ALL THE TRANSACTIONS BETWEEN The Noblemen and Gentlemen Now in Arms for the COVENANT, AND The Officers and Soldiers now in Arms by Authority of the Parliament of the Kingdom of SCOTLAND. Together With Several ORDERS made by the Committee of Estates in that Kingdom, against all that have acted in the late unlawful ENGAGEMENT against the Kingdom of ENGLAND. SIgned by Command of the Commissioners for the Treaty, Mr. THO: HENDERSON. Edinburgh, Printed by Evan Tyler, Printer to the Kings most Excellent Majesty: And Reprinted at London by John Field, Octob. 17. 1648. Articles concluded upon by the Officers and Soldiers, now in Arms by Authority of the Parliament of the Kingdom of Scotland. WE being servants to the State, and unwilling to engage in a Civil War, do conceive ourselves obliged to remit the ways of prosecuting of all duties to Religion, and to our King, to the determination of Church and State; And let them move in it, as they will be answerable to God: Our lives shall ever be ready to be exposed to all hazards for the good of both, and if all duties for them, and for our friends release in England shall now be deserted, let the blame before God and men lie upon the obstructors of it: And if no further use be made of our service, We do Demand, I. That security be given to all who are or have been engaged in this Service for their Persons, Honours and Estates, whereby they may be free from all dangers, prejudices and censures whatsoever, whether Ecclesiastical or Civil, for their Accession to the late Engagement, or any thing done by them relating thereunto, or to this service for our own defence: And this to be confirmed by Parliament, or the lawful Authority of the Kingdom. II. That in regard of our extraordinary charges and loss, one Months pay be instantly delivered unto us, for payment of the Irish Forces, and that Boats and Ships presently he provided for their transportation into Ireland: And for preventing all disorders upon their march through the West Country by Free quartering, We do desire that a regular course may be taken for their entertainment during their abode there, which shall be no longer than wind and weather shall serve, and Boats be provided to Transport them. III. That one Month's means be provided for the Scottish Forces, and that they be not disbanded, until the Irish Forces be Transported; and that sufficient pledges be delivered for performance of what is desired. And that our Disbanding and Transportation be done by Authority of the Committee of Estates. These reasonable demands being performed, We the Irish are ready instantly to march towards any part of the West coast which shall be thought most fit for our Transportation into Ireland, and we of the Scottish, instantly to Disband: Otherwise, rather than expose our Lives and Fortunes to the mercy of any, by the want of fitting assurances for what is past, or the loss of our Honours by deserting the Interest of those commanded by, or joined with us, We are resolved to sacrifice ourselves at the dearest rates we can; And take God to witness how free we are of the guilt and consequences that may follow thereupon. Stirling 18. Septemb. 1648. Signed by Warrant and Command of the Officers now in Arms by the Authority of Parliament, JO: SPALDGUGE. We have appointed our Commissioners to stay no longer than six a clock at night, to morrow the 19 and that the Treaty shall then end; and that the Cessation shall expire eight hours thereafter, unless the desires before mentioned be fully granted. The Answer of the Noblemen and Gentlemen now in Arms for the Covenant, to the Articles of the Officers and Soldiers that joined in the late unlawful Engagement against England, and now continue in Arms to disturb the Peace of this Kingdom. WE have considered the Desires of the Officers and Soldiers at Sterling, and do return this Answer, That the Imputation of neglecting duties to Religion and to the King, mentioned in the Preface to the Articles, cannot be charged on us, who have never been wanting in the use of all lawful means, to prosecute the ends of our solemn League and Covenant: But upon those who joined in prosecution of the late unlawful Engagement against our Neighbour Nation of England, which hath been destructive to all these ends. Touching the first Article, we refer you to the Answer given in our former Papers, and do here again declare, That we shall not challenge, nor incite any other to challenge any of your number for their lives and Estates, but shall endeavour to secure them so far as we can without approbation of their Actions, or the breach of Covenant and Treaties. As for that which concerns exemption from Church censures, we cannot meddle therein without breach of Covenant, but must refer you to the Judicatories of the Kirk, to whom you may make your own address, and receive their Answer. Concerning the second and third Articles, we refer you to the Answer given by our Commissioners, to the Commissioners on your side; which was, That we held it unreasonable that they should desire any thing from us, or any other who adhere to us, for satisfaction of their Officers and Soldiers, because we will not involve ourselves in any thing which may import an accession to the late Engagement, or may be the ground of a quarrel to England against this Kingdom; But if they had real Inclinations to Peace, they and their Adherents might, without our accession thereunto, take course amongst themselves for giving satisfaction to their Officers and Soldiers, and therefore did desire (and do now again renew the same) that all their Forces, and the Forces of these who adhere unto them, may be disbanded betwixt and the twenty fifth, or at furthest the twenty eight day of this month of September, and that none of them be found together after that time in Troops, Companies or Regiments; and we shall betwixt and the said day, disband all our Forces, and none of them after that time shall be found in Troops, Companies or Regiments; for the punctual performance whereof on both sides, mutual pledges are to be given: And further we cannot say in Answer to these Articles. If you shall not agree to the Desires made in our last Papers of the 16 of this Instant, and not rest satisfied with these Answers, but shall continue in Arms to the disturbance of the Peace of this Kingdom, and persist in the courses in which you are now engaged, contrary to the Declarations of the General Assembly and their Commissioners: We do hereby certify unto you, that all who have been active in the late Engagement, as well those in England, as those in this Kingdom, and all such as have, or shall hereafter join with you, are to be declared Enemies to both Kingdoms, and that this Kingdom will be necessitated to concur with the Kingdom of England for punishing them accordingly as breakers of the Covenant and Treaties; and we leave it to you seriously to consider, whither the ways and courses you are upon, be really for the good of the King and this Kingdom, or a safe way for the relief of your friends that are prisoners in England. We do declare, that unless the Desires contained in our Papers of the 16 of this Instant, and in this Paper be clearly and positively agreed unto, and we advertised thereof, before Friday the 22 of this instant, at twelve of the Clock in the day, that then the Treaty shall end, and that the cessation from Acts of Hostility and marching of. Forces shall expire eight hours thereafter. September 20. 1648. Subscribed by command of the Noblemen and Gentlemen now in Arms for the Covenant. Mr. THO. HENDERSON. The last Offers of the Noblemen and Gentlemen now in Arms for the Covenant, To the Earls of Crawford, Glencairn and Lancrick, George, Monro, and others joined with them in the late unlawful Engagement against the Kingdom of England. WE have seriously considered the sad and deplorable condition to which this Kingdom is now brought, by your proceed and actions in pursuance of the late Engagement against our neighbour Nation of England, with whom we are joined in Covenant, and the fearful desolation that is likely further to come upon it, by the return of a part of that Army which invaded England; And after several Debates and Conferences with your Lordships, these several days by past, both by word and writing, We do find the state of the difference betwixt your Lordships and us to be this: That which hinders agreement upon our part, is the point of Conscience, forbidding us to do any thing which may infer an accession to the late Engagement, the desire we have to keep the Covenant and Treaties, and not break the Union betwixt the Kingdoms, and to avoid a quarrel with England, which may destroy this Kingdom, and entail a War upon us and our posterity, and to prevent the exposing of the Cause and Kingdom to the same dangers under which they now lie, from which grounds we cannot part; Whereas the Articles on your part, which hinder agreement, are such from which your Lordships may easily recede. We have very much endeavoured in our last Paper to give your Lordships all just and reasonable satisfaction; yet that it may further appear how desirous we are to prevent an Intestine War, and to have the Peace of the Kingdom settled, we offer unto your Lordships these Articles following to be agreed on. I. That for easing the burdens of the Kingdom, and to prevent famine and desolation, all forceson both sides, whither in the field, or in the Garrisons of Berwick and Carlisle, or the Garrisons within the Kingdom, be disbanded betwixt the 25 day of this instant month of Sep. II. That the securing and settling of Religion at home, and the promoting the work of Reformation abroad in England and Ireland, be referred to the determination of the general Assembly or their Commissioners, & that all Civil questions & differences whatsoever, be referred to the determination of a Parliament to be speedily called. III. To prevent the imminent dangers to Religion, and a quarrel with our neighbour Nation in the mean time, until the meeting of a Parliament (which cannot be done without a Treaty betwixt the Kingdoms) That all of your number who have been employed in public place or trust, shall forbear the exercise thereof, and not come to the Committee of Estates, to the end there may be a Committee of Estates consisting of such Members as are free of the late Engagement, and against whom England may not have this exception, That such have the managing of the affairs of this Kingdom as they esteem their Enemies, and with whom they cannot treat. And if your Lordships shall out of love to this almost ruined Kingdom, yield to those our just Desires, we are very confident that the Peace of this Kingdom shall be settled, the Union betwixt the Kingdoms continued, and all quarrels prevented. Woodside, 16 Sept. 1648. Signed by command of the Commissioners for the Treaty. Mr. Tho: Henderson. At Edinburgh, 22 Septem. 1648. An Order of the Committee of Estates, declaring all those enemies to Religion, King and Kingdoms, that shall persist to commit any Rapines, do any violence, or acts of Hostility, under any pretence of Authority whatsoever, and forthwith to lay down Arms. WHereas divers persons in the Isles and Highlands of this Kingdom, under pretence of Commissions issued to the Captains and Chieffs of Clanns by the Duke of Hamilton, or others who Authorized the late unlawful Engagement against England, and are now in Arms in this Kingdom for prosecution of the same, have combined themselves, and entered into a Confederacy, to invade, fall upon, and destroy the L. Marquis of Argyles Lands; and to spoil, ruin and lay waste other places of this Kingdom, by exercising all acts of Hostility against the well affected. To the end therefore that all such persons may be rightly informed, and not misled, by entering into so a horrid a Rebellion, of following such desperate Counsels and Courses, tending to their own destruction, and the disturbance of the Peace of the Kingdom; especially in the present condition of Affairs, when the Army which lately invaded England is wholly dissipated and routed, and considerable Forces already raised, and more to be leavyed for suppressing the remainder thereof now in this Kingdom, and others whosoever shall adhere to them, or join with them in Arms to the promoting of that Engagement, and continuance of our Troubles; When the Parliament of England's Forces are also presently lying before the Towns of Berwick and Carlisle, for reducing the same to the Kingdom of England, whereby the Kingdom was in a fair way to attain an end of Troubles, and all Obstructions of the Union betwixt both the Nations to be happily removed. The great desires that we have of the Peace and quiet of the Kingdom; And that all such who are or shall be ensnared by false Suggestions, may be reclaimed and drawn off such Rebellious Interprizes, which will kindle the flames and combustion of the Kingdom, and retard the establishment of a desired Peace, Have made us to exhort, like as we do require and charge all such Captains and Chieffs of Clanns, and others who are now in charge, or adhere to them in this their Rebellion, To show themselves good and dutiful Subjects, forthwith to lay down Arms, to forsake that Rebellion, and to behave themselves in all quiet and peaceable manner; certifying them and each of them, That if they persist and continue to commit any Rapines, do any Violence, or acts of Hostility under any pretence or Authority whatsoever, They shall be esteemed as Enemies to Religion, King and Kingdoms, and pursued and punished accordingly: And hereof they are to take special notice, and give obedience under all highest pains. And we Ordain these presents to be published at the Mercat Cross of Edinburgh, and other places needful; and also to be Printed, that none pretend ignorance. Mr. Tho: Henderson. Edinburgh, 22. September, 1648. Whereas many within this Kingdom have joined in Arms for prosecuting of an unlawful Engagement against our Neighbour Nation of Ecgland, contrary to the Solemn League and Covenant, and Treaties betwixt the Kingdoms, the Warnings and Declarations of the Commission of the General Assembly, 1647. And likewise against the unanimous Proceed and Declarations of the late General Assembly and their Commissioners: And whereas God hath evidently manifested his displeasure and wrath against their sinful ways and proceed, in oppressing the well-affected in this Kingdom, invading the Kingdom of England, by Routing and Defeating their Army there: And now some of their Army have returned to this Kingdom, and joined with others their associates to disturb the Peace thereof; By which their Proceed and Actions, the work of Reformation of Religion hath been almost wholly overturned, the Liberty of the Subject very near destroyed, Authority weakened, the Person of the King put in hazard, the Union betwixt the Kingdoms endeavoured to be broken, occasion of quarrel given to our neighbour Nation, and this Kingdom brought to so sad and deplorable condition, as (if the Lord in mercy prevent not) Famine and Desolation is like to the added to all our troubles and miseries: Therefore to prevent the eminent dangers to Religion, and to the King, for settling the Peace of this greatly distracted Kingdom; And to the end the affairs of this Kingdom may not be managed by such persons as the Kingdom of England do esteem Enemies for their concurrence in the late Engagement: The Committee of Estates consisting of such persons as were not minated to be on the Commission of Parliament, and did disassent in Parliament from, and Protest against the late unlawful Engagement, Do declare, that they are resolved to Act and Direct in the public affairs by virtue of the Authority of that Nomination of the Parliament, and their Legal Protestation in it: And that in Acting and Directing, they resolve to proceed with the advice and consent of such Members of the late Parliament, as did concur with them in the said Protestation, and do now concur in Arms in prosecuting of the same: As also with the advice and consent of such two Commissioners, and one Burgess as shall be entrusted respectively by the Shires and burgh's joining with us in Arms for the Covenant; and that they will not admit into their Counsels, or Committees, any persons who have concurred in arms or Counsel for the late unlawful Engagement, or who have Subscribed the Bond, or Sworn, or Subscribed any Oath, or Declaration for prosecuting that Engagement. And further, that they will admit none who have been aiding, or shall be aiding or assisting to, or abetting and agenting for these who are now joined in arms with the Earl of Crawford, Earl of Glencairn, Earl of Lanerick, Lord Sinclair, Lord Register, George Monro, and their adherents, nor any such as have, or shall declare their judgement against this Cause and our Proceed in pursuance thereof. And we ordain these Presents to be published; and also to be Printed that none pretend ignorance. Mr. THO: HENDERSON. Edinburgh, 22 September, 1648. THe Committee of Estates considering that the putting of the dis-affected and Malignant Persons in Places of trust and power, in the several Shires and burgh's of this Kingdom, hath been one of the greatest causes which hath brought all these evils upon this Kingdom: And for the reasons contained in the former Act, do therefore find it necessary to require, And do hereby command and require the several Shires in the Election of their Commissioners to Parliament, and burgh's in Election of their Commissioners to Parliament, Magistrates and Counsel, that they make choice of none but such as have continued constant and faithful in this cause: And that they will not admit any to be in the former places of Trust, Commissions, Magistracy or Counsels, who have concurred in Arms or Counsel for the late unlawful Engagement, or who have subscribed the Bond, or sworn, or subscribed any Oath or Declaration for prosecuting that Engagement: And further, That they will admit none who have been aiding, or shall be aiding or assisting to, or aborting and agenting for these who are now joined in Arms with the Earls of Crawford, Earl of Glencairn, Earl of Lanerick, Lord Sinclair, Lord Register, George Monro, and their Adherents, nor any such as have or shall declare their judgement against the Cause, and our proceed in pursuance thereof. And we Ordain these presents to be published at the Mercat Cross of Edinburgh, and other places needful; and also to be Printed, that none pretend ignorance. Mr. THO: HENDERSON. FINIS.