The following journal of the conferences near Berwick, relative to a pacification, cannot fail of being acceptable to every -reader who would investigate the difpofition and views of the different parties in thofe times.

• Council at his Excellency the Lord General's tent, the 11th of June, 1639.

All these commiffioners being fet in the room of confultation, my lord general began to speak. Whereupon inftantly his majefty came in, unexpected peradventure to the Scottish commiffioners; who being fet, all four, on one fide, with their backs to the tent door, his majefty paffed by them without taking notice of them, neither did they kneel, only the earl of Rothes made fome offer, as if defirous to kifs the king's hand; but his majesty taking his chair on the further fide of the table, all the commiffioners ftood up; and the king commanding all out of the room that were not commiffioners, namely, the lord marquis of Hamilton, the lord duke of Lenox, and fome lords that waited on his majefty, began to fpeak, fo near to this purpose, as could, by notes or memory of fome prefent, be collected.

The King ] My lords, you cannot but wonder at my unexpected coming hither; which I would myfelf have fpared, were it not to clear myself of that notorious flander laid upon me, That I fhut my ears from the just complaints of my people in Scotland; which I never did, nor fhall. But on the other fide, I fhall expect from them, to do as fubjects ought; and upon these terms I fhall never be wanting to them.

Rothes.] To this the earl of Rothes made anfwer, but with a low voice, that his fentences could hardly at any distance be understood. Thus much in general was colle&ted, that the effect of his fpeech was a juftification of all their actions.

The King] My lord, you go the wrong way in feeking to juftify yourselves and actions; for though I am not come hither with any purpose to aggravate your offences, but to make the fairest construction of them that they may bear, and lay aside all differences; yet, if you ftand upon your juftification, I shall not command but where I am fure to be obeyed.

• Rothes.] Our coming is not to justify our actions, or to capitulate, but to fubmit ourselves to the cenfure of your majetty if fo be we have committed any thing contrary to the laws and cuftoms of our country.

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• The King,] I never took upon me to give end to any ference, but where both parties firft fubmitted themselves unto

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my cenfare; which, if you will do, I fhall do you justice to the utmost of my knowledge, without partiality.

Rothes. Our religion and confcience is now in question, which ought to receive another trial. Befides this, neither have we power of ourselves to conclude any thing, but to reprefent it to our fellows.

• The King.] If you have no power to submit it to my judgment, go on with your juftification.

Rothes.] This is it which we defire, that thereby the fubjects of both kingdoms may come to the truth of our actions for ye know not the reason of our actions, nor we of yours.

The King.] Sure I am, you are never able to justify alk your actions; the best way therefore were, to take my word, and to fubmit all unto my judgment.

Rother. We have reason to defire liberty for our public juftification, feeing our caufe hath received fo much wrong, both in the foundation, relation, and in the whole carriage of the bufinefs.

Loudon.] Since your majefty is pleafed to dislike the way of juftification, we therefore will defert it; for our purpose is no other but to enjoy the freedom of that religion, which we know your majesty and your kingdom do profefs; and to prevent all fuch innovations as be contrary to the laws of the kingdom, and all alterations of that religion which we profefs. Which finding ourfelves likely to be deprived of, we have taken this course, wherein we have not behaved ourselves, nor proceeded, any otherwife than becometh loyal fubjects; and as we are bound to give account to the high God of heaven, our fole defires are that what is point of religion may be judged by the practice of the church established in that kingdom; wherein we seek God's honour in the first place.

• The King.] Here his majefty interrupted this long intended declaration, faying, That he would neither anfwer any propofition which they made, nor receive any, but in writing.

Then they withdrew themselves to a fide table, and wrote this following fupplication.

• The humble defires of his majesty's fubjects in Scotland. First, It is our humble defire, that his majefty would be graciously pleased to affure us, that the acts for the late af fembly holden at Glasgow, by his majefty's indiction, shall be ratified by the enfuing parliament to be holden at Edinburgh, July 23, fince the peace of the kirk and kingdom cannot admit farther prorogation.

Secondly, That his majefty, from his tender care of the prefervation of our religion and laws, will be graciously pleased to declare and affure, that it is his will, that all matters ecclefiaftical be determined by the affembly of the kirk, and matters civil, by parliament; which, for his majefty's honour, and keeping peace and order among his fubjects, in the time of his majefty's perfonal abfence, would be holden at fet times, once in two or three years.

. Thirdly,

Thirdly, That a bleffed pacification may be speedily brought about, and his majefty's fubjects may be fecured, our humble defire is, that his majefty's fhips, and forces by land, be recalled: that all perfons, fhips, and goods arrested, be reftored, and we made fafe from invafion: and that all excommunicate perfons, incendiaries, and informers against the kingdom (who have out of malice caufed these commotions for their own private ends) be returned, to fuffer their deferved cenfure and punishment; and fome other points, as may best conduce to this happy pacification.

As thefe are our humble defires, fo it is our grief, that his majesty should have been provoked to wrath against us, his moft humble and loving fubjects; and fhall be our delight, upon his majefty's gracious affurance of the prefervation of our religion and laws, to give example to others, of all civil and temporal obedience, which can be required or expected of loyal Jubjects.

The King.] This fupplication being prefented and read, his majefty faid, he could give no fudden answer to it; fubjoining, here you have prefented your defires; as much as to fay, Give us all we defire; which, if no other, than fettling of your religion and laws established, I never had other intentions than to fettle them. His majesty withal told them, that their propofitions were a little too rude at the firft.

Loudon.] We defire your majesty, that our grounds laid down, may receive the most favourable conftruction.

The King.] I proteft I have no intention to furprize you, but I withal defire you to confider, how you ftand too ftrictly upon your propofitions. Here his majefty again protefted, that he intended not to alter any thing, either in their laws or religion, that had been fettled by fovereign authority. Neither will I, faith he, at all encroach upon your laws by my prerogative; but the queftion will be at laft, Who fhall be the judge of the meaning of thofe laws? His majesty then farther told them, that their pretences were fair, but their actions otherwife.

• Rothes.] We defire to be judged by the written word of the laws. Here he proceeded in juftifying the affembly at Glasgow. • The King.] You cannot expect the ratification of that af fembly, feeing the election of the members of it were not lawful, nor was there any free choice of them.

Rothes. There was nothing done in it, which was not anfwerable to the conftitutions of the church. Adding, That there is no other way for fettling differences in religion, but by fuch an affembly of the kirk.

The King.] That affembly was neither free nor lawful, and fo confequently the proceedings could not be lawful. But when I fay one thing, and you another, who fhall judge?

Rothes.] The book of the affembly fhall be brought to your majefty to judge; wherein your majesty shall not find any thing

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conftituted, but what fhall be warranted by other general affemblies.

Loudon.] Here the lord Loudon began to make a relation of the nature of the affembly, faying, How that in every parish there is a prefbyter, and a lay elder who in every affembly is joined with the minifter. And this order he affirmed to be fo fettled by the reformation, as is to be found in the book of dif cipline, which is authentic of itself, and ever heretofore received, without needing to be confirmed by act of parliament, it having been continually observed, as valid enough of itself, though it had not fo been ratified.

The King.] The book of difcipline was never ratified, either by king or parliament; but ever rejected by them. Befides this, there was never in any affembly, fo many lay elders as in this.

Rothes.] Lay elders have been in all affemblies, and, in fome, more than of the clergy. And in this affembly, every lay elder was fo well inftructed, as that he could give judgment of any one point, which fhould be called in queftion before

them.

• The King.] To affirm thus much of a truth, feems very ridiculous; namely, that every illiterate perfon fhould be able to be a judge of faith and religion. Which yet, his majesty faid, was very convenient and agreeable to their difpofition; for by that means they might chofe their own religion.

Loudon.] Here this lord began by feveral arguments, to juftify that affembly, affirming it to have power to punish any offences. Against this his majefty excellently difputed; and if any reafon would have fatisfied them, they might there have been fatisfied. But the time being far paffed (for by this time it was full one o'clock) the lord Loudon defired his majefty to know what grounds they should go upon.

The King.] Do you get power to know what your full defire is, with your reafons for it. Lay down alfo, that you defire nothing but the fettling of your laws and religion; and that you acknowledge my fovereignty, and will yield me all temporal and civil obedience.

Loudon.] We befeech your majefly, we may have a note for our direction.

The King. It is not fit for us to give it, but for you to fay what you defire.

Loudon.] Our defires are, to enjoy our liberties, according to the laws.

Rothes.] Then that earl offered to prove, that there had been nothing done in that general affembly contrary to the laws.

Loudon.] At length, this lord, by his majefty's commandment, drew a note, to this purpose, how that their defires were only to enjoy their religion and liberty, according to the eccle. fiaftical and civil laws of that kingdom; and to clear the par

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ticular grounds of fuch their defires; and what other things proved not fo, they were not to infift upon them.

• The King.] I have all this while difcourfed with difadvantage, feeing what I fay, I am obliged to make good; but ye are men of honour too; and therefore, whatever ye affent unto, if others refufe, ye are alfo obliged to make it good.

Then, Thursday morning being appointed for a fecond meeting, his majefty went to his pavilion to dinner. All the commiffioners were feafted by his excellency. After dinner nothing was publicly debated; only fome private conferences and difcourfes paffed for a while betwixt feveral parties; for within an hour, or little more, after dinner, the Scottish commiffioners departed to their camp at Dunce.

The note, forementioned to be drawn by the lord Loudon, containing their humble defires, was this which followeth, and was prefented the fame 11th of June.

Memorandum: written by the lord Loudon's own hand.

"That our defires are only for the enjoying of our religion and liberty, according to the ecclefiaftical and civil laws of his majefty's kingdom.

To clear, by fufficient grounds, that the particnlars which we humbly crave, are fuch; and fhall not infift to crave any point which is not fo warranted; and that we humbly offer all civil and temporal obedience to his majefty, which can be required or expected of loyal fubjects."

Hereunto, on Thurfday following, was this following anfwer returned; "That whereas his majesty hath received, the 11th of June, a fhort paper of the general grounds and limits of their humble defires, he is graciously pleafed to make this anfwer; that if their defires be only the enjoying of their religion and liberty, according to the ecclefiaftical and civil laws of his majesty's kingdom of Scotland, his majefty doth not only agree to the fame, but fhall always protect them to the utter moft of his power and if they fhall not infift upon any thing but that which is to be warranted, his majefty will most willingly and readily condefcend to it; fo that, in the mean time, they pay unto him that civil and temporal obedience, which can be juftly required and expected of loyal fubje&s.”

It appears from a fubfequent paper, that though the Scots refufed to accept the reasonable terms which had been offered by his majefty, they were extremely ill provided, either in arms or money, for entering upon the courfe of action which foon afterwards commenced. We are informed, that one of the best lords of the covenant could not obtain two hundred and fifty pounds to borrow, though he offered his own bond, and two fureties.

Among thofe interefting Papers, we meet with the minutes. of a cabinet council, held at London, Aug. 16, 1640, rela

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