ol. 71.] prehensiue heads conteyning such things as He judges necessary to be Considered, and from which many Particulars will naturally arise, which will afford matter of Debate. The Result whereof his Majesty judgeth must be an agreement vpon some such Condicions and tearmes as must for the future be unalterable : That so y^ Blessing of this Vnion may be accom- plished by rendring y^ breach of it as impossible as humance [sic] Councells Can make it. The heads his Majesty proposeth to be treated of, are 1. The preserving to either Kingdome their Laws Civil and Ecclesiasticall entire. 2. The reduceing of both Parliamentes into One. 3. The Vniting of the Two Kingdomes into one Monarchy, vnder his Majesty, his Heirs and Successors, inseparably. 4. The Stateing of all Priviledges, Trade, and other advantages. 5. The securing y^ Condicions of the Vnion. His Majesty is pleased to offer these heads to y® Commissioners for the Vnion, as matter of Debate, but leaves it to them to followe such method, and make such proposalls on y^ subject as shall Occur to y'", and wisheth a happy and Speedy Close to their Debates. Which message being read, the Commissioners for Scotland desired some times to consider thereof, the matter being new to them, upon Avhich it was agreed to Consider against the next generall meeting in what method to proceed upon his Majesty's message, and also in what manner the Commissioners both of England and Scotland shall deliver their Opinions in their publick meetings. Vpon which y^ Lord Keeper of the Great Scale (by Consent of the whole board) adjourned their Lordships next meeting to Thursday y^ 22th instant at nine of the Clock in y*^ forenoon in y® same place. ^ ^ For the English Commissioners* meeting to formulate resolutions as to pro- cedure, vzde fol. 8 1, infra. 198 APPENDIX At Somer-set-house, Thursday, 22^^ instant, l670, present, Co7nmissioners for England. L. Arch Bishop Canterbury. L. Keeper of Great Seale. D. Bucks. E. Essex. E. Anglezey. L. Bishop of Durham. L. Bishop of Chester. L. Arlington. L. Townsend. L. Ashley. Sir Thomas Clifford. Sir John Trevor. M'^ Attourney generall. Sir Robert Carr. Sir Thomas Osborne. Sir Richard Temple. Sir Thomas Litleton. Sir Leoline Jenkins. Sir Edmund Pooley. Commissioners for Scotland. E. of Lauderdaill, L. Commis- sioner. L. Chancellor. L. Privy Seale. E. Home. E. Lothian. E. Kincarden. L. Register. L. Advocate. L. Hatton. L. Stayre. L. Newbyth. William Ersken. Sir Robert Morray. Sir Archibald Morray. Sir Robert Sinclaire. Sir Alexander Eraser. Sir William Bruce. This day ^ y^ Lord Keeper of y^ Great Seale in y*^ name of y® Commissioners for England offered to y^ Board what their Lord- shipps had thought fitt to propose as preliminary Articles or Rules for their better proceeding in this Treaty^ which being read, and y® Substance thereof assented to by y® Commissioners for Scotland, it was agreed that a Committee of Commissioners of both Kingdomes should be appointed for the wording of what was agreed to, and to Report vnto y*^ Board. Then his Lordship proposed y® third head in his Majestie's message (videlicet, The uniting of the two Kingdomes into one Monarchy vnder his Majesty, his Heirs and Successors, insepar- ablely), to be y® first Article to be Debated, which was assented ^ Opposite fol. 72 the more modern hand has added extracts from ' Thomas Cragius, Libro 1°,' on the laws of descent or succession. 2 The English Commissioners held a preliminary meeting on this date. Vide infra^ fol. 82. UNION NEGOTIATIONS IN 1670 199 to by Commissioners of Scotland. And upon debate it was agreed to Leave out y® -words (and Successors)^ and that y^ monarchy be stiled by y® name of Great Britaine, and y*^ this Article should be worded by the aforesaid intended Committee. Then y^ Commissioners for y® kingdome of England named ^ the [foL Earle of Anglezey, Atturney generally and Sir L. Jenkins, and y® Commissioners for Scotland named y® Earle of Kincarden, y^ Lord Advocate, and Sir Robert Morray, to be a Committee for wording y® two preliminary Articles, and the third head in his Majesties message, as agreed to. Whose Lordships might meet when and where they please, so as they be ready to make a Reporte on Saturnday morning next.'* Then y® Lord Keeper of the Great Scale proposed to y*^ con- sideracion of y® Commissioners for Scotland whether they would proceed upon y^ first or second head mencioned in his Majestie's message : upon which the Commissioners for Scotland declared their Choice to enter upon the Debate of the first head (videlicet, y^ preserving to either Kingdome their Laws Civil and Ecclesias- tical! entire) on Saturnday next, which being agreed to, y^ Lord Keeper of y^ Great Scale (by their Lordships generall Consent) adjourned their next meeting to Saturnday next at nine of y^ Clock in y^ forenoone. At Somerset-House, Saturnday, 24*^ September, I67O — present, Commissioners for England. Commissioners for Scotland. L. Arch Bishop Canterbury. E. Lauderdaill, L. Commissioner. Lord Keeper of y^ Great Scale. L. Chancellor. D. of Buckingham. L. Privy Scale. E. of Essex. E. Home. E. Anglezey. E. Lothian. L. Bishop Durham. E. Kincarden. L. Bishop Chester. Lord Bishop Galloway. L. Arlington. Lord Register. L. Townsend. Lord Advocate. 1 Cf. fol. 83 infra. Ibid. 3 Opposite fol. 73, in the same modem hand, are 'extracts from T. Crag, lib. 2.' Cf. fol. 84, infruy for the proceedings of these Committees upon Friday, September 23. 200 APPENDIX L. Ashley. Lord Hatton. Sir Thomas Clifford. Lord Stayre. Sir John Trevor. Lord Newbyth. Atturney generall. William Newbyth. Sir Robert Carr. William Ersken. Sir Richard Temple. Sir Robert Morray. Sir Thomas Osborne. Sir Archibald Morray. Sir Thomas Litleton. Sir Robert Synclaire. Sir Leoline Jenkins. Sir Alexander Frazer. Sir William Bruce. Ifoh 74.] The Lord Keeper of y^ Great Scale read at the Board y® two preliminary articl[e]s of Union (upon the third head in his Majesties message), worded by y® Lords Committees of the Com- missioners of both Kingdomes,^ to each y® Commissioners of both Kingdomes declared their Consent. Then y® Articles were written faire and signed by y® respective Clerks, and then (being openly read againe by the Clerk attend- ing the Commissioners of England) were interchangeably delivered to y^ Commissioners of both Kingdomes to be enter'd in their respective books and signed by both Clerks. 1. That y® manner of proceeding between y® Commissioners of both Kingdomes be by conference and Debate, and that y^ Results of their Debates be put in writing by a Committee of the Commissioners of both kingdomes, and after approbacion thereof y® Coppies of such writings be delivered to y^ Commissioners of both Kingdomes, interchangeably Signed by their Respective Clerks, and then enter'd in their Respective books and Signed by both Clerks. 2. That nothing which shall be agreed or assented to by the Commissioners of both kingdomes in their Treaty, shall be taken as y® Opinion or Resolucion of the said Commissioners, nor drawn into Consequence, nor any way mayd use of, as such, vntill y® whole which shall be agreed to be reduced into Instruments tripartite vnder y^ hands and scales of the Said Commissioners, according to their Respective Commissions. Nor then neither, vnlesse the same being presented vnto, shall be approved and 1 Cf. ff. 84 and 85, in/ra. 2 Cf. SiaU Papers^ Dom.^ Car, II., 278, No. 212. UNION NEGOTIATIONS IN 1670 201 Ratified by the Respective parliaments. So as this Praeliminary be not vnderstood to Leave roome for Debate or Change of any thing by y*^ Commissioners, which shall be put vnder their hands and Scales as aforesaid.^ ARTICLES OF THE VNION. Resolved, 1. That y^ two Kingdomes shall be inseparably vnited into one Monarchy vnder his Majesty, and y® hey res of his body, and for default of such heires vnder the heyres of the body of King James, his Majesties Royall Grandfather of Glorious memory. 2. That the name of this monarchy shall be great Brittaine. By Order of the Commis- By Order of y^ Commis- sioners for y^ Kingdome sioners for y^ Kingdome of England. of Scotland. Jo. Walker, Cler. J. [?] Forrester,^ Cler. Next y^ Earle of Lauderdail, Lord Commissioner for Scotland, [/ol, 76,] offered the first head in his majesties message to be then pro- ceeded on, viz.^ The preserving to either kingdome their Lawes Civil and Ecclesiasticall entire. And after some Debate there- upon had at y^ Board, to the end their Lordships might better Consider thereof, the Lord Keeper of y^ Great Scale (by y« Generall consent of the Commissioners of both kingdomes) ad- journed* the next meeting to thursday y^ 13*^ of October next at nine of y^ Clock in y^ forenoone. At Somersett-House, Thursday, y*^ 13"^ of October, 1670, present, Commissioners for England. Commissioners for Scotland. L. Keeper of y® Great Scale. E. Lauderdail, Lord . Commis- E. Essex. sioner. L. Bishop Chester. L. Chancellor. L. Widdrington. L. Privy Scale. Attourney generall. E. Home. * This clause was thus worded, modifying the original draft of the joint Com- mittee, in view of the objections of the English Commissioners. Cf. fol. 85, infra. 2 Part of this name is cut off at the bottom of the page. 3 Cf. State Papers, Dom.^ Car. II. ^ 278, No. 211. ^ The English Commissioners sat apart at the conclusion of this day's con- ference. Cf. fol. 86, infra. 202 APPENDIX Sir Thomas Litleton. E. Lothian. Sir Leoline Jenkins. E. Kincarden. L. Bishop Galloway. L. Register. L. Advocate. L. Hatton. L. Staire. L. Newbyth. William Ersken. Sir Robert Morray. Sir Archibald Morray, This day y^ Commissioners for both kingdomes present being mett in y^ great Roome y® Earl of Lauderdail, Lord high Com- missioner for Scotland, did intimate vnto their Lordships, that in Regard of his Majestye's being (at y^ present) at Newmarket, where many of the Commissioners appointed for this Treaty are attending on his Majesty, he conceived there was Sufficient Reason for adjourning their proceedings for some fewe dayes longer: upon which (by the Generall Consent of the Commis- sioners present) the next meeting was appointed to be on thurs- day, the 20*^ of October instant, at nine of the Clock in y® forenoon. [foi. 76.]^ At Somerset-House, Thursday, the 20*^ of October, l670, present, Coinmissioners for England. Commissioners for Scotland. L. Arch Bishop Canterbury. E. Lauderdail, L. Commissioner. L. Keeper of y® Great Scale. L. Chancellor. L. Steward of his Majesties L. Privy Seale. household. E. Home. E. Essex. E. Lothian. E. Anglezey. E. Tweedail. E. of Carlisle. E. Kincarden.- L. Bishop of Durham. L. Bishop of Galloway. L. Bishop of Chester. L. Register. L. Widdrington. L. Advocate. L. Townsend. L. Hatton. L. Ashley. L. Staire. Sir Thomas Clifford. L. Newbyth. ^ Opposite fol. 76 sqq.. Statutes of Scotland, Poynings Law, etc. UNION NEGOTIATIONS IN 1670 203 Sir John Trevor. M"^ Attourney general!. M'^ William Ersken. Sir Robert Morray. Sir Robert Synclaire. Sir Richard Temple. Sir Thomas Litleton. Sir Leoline Jenkins. Sir Alexander Frazer. Sir William Bruce. Sir Thomas Higgins. Sir Edmund Pooley. The Lord Keeper of the great Scale acquainted y^ board y* y^ Commissioners for England had Considered ^ of the proposition made by their Lordships y^ Commissioners for Scotland upon y^ first head in his Majesties message (now under Consideracion) (videlicit), That the Laws and Customes Civile Criminall and Ecclesiastically Judicatories and Officers of either kingdome^ be preserved and remayne entire in all time comming as they are before y*^ Vnion. And y^ all Actions,, processe, Causes and ques- tions. Civil, Criminall, or Ecclesiastically concerning y® subjects of Scotland, or any of them, in their Laws^ Rights, proprieties^ or other Interests in Scotland, be onely tryed^ judged and deter- min'd, in Scotland, by y^ Ordinaries and Competent Judicatories there : and shall not be pursued, heard or judged in England, in y^ first instance, or by way of Appeal, Review, Reduction, or any L/o^. 77.] other way whatsoever. His Lordship told the Board y* the Commissioners for England conceive, as this proposition is made, the Parliament which will be for great Britaine after y*^ Vnion will have no Legislative Power to alter or Change any Laws how Greivious soever. Besides, there will be no power any where to Alter any of the Laws in Scotland, though the subjects of Scotland should desire it, and therefore desired their Lordshipps, y® Commissioners for Scotland^ to explaine their meaning upon that proposition. Whereupon y® Commissioners for Scotland withdrew, and soon after Returning the Earl of Lauderdaill delivered the meaning of the Commissioners for Scotland as followeth. Our Meaning is not hereby to determine every particular Law of Scotland to be vnalterable, but wee cannot Say any thing to the way of altering till y^ next Article concerning the Parliament be Treated. Vpon which y^ Commissioners for England withdrew for a while to Consider of y® sayd Explanacion,^ and Returning againe the Lord Keeper of y® Great Seale did let y*^ board know that 1 Cf. fol. 87, infra. Cf. fol. 88, tn/ra. 204 APPENDIX their Lordships conceived the matter proposed worthy of a Litle more time, in which it may be better Considered of, as well by y^ Lordships, y^ Commissioners for Scotland, as by the Commis- sioners for England. Whereupon (by y® generall Consent of the Commissioners of both kingdomes) the next meeting was ad- journ'd to Saturnday the two and Twentieth instant at (9) a Clock in y® forenoone. At Somersett-house, Saturnday, 22*^ October, 1()70, present. Commissioners for Scotland. E. Lauderdail, Lord Com- Commissioners for England. L. Arch Bishop Canterbury. L. Keeper of y*^ Great Scale. L. Steward [ of his Majesties L. Chamberlaine. ( household. E. Essex. E. Anglezey. L. Bishop of Durham. L. Bishop of Chester. L. Widdrington. L. Townsend. Atturney Generall. Sir Robert Carr. Sir Richard Temple. Sir Thomas Osborne. Sir Thomas Litleton, Sir Leoline Jenkins. Sir Thomas Higgins. Sir Edmund Pooley. missioner. L. Chancellor. L. Privy Scale. E. Home. E. Lothian. E. Tweedail. E. Kincarden. L. Bishop of Galloway. L. Register. L. Advocate. L, Hatton. L. Stay re. L. Newbyth. M'^ William Ersken. Sir Robert Morray. Sir Archibald Morray. Sir Robert Synclaire. Sir Alexander Eraser. Sir William Bruce. Sir Andrew Ramsey. Sir Patrick Morray. The Lord Keeper of y^ Great Scale expressed the Sense of the Commissioners for England^ upon y^ exposition made by y^ Commissioners for Scotland, upon y^ first head proposed in his Majesties message (mWe/«ce/, The preserving to either Kingdome ^ They had held a preliminary meeting on this day. Cf. fol. 88 mfra. UNION NEGOTIATIONS IN 1670 205 their Laws Civil and Ecclesiasticall entire), and finding that altering of Laws will relate to y*^ next head proposed in his Majesties message {videlicet, Reduceing of both Parliaments into One), did let Board know, that if their Lordships of Scotland thinke fitt, they were ready to proceed upon that head, and if they pleased to offer any particulars upon it, the Commissioners for England were ready to proceed thereupon. Vpon which y® Commissioners for Scotland declared their willingnesse to proceed on that head, but desired time to Con- sider of what shall be thought fitt to offer and debate on either side, upon it, vntill another meeting.^ By his majestie's Order on the 26*^^ of October, I67O, the next meeting of y® Commissioners of both Kingdoms was put off to Twesday, y*^ 1^*^ of November next, at 9 of the Clock in the forenoone. At Somersett-House, [/ol. 79.]-^ Twesday, y® of November, I67O, present, Commissioners foj^ England. L. Arch Bishop Canterbury. L. Keeper of y® Great Scale. E. Essex. E. Anglezey. E. Carlisle. L. Bishop of Chester. L. Widdrington. L. Townsend. L. Ashley. Sir John Trevor. Atturney generall. Sir Robert Carr. Sir Thomas Osborne. Commissioners for Scotland, E. Lauderdaile, Lord Commis- sioner. L. Chancellor. L. Privy Scale. E. Home. E. Lothian. E. Tweedail. E. Kincarden. L. Bishop Galloway. L. Register. L. Advocate. L. Hatton. L. Staire. 1 The English Commissioners held a meeting apart at the conclusion of this day's conference. Cf. fol. 89, zn/ra. 2 Opposite fol. 79, etc., are ' Conditions offered by K, Phil. 11. to y^ Portaguez before y^ attaque,' remarks on uniting the kingdoms, the name Great Britain, etc. 206 APPENDIX Sir Thomas Litleton. Sir Leoline Jenkins. Sir Thomas Higgins. Sir Edmund Pooley. L. Newbyth. M'^ William Ersken. Sir Robert Morray. Sir Archibald Morray. Sir Robert Synclaire. Sir Alexander Frazer. Sir William Bruce. Sir Andrew Ramsey. Sir Patrick Morray. The E. of Lauderdail declared that (according to agreement) y^ Commissioners for Scotland were ready to proceed upon the Second head proposed in his Majestie's message (videlicet), The Reduceing of both Parliaments into One. And y*^ they did consent y* both Parliaments be vnited into One. To which 1 y^ Lord Keeper of the Great Scale answer'd that y® Commissioners for England did likewise agree to it; but supposeing that the Commissioners for Scotland intend a Propor- tion of Members as to Ballance of that Parliament, desired to know what that proportion shall be for Scotland as to England. Vpon which y*^ Earle of Lauderdail declared that they came to this Treaty by y® Authority of y® Parliament of Scotland and were named by his Majesty, and they did not See how their number shall be lesse then now it is in the Parliament of Scotland, with- out incapacitating some Peers of Scotland, and cutting of some shires and royall Bouroughs from sending members of Parlia- ment, which would be a hard Task to vndertake, th[eir] Lordships being to Give an Account of this Treaty to y*^ Parliament of Scotland. 2 Whereupon y^ Lord Keeper of the Great Scale told them their Lordships, having proposed a thing which y^ Commissioners for England could not expect: It would be fitt to take some time to Consider thereof, which being agreed to,^ The next 1 The English Commissioners had already held a preliminary meeting on this date to consider this question. Of. fol. 89, znfra. 2 Cf. State Papers, Dom., Car. II., 280, No. 69. ^ The English Commissioners, at the conclusion of this day's conference, met apart and instructed the Attorney-General to prepare arguments with which to oppose the Scottish Commissioners' views upon Scotland's representation in the united Parliament. Cf. fol. 90, infra. UNION NEGOTIATIONS IN 1670 207 meeting (by the Generall Consent of the Board) was adjourned to Twesday, y^ 8*^ day of November, instant, at three of the Clock in y^ aftemoone to debate this buisnesse. Tuesday, y^ 8*^ of November, l670. The meeting of the Commissioners of both Kingdomes intended to be this day was putt of till Saturnday next being y^ 12*^^ instant November at three a Clock in y^ afternoone. By his Majesties Order on y® eleaventh day of November, l670, the next meetin7.] This day y^ Commissioners for both Kingdomes present being mett in the great Roome, the Earl of Lauderdaill, Lord high Commissioner for Scotland, did intimate to their Lordships that in Regard of his Majesties being (at this present) at Newmarket, where many of the Commissioners appointed for this Treaty are attending on his Majesty, He conceived there was sufficient Reason for adjourning their proceedings for some few days longer. Vpon which (by y^ Generall Consent of the Commissioners present) y« next meeting was appointed to be on thursday, y^ 20*^ day of October instant, at nine of the Clock in y^ forenoone. Thursday, the 20*^ of October, l670. The Commissioners for England being mett in their Chamber, the first head proposed in his Majesties message, videlicet, The UNION NEGOTIATIONS IN 1670 215 Preserving to either kingdome their Laws Civil and Ecclesiasticall entire, was read, with the proposition made by Commissioners for the kingdome of Scotland as an explanacion thereof, which being debated by their Lordships (after some time spent), it was agreed to desire the Commissioners for Scotland to expresse their meaning more clearly as to the Legislative power of y® Parlia- ment which will be for Great Britaine after the Vnion. Vpon which y^ Commissioners for both kingdomes being mett, the Lord Keeper of the Great Scale offered to the Board that the Commissioners for England had Considered of the proposi- tion made by y*^ Commissioners for Scotland upon y® first head in his majesties message now vnder Consideracion, and having read the proposition, told their Lordships, That as the Proposi- tion is made the Parliament which will be for great Britain, after the Vnion, will have no Legislative power to alter or Change any Laws how Greivious soever : Besides, there will be no power any where to Alter any of the Laws in Scotland (though the Sub- jects of Scotland should desire it), and therefore Desired their Lordships, y® Commissioners for Scotland, to explaine their meaning upon that proposition. Whereupon y« Commissioners for Scotland desired to withdraw and returne again e presently. Whose Lordships soone after returning, the Earle of Lauder- daill delivered the meaning of the Commissioners for Scotland as followeth. Videlicet, Our meaning is not hereby to determine every particular Law of Scotland to be unalterable. But wee Cannot say any thing to the way of altering till y® next Article Concerning y^ Parliament be Treated. Vpon which y^ Commissioners for England desired to with- [fol.88.'\ draw for a while to Consider of what was offered and to Returne presently. Whose Lordships being withdrawn to their own Chamber, the said Answer of the Commissioners for Scotland was there read, and upon some Consideracion had thereof, It was agreed to take a Litle further time to Consider more fully thereof, and vpon their Returne to propose the same to the Board, and a present Adjournment. Then the Commissioners for England being returned to the Great Roome, the Lord Keeper did let the board know that their Lordships Conceive the matter proposed worthy of a Litle more time, in which it might be better Con- sidered of, as well by their Lordships, the Commissioners for Scotland, as y® Commissioners for England. Whereupon by y® 216 APPENDIX Generall Consent of the Commissioners of both Kingdomes, the next meeting was adjourned to Saturnday, 22*^ instant, att nine of the Clock in y^ forenoone. Saturnday, the 22*^ of October, l670. The Commissioners for England, being mett in their Chamber, read the last paper delivered by y® Commissioners for Scotland (Jldelicet, Our meaning is not by this paper to determine every particular Law of Scotland to be unalterable, but wee Cannot say any thing to y® way of altering till the Article Concerning the Parliament be Treated), and thereupon agreed to offer at the Board, that they are ready (if their Lordships of Scotland please) to proceed upon y® second head proposed in his Majestye's message (Videlicet, the vniting of both Parliaments into One) and to Receive what y® Commissioners for Scotland shall offer thereupon. Then y^ Commissioners for both kingdomes being mett, y*^^ Lord Keeper of y^ great Scale expressed the sence of the Com- missioners for England upon y^ exposition made by y^ Commis- sioners for Scotland upon the first head proposed in his Majesties message (Videlicet : The preserving to either Kingdome their Laws Civil and Ecclesiasticall entire), and finding that the altering of Laws will Relate to y® next head proposed in his Majesties message (videlicet, The Reduceing of both Parliaments into One), did let the Board know that if their Lordships of Scotland thinke fitt, they were ready to proceed upon that head, and if they pleased to offer any particulars upon it, the Commissioners for England were ready to proceed thereupon. Vpon which y® Commissioners for Scotland declared their willingnesse to proceed upon that head, but desired time to Con- sider of w^hat shall be thought fitt to offer on either side on it untill another meeting. [/o/. 89.] Whereupon, by y*^ generall Consent of the Commissioners of both Kingdomes, the next meeting was adjourned to thursday, y^ 27*^ instant, att three a Clock in the afternoone. Then the Commissioners for England returned to their Chamber to consider upon what manner to proceed upon the said head and after some time spent, agreed to heare what the Com- missioners for Scotland will att their next meeting propose upon that head. By his Majesties Order on y"^ 26*^ of October y^ next meeting UNION NEGOTIATIONS IN 1670 217 of y*^ Commissioners of both Kingdomes was putt of to twesday, ye I St Qf Nouember, 1670, at nine of the Clocke in y^ forenoone. Tuesday, y*' P*^ of November, l670. The Commissioners for England being mett in their Chamber to consider of the second head in his Majesties message now to be treated on (videlicet, The Reduceing of both Parliaments into One), agreed to propose to y^ Commissioners for Scotland, That conceiving their Lordships intend a proportion of number of members to sitt in both houses of y^ ParHament which shall be for Great Brittain, they desire to know from y^ Commissioners of Scotland what that proportion shall be for Scotland as to England. Then y*^ Commissioners of both Kingdomes being mett, the Earl of Lauderdaill, Lord Commissioner for Scotland, declared that, according to agreement, y® Commissioners for Scotland were ready to proceed upon the said 2^ head (Videlicet, the reduce- ing of both Parliaments to One), and they did consent y* both Parliaments be united into One. To which y*^ Lord Keeper of the Great Scale answered, that y^ Commissioners for England did likewise agree to it, but sup- posing that the Commissioners for Scotland intend a Proportion of members as to the ballance of that Parliament, and desired to know what that proportion shall bee for Scotland as to England. Vpon which the Earl of Lauderdaill declared that they came to this Treaty by authority of the Parliament of Scotland, and were named by his Majesty, and did not see how their number shall be lesse then now it is in y^ Parliament of Scotland, without incapacitating some peers of Scotland, and cutting off some shires and royall Bouroughes from sending Members to Parlia- ment, which would be a liard task to vndertake, their Lordships being to give an Accompt of this Treaty to y^ Parliament of lfol.90.'] Scotland. Vpon which the Lord Keeper told them that their Lordships having proposed a thing which y« Commissioners for England could not expect, it would be fitt to take some time to Consider thereof, which being agreed to, the next meeting (by y^ generall Consent of the Board) was adjourned to twesday, y^ eigth of Nouember instant, att three of y^ Clock in y« after-noone, to debate this buisnesse. 218 APPENDIX Then Commissioners for England being returned to their Chamber, after some debate, it was agreed to desire Attourney General! to draw up some reasons to be offered to their Lordships Consideracion at their next meeting against what y*^ Commis- sioners for Scotland have proposed concerning their Parliament being entirely vnited to y^ Parliament of England. Twesday, y^ 8*^ of November, l670. The meeting of the Commissioners of both Kingdomes in- tended to be this day was putt off till Saturnday next, being the 12*^^ of this instant November, att 3 a Clock in y® afternoone. By his Majesties Order on the eleaventh day of Nouember 1670, the next meeting of the Commissioners of both kingdomes was adjourned to the last thursday in March next Coming. UNION NEGOTIATIONS IN 1670 219 APPENDIX III [Opposite fol. 71 in a rather more modern handwriting : — ] The Agreement. 1. All Hostile Lawes on both Sides to be abrogated, whereof Severall are Enumerated. 2. The name and the Lawes, Treaties and Customes of the Borders to be extinguish'd, and the Subjects to be govern'd by their respective Municipall Laws. 3. Wrongs done upon the Borders, if they be already declar'd upon in Bills filed, or else pronounced for by Sentences definitive, to be redressed (if that Cannot be by y® Commissioners named) by the next Session of Parliament. 4. No English man Shall bring prohibited wares into Scotland unles of English manufacture, et vice versa. 5. English men shall transport French wines into Scotland, paying y^ Same Duties with Scots there, and vice versa. 6. Two of a Side shall be sent into France, and according to what they informe of the Scotish Privileges there, above y^ English, the Customs shall be rays'd, and vice versa, as long as the priviledges last. 7. Importation free as to Natives. 8. Exportation of prohibited good reciprocally Penall. 9. Otherwise free upon the same termes to both. The rest of the heads are for Trade, excepting y^ there is one about offices. Honours and Dignities to be Confer'd in y*^ one Kingdom upon y® Natives of the Other, and that about the bringing of Refugiez to punishment. The Emperor Matthias proposes (anno l6l7) to the Estates of Bohemia to Chuse to themselves his Cosin Ferdinand for their King : himselfe haveing no son and his two Brothers having renounc'd their Title to that Crown in favour of Ferdinand, whom the Emperor had adopted to be his son and Successor. 220 APPENDIX The States consent to the Election and Crown him, but not to exercise his Charge during the Emperors Life. Statute book, Edward 3 anno xiiij'' cap. solo, acknowledgeds [sic] his haveing P- changed his Seal and his Armes, and added France to his style. Whether the two Kingdoraes are not united allready into one Monarchy, as fully as they can be, by humane witt. Wee have Instances of Severall Unions abroad, by Descent as this is, Portugall with Castille, Navarre with France. There is no Incorporation of the one into the other, by transfusion of the Lawes of the one into another, nay, the Contrary is provided for most expresly in both Cases. UNION NEGOTIATIONS IN 1670 221 APPENDIX IV [Opposite fol. 74 in the rather more modern handwriting : — ] As to the Subject of this days Debate,^ I would humbly offer that though it be verry practicable and safe to lett the Lawes of property stand as they are, I think there are some Laws in Scotland touching descent that may deserve your Lordships Con- sideration. For though I perceive tis my Lord Keeper's opinion, and that Agreable to y^ Practice received in all free Monarchies cannot make heires or limit any remainders to y^ Crown, yett it hath been an opinion contended for in severall Places that where there is no received uniforme Rule in the Descents of the Crown (as the presence of a saliqiie Law in France is Sacred there), there the Descent of Private Inheritances is made a good Argument that the Crown should follow the same Course. My Lord of Anglesey was pleased to lay before your Lordships a possibillity that theire might such a Case happen that one and the Same person might be capable of Inheriting by the Law in one Kingdome and yet at the Same Moment uncapable by the Lawes of the other. By the Law of England a Brother by the halfe bloud inherits not after his Brother, for Instance, by the Fathers side, but the Sister of the whole Bloud or else the Uncle, by the Law of Scot- land, a Brother of the half blood Succeeds and excludes y® sister by the whole bloud. My Lord I have no pretence to be so well vers'd in the Laws of Scotland further then they are Common with the Civill Law. Only I have my Author, one Th. Crag, who was in his Time a Lawyer of good Esteem with King James, and was one of the Commissioners in the first Treaty for the Union. He in his second Book de Jure Feudali, where he treats of Collaterall Successions, does not onely deliver it as the Law of Scotland that Brothers of the halfe Bloud succeeds those of the Vide p. 201, supra. 222 APPENDIX whole^ but does in the same Place observe the Different Course which the English Law takes in this Case. A man has severall children (for Instance), one son by one Venter, and two or three by another, the father dyes, the Son by the first Venter enters, and is seiz'd, and Dyes without Issue. In that Case, not the Brother by the Second, but the uncle succeeds [sic] as next of the whole bloud. Then indeed, if that uncle dyes, the father of the Children will be his heir, and then those of the halfe bloud will come in, not as heires of their Fathers, but of the Whole Bloud to their Uncle. My Lord, the objection is too obvious, if the Desents of the Crown doe follow the Same Rules and Measures with those of private Inheritances, but as I suppose they ought not to doe ; and that England receded from their own Rule in the Case of Queen Mary and Queen Elizabeth, who were of the halfe bloud to King Edward, so I should hope Scotland (if ever it came to be a Ques- tion) would doe the Same and follow the Rule of England. Remotior in uno gradu linealiter descendens praeferendus est proximiorj in gradu exeuntj de secundo-genita in qualibet succes- sione. Rot. liberat. an[n]o 3° Ed. j. M. 2. per John LovetoL Rot. pat. an. 20 Ed. j. Com. Glove. Scotia. Rot. pat. 21 Ed. i. inter Placita. Mich. 33^ Ed. i. coram Rege, Rot. 127. Scotia. Rot. pari. 35 Ed. i. in brevi de Pari. Rot. pari. 14 Ed. 3. n. 15. stat. 4. Rot. Claus. 22 200, 202, 204, 206. Baker, C, 117, 128, 129. Balcarres, Alexander, earl of, his forces disbanded, 2 and n. Balcomie, lord, 26 Banff, 55 ; assents to the union, 46. Banffshire, assent and proposals of, to the commissioners, 43, 84 n. Barclay, col. David, of Urie, returned for Forfar and Kincardine, hi, Ixii. Barebones parliament dissolved, xlviii. Baron courts, Ixxiv, 18 1 11. Harronn, Gavin, 94. Rartreid, H., 169. Bass island, 5 and n. Baxter, W., 32, Baynes, Adam, M.r. for Leeds, Ixxii. Bees, John, 136. 228 THE CROMWELLIAN UNION Beke, Richard, returned for Moray and Nairn, Ixiii and n. Bell, Will., 104. I)ennett, John, 106. Ikrvie, liv n. Berwickshire assents to the union, 18, i 23, 29 ; declaration of protection to, 1 24; parliamentary deputies of, 183. j Bicknall, George, 106. Binnie (Binhay), J., 1 51, 156. Binny, Andrew, 71. Birrell, Ma., of Becherterme [?], 120. Jo., 71- Blackwood, W., 104. Blair, George, of Garvoch, xxxv, 31, 156, 157, 183- Robert, opposes the union, 6 and n. Bohall, James, 104. Uohemia, king of, 219. r)Ourlass, N., 151. Brand, F., 103, 104. Bray, R., 168. Wm., 168. Hrechin, 55 ; assents to the union, 46. Brentoune, J., 75. Bressie, Benjamin, of Dolphinton, re- turned for East Lothian, Ivi and n. Bridgeman, sir Orlando, keeper of the great seal, 189, 195, I97-2I7> 223. Bright, Jo., 103, (Bryte), 104. Brisson, 32, Brodie, Alex., of Brodie, xlv, 11, 16. David, 92. J., 115, 116. James, 92. Brodnosblym [?], H., 1 16. J., 115- Broghill, Roger, lord, lix «, Ixxiv « ; returned for Edinburgh, Ixiii. Brossen, Andrew, 102. Broun'll, Ja., 72. Browne, George, 20, , of Colstoune, 32. yr., of Colstoune, 32. Gilbert, of Bargbie, 134, 152. John, of Mallance, 134, 152. Patrick, 33. Robert, 93 and n. William, ofMuntonne, 134, 152. Bruce, R., 138. Thomas, of Walkin, 62, 63 and n. sir William, ofBalcasky, 189, 194, 195, 198, 200, 203, 204, 206. William, of Prior, 26 «, 89 and «, 90 n, 91, 156, 157. Buccleuch, Francis, earl of, xxiv n. Buchanan, A. G., 122 and n. Buchane, Alexr, , 92. Buckingham, George, duke of, 188 189, 195. 198, 199. Burghs of Scotland, list of, summoned to send deputies to Dalkeith, 11, 12 ; propositions to, 14; order for burghs who have failed to appear, 15 ; char- ter to assenting burghs, 63 ; number of assenting burghs, 85, 120, 140; privileges of, Ixxi, Ixxii, 54 and n, 55 ; empowered to elect magistrates, Ix ; parliamentary representation of, xxxiii and «, xxxiv, iiii, Ixiii and n ; instructions to their representatives, Ixv ; representation of, in 1659, Ixxviii. See also Representation. Burntisland's assent to the union, 49. Buteshire's assent to the union, 50 ; proposals of the shire and burgh, 70. Butherland [? Sutherland], J. , 115, 116. Bynny. See Binny. Cairner, Thomas, 33. Caithness, expedition to, 27, commission to the deputies for the shire of, 138 : assent and desires of the shire of, 157. earl of, Ixxv and n, Caldrewood, Tho., 72. Campbell of Glencaradel, 169. A., of Dunstafnage, 147, 169. of Kilberrie, 147. of Roherns, 169. Alex., 169. Coline, of Ardintennye, 147. D., of Inveray, 147, 169: Da., 169. Dowgall, of Lagg, 146, 169. Elmo, 169. — Euen, 169. F., of Aknish, 169. H., provost of Dumbarton, 154. J., 103, 116. of Glenorg, 169. James, of Arkinglas, 146, 164, 169-173. Jo., 115. John. 6"^^ Loudoun, earl of. M., of Lagg, 164. N., of Dontroun, 169. Neil, 169. of Rocodell, 147. Patrick, of Knap, 147, 169. R., of Donntoone, 147. W., of Skymishe, 169. Campvere, Ixv and n.\ Candia, 223. Canea, 224. INDEX 229 Carlisle, Charles, earl of, i88 n, 189, 202, 205. Carneg}', sir Alexander, of Balna- moone, 47. lord James, xxxv, xliv w, 47 and n, 183. 156, 157. Carr, sir Robert, 189, 190, 195, 198, 200, 204, 205. Carstaires, Andrew, 105. James, 105. John, 10. William, 105. Caryll, Mr., chaplain, xxiv. Cassillis, earl of, Ixxv, Ixxvii, Ixxx and 11. Cattone, Richard, 33. Chaloner, J., 120. Charles ii. proclaimed at Edinburgh, xcvii ; advocates a wider scheme of union, 187 ; his proposals for the con- sideration of the commissioners, 209 ; his speech at the opening of parlia- ment, 223 ; letter from, to the com- missioners, 196. Charter to assenting burghs, 63. to sheriffs principal, 65 and n. Chester, bishop of. See Wilkins, John. Cheston, Wm., 136. Chiesley, sir John, of Kerswell, 7 and n, II, 16. Clackmannanshire assents to the union, 87. Clarges, Dr. Thomas, returned for Ross, Ixii and n ; returned for Banff, etc., Ixxix ; returned also for Peebles, Ixxx and n ; defends the presence of the Irish and Scottish representatives in parliament, Ixxxiii. Cleghorne. Alex., 72. Clergy. See Ministers. Clerk, Dowgall, of Bralechane, 69, 147. Forrester, 131. Clifford, sir Thomas, 189, 190, 195, 198, 200, 202. Cobbet, colonel, sheriff of Angus, 164. Cochrane, William, Iprd, of Dun- donald, Ixxiv n ; returned for Ayr and Renfrew, Ixiii and n. Cockburne, H., 104. J-, 103. (Cockharne), Patrick, 71. Commissioners appointed for Scotland, xvi, xvii and n, ii ; their instruc- tions, xviii-xxi, 149 ; their chaplains, xxiv ; arrive at Dalkeith, xxiv, 3 n ; issue declaration, xxiv and n ; peti- tioned against toleration of religion, xxvi ; petitions to, xxix ; proposi- tions of, to shires and burghs, 14 ; their orders to shires and burghs who have failed to appear, 15 ; report to parliament, xxx, 98-99 and n ; their conference with Argyll, 131 -133 and n ; order the Declaration of union to be proclaimed, 166; to return to London, 164 and 71 ; receive the thanks of parliament, 180 and ;/ ; success of, in Scotland, xxxii. Commissioners of England and Scot- land in 1670, 188 and n ; proceedings of, 195-219- for the administration of justice, salaries of, 174. Convention of royal burghs, 54 and ;;. Cook, P., 92. Cooper, colonel, 27 ; sheriff of Orkney, 164. Thomas, member of the Scottish council of state, lix Coryser, Andrew, of Fentonbarns, 33- Cosin, John, bishop of Durham, 189, 190, 195, 198, 202, 204. Council of state for Scotland, lix and ; issue proclamation anent clergy pray- ing for Charles II., Ixi and ;/ ; mem- bers of, returned to parliament, Ixii 11, Ixiii n. Court of Session, reconstruction of, xxxii, xlvii n ; 1 74- 1 76 ; salaries and fees of judges and officials, 174-176 and n. Cowan, John, 33. Craig, sir James, of Riccarton, 183 ;/. Thomas, in Tranent, 33. his de jure Feudali, 198 221. Craigie, John, deputy for Orkney and Shetland, 25, 122. Crail's assent to the union, 46. Crawford and Lindsay, earl of, iio. Crichton, James, of St. Leonards, xxxv, xliv n, 95, 184 and n. Cromwell, Oliver, xxxvi ; defeats the Scottish army at Worcester, xvii ; proclaimed lord protector, li, Ixxv and 11 ; on the military occupation of Scotland, Iviii n ; letter to, from the general assembly, 7 and n, 8 ; death of, Ixxvii. Richard, proclaimed protector in Edinburgh, Ixxvii-lxxviii and n ; dis- solution of his parliament, Ixxxix Cullen assents. to the union, 45. George, deputy of Aberdeen, xxxvi, xliv;^, xlv n, 46 and «, 55, 148. 230 THE CROMWELLIAN UNION CuUocke, Fr., i68. Culross assents to the union, 87. Cuming, Robert, 115, 116. Cunditt, Patrick, 33. Cunningham, J., 155. William, xcvi n. Cupar assents to the union, 88. Cuthbert (Cutehbert), Alex., 137. J., 137. Daler, a., 137. Dalkeith, English commissioners at, xxiv, 3 n ; deputies of the shires and burghs summoned to, 12 ; their arrival at, xxvii ; Newsletters from, 10, II, 16, 39, 85, 121. Dalrymple, James, of Stair, 189, 194, I95» 198, 200, 202, 205. Damson [PAdamson], R., 72. Daniel, colonel, sheriff of Perth, 164. Darley, Henry, xxxvii Davidson, Robert, 46, 55. Deane, major-general Richard, com- missioner for Scotland, xvii, i «, 3 «, Declaration of protection to assenting shires and burghs, 24. Declaration of the parliament . . . con- cerning- the settlement of Scotland, xxi and n, lO ; the Declaration pro- claimed in Scotland, xxv. Declaration of the Parliament of Eng- land in order to the Uniting of Scot- land into one Commonwealth with England, xxxi and n, 140 and n, 149 ; ordered to be proclaimed, 166- 167 and n. Demeston, Alexander, 71. Dempster, J., 168. Denham, John, 102. Deputies of the shires and burghs with the English commissioners at Dal- keith, II, 12, xxvii; their instructions, xxviii ; meeting of, in Edinburgh, 181, 182 and n\ disputes among, 182 ; their commissioners to parlia- ment, 183. appointed to proceed to London, xxxv-xxxvi and n ; treatment of, xxxvii and ;/-xxxix ; their status recognised, xxxix ; their conference with the committee on the union bill, xxxix-xliii ; their allowances in arrear, xliii n ; return to Scotland, xlv and n ; their proposals to parlia- ment, xlvi-xlviii and n. Desborough, colonel John, xvi. Samuell, 67, 164 ; member of the Scottish council of state, lix n ; re- turned for Edinburgh, Ivi and n, Ixiii, Ixxi, Ixxix and n ; admiralty court judge in Scotland, 86. Descent, law of, 198 and n, 221. Dewey, James, m.p. for Dorsetshire, Ixxii w. Dick, David, 17. Dickson, John, 136. Dingwall, xxviii n. Dixon, G., of Hedderweck,'^33. Dobie, John, 103. Dolebglace [?], J., 130, Dollair, Th., 137. Donald, John, 106. Donaldsone, David, 46, 55. Donooome, William, 131. Dorbes [? Forbes], E., 137. Dornoch appoints a deputy, 167 ; as- sents to the union, 177. Douglas, Dr. Alexander, of Downies, returned M.P. for Banff, Ixii and «; Ixxiv n, 43. J., 53 and n. colonel sir James, 125. Wm., 103, 104. Dowgall, John, of Nunland, 32. Downing, George, returned for Edin- burgh, Ivi and n; M.P. for Carlisle, Ixiv Ixxii and n. Doysdall, Alex., 106. Drummond, J,, 156, 157. sir J., of Rickarton, 183 and sir John, of Drip, 128. William, xxxv, xliv n, 183 n. Drury, Mr., Ixxii and Dumbarton's assent to the union, 50 ; magistrates of, refuse to take the oath of union, 154. Dumbartonshire accepts the proposed union, xxviii, 51 ; proposals of, to the commissioners, 76. Dumfries, xxviii n, 153 n. Dumfriesshire assents to the union, 30 ; proposals of, to the commissioners, 39- Dunbar assents to the union, 22. Adam, 92. Alex., of Inchbrock, 115, 116. Archibald, 93. David, 151. J., IIS, "6, 157. James 115, 116, 151. John, 92, 115, 116. Ninian, of Graingehill, 115, 116, Pat., 58 and n, 78. Robert, of Wastfeild, 115, iifc, ! 150, 151, 161, 162. INDEX 231 Dunbar, 137. Duncanes, David, 115. Duncanson, John, 106. Dundas, George, of Duddiston, 27, 34 and //. Walter, yr. of Dundas, 27, 33, 62. William, of Lawflott, 27. 24, 182 n. Dundee, xvii, 55 ; assents to the union, 46. Dunfermline, commission to deputy for, 105 ; assents to the union, 138. Charles, earl of, 188 «, 193, 201- 205. Durham, bishop of. See Cosin, John. Durie, J., 156. Dysart assents to the union, 126 ; its desires, 127. Edinburgh, A^(f«;i-/^//^rj from, i, 3, 6, 164, 180 ; meeting at, of gentry, ministers, etc., 2 and ;/ ; the royal arms destroyed by the English com- missioners, XXV and n ; election of magistrates of, 17 and «, 85 and ;/ ; opposition in, to the union, 28-29 and 11 ; assents to the union, 45, 71 ; proposals of, to the commissioners, 53 ; oath of the magistrates, 97 ; protest against the electing of magis- trates, lOi, 102 ; petition to the commissioners to appoint magis- trates, 103 ; parliament's Declara- tion proclaimed in, 167 and n ; Charles li. proclaimed in, xcvii. Edmond, John, 136. Edward, George, 104. Eisden, Thomas, 106. Eizatt, Alexander, 87. Election returns, Iv-lvii. Election for second parliament of the protectorate, Ixi ; for parliament of 1659, Ixxviii. Eleis, James, 72. Elgin's assent to the union, 73. Eliot, William, 60 and n, 61. Elphingston, Johne, lord, 33. Elybank, Brishowen, 33. English, Rob., 104. Erskine, William, 189, 194, 195, 198, 2CX3, 202-204, 206. Essex, earl of, 189, 195, 198, 199, 201, 202, 204, 205. Ewdet, Patrick, 33. Fagistoyan [?], F., 169. Falconer, David, of Glenfarquhar, XXXV, xliv M, 48 and n, 183 and «. Falconer, James, 115, 116, 151. Farquhar, B., 92. Ro., 116. William, 93. Fauconberg, viscount, 188 189. Faulconbridge, Mr., chaplain to the commissioners, xxiv. Fenwick, colonel George, English com- missioner, xvii, xxxvii ; to report to parliament, xxx, 68, 84 7i, 149. Fergusone, David, 148. John, 131. Fife (Fyff), John, 92. Fife's opposition to the union, 26 and n ; gives its assent, 89 ; proposals of, to the commissioners, 91 ; petition of, 165. Finch, sir Heneage, attorney-general, 189, 190, 195, 198-201, 205^206 210, 211, 218. Fitch, colonel Thomas, returned for Inverness, Ixii and ;z, Ixxviii and n ; sheriff of Inverness, 164. Fleming, Wm., 103, 104. Forfar, 55 ; assents to the union, 46. Forfarshire assents to the union, 47^ 84 n. Forres appoints a deputy, 92 ; assents. to the union, 166. Forrester, J., 201. Forsythe, Alex. , 92-93. Foules, Robert, 102. Eraser, sir Alexander, of Durres, 189* 194. I95> 198) 200, 203, 206. E., 137. Hen., 137. Thomas, 137. Fuller, Daniel, 135. Galloway, xxviii n. bishop of. See Hamilton (James). I General assembly, meeting of, in Edin- burgh, 5 ; dispersed by force, Iv and n ; letter from, to Cromwell, 7 and «, 8. Gewen, Thomas, m.p., challenges the right of the Scottish representatives to sit in parliament, Ixxxiii. Gibson, sir Alexander, of Durie, xxxv^ xxxviii, xliv n, Ixxxix and n, xcvi. n, 26 n, 89. 90 «, 91, 184 ; returned } for Fife and Kinross, Ixxviii, and n. > Gillespie, Edw., 103, 104. ' Patrick, 7 and ft. Gilspen, Robert, of Kirkwood, 151. Glasgow's attitude towards the pro- posed union, xxviii ; reasons for dissenting, 34-35 and n, 8$ and n ;. gives its assent to the union, 116 and THE CROMWELLIAN UNION « ; proposals of, to the commis- sioners, 1 17. Glen, Andrew, xxxvi, xliv «, xlv and n, xcvi 184. Glencairn, earl of, Iv and n, xciii. Glendining, John, of Portumney, 152. T,, of Portumney, 134. (Glandonying) William, 120. Goodwin, Robert, xxxvii n. Gordon (Gourdon), A., 168. Alex., 120, 168. Edw., 120. Gilbert, 120, 168. J., 120. Ludovick, 151. Robert, 120, 167, 168, 177, 178, 182 Roger, of Regmer, 120. William, 118, 120, 168. Graham, John, 35 and «. William, 87. Osdonnordrie [?], 169. Grant (Grand), John, of Balludweltshe [ ? Ballindalloch], 151. Gray, James, 10. Grierson, W. , 120. Guthrie, James, 7 and 16. Haddington assents to the union, 20, 23> 29, 31 J declaration of protection to, 24, earl of, xcvi n. Hairte or Heirt, Will., 103, 104. Haliburton, Alexander, xcvi n. James, 127. Patrick, 32. Hall, Andrew, 106. Hallidey, Jo., 120. Hamilton, duchess of, 4. Claudius, 27. Gabriell, 75. How., 72. sir James, of Orbiston, xxxv, 53, 183; returned for Argyll, etc., Ivi and n. James, bishop of Galloway, 189 194, 199, 202, 204, 205. 103, 104. John, 106. Ninian, 46. Robert, 104. Harrison, major-general, xxxvii. Hartfell, James, earl of, xcvi n ; re- turned for Dumfries, Ivi and «. Haslerig, sir Arthur, xxxvii. Hatton, lord. See Maitland. Hay, James, of Forrett, 26 fi. colonel James, returned for Fife and Kinross, Ivi and n. Hay, John, 73 and n. Patrick, 182 ;/. R., 131. Walter, 131. Hayes, Mr., xxxvi n. Heirt. See Hairte. Henderson, Robert, 19. Hepburne, J. S., of Alderston, 33. Patrick, of Monkrig, 33. Herries, lord, of Terreglas, 134 and «, 152. John, of Mabie, 134, 152. Robert, of Barnbaroche, 134, 152. Higgins, sir Thomas, 188 «, 190, 203, 204, 206. Hinchelwod, Hen., 75. Hobart, colonel John, xvi Hodk [? Hook], David 106. Home, Alexander, earl of, 189, 193, 195, 198-202, 204, 205. G., of Ford, 33. John, of Renton, xxxv, xliv xlv n, 19 and n, 183 and n. Homsone. See Thomson. Hooper, Hen., 104. Hope, sir James, of Hopetoun, xlv and n, xlvi. sir John, of Craighall, 174-175 and n. Wm., of Aberlady, 33. Hopper, L., of Burhowses, 32. Horne, Thomas, 106. Horsbenke [? Horsburgh], John, 136. Horsbrinke [? Horsburgh], James, 136. House of Lords prepared for the con- ference with the Scottish deputies, xxxvi and n. Houxson, James, 106. Howard, Charles, lix n. Hull, William, xxxvii «. Hume. See Home. Huntly, Lewis Gordon, third marquis of, 4 and «, 5. estates, 17 and n. Hussey, Mr., xxxvii n. Hyve, William, of Markle, 32. Imrie, James, 93. Inglis, Cornelius, 32. Ja., 32. William, 75. Inkhill, David, 120. Innes, J., 157. John, 151. sir Robert, of that ilk, 115, 1 16, 150, 151, 161, 162. Robert, 115, 116, 130. INDEX Innes, Walter, of Inidbreky [? Inch- brecky], 130. 115. Inshe, Milles, 120. Instructions for the commissioners to Scotland, xviii-xxi and n. Interest, rate of, 83 and Inverkeithing assents to the union, 93. Inverness assents to the union, 135. Inverness-shire appoints deputies, 136 ; assents to the union : proposals of, 159- Inverurie, liv Irish representatives' right of sitting in parliament questioned, Ixxxii- Ixxxviii and it. Irvine, xxviii n. Jacke, Gedion, 75. Robert, 103, 104. Jaffray, Alexander, appointed keeper of the great seal, xlvi and n. James vi., his attempt to unite the kingdoms, Ixvii n. Jameson, George, 88. Jedburgh, 55 ; assents to the union, 59 ; proposals of, to the commis- sioners, 60. Jenkins, sir Leoline, 189, 190, 195, 198-200, 202-204, 206, 210, 211. Jncolsone [PNicolsone], Jacob, 33. Johnstone, A., 6, 10. Archibald, of Warriston, Ixxv, Ixxvii, Ixxx and n, 7 and n, ll and «, 16, 24, 30. James, 31. Joicey, John, xxxiii «, xxxv, xliv n, xlv n, 184. Jurie, JameSj 92, Justice, administration of, in Scotland, 1 80- 181 and n. Justices of the peace, Ix «, 180. Keith, J., 139. Kenedie, David, 102. Kennaird, Wm., 115, 116. Kenzie, H., 137. Kerr, Alex., 34. sir Andrew, of Greenhead, Ixxix and n, 60, 61. Andrew, 8 and «, 34. David, 72. Francis, 72. William, of Newton, returned for Roxburgh, Ixiii and «. Kilrenny, assents to the union, 94. Kincardine, Alexander, earl of, 189, 194, I95> 198, 199, 202, 204, 205, 211. Kincardineshire assents to the union, 48, 84 n. Kinghorn assents to the union, 94. Kingston, Alexander, viscount, Ixxv n. Kingstoune, 32. Kintore, liv n. Kirkcaldy assents to the union, 147, Kirkcudbrightshire's attitude towards the proposed union, xxviii and n ; reasons for dissenting, 118; its as- sent, 133; assent of some gentry of, 139; assent of several heritors of. 152. Kirkewood, William, 32. Kirkpatrick, Ja., 104. Kirkwall grammar schools, 124. Knight, major, Ixxix n ; defends the right of the Scottish representatives to sit in parliament, Ixxxiii. Kynnaird of Olvvine [? Culbin], 115, 116. Lachlane, L., 169. Lambert, major-general John, 1 n, ^n, 7 25 ; to confer with the deputies on the assessment, xliv ; his report on the Scottish constituencies, lii ; his scheme approved, liv. Lanark, xxviii n, xxix 74 and n. Lanarkshire assents to the union, 56; proposals of, to the commissioners, 76 ; parliamentary deputies of, 183. Lander [? Lauder], Robert, 32. Lauchline, J., of Praginterte [?], 147. Lauder assents to the union, 18. Lauderdale, earl of, 192, 193, 195, 198, 199, 201, 202, 204-206, 213-217 ; on the representation of Scotland in the united parliament, 188 ; lord high commissioner for Scotland, 202 ; letter to, from lord Arlington, 223. Laus, John, 92. Lawsone, James, 102. Lechmere, Mr., xxxvii Legat, James, 106. William, 106. Legg, William, xxxvi n. Leighton, Robert, bishop of Dunblane, 189 «, 194. Leishman, Tho., 72. Leith, George, 168. Lentoone, William, 105. Lentrone, Patrick, 105. Lesley, An., 151. Walter, 115, 116. Will., of Ashmurray [?], 1 16. of Bukmurry [?], 115. Lewis, Will., 136. Liddell, William, 32. 234 THE CROMWELLIAN UNION Lilburne, Robert, letter from, to Lam- bert, on the proclamation of the protectorate in Edinburgh, li n. Lindsay, Andrew, of Auchenskeoche, 134/152. John, of Maynes, 134, 152. ofWauchope, 134. 152. Lineye, F., 120. Linlithgow, George, earl of, returned for Perth, Ivi. ' i burgh and sheriffdom of, assents I to the union, 27. Linlithgowshire assents to the union, , 33- Linton, lord, xxxv, xliv «, 184 and Lisle, lord commissioner, xxxvii. j Litleton, sir Thomas, 189, 190, 195, 198, 200, 202-204, 206. Loch, James, 71. Lochmaben, xxWii Lockhart, George, of Tarbrax, Ixiv and n, Ixxiv «, Ixxix and ii, 57. col. John, Ixii and w, Ixxix. sir William, of Lee, xxxv, xliv and «-xlvi, Ixxv, Ixxx and «, 57, 183 ; member of the Scottish coun- cil of state, lix n ; returned for Lan- ark, Ivi and «, Ixiii and ii ; salar}^ of, 174-175 and n. Lockyer, Nicholas, chaplain, xxiv. Loftus, Dr. Dudley, m.p. for Kildare, Ixxxiv. Logan, Gurlay, 168. J., 120. James, 75. Wm., 92. Long parliament dissolved, xliii ; re- stored, Ixxxviii, Lothian, William, earl of, 1 1 and w, 189, 193. I95> I98> 199, 202, 204, 205. Lothinnell, C, 169. Loudoun, John Campbell, earl of, meets Argyll at Inverary, 17. Lovay, B., of Arbo, 130. Lowats, Jn., 137. Lowis, Tohn, provost of Peebles, 136. Luldeli; Charles, 138. Lyan, F., 37, 55. M'Alpine, M., 155. M'Carchilpe, 131. M'Culloch, H., provost of Tain, 131. James, 131. John, 131. Wm., 120, 131. Macdowall, sir James, of Garthland, xxxv, xliv «, xlv «, Ixxvii, 38, 183; returned for Wigtown, Ivi and «, Ixiii and «, Ixxix. Macfarlane, Walter, of that ilk, his conditional assent to the union, 154. M'Gibbonn, Duncane, 169. M'Gilchrist (Migilchrist), John, 50, 70. M'Gorlasthe, William, 137. M'Intoschie, Alex., yr,, of Connedge, 137- (Mackentase), Hector, 137. Kenzie, 160. M'Kellar, Duncan, of Mam., 147. Mackenzie, Alex., 137, Collin, 130. Kenneth, 137. of CouU, 137. Tho., 130. Mackgill of Cransloune. 33. Mackin, Robert, 71. M'Lell, Thos., of Collin, 120. M'Lellane, W., of Gresbdie, 120. William, of Barscobe, 120. , 120. M'Lieller, Malcolm, of Kilblaine, 147. M'NicoU, Nicoll, of Ettrikmore, 147. Magistrates' oath, 16. Maitland, Charles, of Hatton, 189, 194, I95i 199} 200, 202, 204, 205. Manchester, Edward, earl of, lord chamberlain, 188 «, 189, 204. Manson, A., 168. Marischal, William, earl, lord pri%y seal, 189, 193, 195, 198, 199, 201, 202, 204, 205. Marjoribankes, Jo., 72. Markham, colonel Henr)', Ixxiv n ; re- turned for Linlithgow, Ixiv and n. Marsh, John, 175 and 11. Martin, colonel, xxxvii. Matthias, emperor, proposes Ferdinand as king of Bohemia, 219. Maxwell, Edward, of Barnbachel, 134, 152. George, of Munches, 134, 152. James, of Wreathes, 134, 152. John. See Herries, lord. Tho., of Corswede, 134, 152. William, of Castlegoure, 134, 152, of Kirkhouse, assent of, to the union, 151. Meghorne, J., 72, Meikeith, John, 72. Meiks, Wm., 103, 104. MeMll, A., 103. An., 104. Members of parliament (1653-1659), Scottish. See Representation. Midlothian assents to the union, 95 ; its proposals to the commissioners, 96. Migilchrist. See M'Gilchrist. INDEX 235 Mildmay, colonel Henry, moves that the Scottish members be excluded from parliament, Ixxxii. Milne, James, 46, 55. or Mill, John, xxxvi, xliv xlv 46, 184. Milner, Ja., of Gurlabank, 33. Milton, John, letter to, from Sandi- lands, 7 n. Ministers opposed to the union, 3, 6, 7 and w, 26, 28, 181 ; pray for Charles II., 61 and n ; letter from, to Crom- well on reasons for dissent, 7 and «, 8. I Mirriton [PMurton], Mr., ii. Mitchell, Robert, 103, 104. Will., 104. It. -col. William, returned for In- ; verness, Iv and « ; and for Aberdeen, Ixii and Monck, general, lix «, Ixxv, 25 ; pre- sent at the proclamation of the union in Edinburgh, li ; leaves for England, xciii-xcv, 24, in Stirling, 79 and Ji. Monro of Fremtene, 130. George, of Newtowne, 138, 157. John, 131. Robert, of Foulis, 129, 145, 157. Montgomerie, Alex., 92. Montrose, xvii, 55 ; assents to the union, 46. Moray (Murray), earl of, M.p. for Elgin and Nairn, Ixiii «. sir Alex., of Blackbarony, 100 «. sir Archibald, of Blackbarony, Ixxix and 7z, 189, 194, 200, 202, 204, 206. J., 168. James, 168. sir Patrick, 189 «, 194, 195, 204, 206. sir Robert, 189, 194, 195, 198- 200, 202-204, 211. Robert, xcvi «, 72. • Walter, 168. 156. Morayshire's attitude towards the pro- posed union, xxviii ; appoints de- puties, 115, 150; objections by, 112 ; assents, 161 ; proposals by, to the commissioners, 162. Moseley, Edward, 175 and «, Mount, David, 75. William, 75. Mudie, James, 106. Municipal elections in Scotland, liii, Ix and «, 55 and n. See also Burghs. Municipal government, restoration of, xxxii, 63. oath of office, 64 and n. Munro. See Monro. Murdoch, Patrick, 140, 153. Murray. See Moray. Myer, William, 92. Nairn, xxviii 7i. Nairne, Alex., 11 1. Nairnshire assents to the union, 57, 84 n ; proposals of, to the commis- sioners, 77. Nasmyth, John, 75. Neartile, James, 71. Xeckithow, Andrew, 106. Neilson, Walter, 35 n, 117, 118. Nesbit, sir John, of Dirleton, lord advocate, 189, 194, 198, 199, 202, 204, 205, 211. Nevis, J., of Garstinih, 120. Newbyth, lord. See Baird, sir John. William, 200. Newsletter, 84, 179, 18 r, 182. Newsletter from Edinburgh, i, 3, 28, 164, 180. Newsletter from Dalkeith, 10, li, 16, 17, 23, 26, 29, 39, 85, 121. Nithisdaill, R., 140. North Berwick assents to the unicn, 21. Oath of office, 16, 64 and «, 178 and n, 179. Odny. See Udny. Ogilvy, sir Walter, of Boyne, 43. Okey, colonel John, returned for Lin- lithgow, etc., Ivi and n. Orkney and Shetland, commission to deputies for, 25 ; send deputies to Dalkeith, 121 ; assent to the union, 122; their proposals, 123. Ormonde, duke of, lord steward of the household, 188 «, 189, 202, 204. Osborne, sir Thomas, 189, 190, 195, 198, 200, 204, 205. Osburne, William, 140. Ouchterlony, David, 55. Overton, colonel, 27 ; sheriff of Fife, 164. Owen, Andrew, 175 71. Oxburgh, Laurence, returned for For- far, etc., Ixxx and Pait, Tho., 103. Palgrave, ^L, 55. Parliament nominates commissioners for Scotland, xvii and n ; its Declara- 236 THE CROMWELLIAN UNION tion concerning the seltleme^tt of Scot- land, xxi and n ; instructions to commissioners, 149 and n ; Declara- tion of, in . . . orde}' to the uniting of Scotland -cvith England, xxxi, 1 40, 149 ; representatives in the new parliament, xlv. Passone, John, 136. Paterson, John, xcvi n, 46, 92. Pat., 93. Patoun, John, 75. Patteson, Tho., 72. Pcay [? Percy], W. B., 151. Peebles appoints a deputy, 135 ; assents to the union, 144 ; proposals of, to the commissioners, 148. Peeblesshire assents to the union, 100 ; proposals of, 100. Peirsonne, Jo., 71. Pellrig, Robert, 103. Pembroke, earl of, xxxvii n. Persye, David, 75. Perth, xvi, 55 ; assents to the union, 46. Perthshire's assent and desires, 127. Phelps, John, xxxviii n, 121. Phipps, John, xxiv Pickering, sir Gilbert, xlvi. Pittenweem's assent to the union, 72. Pollock, James, 35 «, 1 17, 1 18. Pooley, sir Edmund, 188 n, 190, 195, 198, 203, 204, 206. Potter, colonel Vincent, xvi. (Pottir), John, 106. Powell, John, 120. Price, Jo., ii. Primrose, sir Archibald, lord register, 189, 194, 195, 198, 199, 202, 204, 205. Pringill, George, of Newhall, 107. Robert, 33. Proclamation ceremonies, xxxiii and 11 ; proclamation in Edinburgh of the union, li. Protectorate proclaimed, xlviii-li. Pundervile [? Somervile], David, 136. Purves, Andrew, 106. [Pairves], Archibald, 32. Robert, 33. Thomas, 22. Pute, Tho., 104. QuEENSFERRY asscnts to the union, 27 ; petition of, to the commissioners, 62. Quhitlaw. See Whitelaw. Qukythin [?], William, 120. Raithe, E., 136. Raleigh, Mr., xxxvii n. Ramsay, sir Andrew, of Abbotshall, provost of Edinburgh, Ixiii and 11 Ixxiv n, 189 n, 194, 195, 204, 206. Andrew, 71. sir Gilbert, of Balmain, 48 and Thomas, of Sansyd, 33. Read, colonel Thomas, Ivi, 79 and n ; sheriff of Stirling, 164. Reid, James, provost of Dunfermline, 106. Renfrew, xxviii «, xxix n. Representation of Scotland, xli and n, xlii and n, xlv and n, xlviii, lii- Ivii, Ixii, Ixxv and n, Ixxvii and «, Ixxx, xcvii and n, 188, 206 and n ; their presence in parliament chal- lenged, Ixxxi-lxxxviii and n. Rhodes, sir Edward, member of the Scottish council of state, lix 71 ; re- turned for Perth, Ixii and n, Ixxviii. Godfrey, Ixxiv n ; returned for Linlithgow, etc., Ixii and «. Richardson, James, 106. Robert, 21. Rinns, J., 137. Robertson, James, 94. Rochead, James, 72. RossofPitcalnie, 130. Daniell, 131. David, 130, 146. or Rose, J., 137. James, 115, 116, 151. John, 58, 78, 130, 131. L., 131. Robert, 1 31. Tho., 116. — W., 131. in Achinwilling, 147, 169. Ross-shire appoints a deputy, 129 ; assents to the union, 145. Rothes, John, earl of, lord chancellor, 189, 193, 195, 198-202, 204, 205. Rothesay's assent to the union, 50. _ Roxburghshire's assent to the union, 59 ; proposals of, 60. Rutherfurd, Edward, 106. Robert, 55, 60, 61. Samuel, principal of St. Mary's college, St. Andrews, 10. Rutherglen's assent to the union, 58. Ruthven (Ruthavene), George, deputy for Orkney and Shetland, 25. Rutter, James, 124. St. Andrews, xvii, 16, 55, 104; assents to the union, 109 ; petition of, 109-111. LNDEX 237 St. John, Oliver, xvii, xxxii, xxxvii, I 25, 149. . . . i Salaries of commissioners for admini- | stration of justice in Scotland, 174- j 175 and 176. 1 Sallaway, Robert, 25. j Salmon, colonel Edward, M.P. for Scar- borough, Ixiii n, Ixiv 11. Salt, duty on, Ixx and «, Ixxiv. i Saltonstall, Richard, judge of admiralty court in Scotland, xvi, 67, 86, j 164. Salway, major Richard, commissioner for Scotland, xvii, xxxii, xxxvii, 149. Samingtoune, B., 33. Sander, Alex., 136. Sandilands, Andrew, letter from, to John Milton, on the general assem- , bly's opposition to the union, 7 n. \ Robert, 32. j Sanquhar, xxviii 1 Say, Mr., xxxvii n. Scott, Andrew, 59. Patrick, of Ardett, 107. 156, 157. Thomas, M.P. for Wycombe, chal- lenges the right of Scottish members to sit in parliament, Ixxxi. xxxvii. major, 79. Scrope, colonel Adrian, member of the Scottish council of state, lix n ; re- turned for Linlithgow, Ixxviii and n. Seatoun, David, 49. sir George, of Hailles, 20, 32. George, 156, 157. John, of Barn, 33. Robert, 33. Selbringe, Robt., 104. Selkirkshire and burgh assents to the union, with proposals, 107. Sernnay, P. W., 140. Serrie, J. S., of Reachlin, 32. Sharp, James, archbishop of St. An- drews, 188 «, 193. Sheldon, Gilbert, archbishop of Can- terbury, 188, 195, 198, 202, 204, 205. Sheriffs' charter, 65 ; oath of office, 67 ; appointed for Scotland, 164. Shetland. See Orkney and Shetland. Shires, representation of, in Scotland, lii, Iv, Ixii ; deputies of, ii, 12, 14; order to shires failing to appear, 15 ; number of assenting shires, 84 and 85, 121, 140; proposals of several deputies, 155, 156 ; representatives of, in the parliament of 1659, Ixxviii ; conferences of representatives with Monck, xciv and n. Shives, Thomas, 137. Sidney, colonel, xxxvii. Simpson (Seympson), J., 75. Simson, Robert, 103, 104. Simstin, James, 106. Sinclair, B., 156, 157. David, 138. H., 138. J., 138, 156, 157. sir John, of Hermistone, 20, 32. John,of Tannachy, XXXV, 157,184. xliv ;z, 138. N.,138. sir Robert, of Longformacus, 189, 194, 195, 198, 200, 203, 204, 206. Wm., 138. Smallatt, John, 50. Smart, William, 106. Smith, George, 175 and n ; returned for Midlothian, Ivi and n ; returned for Dumfries, Ixiii and n. Tames, 33. Smyland, J., 168. Somervell, Gilbert, 72. Sorbeir, Jo., 137. Spens, James, 115, 116, 151. Spreule, John, 35 and Stair, earl of. See Dalrymple, James. Stapley, colonel, xxxvii. Stayne, John, 151. Dr. William, returned for Dum- barton, etc., Ixxix and n. Sterre, Cerstet[?], 140. Stevinson, Robert, 106. Stewart, David, 106, 115, 116. sir James, xciv, 7 7/, 16 and n ; opposes the election of Edinburgh magistrates, 17, loi and n. P., 55> 1^9- Patrick, 46. colonel Robert, returned for Orkney, etc., Ixiii. j Robert, 120. [ W. David, 151. , Stirling, xvi; surrender* of the castle, \ n\ presbytery of, 16; assents to the union, 62 ; proposals of, 78. sir Archibald, xcvi , G., 156, 157. j sir George, of Keir, xxxv, xliv «, 80, 83, 183 and sir Mungo, 80, 83. Stirlingshire, deputies of, protest against toleration, xxvi ; assents to the union, 80; proposals of, 81; declaration of commissioners to, 83. 238 THE CROMWELLIAN UNION Stoddart, John, 136. Storey, Tho., 72. Strickland, Mr., xxxvii 11, xliv. Sturgeon, John, ofTorrory, 134, 152. Swilond, W., 130. Swinton, sir Alexander, of Swinton, 19- John, of Swinton, xxxv, xliv xlv and 11, xlvi, Ixxxix and it, 183 ; a member of the Scottish council of state, lix «, Ix n ; returned for Berwick, Ivi and Ixiii, Ixxix ; salary of, 174-175 and n. Sword, James, provost of St. Andrews, xxxvi, xliv 71, xlv «, Ivii and 55, 104, 109, 184. Suda, 224. Sury, W., 131. Sutherland, J., 168. Sutherlandshire appoincs a deputy, 168 ; assents to the union, 178. Suttie, George, 71. Sydenham, colonel William, Ixxii and Jt. Sydserff, Thomas, 172 ti. Syler, colonel, 164. Tain, appoints a deputy, 130; assents to the union, 146. Taite, John, 103, 104. Talbot, colonel Thomas, returned for Dumfries, etc., Ixiv and n. Talket, R., 10. Taxation without consent of parlia- ment, Ixviii and n, Ixxiii. Temple, sir Richard, 190, 195, 198, 200, 203, 204. Tennant, Alex., 75. Thomson, Adam, 71. James, governor of Dumbarton, letter from, to the commissioners, 154. John, returned for Selkirk and Peebles, Ivi and n ; returned for Edinburgh, Ixxix and n. Patrick, 71. Robert, 136, 144, 148. Tho., 104. [ Homesone], Wm. , 32, 46, 55, 85 ; returned for Peebles, Ivii and n. Thornton, Chailes, 46, 55. Thumte, Tho., 151. Thurso, xxviii n, xxix n. Tichborne, Robert, commissioner for Scotland, xvii, xxxii, 25, 149. Tod, Archibald, provost of Edinburgh, li, 121 ; petitions for election of magistrates, 17 n. Toleration, xci-xcii. Tolhurst, major Jeremiah, returned for Dumfries, etc., Ivii and n, Ixxx. Townsend, Horatio, lord, 188 n, 190, 198, 199, 202, 204, 205. Tracy, M., 168. Traill (Trayle), Roberi, 10 and Trevor, sir John, 189, 190, 195, 198, 200, 203, 205. Tulloch, Thomas, 93, 151. Turnbull, Archibald, 32. Geo., 103. Thomas, of Skedbus, 33. Tutleer, Tho., 115, 116. Tweeddale, John, earl of, Ixxiv n, 189 n, 194, 202, 204, 205 ; returned for East Lothian, Ixiii, Ixxix. Tychborne. See Tichborne. Udny (Odny), John, of Udny, 41. Union, the, Scotland's attitude towards, xxviii ; objections to, xxix ; general assembly's opposition to, 5-6 and 7 and w; preparations for the con- ference on, xxxvii ; conference on union bill between the Scottish deputies and the committee, xxxix- xliii ; the deputies' proposals, xlvi- xlviii ; the union proclaimed, xlviii ; left incomplete by the Barebones parliament, xlix ; the union ac- complished, xlix ; proclaimed in Edinburgh, li ; debate on, in the parliament of 1656, Ixvi and ;/-lxxiv ; parliament's declaration of union, 140 and n ; debate resumed in Richard Cromwell's parliament, Ixxx ; on the restoration of the long parliament, the union to be treated de novo, Ixxxix ; progress of the bill, xci and n ; its fate, xciii, 187, 188. Universities, commissioners appointed for, xxxii. Urquhart, Alex., 151. Vane, sir Harry, jun., xvii, xxx and n, xxxvii, 25,68, 84 n, 149; opposes the Irish and Scottish representatives sitting in parliament, Ixxxiii, Ixxxv, Ixxxvi. sir Henry, senior, xxxvii n. Vase, Ft., 137. Veitch, Jo., 156, 157. Vincent, John, returned for Peebles, etc., Ixiv and Waddell, Thomas, 33. Wagahaire [?], John, 115, Ii6. Walker, J., 106. John, 201, 209. INDEX 239 Wallace, Daniel, xxxvi, 184. Waller, Thomas, returned for Linlith- gow, etc., Ixxix and n. Wallester, W., of Lorp, 169. Ward, Richard, xxxvi Warrand, Thomas, 92, 166. Warrant for establishing a court of [ admiralty, 67. [ Warriston, lord. 6"^^ Johnstone, Archi- bald, j Watsone, James, clerk of St. Andrews, 105. Jo., 115. Robert, 105. Will., 116. Wauchope, sir John, of Niddrie, 95. Weaver, Robert, protests against the Scottish representatives being allowed to sit in parliament, Ixxxii. Wedderburn, sir Alexander, of Black- ness, xxxvi, xliv n, xlv n, Ixxiv n, 184 ; returned for Forfar, Ivi and n, Ixiv. Wemyss, David, earl of, Ixxv n. sir John, of Bogie, Ixxiv n ; re- turned for Fife and Kinross, Ixii and n. Wermtoshire [?], 137. Westrow, Mr., xxxvii «. Whalley, Henry, judge - advocate, Ixxix n, 67, 86, 97 ; returned for Selkirk, Ixiii and n ; to proclaim the declaration of union, 167 and n. Wheeler, captain, admiral of the fleet, sir William, Ixxxiii and w. Whetham, colonel Nathaniel, mem- ber of the Scottish council of state, lix n ; returned for St. Andrews, Ixiv and «, Ixxix. Whitelaw (Quhitlaw), Patrick, of that ilk, 33. Richard, 33. Whitelock, Bulstrode, xx, xxxvii, xxxix, xli. Whithorn, xxviii n. Widdrington, William, lord, 188 «, 190, 201, 202, 204, 205. Wigtown, 55 ; assents to the union, xxviii, 36, 37. Wilbie, Jo., 120. Wilkersone, 104. Wilkes, W., 72. Wilkeson, R., 103. Wilkie, John, of Bromhouse, returned for Lanark, etc., Ivii and n. Wilkins, John, bishop of Chester, 189, I90> 1 95 J 198, 199, 201, 202, 204, 205. Williamson, A., 136. James, 136. Thomas, 136. Winchester, John, 92. Winthrop, Stephen, returned for Banff, etc., Ixiv and n. Wishart (Wischurt), Jo., 105. Witch, J. B., 100. Wolseley, Robert, returned for Dor- noch, etc., Ixiii and n, Ixxiv n. Wood, A., 32. George, 32. fames, 105. W., 130. Worcester, battle of, xvii. Wright, John, 106. William, 45. Writers to the signet take oath of allegiance to the commonwealth, 175 n. Yemoun, Robert, 33. Yonger, Robert, 87. York, James, duke of, 187, 210 n. Younge, Duncan, 106. ZouDiNG, George, 106. Printed by T. and A. Constable, (late) Printers to Her Majesty at the Edinburgh University Press ^cottififl) ^istoxv ^ocietp. THE EXECUTIVE. President. The Earl of Rosebery, K.G., K.T., LL.D. Chairman of Council. David Masson, LL.D., Historiographer Royal for Scotland. Council. Charles J. Guthrie, K.C. John A. Traill, LL.B., W.S. J. Maitland Thomson, Advocate, Keeper of the Historical Department, H.M, Register House. Rev. Alexander D. Murdoch. Richard Lodge, Professor of History in the University of Edinburgh. Sir Arthur Mitchell, K.C.B., M.D., LL.D. ^neas J. G. Mackay, K.C, LL.D. John Scott, C.B. Sir James Balfour Paul, Lyon King of Arms. P. Hume Brown, M.A., LL.D., Professor of Ancient History and Palaeography in the University of Edinburgh. D. Hay Fleming, LL.D. Right Rev. John Dowden, D.D., Bishop of Edinburgh. Corresponding Members of the Council. C. H. Firth, Oxford ; Samuel Ravi^son Gardiner, D.C.L.,LL.D. ; Rev. W. D. Macray, Oxford ; G. W. Prothero, Litt. D., LL.D. ; C. Sanford Terry, Aberdeen. Hon. Treasurer. J. T. Clark, Keeper of the Advocates' Library. Hon. Secretary. T. G. Law, LL.D., Librarian, Signet Librai-y. RULES 1. The object of the Society is the discovery and printing, under selected editorsliip, of unpublished documents illus- trative of the civil, religious, and social history of Scotland. 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