76. The Engagement between the King and the Scots.
[December 26, 1647. Clarendon MSS. 3685, 2686. See Great Civil War, iv. 39.]
Charles R.
His Majesty giving belief to the professions of those who have entered into the League and Covenant, and that their intentions are real for preservation of His Majesty's person and authority according to their allegiance, and no ways to diminish his just power and greatness, His Majesty, so soon as he can with freedom, honour and safety be present in a free Parliament, is content to confirm the said League and Covenant by Act of Parliament in both kingdoms, for security of all who have taken or shall take the said Covenant, provided that none who is unwilling shall be constrained to take it. His Majesty will likewise confirm by Act of Parliament in England, Presbyterial government, the directory for worship, and Assembly of Divines at Westminster for three years, so that
His Majesty and his household be not hindered from using that form of Divine Service he hath formerly practised; and that a free debate and consultation be had with the Divines at Westminster, twenty of His Majesty's nomination being added unto them, and with such as shall be sent from the Church of Scotland, whereby it may be determined by His Majesty and the two Houses how the Church government, after the said three years, shall be fully established as is most agreeable to the Word of God: that an effectual course shall be taken by Act of Parliament, and all other ways needful or expedient, for suppressing the opinions and practices of Anti-Trinitarians, Anabaptists, Antinomians, Arminians, Familists, Brownists, Separatists, Independents, Libertines, and Seekers, and generally for suppressing all blasphemy, heresy, schism, and all such scandalous doctrines and practices as are contrary to the light of nature, or to the known principles of Christianity, whether concerning faith, worship or conversation, or to the power of Godliness, or which may be destructive to order and government, or to the peace of the Church and kingdom; that in the next Session of Parliament after that the kingdom of Scotland shall declare for His Majesty in pursuance of this Agreement, he shall in person or by commission confirm the League and Covenant according to the first Article. Concerning the Acts passed in the last triennial Parliament of his kingdom of Scotland, and the Committees appointed by the same, His Majesty is content then also to give assurance by Act of Parliament that neither he nor his successors shall quarrel, call in question, or command the contrary of any of them, nor question any for giving obedience to the same; and whereas after the return of the Scottish army to Scotland, the Houses of Parliament of England did resolve and appoint the army under command of Sir Thomas Fairfax to disband, and they having entered into an engagement to the contrary, His Majesty was carried away from Holdenby against his will by a party of the said army, and detained in their power until he was forced to fly from amongst them to the Isle of Wight; and since that time His Majesty and the Commissioners of the kingdom of Scotland have earnestly pressed that His Majesty might come to London in safety, honour and freedom for a personal treaty with the two Houses and the Commissioners of the Parliament of Scotland, which hath not been granted: and whereas the said army hath in a violent manner forced away divers members of both Houses from the discharge of their trust, and possessed themselves of the City of London and all the strengths and garrisons of the kingdom, and, through the power and influence of the said army and their adherents, Propositions and Bills have been sent to His Majesty without the advice and consent of the kingdom of Scotland, contrary to the Treaty between the kingdoms, which are destructive to religion, His Majesty's just lights, the privileges of Parliament, and liberty of the subject, from which Propositions and Bills the said Scots Commissioners have dissented in the name of the kingdom of Scotland; and, forasmuch as His Majesty is willing to give satisfaction concerning the settling of religion and other matter in difference, as is expressed in this Agreement, the kingdom of Scotland doth oblige and engage themselves first in a peaceable way and manner to endeavour that His Majesty may come to London in safety, honour and freedom for a personal treaty with the Houses of Parliament and the Commissioners of Scotland upon such Propositions as shall be mutually agreed on between the kingdoms, and such Propositions as His Majesty shall think fit to make; and that for this end all armies may be disbanded, and in case this shall not be granted, that Declarations shall be emitted by the kingdom of Scotland in pursuance of this Agreement, against the unjust proceedings of the two Houses of Parliament towards His Majesty and the kingdom of Scotland, wherein they shall assert the right which belongs to the Crown in the power of the militia, the Great Seal, bestowing of honours and offices of trust, choice of Privy Councillors, the light of the King's negative voice in Parliament; and that the Queen's Majesty, the Prince, and the rest of the royal issue, ought to remain where His Majesty shall think fit, in either of the kingdoms, with safety, honour and freedom; and upon the issuing of the said Declarations, that an army shall be sent from Scotland into England, for preservation and establishment of religion, for defence of His Majesty's person and authority, and restoring him to his govern ment, to the just rights of the Crown and his full revenues, for defence of the privileges of Parliament and liberties of the subject, for making a firm union between the kingdoms, under His Majesty and his posterity, and settling a lasting peace; in pursuance whereof the kingdom of Scotland will endeavour that there may be a free and full Parliament in England, and that His Majesty may be with them in honour, safety and freedom, and that a speedy period be set to this present Parliament, and that the said army shall be upon the march before the said peaceable message and Declaration be delivered to the House; and it is further agreed that all such in the kingdoms of England or Ireland, as shall join with the kingdom of Scotland in pursuance of this Agreement, shall be protected by His Majesty in their persons and estates; and that all such His Majesty's subjects of England and Ireland as shall join with him in pursuance of this Agreement may come to the Scotch army and join with them, or else put themselves into other bodies in England and Wales for prosecution of the same ends as the King's Majesty shall judge most convenient, and under such Commanders or Generals of the English nation as His Majesty shall think fit, and that all such shall be protected by the kingdom of Scotland and their army in their persons and estates, and where any injury or wrong is done to them therein, that they shall be careful to see them fully repaired so far as is in their power to do, and likewise, where any injury or wrong is done to those that join with the kingdom of Scotland, His Majesty shall be careful for their full reparation; that His Majesty or any by his authority or knowledge shall not make nor admit of any cessation, pacification, nor agreement for peace whatsoever, nor of any Treaty, Propositions, Bills, or any other ways for that end, with the Houses of Parliament or any army or party in England and Ireland, without the advice and consent of the kingdom of Scotland; nor any having their authority shall either make or admit of any of these any manner of way with any whatsoever without His Majesty's advice and consent; that, upon the settling of a peace, there be an Act of Oblivion to be agreed on by His Majesty and both his Parliaments of both kingdoms; that His Majesty, the Prince, or both shall come into Scotland upon the invitation of that kingdom and their declaration that they shall be in safety, freedom and honour, when possibly they can come with safety and conveniency; and that His Majesty shall contribute his utmost endeavours both at home and abroad for assisting the kingdom of Scotland in carrying on this war by sea and land, and for their supply by monies, arms, ammunition, and all other things requisite, as also for guarding the coasts of Scotland with ships, and protecting all Scottish merchants in the free exercise of trade and commerce with other nations; and His Majesty is very willing and doth authorise the Scots army to possess themselves of Berwick, Carlisle, Newcastle-upon-Tyne, Tynemouth, and Hartlepool, for to be places of retreat and magazine, and, when the peace of the kingdom is settled, the kingdom of Scotland shall remove their forces, and deliver back again the said towns and castles; that, according to the large Treaty, payment may be made of the remainder of the Brotherly Assistance which yet rests unpaid; and likewise of the £200,000 due upon the late Treaty made with the Houses of Parliament for the return of the Scots army, as also that payment shall be made to the kingdom of Scotland for the charge and expense of their army in this future war, together with due recompense for the losses which they shall sustain therein: that due satisfaction, according to the Treaty on that behalf between the kingdoms, shall be made to the Scottish army in Ireland, out of the land of that kingdom or otherwise; that His Majesty, according to the intention of his father, shall endeavour a complete union of the kingdoms, so as they may be one under His Majesty and his posterity; and, if that cannot be speedily effected, that all liberties, privileges, concerning commerce, traffic, and manufactories peculiar to the subjects of either nation, shall be common to the subjects of both kingdoms without distinction; and that there be a communication of mutual capacity of all other privileges of the subject in the two kingdoms; that a competent number of ships shall be yearly assigned and appointed out of His Majesty's navy, which shall attend the coast of Scotland for a guard and freedom of trade to his subjects of that nation; that His Majesty doth declare that his successors as well as himself are obliged to the performances of the Articles and conditions of this Agreement; that His Majesty shall not be obliged to the performance of the aforesaid Articles until the kingdom of Scotland shall declare for him in pursuance of this Agreement, and that the whole Articles and conditions aforesaid shall be finished, perfected and performed before the return of the Scots army; and that when they return into Scotland at the same time, simul et semel, all arms be disbanded in England.
Carisbrook, the 26th of December.
Charles Rex.
We do declare and oblige ourselves in verbo principis, that the kingdom of Scotland engaging to perform the written Articles, we shall perform our part therein as is above expressed in the said Articles.
At Carisbrook Castle, the 26th of December.
Charles R. [his little
seal.][1]
We, whose names are underwritten, do hereby engage ourselves upon our honour, faith and conscience, and all that is dearest to honest men, to endeavour to the utmost of our powers that the kingdom of Scotland shall engage to perform the within written conditions in so far as relates to them, His Majesty engaging to perform his part of the aforesaid Articles; and we are most confident that the kingdom of Scotland will do the same; and we are most willing, upon the perfecting of the said Agreement, to hazard our lives and fortunes in pursuance thereof. By the clause of confirming Presbyterian government by Act of Parliament, His Majesty hath declared to us that he is neither obliged to desire the settling of Presbyterian government, nor to present a Bill for that effect; and we likewise understand that no person whatsoever suffer in his estate or corporal punishment for not submitting to Presbyterian government, His Majesty understanding that this shall not extend to those that are mentioned in the clause against toleration.
This was declared in the presence of Lord Loudoun, Lord Lauderdale, Lord Lanerick, and the King took them as witnesses and not assentors, December 27.
Loudoun, Lauderdale, Lanerick.
[1] The words in brackets are evidently the work of the copyist. What follows is taken from No. 2685, in Clarendon's hand.