[HENDERSON (Alexander, c. 1583-1646, Minister of the High Kirk, Edinburgh, 1639, and from 1640 Rector of the University, Presbyterian Church Statesman)]

Contemporary Unsigned Copy of The Scottish Commissioners' Demands concerning the Sixth Article, that is, for Reparations, in its final expanded form, in an attractive upright hand, with, in another hand, the English Commissioners' Answer, dated 7th January 1640 (1641 modern reckoning), and the Scottish Reply, all with transcriptions.
(On 8th September 1640, after invading Northumberland and Durham, the Scots wrote to Charles I at York repeating their demands in Seven Articles, drawn up by their recent Parliament. Negotiations were begun at Ripon and were transferred to London after the Long Parliament opened on 3rd November).
Henderson recalls the Scots' "distresses in our religion and liberties", saying "our ... supplications for redress were answered ... with the terrors of an army" (in June 1639), and that "after a Pacification" (at Berwick), "greater preparations were made for a war, whereby many acts of hostility were done against us both by sea and land, the kingdom wanted administration of justice, and we constrained to take arms for our defence", being forced also "to maintain so many thousands as were spoiled of their ships and goods ... and many others who lived by fishing, and whose callings are upholden from hand to mouth by sea trade".
The Scots' only hope other than "perfect slavery ... in our souls, lives & means" has been "to come into England ... Since therefore the war on our part ... is defensive", and "in common equity, the defendant should not be suffered to perish in his just and necessary defence ... it is not against reason ... to demand some reparation of this kind".
The Scots attribute all their "losses and wrongs" to "that prevalent faction of Prelates & Papists", meaning in particular Archbishop Laud, (there were also great rumours in London of a plot to restore Roman Catholicism), acting through "their councils, subsidies and forces" and "their Kirk, canons, & prayers", indeed "the estates of the kingdom of Scotland" had endeavoured to forewarn the English "of the mischief intended against both kingdoms".
Accordingly, the reparation should be "at the cost of that faction", who, "except they repent will find sorrow recompense for our grief, torments for our toil, and an infinitely greater loss", namely "a whole kingdom which was dwelling by them in Peace".
The desire of "our common enemies" was to use Scotland as "a precedent for the like misery in England, or by their invasion of our kingdom, to compel us ... to break into ... England", so that fishing "in our troubled waters" they might "catch their desired prey".
Thus the Scots came "as amongst our brethren", never doubting that "Parliament ... will provide that a proportionable part of the cost ... of a work ... comfortable to both nations, be borne by the delinquents here, that with the better conscience the good people of England may sit under their own vines & fig trees ... Had a foreign enemy (intending to reduce the whole island to Popery) made the first assault ... the kingdom of England ... would have found the way to bear with us the expense of our resistance".
While the Scots "will not allege" the help given by them "to other Reformed Kirks, and what the kingdom of England of old & of late hath done to Germany France & Holland", yet this is not "a matter of our covetousness" but of English "justice in respect of our adversaries" and "kindness ... in the supply of our wants ... That by this equality and mutual respect both nations may be ... the more serviceable to his Majesty".
In reply the English Commissioners ask whether "the Sum ... proposed by the Scots Commissioners for Charges ... be a positive demand or only an intimation ... thereby to induce the Kingdom of England ... to afford you some friendly assistance".
The Scots answer that "We would be no less willing to bear the loss ... than we have been ready to undergo the hazard, but because the burden of the whole charge doth far exceed our strength", they have "represented ... such a proportionable part" as will be judged "a matter not of our covetousness, but of the justice & kindness of the kingdom of England". Copy signature 'Adam Blair', 4 sides folio, every fifth line neatly numbered in pencil, short title on side 4, [Westminster], undated and 7th January (Transcription, with line numbers)
Concerning our sixth demand Although it hath often come to pass that those who
have been joined by the bands of religion and nature have suffered themselves
[5] to be divided about things of this world, And although our adversaries who no
less labour the division of the two kingdoms, than we do all seek peace and
follow after it as our common happiness, do presume that this will be the partition wall
to divide us and to make us lose all our labour taken about the former demands,
wherein by the help of God by His Majesty's Princely Justice and goodness, & your lordships'
[10] noble & equal dealing we have so fully accorded, And to keep us from a
firm & well grounded peace, By the wisdom & justice of the Parliament of England
which is our greatest desire expressed in our last demands.
We are still confident that as we shall (concerning this last article) represent
nothing but what is true just & honourable to both kingdoms, so will your Lordships
[15] hearken to us and will not suffer your selves by any slanders or
suggestions to be drawn out of that straight and safe way wherein ye have
walked since the beginning.
It is now we suppose known to all England especially to both the honourable
houses of Parliament, And by the occasion of this treaty, more particularly to
[20] your Lordships, That our distresses in our religion and liberties were of late more
pressing than we were able to bear, That our complaints and supplications for
redress were answered at last with the terrors of an army, That after a
Pacification greater preparations were made for a war, whereby many acts of
hostility were done against us both by sea and land, The kingdom wanted
[25] administration of justice, and we constrained to take arms for our defence,
That we were brought to this extreme and intolerable necessity either to
maintain divers armies upon our borders against invasions from England
or Ireland, still to be deprived of the benefit of all the Courts of Justice,
And not only to maintain so many thousands as were spoiled of their
[30] ships and goods, but to want all commerce by sea, to the undoing of
merchandise of sailors, and many others who lived by fishing, And whose
callings are upholden from hand to mouth by sea trade, Any one of which
evils is able to bring the most potent kingdom to confusion, ruin and
desolation, How much more all the three at one time combined to bring
[35] the kingdom of Scotland to be no more a kingdom, yet all these
behoved us either to endure & under no other hope than the perfect slavery
of our selves & our posterity, in our souls, lives & means, or to resolve to
come into England, not to make invasion, nor with any purpose to fight,
except we were forced. God is our Judge, our actions are our witnesses,
[40] And England doth acknowledge the truth against all secret suspicions to
the contrary, and against the impudent lies of our enemies, but for our
relief, defence & preservation, which we could find by no other means, when
we had assayed all means, and had at large expressed our pungent
and pressing necessity, to the kingdom and Parliament of England.
[45] Since therefore the war on our part (which is no other than our coming into
England with a guard) is defensive, And all men do acknowledge, that in
common equity, the defendant should not be suffered to perish in his just
[Side 2]
and necessary defence, but that the pursuer, whether by way of legal
process in time of peace, or by way of violence and unjust invasion in the
[50] time of war ought to bear the charge of the defender, we trust that your
Lordships will think that it is not against reason for us to demand some
reparation of this kind, And that the Parliament of England by whose
wisdom & justice we have expected the redress of our wrongs, will take
such course as both may in reason give us satisfaction and may in the
[55] notable demonstration of their justice serve most for their own honour.
Our earnestness in following this our demand doth not so far wrong our
sight or make us so undiscerning, as not to make a difference between
the kingdom & Parliament of England, which did neither discern nor set
forward a war against us, And that prevalent faction of Prelates & papists,
[60] who have moved every stone against us, and have used all sorts of means, not
only their councils, subsidies & forces, but their Kirk, canons, & prayers,
for our utter ruin, which makes them obnoxious to our just occasions and guilty
of all the losses & wrongs which this time past we have sustained, yet this
we desire your Lordships to consider, that the estates of the kingdom of Scotland
[65] being assembled did endeavour by their declarations, informations,
remonstrances, and by the proceedings of their Commons, to make known unto
Council, kingdom, & Parliament of England and to forewarn them of the
mischief intended against both kingdoms in their religion and liberties,
By the prelates and papists to the end that our invasion from England might
[70] have been prevented if by the prevalency of the faction it had been
possible, And therefore we may now with the greater reason & confidence
press our demands, That your Lordships, the Parliament, the kingdom and the king
himself may see us repaired in our losses at the cost of that faction, by
whose means we have sustained so much damage, and which except
[75] they repent will find sorrow recompense for our grief, torments for our
toil, and an infinitely greater loss for the temporal losses they have
brought upon, a whole kingdom which was dwelling by them in Peace.
All the desires & doings of our common enemies were to bear down
the truth of religion & the just liberty of the subject in both kingdoms,
[80] they were confident to bring this about one of two ways, either by
blocking us up by sea & land to constrain us to
admit their will for a law both in Kirk and policy, And then to make us
a precedent for the like misery in England, or by their invasion of our
kingdom, to compel us furiously and without order to break into
[85] England, that the two nations once entered into a bloody war, they might fight [sic, ?for fish]
in our troubled waters & catch their desired prey, but as we declared
before our coming, we trusted that God would turn their wisdom into
foolishness, and bring their devices upon their own Pates, by our intentions
and resolutions to come into England as amongst our brethren in the
[90] most peaceable way that could stand with our safety in respect of our common
enemies, To present our petitions for settling our peace by a Parliament
in England, wherein the intentions & actions both of our adversaries & of our selves
might be brought to light, the king's Majesty and the kingdom rightly informed, the
authors & instruments of our divisions & troubles punished, all the mischiefs
[95] of national & doubtful war prevented, and religion & liberty with greater
[Side 3]
Peace and amity than ever before established against all the craft & violence
of our enemies, This was our declaration before we set our foot into England
from which our deportment hath not since varied, And it hath been the Lord's
wonderful doing by the wise counsels and just proceedings of the Parliament
[100] to bring it in a great part to pass, and to give us lively hopes of a happy
resolution, And therefore we will never doubt but that the Parliament in their
wisdom and justice will provide that a proportionable part of the cost &
charges of a work <of> so great and so comfortable to both nations, be borne by the
delinquents here, That with the better conscience the good people of England
[105] may sit under their own vines & fig trees, refreshing themselves
charges, which we are not able to bear as may appear by the annexed schedule.
The kingdom of England doth know & confess, that the innovation of religion &
liberties in Scotland was not the principal design of our enemies, but
[110] that both in the intention of the workers, whose zeal was hottest for settling
their devices at home, and in the condition of the work, making us whom
they conceived to be weaker for opposition, to be nothing else but a leading
case for England, And that although by the power of God which is made perfect in
weakness, they have found amongst us greater resistance than they did fear, or
[115] either they or ourselves could have apprehended, yet as it hath been the will of God
that we should endure the heat of the day, so in evening the precious wages of
the vindication of religion, liberties & laws are to be received by both kingdoms
and will enrich we hope to our unspeakable joy the present age & the posterity with
blessings, that cannot be valued, And which the good people of England esteem more
[120] than treasuries of gold & willingly would have purchased with many thousands.
We do not plead that conscience and piety hath moved some men to serve God upon
their own cost, And that justice and equity hath directed others where the harvest
hath been common, to consider the pains of labouring, and the charges of the sowing,
yet this much may we say, That had a foreign enemy (intending to reduce the
[125] whole island to Popery) made the first assault upon our weakness, we
nothing doubt but the kingdom of England from their desire to preserve their
religion & liberties would have found the way to bear with us the expense of our
resistance & land's defence, How much more, being invaded, not by England, yet
from England, by common enemies seeking these same ends, may we expect to
[130] be helped and relieved.
We will never conceive, that it is either the will or the weal and honour of England,
that we should go from so blessed a work after so many grievous sufferings,
bearing on our backs the unsupportable burdens of worldly necessities &
distresses, return to our own country empty & exhausted, in which the people
[135] of all ranks, sexes & conditions have spent themselves, The possessions of every
man who devoted himself heartily to his cause are burdened not only with his
own personal & particular expense, but with the public & common charges, of which
if there be no relief, neither can our kingdom have peace at home, nor any
more credit for commerce abroad, Neither will it be possible for us either to
[140] aid & assist our friends, or to resist & oppose the restless working and
wickedness of our enemies, The best sort will lose much of the sweetness of
the enjoying of their religion & liberties, And others will run such ways
& indirect courses as their desperate necessities will drive them unto, we
shall be a burden to our selves, & a vexation unto others of whose strength we
[145] desire to be a considerable part, & a fit subject for our enemies to work
upon for obtaining their now disappointed but never dying desires.
[Side 4]
We will not allege the examples of other kingdoms where the loss of just
and necessary defence have been repaired by the other party, nor will we remember
what help we have made according to our ability to other Reformed
[150] Kirks, and what the kingdom of England of old & of late hath done to
Germany France & Holland, nor do we use so many words that England may
be burdened and we eased, or that this should be a matter of our covetousness, &
not of their justice & kindness, justice in respect of our adversaries, who
are the causes of the great misery & necessity to which we have been brought,
[155] kindness in the supply of our wants who have been tender of the welfare of
England as of our own, That by this equality and mutual respect both nations may
be supported, in such strength and sufficiency, the more serviceable to his Majesty &
abound in every good work both towards one another & for the comfort & relief
of the reformed Kirks beyond the seas, That we may all bless God and the blessing
[160] of God may be upon us all.
The Lords Commissioners' question upon the Sum that is proposed by the
Scots Commissioners for Charges. Jan. 7. 1640.
Whether this be a positive demand or only an intimation of the charge
thereby to induce the Kingdom of England to take your distressed
[165] estate into consideration and to afford you some friendly assistance.
The Scots Commissioners' answer.
We would be no less willing to bear the loss (if we had ability) than
we have been ready to undergo the hazard, but because the burden of the
whole charge doth far exceed our strength, we have (as is more fully
[170] contained in our papers,) represented unto your Lordships our charges
and losses, not intending a total reparation, But of such a proportionable
part, as that we may in some measure bear the remnant, which we
conceive your Lordships having considered our reasons, will judge to be
a matter not of our covetousness, but of the justice & kindness of the
[175] kingdom of England. Adam Blair.
[Short title]
Scots Commissioners' demands
concerning the 6th Article
Also the question upon
the Sum proposed
&
their answer.

Alexander Henderson is the most outstanding figure of the "Second Scottish Reformation". He was considered indispensable by his colleagues in all the major crises. Grave, thoughtful but determined, he maintained a relationship with Charles I, who valued discoursing with him on the future of the Church in both kingdoms as late as 1646.
In February 1637, Henderson and Johnston of Wariston, now his fellow commissioner, had drawn up the National Covenant. In 1638 Henderson was chosen Moderator of the famous Glasgow Assembly. Later, at the Westminster Assembly of Divines, he was the guiding hand in preparing the Directory for Public Worship and the Catechism, and the Solemn League and Covenant.
On 20th August 1640 Charles had set off for York, to find the Scots firmly established at Newcastle and plundering Northumberland and Durham for sustenance and arms. On 3rd September the Scots demanded £850 a day from the inhabitants to desist, which was quickly agreed locally.
When the Scots repeated their demands, Charles, having no Parliament, summoned a Council of Peers, which appointed 16 Earls and Barons to negotiate at Ripon.
The Scots sent the Earl of Dunfermline (Charles Seton, 1615-1672, Colonel in the Covenanting Army), the Earl of Loudoun (John Campbell, 1598-1662, Chancellor of Scotland, 1641), Sir William Douglas (9th of Cavers, d. c. 1658, Sheriff of Teviotdale), Sir Patrick Hepburn of Waughton (d. before 1649, Colonel of 'Wauchtoun's Regiment' in the Covenanting Army), John Smith (Baillie of Edinburgh), Alexander Wedderburn (1610-1676, lawyer and Town Clerk of Dundee, knighted 1642), Alexander Henderson and Archibald Johnston (1611-1663, of Wariston, knighted and Lord of Session, 1641).
All eight had been Commissioners at Berwick. Their relations with Charles now varied between attempts at conciliation (the two Earls) to unbending pressure (Henderson and Wariston).
At Ripon, with Charles's army the weaker, the English Commissioners could only agree to continue the £850 a day to preserve a truce.
In London on 18th December 1640, the Lord Keeper reported progress on the Demands. The first three had been agreed - that the last Acts of the Scottish Parliament be published under Charles' name; that Edinburgh and other strongholds be furnished for the Scots' defence and security; and that settled residents, whether English or Scottish, be subject to the laws of the country where they lived. (In Scotland, this involved subscription to the National Covenant). On the fourth article, "that the common incendiaries ... may receive their just censure", the Scots had not been idle and on the 15th had issued their charges against Laud, compiled by Wariston. As a result, Laud was accused by the Commons of High Treason on this same 18th December. Each country was to try their own nationals.
Nothing had yet been done on the fifth article, "That our Ships and Goods, with all the Damages thereof, may be restored" or later articles. (The seventh asked that the declaration "made against us as Traitors" be recalled, and an eighth that the border garrison be removed, with "any impediment that may stop free trade" or the Scots'' "religion and liberties").
Progress and conclusion, including any added negotiators and demands, are summed up in the "Act for the Confirmation of the Treaty of Pacification between ... England and Scotland". It received Charles' royal assent on 10th August 1641, just before he left for his second State Visit to Edinburgh. The Act dates this final draft of the Sixth Article to 7th January 1641, on the strength of which, on 3rd February, Parliament agreed to pay £300,000 "for friendly assistance and relief". The Scots received £80,000 before their army left Newcastle in July, and by a second Act of 10th August 1641 the rest was to be paid in two halves, in 1642 and 1643 at Michaelmas.
Provenance: From a small group of papers, 1640-1641, one marked "brought these papers from Woodhey 1741". Woodhey Hall, near Nantwich, was in 1741 among the Cheshire properties of Lionel Tollemache, 4th Earl of Dysart. His grandmother Grace was the daughter of Sir Thomas Wilbraham, (1630-1692, 3rd and last Baronet of Woodhey). Sir Thomas, a Royalist, in 1651 married heiress Elizabeth Mytton (1632-1705, the architect). Elizabeth was also stepdaughter to Sir William Brereton (1604-1661), who had led the campaign in Cheshire to abolish bishops.

Item Date:  1641

Stock No:  55796      £1500

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