be graciously pleased to hear his faithful Servants inform him of the Truth he shall direct that which is just and right and with the same assurance I dare promise him Obedience The interest your Lordship has in this poor Kingdom but more particularly the Duty you owe to His Majesty and the true respect I know you have ever carried to His Majesties Honour and the good of his Service makes me thus bold to acquaint your Lordship with this business which in good faith is by the folly and misgovernment of some of our Clergie-men come to that height that the like has not been seen in this Kingdom of a long time But I hope your Lordship will take in good part my true meaning and ever construct favourably the actions of Your loving faithful Friend and humble Servant TRAQVAIR Edinburgh Aug. 27. After all inquiry was made it did not at all appear that any above the meaner sort were accessory to that Tumult the sequel whereof in the Afternoon had almost been Tragical not onely to the Bishop of Edinburgh but to the Earl of Roxburgh for having him in his Coach But His Majesty though he was willing to be gentle to the Transgressours yet continued firm to his former Resolutions of having the Liturgy and Book of Canons established In October thereafter a new Tumult fell out in Edinburgh against the Earl of Traquair and some of the Bishops whom the People in their fury went about to have killed upon which by Proclamation the Council and Session and other Courts were removed from Edinburgh Hereupon the Earl of Roxburgh who was then Lord Privy-Seal went to Court to give the King an account of Affairs for all this time divers had petitioned the Council against these Books complaining they were contrary to Religion in the matter of them and the Laws of the Land in the manner of bringing them in but all he could procure was a Pardon for what was past to such as should thenceforth live quietly and that was proclaimed in December but was far from giving satisfaction for by this time the Malecontents were become considerable and had formed themselves into a Body It was also studiously infused in the minds of all through Scotland that the Bishops were introducing Popery that many points of Popery were in these Books and that the whole of them was both superstitious and illegal This took mightily with the Vulgar and the malecontented Ministers began every-where to talk high in their Pulpits against the Bishops they also formed themselves into a Body called the Table where there were Deputies from the Shires and Burroughs and a great many Noblemen and Ministers That which they pretended was the Security of Religion They pretend the Security of Religion and swear the Covenant with the preserving the Fundamental Laws and Liberties of the Land the Honour of the King and the defence of his Authority and for this end it was judged fit and necessary to renew the Covenant made in King Iames his time against Popery and signed by that King with his Council and Family which according to the new draught was made up first of King Iames his Covenant next of a long Narrative of all Acts of Parliament whereby the Reformed Religion was ratified thirdly of an Addition wherein the late Innovations were sworn against till they were judged in a free General Assembly and declared also to be abjured in the old Covenant as formally as if they had been expresly named in it and all ended with a Bond of Defence for adhering to one another in pursuing the ends of the Covenant This was no sooner moved but the advice took as if it had been an Oracle so the Covenant was sworn first at Edinburgh in the moneth of February and then sent every-where through the Country to get the example of those in Edinburgh imitated which was accordingly done not without great appearances of Devotion among all sorts of People they pretending it was nothing but the preservation and purity of Religion they aimed at For the Covenant I judge it needless to insert it here both because of its length and that it is in the large Manifesto of the Affairs of this year published in His Majesties Name and therefore that Book being both common and of great Authority I do not insert Papers at their length that are to be found there and shall onely adde that the Originals and other authentick Justifications of that Declaration are in my hands The Session or Term was held that Winter at Sterlin but the Council sate often at Dalkeith within four miles of Edinburgh which being then so full of People it was not judged fit for the Council to withdraw too far from it Petitions were often offered to the Council encouraged from the Table full of Complaints against the Bishops and the late Innovations but they were as often rejected Upon this the Earl of Traquair went to Court and gave a full account both of the Petitions the Humours and the Strength of the Malecontents and that all was occasioned by the Bishops misgovernment and by the introducing the lately-authorized Books with which scarce a Member of the Council the Bishops onely excepted was well satisfied neither were all these cordially for them for the Archbishop of S. Andrews from the beginning had withstood these designs foreseeing how full of danger the executing of them might prove The Archbishop of Glasgow was worse pleased but the Bishops of Ross Dumblane Brechin and Galloway were the great Advancers of them Traquair represented also that the Body of all Scotland was staggering if not wholly alienated from their Duty to the King and that nothing could recover them out of this distemper but assurances of His Majesties affection to the Protestant Religion and of his aversion from Popery together with the laying aside of these Books at least till better Times At this time also the Covenanting Lords wrote to the Duke of Lenox the Marquis of Hamilton and the Earl of Morton who were then at Court representing their Grievances and desiring they would offer their Petition to His Majesty which was humble enough though full of Complaints against these Books desiring they might be heard to object against them offering under the highest pains to prove they contained things both contrary to Religion and the Laws of the Land But all the Earl of Traquair said was suspected his prejudices against the Bishops being known The opposition he had made the Bishops had rendered him hitherto very Popular in Scotland and there want not grounds to suspect him a secret worker in this opposition to these Books though he seems to have been far from cherishing any further designs All he could procure from the King was a Proclamation The King proclaims his firmness to the Protestant Re-Religion Giving assurance of His Majesties firmness to the Protestant Religion and that great care was used in drawing the Liturgie so that not onely it was not
Ja. Carmichael W. Elpinston These Instructions being afterwards transmitted to the Lords of the Clergy were returned signed as follows St. Andrews Da. Edin Io. Dumblanen Tho. Gallovid Wal. Brechinen This was seconded by a private Letter to the King signed by Traquair and Roxburgh which follows copied from the Original Most Sacred Soveraign A Letter from Traquair and Roxburgh to the King ALthough the miserable Estate of this poor Kingdom will be sufficiently understood by Your Majesty from this Gentleman Sir John Hamilton's Relation yet we conceive our selves in a special manner bound and obliged to represent what we conceive does so nearly concern Your Majesties Honour and Service and therefore give us leave truly and faithfully to tell Your Majesty that since the last Proclamation the fear of Innovation of Religion is so apprehended by all sorts of Subjects from all corners of this Kingdom that there is nothing to be seen here but a general Combustion and all men strengthening themselves by subscribing of Bonds and by all other means for resisting of that which they seem so much to fear This is come to such a height and daily like to encrease more and more that we see not a probability of Force or Power within this Kingdom to repress this Fury except Your Majesty may be graciously pleased by some Act of Your Own to secure them of that which they seem so much to apprehend by the inbringing of the Books of Common-Prayer and Canons The way which the Subjects have taken and daily go about in the prosecution of their business is inexcusable and no ways agreeable to the duty of good Subjects but Your Majesty is wisely to consider what is the best and safest course for Your Own Honour and Peace of Your Government and since Religion is pretended to be the cause of all if it shall not be a safe course to free them at this time of Fears by which means the wiser sort will be satisfied and so Your Majesty enabled with less pain or trouble to overtake the Insolencies of any who shall be found to have kicked against Authority We are the rather moved at this time to be of this opinion that having found it the opinion not only of those to whom Your Majesty wrote in particular except of the Marquis of Huntley who as yet is not come from the North but of most of the Noblemen and men of respect within this Kingdom we find few or none well-satisfied with this business or to whom we dare advise Your Majesty to trust in the prosecution thereof and if any havâ— or shall inform Your Majesty to the contrary give us leave humbly to intreat Your Majesty to be pleased to call them before Your Self that in our presence You may hear the reasons of both Informations fully debated So praying God to grant Your Majesty many happy days and full contentment in all Your Royal designs we humbly take our leave and rest Your Majesties humble Servants and faithful Subjects Traquair Roxburgh Sterlin March 5. 1638. There was also besides many private Letters recommending this business a publick Letter written by the Council to the Marquis which follows taken from the Original Our very Honourable good Lord WE finding the Subjects Fears and Stirs to encrease since the last Proclamation did appoint by the Lord Chancellour A Letter from the Council to the Marquiâ— and other Lords of the Clergy their Special Advice a solemn Dyet of Council to be kept at Sterlin on the first of March where the Lord Chancellour and other Lords of the Clergie promised to be present to consult upon the growth of the publick Evils and Remedies thereof for His Majesties Honour and Peace of this Country but having met at Sterlin we received a Letter of excuse from the Lord Chancellour and were forced to proceed without him and the other Lords of the Clergy where after we had spent four days in advising upon the said Evils and Remedies of them we resolved in end to direct Sir John Hamilton of Orbiston one of our number with a Letter of Truâ—t from us to His Majesty to whom we have imparted our Opinions and Reasons of the said publick Ills and Remedies of the same to be represented to His Sacred Majesty and because the business is so weighty and important that in our opinion the Peace of the Country was never in so great hazard we have thought fit to recommend the business to your Lordships consideration that after your Lordship has heard the Iustice-Clerk therein your Lordship according to your great interest in His Majesties Honour and Peace of the Kingdom may concur by your best advice and assistance at His Majesties hands to bring these great and fearful Ills to a happy event So committing your Lordship to the Grace of God we rest Your Lordships very good Friends Traquair Roxburgh Winton Perth Wigton Kinghorn Lauderdale Southesk Angus Lorn Down Elphinston Napier J. Hay Tho. Hope J. Carmichael W. Elphinston Sterlin March 5. 1638. The Covenanters also wrote again to the Scotish Lords at Court desiring Liberty to send up one to represent their Grievances for they doubted the Council did not use them well and one of them wrote very peremptorily to the Marquis That they were resolved rather to hazard the whole Business than change a word of their Petitions and that they would quit their Lives if they got not granted to them what they desired The King resolves to send the Marquis Commissioner to Scotland The Justice-Clerk being thus instructed came to London where after he had discharged himself of his Trust His Majesty partly doubting his Council partly hoping the Authority of a Commissioner might qualifie the Peoples fury not a little resolved to chuse one and about this he made no long Deliberation but presently set his thoughts on sending the Marquis to Scotland for that Service and it was the opinion of all that a fitter choice could not have been made both because of his Quality and Kindred as also that he was at this time free of all Jealousies for his course heretofore had been more like a Courtier than a Statesman so that he was untouched with the susâ—icions of what had been hitherto done his Advice having scarce ever been called for so he was fitter to treat with that Party but chiefly his temper was so obliging and insinuative that none alive was more able to gain people to Reaâ—on and to manage their Spirits than he was It is alledged that some moved the imploying my Lord Huntley for this Service but no vestige of such a motion appears and if it was made it could not take with the King who at that time knew not Huntley well and since the King designed to try all could be effectuated by Treaty there was not a person so unfit for it as the Marquis of Huntley for his Family being always odious to that Party and himself all his life suspected of Popery he had been a very
in force if they were revived and by His Majesties Authority appointed to be keeped at the ordinary times and if one at His Majesties first opportunity and so soon as may be conveniently should be indicted Kirkmen might be tried in their Life Office or Benefice and keeped in order without trouble to His Majesty and without offence to the People the present Evils might be speedily helped to His Majesties great honour and content and to the preservation of the Peace of the Kirk and these courses might be stopped afterwards and on the contrary while Kirkmen escape their due Censure and matters of the Worship of God are imposed without the consent of the free Assemblies of the Kirk they will ever be suspected to be unsound and corrupt as shunning to be tried by the Light to the continual entertaining of heart-burnings amongst the People and to the hindrance of that chearfulness of obedience which is due and from our Hearts we wish may be rendred to the Kings Majesty If according to the Law of Nature and Nations to the Custom of all other Kingdoms and the laudable example of His Majesties worthy Progenitors in the like cases of National Grievances or of Commotions and Fears of a whole body of a Kingdom His Majesty should be graciously pleased to call a Parliament for the timeous hearing and redressing of the just Grievances of the Subjects for removing of their common Fears and for renewing and establishing such Laws as in time coming may prevent the one and the other and may serve to the good of the Kirk and the Kingdom that the Peace of both might be firmly settled and mens minds now so awakened might be easily pacified and all our Tongues and Pens are not able to represent what would be the joyful Acclamations and hearty Wishes of so loyal and loving a People for His Majesties Happiness and how heartily bent all sorts would be found to bestow their Fortunes and Lives in His Majesties Service The more particular Notes of all things expedient for the well of the Kirk and Kingdom for His Majesties honour and satisfaction and for extinguishing of the present Combustion may be given in to be considered in the Assembly and Parliament Those Bishops who stayed in Scotland sent up also one Learmonth to the Archbishop of Saint Andrews then at London with their Complaints and Grievances which are also set down according to the Original ARTICLES of Information to Mr. Andrew Learmonth for my Lord Archbishop of Saint Andrews the Bishop of Ross c. and in their absence for my Lord Archbishop of Canterbury his Grace YOu shall show their Lordships How they have changed the Moderator of the Presbytery of Edinburgh The Complaints of the Clergy and are going on in changing all the Moderators in the Kingdom How they have abused Doctor Ogstone the ninth of May in Edinburgh Mr. George Hannay at Torphichen the sixth of May Doctor Lamond at Markinch the ninth of May Mr. Robert Edward at Kirkmichael whom Kilkerrin is forced to entertain at his own House That the Presbytery of Hadingtown have given Imposition of Hands to Mr. John Ker's Son to be his Collegue without the knowledge of the Bishop and likewise the Presbytery of Kircaldy to Mr. John Gillespy's Son to the Church of the Weemes and the Presbytery of Dumfrice to one Mr. John Wier to the Church of Morton within two miles of Drumlanerick and that they of Dumfermline have admitted Mr. Samuel Row a Minister banished from Ireland to be helper to Mr. Henry Mackgill and they of Air Mr. Robert Blair to be helper to Mr. William Annand and that the Town of Dumfrice have made choice of Mr. James Hamilton to be their Minister and the Town of Kirkudbright one Mr. John Macklennan all of them banished from Ireland and Mr. Samuel Rutherford is returned and settled in his Place and they intend to depose Mr. John Trotter Minister at Dirleuton and how they intended to use the Regents That the Council of Edinburgh have made choice of Mr. Alexander Henderson to be helper to Mr. Andrew Ramsay and intend to admit him without advice or consent of the Bishop That the Ministers of Edinburgh who have not subscribed the Covenant are daily reviled and cursed to their Faces and their Stipends are withheld and not payed and that all Ministers who have not subscribed are in the same case and condition with them That they hound out rascally Commons on men who have not subscribed the Covenant as Mr. Samuel Cockburn did one John Shaw at Leith That His Majesty would be pleased by his Letters to discharge the Bishop of Edinburgh to pay any Prebend-fee to those who have subscribed the Covenant as also by His Royal Letters to discharge the Lords of Session to grant any Process against the Bishop for their Fees That His Majesty would be pleased in the Articles of Agreement with the Nobility to see honest men who shall happen in this tumultuous time to be deposed from their Places restored and settled in them and others that are violently thrust in removed and that the wrongs done to them be repaired That if it shall happen His Majesty to take any violent course for repressing these Tumults and Disorders which God forbid that in that case their Lordships would be pleased to supplicate His Majesty that some speedy course may be taken for securing of the persons of these honest men who stand for God and His Majesty Signed Da. Edin Ja. Dumblanen Ja. Lismoren Ja. Hannay Da. Michell Da. Fletcher The King resolves to gain his Subjects by redressing their Grievances All these matters being considered though there were grounds enough to have provoked a less Gracious Prince to have proceeded against the Covenanters by the extreme course of Rigour and Authority and there were some who advised him to it yet such was his innate love to that His Ancient and Native Kingdom that he resolved to leave no mean unessayed before he should proceed to a Rupture with them He also well foresaw that it would not prove so easie a Work as some would have perswaded him the greatest part on the South of Tay being confederate and resolved to stand to their Defence at all hazards neither was England too well fixed in their obedience as the following Wars did sadly prove and so there were small grounds to expect any heartiness from them for such a Work and calls the Bishops to his Closet All this being weighed His Majesty called to His Closet the Archbishops of Canterbury and St. Andrews and the Bishops of Galloway Brechin and Ross the Marquis being there before they came and to all these the King declared the choice he had made and that he intended to send the Marquis to Scotland with the Character of High Commissioner for establishing the Peace of the Country and the good of the Church St. Andrews said he approved the Choice and hoped for good success My Lord of Canterbury
as also that many of the Covenanters were broken in their Estates so that if Justice were patent some of the most troublesom of them might be driven away but chiefly the settling them again in Edinburgh looked like a resolution of going on with a Treaty of which it was fit they should be persuaded till the King were in a good posture for reducing them He tried what assurance he might have of the Lords of the Session being fixed to their Duty Divers of them who were no ill-wishers to the Kings Authority yet durst not own it being threatned by the Covenanters of some he had all reason to hope well yet the greater part of that Court what through fear what through inclination was so biassed that he saw little hope of prevailing with the Colledge of Justice whether Judges or Lawyers to declare the Covenant seditious or treasonable and he was secure of none who sate on the Bench save Sir Robert Spottiswood President Sir Iohn Hay Clerk-Register and Sir Andrew Fletcher of Innerpeffer Halyburton of Fotherance and one or two more the first of these was among the most accomplished of his Nation equally singular for his Ability and Integrity but he was the Archbishop of S. Andrews his Son and so his Decision in that would have been of the less weight On the 16th of Iune the Covenanters came and presented their Petitions to the Marquis craving a present redress of their Grievances The Covenanters press speedy satisfaction otherwise they said they would be put off no longer by delays and they desired he would propose the matter to the Council and give them a speedy Answer He told them that His Majesty did resolve to call both an Assembly and Parliament for the redress of all Grievances but if this was not yet done they had nothing but the Disorders of the Country to blame for it which should be no sooner composed but all their Desires should be fully examined They went away no way satisfied with this Answer but the Marquis found all the Lords of Council inclined to the granting of what they demanded so that he durst call no Council about it lest they should have avowedly sided with the Covenanters of which he advertised His Majesty shewing him that persons of all ranks pressed him to represent to him that the Covenant was not illegal and that if His Majesty would allow of the Explication of the Bond of mutual Defence Many move that an Explanation of the Covenant might be received which they offered that they meant not thereby to derogate any thing from the Kings Authority for whom they were ready to hazard their Lives all might be settled without more trouble either to the King or Country and that otherwise it must needs end in Blood He desired His Majesty would consider well in what forwardness his Preparations were before he hazarded on a Rupture lest if they had the start of him all his faithful Servants in Scotland should be ruined ere he could come to their rescue England wanted not its own Discontents and they in Scotland seemed confident that they had many good Friends there France had not forgot the Isle of Rhea and had certainly a hand in cherishing those Broils in Scotland He also added the Covenanters resolution was upon the first Rupture to march into England and make that the seat of the War Upon all this he craved His Majesties Pleasure which he would punctually obey and ended begging pardon for the fair hopes he had given him in his last protesting that his desire of seeing Royal Authority again settled without a bloody Decision for which he was gladly willing to sacrifice his Life made him too easie sometimes to believe what he so earnestly desired Thus I give the most material Heads of the Marquis his Dispatches to His Majesty for though the Originals of them be in my hands yet they are not inserted both because of their being too long and too particular for publick view as also that the substance of them may be seen in the Kings Answers which for many reasons are set down at their full length But to this I shall adde a surprising thing that I find the Archbishop of S. Andrews was for accepting an Explanation of the Covenant for a draught of it yet remains under his Pen which follows The Archbishop of S. Andrews his draught of an Explanation WE the Noblemen Barons Burgesses Ministers and others that have joyned in a late Bond or Covenant for the maintaining of true Religion and purity of Gods Worship in this Kingdom having understood that Our Sovereign Lord the Kings Majesty is with this our doing highly offended as if we thereby had usurped His Majesties Authority and shaken off all Obedience to His Majesty and to His Laws for clearing our selves of that Imputation do hereby declare and in the presence of God Almighty solemnly protest that it did never so much as enter into our thoughts to derogate any thing from His Majesties Power and Authority Royal or to disobey and rebell against His Majesties Laws and that all our Proceedings hitherto by Petitioning Protesting Covenanting and whatsoever other way was and is onely for the maintaining of true Religion by us professed and with express reservation of our Obedience to His most Sacred Majesty most humbly beseeching His Majesty so to esteem and accept of us that he will be graciously pleased to call a National Assembly and Parliament for removing the Fears we have not without cause as we think conceived of introducing in this Church another form of Worship than what we have been accustomed with as likewise for satisfying our just Grievances and the settling of a constant and solid Order to be kept in all time coming as well in the Civil and Ecclesiastical Government which if we shall by the intercession of Your Grace obtain we faithfully promise according to our bounden duties to continue in His Majesties Obedience and at our utmost powers to procure the same during our Lives and for the same to rest and remain Your Graces obliged Servants c. His Majesties Answer follows Hamilton I Do not wonder though I am very sorry for your last Dispatch to which I shall answer nothing concerning what you have done or mean to doe because I have approved all and still desire you to believe I do so untill I shall contradict it with my own Hand What now I write is first to shew you in what Estate I am and then to have your Advice in some things My Train of Artillery consisting of 40 Peece of Ordnance with the appurtenances all Drakes half and more â—f which are to be drawn with one or two Horses apiece is in good forwardness and I hope will be ready within six weeks for I am sure there wants neither Money nor Materials to doe it with I have taken as good order as I can for the present for securing of Carlisle and Berwick but of this you
Petitions and true Informations of my Innocency and Loyalty but doth notwithstanding thereof harbour any opinion of my Disloyalty or casting off my dutiful Obedience and Subjection to His Majesty or offering Subjection to any other King or Potentate in the World I am content to undergo the most exact Trial which is agreeable to the Laws of that Kingdom by which onely I ought to be judged rather than lie under such a heavy Imputation which to me who am conscious of my own Innocency and of my most tender and humble Duty towards His Majesty is more grievous than my Sufferings which can onely prejudice and hurt me and my private Estate but can no ways conduce for advancing of His Majesties Service but rather be a hinderance to the Accommodation of Affairs whereas my Liberty or lawful Trial will serve for the Illustration of His Majesties Iustice to the World and will make His Subjects without fear of danger to tender their humble Suits and Remonstrances at the Throne of His Royal Iustice. An. 1639. Upon this the Marquis pressed the King much for my Lord Lowdon's Enlargement since the Covenanters made great noise with it in all their Complaints The Marquis treats with him by the Kings Order and pretended that they durst send up no more Commissioners and therefore they sent their Acts in the Packet He did also shew His Majesty that he knew by the Lieutenant of the Tower that Lowdon was very fearful wherefore he desired permission from the King to try what this Fear could draw from him and to see if his Enlargement with the hopes of a Noble Reward could engage him to the Kings Service which if obtained might prove of great advantage since the Irritations he had received would make his Advices less suspected in Scotland His Majesty approving this he treated with Lowdon and found him abundantly pliant and so on the 26th of Iune he agreed with him on these Terms which he got under Lowdon's Hand in two Papers yet extant THE Lord Lowdon doth promise to contribute his faithful and uttermost Endeavours for His Majesties Service and furthering of a happy Peace and shall with all possible diligence and care go about the same and shall labour that His Majesties Subjects of Scotland may in all humility petition that His Majesty may be Graciously pleased to authorize a Commissioner with full Power from His Majesty to establish the Religion and Liberty of that His Majesties Native and Ancient Kingdom according to the Articles of Pacification and that by a new Convening or Session of the Parliament without cohesion or dependence on what hath been done by themselves without His Majesties Presence or of a Commissioner to represent His Majesties Royal Person and Power That if there be not an Army already convened in Scotland in a Body he shall endeavour that they shall not convene nor come together during the time of Treaty in hope of Accommodation and if they be already convened in a Body before his return he will labour that they may dissolve and return to their several Shires or dispose so of them that they remain not in one Body as may best evince that they intend not to come into England but may carry themselves in that respective way as may best testifie their Duty to His Majesty and their Desires of Peace That if General Ruthwen shall happen to become their Prisoner they may as a testimony of their desire to shun every thing which may provoke His Majesties displeasure preserve him and that the Lord Lowdon will shew how far he is engaged for his Safety That when Affairs shall be brought to a Treaty in Parliament and that His Majesty shall be Graciously pleased to settle the Religion and Liberties of the Kingdom according to the Articles of Pacification he will endeavour that the Kings Authority shall not be entrenched upon nor diminished that they may give a real demonstration to the World how tender and careful they are that His Majesties Royal Power may be preserved both in Church and State That what is done or imparted to the Lord Lowdon concerning His Majesties Pleasure shall be kept secret and not revealed to any here further than His Majesty shall think expedient That the Lord Lowdon shall as soon as conveniently he can return an account of his Diligence There was given with this another Paper which follows An. 1640 Memorandum of what passed betwixt the Marquis of Hamilton and me 26 Iune 1640. BEcause no great matters can be well effectuated without Trust Fidelity and Secrecy therefore it is fit that we swear Fidelity and Secrecy to others and that I shall faithfully contribute my best Endeavours for performance of what I undertake and that my Lord Marquis doe the like to me Our desires and designs do tend mainly for Preservation of Religion Laws and Liberties of the Kingdom the Kings Honour and of His Royal Authority and for establishing of a happy Peace and preventing of Wars and we are to advise and resolve upon such ways and means as may best conduce for these ends If after using of our utmost Endeavours it be not Gods will that we may be so happy as to obtain such a Peace in haste as may content the King and satisfie his Subjects till differences draw to a greater height and beginning of Wars to resolve what is fit to be done in case of such an Extremity for attaining a wished Peace and to condescend what course we shall take for keeping of Correspondence If my Endeavours and Service which doubtless will put me to a great deal of expence and pains shall prove useful for His Majesties Service and Honour and the Good of the Kingdom which are inseparable the Marquis will intercede really and imploy his best Endeavours with the King to acknowledge and recompence the Lord Lowdon 's Travels and Service in such manner as a Gracious King and Master should doe to a diligent and faithful Servant Upon this Lowdon was enlarged next day Lowdon is enlarged and permitted to go down to Scotland but those who did not know the Secret of this thought the King had weakened himself much by letting go an Hostage of such importance and this gave new Suspicions of the Marquis his Tamperings with the Covenanters His Majesty commanded the Earl of Lanerick to write by the Lord Lowdon the following Answer to the Letter sent up by the Lords of Scotland with the Acts they had lately passed My Lords BY my former of the Date the 23th of June Lanerick 's Answer to the Committee in Scotland His Majesty was pleased to promise by me to let you know within few days His further Pleasure concerning those Proceedings and Desires of the Noblemen and Barons and Burgesses which you sent me to be presented to His Majesty whereupon he hath now commanded me to tell you that the not proroguing of the Parliament in a Legal and Formal way was not for want of clear
to Scotish business yet I judged it a crime to let any of the Reliques of that Princes Pen perish How it came into the Marquis his hand I know not it is an Answer to a Remonstrance sent to the King by the Two Houses at Westminster in the end of this year I Having taken to my serious Consideration the late Remonstrance made to me by Both Houses of Parliament do make this Answer I take in good part your care for the Preservation of the true Religion established in this Kingdom from which I will never depart as also for your tenderness of my own Safety and security of this State and Government It is against my mind that Popery or Superstition should any way increase within this Kingdom and I will restrain the same by causing the Laws be put in due execution I resolve likewise to provide against the dangers of Iesuites and Priests setting forth a Proclamation with all speed commanding them to depart the Kingdom within one month whereof if they fail or shall return then they shall be proceeded withall according to the Laws Concerning Rosettie you must understand that my Wife hath always assured me that to her knowledge he hath no Commission but only to entertain a persâ—nal Correspondence betwixt Her and the Pope of things requisite for the exercise of Her Religion which is warranted to Her by the Articles of Our Marriage which give Her a full Liberty of Conscience yet I have so perswaded Her that since the misunderstanding of this person's Condition gives offence She will within a convenient time remove him Moreover I will take special care to restrain my Subjects from resorting to Mass at Denmark-house St. Jame 's and the Chappels of Ambassadours Lastly concerning John Goodman the Priest you must know the reason why I reprieved him is that as I am informed neither Queen Elizabeth nor my Father did ever avow that any Priests in their times were executed meerly for Religion which to me seems to be this particular case yet seeing that I am pressed by Both Houses to give way to his Execution because I will avoid the inconvenience of giving so great a discontentment to my People as I perceive this Mercy may produce I remit this particular Cause to Both Houses but I desire you to take into your serious Considerations the inconveniences which as I conceive may upon this occasion fall upon my Subjects and other Protestants abroad especially since it may seem to other States to be a Severity with surprize which I having thus represented to you think my Self discharged from all ill consequences that may ensue upon the Execution of this person Anno 1641. THe Marquis notwithstandiâ—g all the malice he knew some of his Country-men bore him did not slacken his endeavours to bring things to a final Settlement An. 1641. and the high language which was now spoken at Westminster furnished him with too strong Reasons for enforcing the necessity of agreeing with the Covenanters The King yields to all the Demands of the Covenanters At length the King weary of contending so much resolved to yield to most of their Demands For the first of publishing their Acts though it was contrary to the practice of Scotland to hold a Session of Parliament unless the King were present by himself or his Commissioner yet it was represented that was but a point of Form for as they Sate by the Kings Summons so they did not pretend their Votes were Laws without the Kings Ratification and their Sitting in this manner though disorderly could not be so derogatory to the Kings Authority as at first view appeared since it was the constant practice of the Two Houses in England to Sit and Vote in the Kings absence The King was willing all these Acts should be of new voted promising his Royal Assent to them but they were stiff and the King yielded For the Reparation of Losses the King remitted them to the Two Houses who considered their Accompts and gave them a large Brotherly Assistance For the disposal of the Castles the election of the Councellours Officers of State and Judges which the Covenanters desired should be done with Advice of Parliament they went very harshly down with the King But they alledged divers old Laws for their Demands which seemed now necessary to he revived since His Majesty was so seldom in Scotland The Kings great apprehension of this was that it would give a Copy to England for making the like Demands to which it was answered that the Kings residence in England made the case to differ vastly the Scotish Lords engaging upon their Honour to declare in case the Two Houses should make the like Demands they were unreasonable in so doing In a Word the King granted all they demanded only he thought it unjust and unreasonable to grant an Indempnity to the other Party and let his Friends be secluded from it wherefore he pressed nothing so earnestly as that the Oblivion might be without exception and the List of those who were summoned upon the pretence of being Incendiaries was so great that he thought to abandon so many of his Faithful Servants to the violence of the Times was so dishonourable that he could not answer for it neither to God nor man The Covenanters to yield somewhat reduced their great number to five persons who were the Earl of Traquair the Bishop of Ross Sir Robert Spotswood Sir Iohn Hay and Doctor Balcanquell but the King thought he could not yield to that Demand were there but one excepted and told them that though he had better Grounds to pursue some of themselves as Incendiaries yet being willing to dispense with these his Resentments he had reason to expect the same Condescendency from them But they pretended their Bond and Oath for prosecuting of them and though it was told them that an ill Oath was worse kept yet they were stiff and the temper found was that their Processes should go on but their Censure should be remitted to the King and that the Scots should be satisfied with his Assurance that he should imploy them no more in Scotish Affairs without consent of Parliament And thus all things were agreed on and His Majesty determined to go in Person to Scotland to settle matters there but at this time the Scotish Commissioners began to Cabal with the Male-contents in the Two Houses and in particular concurred with them in the pursuit of the Earl of Strafford The Friendship betwixt the Marquis and that Gallant man had been great and intire and as his Testimony in those matters about which he was examined was among the Evidences Strafford had in his Defences so his Confidence in the Marquis did appear by the following handsome Letter he wrote to him a few days before his Death May it please your Lordship HItherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us which might have turned much to your prejudice in a time when
them and possibly by their desperate Resolutions of their Engaging them in a bloody and unnatural War Those Injuries to Vs and Oppreâ—sions upon them We expect you whom We have with Advice of Our Parliament entrusted with managing the greatest Affairs of that Our Kingdom will particularly resent and therefore We have thought fit to require you immediately after the receipt hereof to publish in Our Name a Proclamation to all Our loving Subjects of that Our Native Kingdom prohibiting them under all highest pains to give Obedience to any Act or Ordinance of that pretended Convention or of any Committee pretending a Power or Authority from them but to oppose by Armes or otherways all such Persons as shall endeavour to put in execution any Acts of theirs but such as We expressed in Our Letter We mentioned of the tenth of June which was so much slighted as it was refused to be Recorded for the Raising of Forces or Recalling Our Scotish Army in Ireland or any part thereof without Our Knowledge and Consent and We do likewise require that no Taxes imposed upon Our Subjects by that pretended Authority be paid assuring all Our Loving Subjects of Our Protection in the Obedience of these Our Commands for which these shall be your Warrant which We require you to Record Given at Our Court at Oxford the 26th of September in the 19th Year of Our Reign 1643. With these His Majesty wrote to my Lord Lanerick CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour The Kings Letter to Lanerick We Greet you well We have sent to Our Privy-Council of Scotland Our Letters of Direction what they shall do now that the General Meeting there hath proceeded to such strange and undutiful Resolutions beyond the Matter We prefixed them to treat upon by Our former Letter Of those Our Letters We have sent you an exact Copy and particular Directions to your self what you shall do in order thereunto when you shall think fit for Our Service to make use of the same But We leave it now to your Discretion and the Iudgment of the rest whom We have entrusted with the Affairs of that Our Kingdom to deliver these Our Letters to Our said Privy-Council at that time and no sooner than you shall conceive to be most conducible to Our Service and the Good of that Kingdom for if you shall find that no Obedience is likely to be given to those Our Commands you are to consider how far you who are Our faithful Servants there will be able to withstand those Insolences which of necessity must follow upon such Disobedience and what the Consequence will be to anger before We be able to punish such Offenders But Our Will is that you forthwith publish the other anent the Proclamation Precept or Warrant falsly published in Our Name and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive most to conduce to Our Service as you will answer to Vs at your peril and for so doing this shall be a sufficient Warrant to you and those others entrusted by Vs as aforesaid Given at Our Court at Oxford 26th of September 1643. The Lords whom His Majesty trusted judged it not fitting to present the Letter written to the Council and suppressed it But His Majesty wrote another Letter to the Council about the Proclamation which was issued forth in his Name by the Convention of Estates which follows CHARLES R. The Kings Letter about the Proclamation to the Council RIght Trusty and Right well-beloved Cousin and Councellours and Trusty and well-beloved Councellours We greet you well Whereas We were graciously pleased to condescend that this present Meeting in Our Kingdom of Scotland of Our Nobility there and the Commissioners for Shires and Burroughs should resolve and conclude of such particular Affairs as We specified and allowed to them for the Security and Good of that Our Kingdom in Our late Letters to them dated the 10th of June last and for as much as we have to Our great amazement newly seen a Paper in form of a Proclamation Precept or Warrant in Our Royal Name dated at Edinburgh the 18th of August subscribed Per Actum Dominorum Conventionis Arch. Primrose Cler. Conven Being a Paper most impudently set forth without Our Privity or any Authority from Vs and tending to cast Our beloved People of that Our Native Kingdom into the like and more bloody Combustions and Rebellions Violation of their Religion and Allegeance to Vs and Laws of that Our hitherto peaceful Native Kingdom as hath been here practised by the malicious enemies of Peace and Government We have therefore upon good Deliberation and out of Our Princely and Gracious Care of Our People and of the Tranquility of that Our Native Kingdom as it was so lately and well setled by Our Self thought fit to Declare and we do hereby Declare unto you that We utterly dislike and disallow it forbidding all Our Subjects to obey the same and all other Papers published in Our Name which shall not immediately be warranted by Vs and We do hereby will and command you forthwith openly to publish these Our Letters to let all Our People understand Our Pleasure herein And lastly Our Pleasure and Command is that you cause these Our Letters to be forthwith recorded in the Books of Our Privy Council of that Our Native Kingdom for all which these Our said Letters shall be your sufficient Warrants Given at our Court at Oxford the 26th day of September in the 19th Year of Our Reign 1643. He wrote also to the same purpose to the Earl of Lanerick CHARLES R. His Majesties Letter to Lanerick to the same purpose RIght Trusty and Right well-beloved Cousins and Councellour We Greet you well Whereas We have thought fit for the Good of Our Service and Safety of Our People to require Our Council to publish a Proclamation in Our Name to all Our loving Subjects in Scotland discharging them to give Obedience to any Act or Ordinance of the Pretended Convention of the Estates at Edinburgh the 22d of June or of any Commitee pretending Authority from them but to oppose with Arms or otherways all such Persons as shall endeavour to put in execution any Act of theirs but if Our Privy Council shall not give present Obedience to Our Commands and publish this Our Pleasure these are to require you to take what Course you shall think most fit to make this Known to all Our loving Subjects either by giving Warrant in Our Name to Print Our Letter to Our Council or by sending attested Copies thereof to all the Nobility Sheriffs of Counties and Majors of Towns within Our Kingdom of Scotland a Duplicate whereof you will herewith receive under Our Own Royal Hand and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive
raised Regiments of five or six Troops on their own expences And though it is not to be imagined that the publick Expence of so great a Design was not likewise great yet there was a sad want of Money which the Duke and his Brother did all they could to supply as far as their Credit could go and raised above two and twenty thousand pounds sterling for prosecuting of the Engagement and were on all publick occasions so liberal of their own Money as if some Bank had been put into their hands The Curses the Ministers thundred against all who joyned in this Engagement made the Souldiers very heartless being threatned with no less than Damnation This obliged the Lords to use Force in some places for carrying on their Levies and indeed the Ministers counter-acting the State was such that it is hard to judge whether their Boldness or the Parliaments Patience was most to be wondred at The Lords resolved to chastise them to purpose in due time but judged the present time improper for it and to carry on the Levies the better the Parliament adjourned for three weeks So the Lords went to the several places of their Interests leaving a Committee behind them at Edinburgh but before their Adjournment they wrote the following Letter to the Presbyteries The Parliaments Letter to the Presbyteries THe many Scandals that are tâ—rown on our Actions by the favourers of Sectaries and haters of the Person of our King and Monarchical Government invite us to this extraordinary Address to you conjuring you as you will answer the Great God whose Servants you are not to suffer your selves to be possest with unjust and undeserved Prejudices against us and our Proceedings who have since our late Meeting in Parliament preferred no earthly thing to Religion and the promoving all the ends of our Covenant and have constantly used all real Endeavours to have carried on these Duties to the satisfaction of the most tender Consciences and especially by our great Compliance with the many Desires from the Commissioners of the General Assembly we have proceeded to greater discoveries of our Resolutions in the ways and means of managing of this present Service than possibly in prudence we ought to have done having so near and active Enemies to oppose us neither can it with any Truth or Iustice in any sort be alledged that we have in the least measure wronged or violated the least Priviledges and Liberties of the Church or taken upon us the determination or decision of any matters of Faith or Church-discipline though we be unjustly charged with making an Antecedent Iudgment in matters of Religion under pretence whereof great Encroachments are made on our unquestioned Rights for what can be more Civil than to determine what Civil Duties we ought to pay to our King or what Civil Power he ought to be possessed of and if we meet with obstructions and opposition in carrying on these Duties are not we the only Iudges thereof is there any other Authority in this Kingdom but that of King and Parliament and what flows from them that can pretend any Authoritative Power in the choice of the Instruments and Managers of our Publick Resolutions is it a Subject for the Dispute of Church-Iudicatories whether His Majesty have a Negative Voice or not These things certainly cannot be pretended to by any Kirk-man without a great Vsurpation over the Civil Magistrate whereof we are confident the Church of Scotland or any Iudicatory thereof will never be guilty nor fall into the Episcopal disease of meddling in Civil Affairs and if any have already in these Particulars exceeded their bounds we expect the ensuing General Assembly will censure it accordingly and prevent the vilifying and contemning the Authority of Parliament by any of their Ministers either in or out of their Pulpits who shall offer to stir up the Subjects of this Kingdom to disobey or deny to give Civil Obedience to their Laws it being expresly prohibited by the 2 and 5 Acts of King James the sixth his eighth Parliament Anno 1584. That none of His Majesties Subjects under pain of Treason impugne the Authority of Parliament And therefore seeing the Cause is the same for which this Kingdom hath done and suffered so much and that we are resolved to proceed for the Preservation and Defence of Religion before all wordly Interest whatsoever and to carry on sincerely really and constantly the Covenant and all the Ends of it as you will find by our Declaration herewith sent to you we do confidently expect that as the Ministers of this Kingdom have hitherto been most active and exemplary in furthering the former Expeditions so now you will continue in the same Zeal to stir up the People by your Preaching and Prayers and all other ways in your Calling to a chearful Obedience to our Orders and Engageing in the business that you will not give so great advantage to the Enemies of Presbyterial Government and bring so great a Scandal on this Church as to oppose the Authority of Parliament or obstruct their Proceedings in their necessary Duties for the good of Religion Honour and Happiness of the King and his Royal Posterity and the true Peace of His Dominions Signed by Order of Parliament Alex. Gibsone Clerk Regist. Edinburgh May 11 1648. The Parliament having resolved to raise an Army for the Kings Relief The Parliament sends for the Scotish Army in Ireland found it expedient for encreasing the number and strength of their Forces to send to Ireland for a part of their Scotish Army there which as was told An. 1642 had been sent from Scotland thither by Commission from the King under the Great Seal and upon a Treaty and Establishment betwixt the two Nations for suppressing the Irish Rebellion and for perswading them to desert for so Noble an Undertaking their Interest in Ireland which was very considerable for there was above seven hundred and seventy thousand pound sterling of Arrear resting to them upon a stated Accompt fitted by Persons intrusted by the Parliament of England and Commissioners from them preceding the 16th of Iune 1647 besides a year more until Iune 1648 not at all reckoned they sent over three of their number two Knights Sir Iames Macdougal and Sir William Cocheran now Earl of Dundonald and Mr. Crawford Burgess of Linlithgow with Letters and Instructions to that purpose They were kindly received by such of the Officers as had chief Power there but most unwelcome to a contrary Party who had notice how averse the Kirk to which they were addicted had declared themselves from the Designs of that Parliament nevertheless it was quickly agreed to that about twelve hundred Horse and two thousand and one hundred Foot should be provided and regimented and transported to Scotland to be conducted by Sir George Monro in the quality of a Major-General and to be joyned with the Dukes Armie At Westminster they were in great Confusion fearing that the General
and Argyle as also to fix themselves at Sterlin as a secure place and convenient for maintaining their Army and for raising the whole Country on the north of Forth or fighting if occasion should offer At Linlithgow the Earl of Cassilis with about four or five hundred Horse was almost surprized but by the darkness of the night he escaped towards Burroughstownness and the Queens-ferry and so to Edinburgh Lieutenant-General Lesley with his new Army followed upon the others Rear near Linlithgow but was loth to engage having little Confidence in his Men although he was hard pressed to it for preventing the danger Argyle might fall into at Sterlin and Sir George Monro would willingly have turned upon him but that he was earnest once to be at Sterlin where he hoped to fall upon Argyle and his Party and therefore hasted forward At Larbour he was assured that Argyle with about sixty Horse and a thousand Foot all Highlanders was in the Town of Sterlin and fell on Argyle at Sterline keeping a Committee and treating with the Castle wherein was the Kings Garrison commanded by Norman Levingstoun for a Surrender upon that Sir George hasted on with the Cavalry commanding the Foot to follow in order as fast as they could which they did at a good pace A Gentleman coming from Sterlin met Sir George about St. Ninians and told him that the Barras-port was shut and manned and that he must pass through the Park round about the Castle to gain the Bridge and prevent Argyle's Flight and as he came near the Castle the Governour displayed the Kings Colours upon the Walls and caused the Cannon to play upon the Bridge where he perceived some of Argyle's People withdrawing The difficulties Sir George met with in opening the Park-Gate and breaking down some Stone-walls to make a passage for the Horse gave time to the Marquis of Argyle to get himself and his Troopers mounted They pass'd the Bridge in haste a very little before Sir George who with five Horsemen pursued them a good way the Highlanders marching close together to pass after their Lord were assaulted by the first Troop that came up after Sir George they made some sort of confused resistance but were instantly trod down and scattered and forced to call for Quarter about a hundred were killed and drowned attempting to swim the River the rest taken Prisoners being betwixt eight or nine hundred Upon this Orders were dispatched from the Committee of Estates for raising all the sensible men in the Northern Shires to joyn with those at Sterlin and Lanerick went to Perthshire to invite the Nobility to joyn Upon which the Lord Ogilvy and the Lord Drummond came with some Propositions to the Committee of Estates yet all means were essayed to bring the Matter to a Treaty The Earls of Crawford and Glencairn had drawn the Earl of Buckleugh and Mr. Robert Douglas and Mr. Robert Blair two leading Ministers from Edinburgh to a private Conference with them where Crawford and Glencairn moved that the Committee sitting at Edinburgh might come and reside there for perfecting of the Treaty whilst their Forces should continue at Sterlin A Treaty is pursued which was flatly denied them Here the Ministers were very earnest with these Lords that matters might be accomodated The Lords moved That nothing might be done to derogate from the Authority of Parliament and Committee of Estates That the Officers and Souldiers then in Arms by their Authority might be provided for and entertained That at least if there was no further use for their Service the Articles agreed to by the Parliament for these Forces that came from Ireland might be duly kept to them and that some consideration might be given to the rest of the Forces that were to be disbanded That none who had entred into that Engagement might be questioned for it but enjoy still their Offices Honours and Fortunes and other Civil Places That an effectual Course might be agreed on for the Relief of their Friends detained Prisoners in England and finally That the Committee might sit with Freedom in the ordinary Place and by advice of the Church consider of the dangers of Religion of his Majesty and his Posterity and and of the Peace and Safety of his Kingdomes that so by joynt advice such ways might be taken as would best secure Religion preserve his Majesty and his Posterity and quiet the Distempers of the Kingdom The Ministers on the other hand proposed That all Armies whether in the Fields or in the Garrisons of Berwick or Carlisle should be presently disbanded That the securing the Interest of Religion might be referred to the General Assembly or their Commissioners and all Civil Differences to the Determination of a Parliament to be speedily called That in the mean time there should be a Committee of Estates in which none should be admitted that had concurred in the late Engagement but withall they gave them good assurances both for the Prisoners in England and for themselves that no Prejudice should follow on any for their accession to the Engagement and when the Earl of Glencairn said perhaps nothing would be kept of all that should be agreed to Mr. Douglas answered that if but a tittle of the Agreement were broken all the Pulpits in Scotland should declare against it But now Argyle having escaped from these who pursued him was joyned to the Western Forces commonly called Whiggamores and he being irritated with what befell him at Sterlin was for severer Methods They resolved to invite the English Army to their Assistance to which Cromwel was not backward both that he might recover Berwick and Carlisle and destroy all the Kings Friends The Whiggamores did also know well how averse the Committee of Estates were from Engaging into Action and that they intended to make Peace on any terms therefore they grew high in their Propositions and at Sterlin the other Party was much divided for most of the Committee of Estates were for a Treaty and most of the Officers of the Scotish Forces were Capitulating for themselves The chief Arguments proposed to perswade the necessity of this Agreement were the improbability if not impossibility of resistance if Cromwel should joyn the Enemy who had already invited him to Edinburgh by a Message sent him to Berwick by Argyle Elcho and other two Commissioners which they doubted not but he would accept The fear this Conjunction would beget in the Country would hinder their Rising and drive their Army either to a want of Subsistence or to destroy their Friends and turn them Malecontents first and then Enemies but above all some pretended the fitness of preserving the Kings Friends and Favourers to a better opportunity for his Service which they hoped would quickly offer it self It was objected against the Treaty That the Relief of their Prince from such a cruel Captivity was a just cause That they had Law and Authority upon their side and so ought not to be
steps their Progenitors went in or had departed from them therefore I told the Duke and Dutchess of Hamilton that now are that if I might have the favour and trust of perusing such Papers as remained in their hands I should do my endeavours to make the best use of them I could upon which they were pleased to send them all to me The Collection was great and in as great disorder yet by a little care I brought them into some Order and found I had very authentical and full Materials for a greater Work than I had at first designed but having read many scandalous Pamphlets that had charged these Dukes in divers particulars with an equal degree of Injustice and Malice I found it necessary to enquire as far as their Papers could carry me into the Truth of these Reports which forced me to be more particular than had been otherwise needful And yet I hope the Reader shall have no great cause to complain of my tediousness but that he shall find an Entertainment through the whole Work that shall not be unpleasant to him I have opened the Intrigues and Counsels of those Times as clearly as I could This some that perused the Work have censured much as a disclosing the Secrets of Government and because in some places errours of Government are neither concealed nor palliaâ—ed some advised me to pass these over and not insist on them but with this I could-by no means comply for I know no good that History does the World so much as the making Posterity the wiser both by shewing the Faults of Ministers that raised the Discontents and the Follies and Madness of those who put all in confusion to get Grievances redressed For the Iealousies that were conceived either from the ill opinion of Ministers or the consciousness of their own Guilt made the Fomenters of those Troubles think that neither Concessions nor Pardons were a sufficient Security but that assoon as the Country and Government was settled what they had done would be remembred and punished and did drive the Faction much further than it seems they intended at first All this I wrote with the more Assurance after I had presumed to tell His Majesty that since I was writing of the late Times I sound it necessary to set down some Errours that were committed even by some of the Ministers of the King his Blessed Father and I could give no true account of matters if these were not likewise related upon which His Majesty most graciously told me That such things were unavoidable in a History and therefore He allowed me to tell the Truth freely Vpâ—â— so gracious a Permission I was the more emboldened to lay open things clearly and to trace the Troubles of Scotland to their first Beginnings It is true there were some things that had much influence on Peoples Minds of which I have given no Account having found no Papers in this Collection to direct me in them and these were the whole Progress of the Design for thâ— Resumption of the Tithes into the Crown and the restoring them to the Church with all the steps that were made in it which was so nice a point and had so much of the subtilties of Law in it that I did not think fit to meddle with it especially it not lying before me in these Papers nor having any Relation to the Concerns of these two Brothers The other was the Proceeding in Parliament Anno 1633 when His late Majesty was Crowned with the Petition that was afterwards drawn for which the Lord Balmerino was tried and found Guilty and had Sentence of Death passed on him Then did the Party begin to be more united and secret Engagements were given either to rescue him by Force or to revenge his Death upon which the Earl of Traquair procured a Pardon for him but from that time the date of the Confederacy of that Party is to be reckoned and though it lay quiet for some years yet it was still fermenting which made it burst forth upon the Crisis that afterwards appeared They were also much encouraged to all that followed by the Informations they had of the Malecontents in England for a Gentleman of Quality of the English Nation who was afterwards a great Parliament-man went and lived some time in Scotland before the Troubles broke out and represented to the men that had then greatest Interest there that the business of the Ship-mony and the Habeas Corpus with divers other things of which there was much noise made afterwards had so irritated the greatest part of the English Nation that if they made sure work at home they needed fear nothing from England And of this the Duke of Hamilton who had lived so many years in England could not be ignorant for so great a disease in the Body Politick as a Civil War does not break out on a sudden but there go before it many Symptomes which are well discerned by men of Iudgment and Fore-sight the matter must be brought to the nature of Tinder or Gun-powder before a Spark can set it on Fire And it was the Prospect he had of what was like to follow in England if once a War begun that made him employ all his Endeavours to carry the King to as full Concessions as he could possibly obtain This to such as do not reflect on the State of England at that time may perhaps appear mean or Malice may give it a worse Character But as no sort of provocation will justifie any man though of the clearest Courage that will go and fight with a Sword loose in the hilt but he must be concluded rash and inconsiderate so the Duke knowing the disjoynted condition of England and apprehending that by all appearance the War would be unsuccessful and that the Demands of the Faction would then grow higher did as became a Wise and Faithful Minister in trying all the ways he could think of to settle Matters before there should be any Breach since the keeping the Kingdom in quiet though upon terms which had been hard to the King and derogatory to His Authority was much to be preferred to a War that was like to prove fatal to the King and Kingdoms For all that while the Affection of the English to the Party in Scotland did discover it self in many high Expressions which others could not but see and the King sadly but too late felt afterwards for Princes most commonly see such things last of all their People their pretending Flatterers who are in truth their greatest Enemies keeping up such Advertisements from them as long as can be as if one out of fear to awaken his Master should let him sleep when his House is on fire till it were scarce possible for him either to quench or escape the Flames All these things concurred to set on the hot Zealots to begin the Troubles that ended so tragically in the Murder of the King and Slavery of the Nations And therefore nothing seems more
is here said of these matters shall be It is well known that in Scotland the first Reformation from the corruptions of Popery was Popular without the concurrence or allowance of Supreme Authority though the Nobility for the most part joyned in it and the Preachers being the chief actors and prosecutors of it came to have great power over the People and interest with the Nobility The Ministers were popular and factious It continued thus during King Iames his Minority but no sooner came he to assume the Government and to consider the state of the Kingdom than he found the power the Ministers had with the People was swelled to such insolence that it was more than necessary to limit it to its just bounds for nothing passed in the Court or Council but their Pulpits did ring with it and no favour was shewed to any that were Popishly affected but Jealousies were infused into the minds of the People as if Religion had been in hazard and the People being then in their first fervours against Popery were apt to take those Alarms pretty hot neither did the King cherish any who was not devoted to them but they did represent him a Favourer of Popery They also held Opinions which savoured too much of that Church which was so odious to them concerning the power of their Assemblies and their not being accountable for what they preached how Treasonable soever till it were first judged by the Church-Judicatory where all such things were sure of a mild Censure to say no worse divers other Tenets they held which were judged inconsistent with good Government But many of them being popular Preachers and of insinuative tempers they were much depended upon by the People who looked on all their Excesses as holy zeal King Iames bent all his thoughts to the regulating of this King Iames brought in Episcopacy and judging that the onely course to effectuate it was to have some few of greater temper and discretion to be set over the rest he studied by all means to get Episcopacy introduced in Scotland promising himself by that means an infallible remedy of all these Evils of which he was extremely sensible though his great Gentleness made him very slow in punishing them but they foreseeing well the Kings Intentions and the effects they might produce did as cautiously resist all his attempts that way though not without great and long opposition I shall not tell what endeavours that wise and peaceable King used for compassing of his designs nor with what hindrances they were obstructed but no sooner was he happily settled on the Throne of England but he went more roundly to work and yet it was not without opposition that he got Episcopacy settled and ratified in Parliament Anno 1612. But though great art was used to get Assemblies framed to the Kings designs he could never compass it Episcopacy being settled King Iames also erected a High Commission Court for punishing such as offended against that Constitution of the Church This Court was made up of Bishops and other Noblemen and Gentlemen but the Bishops being those who kept the Diets of it best most of the Secular persons absenting themselves often on design and the Bishops leading all matters in it it was counted their Court and the odium of all that passed there fell to their share This step being made King Iames advanced towards an Uniformity with England in Worship and other Ceremonies moved to it either that he might thereby make way for the Union of both Kingdoms which of all things he most desired or that he might root the seeds of Puritanism out of Scotland But in this he met greater opposition and all the progress he made in it was that in one Assembly it was decreed there should be a Liturgy drawn for the use of the Church of Scotland and in another at Perth the Five Articles that bore the name of that place were settled not without great contradiction and these were the Confirmation of Children Private Baptism Private Communion in cases of necessity Kneeling in Communicating the Observation of the Holy days of the Nativity Passion Resurrection Ascension and Pentecost Those were also established in Parliament Anno 1621. where the Marquis his Father was Commissioner and managed that Affair so dexterously that it gained him an equal share of esteem and hatred these things being generally very odious As King Iames was going on warily in this design he died King Iames dies lamented and admired by all the World and even those who had irritated him most when alive did bewail his Death with deep and just regrates He was succeeded in his Throne by his onely Son CHARLES the First who was zealously conscientious for Episcopacy King Charles goes on in hiâ— designs for the Church so what his Father begun out of Policy was prosecuted by him out of Conscience The Bishops therefore were cherished by him with all imaginable expressions of kindness and confidence but they lost all their esteem with the People and that upon divers accounts The People of Scotland had drunk in a deep prejudice against every thing that savoured of Popery Prejudices are conceived against the Biâ—hops This the Bishops judged was too high and therefore took all means possible to lessen it both in Sermons and Discourses mollifying their Opinions and commending their Persons not without some reflections on the Reformers But this was so far from gaining their design that it abated nothing of the zeal was against Popery they are charged with Popery but very much heightned the rage against themselves as favouring it too much There were also subtile Questions started some years before in Holland about Predestination and Grace and Arminius his Opinion and Arminianism as it was condemned in a Synod at Dort so was generally ill reported of in all Reformed Churches and no-where worse than in Scotland but most of the Bishops and their Adherents undertook openly and zealously the defence of these Tenets and breach of Sabbath Likewise the Scotish Ministers and People had ever a great respect to the Lords Day and generally the Morality of it is reckoned an Article of Faith among them but the Bishops not onely undertook to beat down this Opinion but by their Practices expressed their neglect of that Day and after all this they declared themselves avowed Zealots for the Liturgy and Ceremonies of England which were held by the Zealous of Scotland all one with Popery Upon these accounts it was that they lost all their esteem with the People Neither stood they in better terms with the Nobility The Nobility became jealous of them who at that time were as considerable as ever Scotland saw them and so proved both more sensible of Injuries and more capable of resenting them They were offended with them because they seemed to have more interest with the King than themselves had so that Favours were mainly distributed by their
recommendation they were also upon all Affairs nine of them were Privy Counsellours divers of them were of the Exchequer Spottiswood Archbishop of S. Andrews was made Chancellour and Maxwell Bishop of Ross was fair for the Treasury and engaged in a high rivalry with the Earl of Traquair then Treasurer which tended not a little to help forward their Ruine And besides this they began to pretend highly to the Tithes and Impropriations and had gotten one Learmonth a Minister presented Abbot of Lindoris and seemed confident to get that State of Abbots with all the Revenue and Power belonging to it again restored into the hands of Churchmen designing also that according to the first Institution of the Colledge of Justice the half of them should be Churchmen This could not but touch many of the Nobility in the quick who were too large sharers in the Patrimony of the Church not to be very sensible of it They were no less hateful to the Ministry because of their Pride which was cried out upon as unsupportable Their Presbyters dislike them Great complaints were also generally made of Simoniacal pactions with their Servants which was imputed to the Masters as if it had been for their advantage at least by their allowance They also exacted a new Oath of Intrants besides what was in the Act of Parliament for obedience to their Ordinary in which they were obliged to obey the Articles of Perth and submit to the Liturgy and Canons They were also making daily Inroads upon their Jurisdiction of which the Ministers were very sensible and universally their great rigour against any that favoured of Puritanism together with their medling in all Secular Affairs and relinquishing their Dioceses to wait on the Court and Council made them the object of all mens fury The Liturgy is appointed for Scotland But that which heightned all to a Crisis was their advising the King to introduce some Innovations in the Church by his own Authority things had prospered so ill in General Assemblies that they thought of these no more And in the Parliament 1633. that small addition to the Prerogative that the King might appoint what Habits he pleased to the Clergy met vigorous opposition notwithstanding the King seemed much concerned for it those who opposed it being sharply taken up and much neglected by His Majesty which stuck deep in their hearts the Bishops bearing all the blame of it At this time a Liturgy was drawn for Scotland or rather the English reprinted with that Title save that it had some Alterations which rendred it more invidious and less satisfactory and after long consulting about it and another Book of Canons they were at length agreed to that the one should be the form of the Scotsh Worship and the other the Model of their Government which did totally vary from their former Practices and Constitutions and as if all things had conspired to carry on their Ruine the Bishops not satisfied with the general High Commission Court produced Warrants from the King for setting up such Commissions in their several Dioceses in which with other Assessors Ministers and Gentlemen all of their own nomination they might punish offenders That was put in practice onely by the Bishop of Galloway who though he was a pious and learned man yet was fiery and passionate and went so roundly to work that it was cried out upon as a yoke and bondage which the Nation was not able to bear And after all this the King advised by the Bishops commanded the Service-book to be received through Scotland and to be read according to the new book at Edinburgh on Easter-day in the year 1637. yet by the Council it was delayed till the 23th of Iuly A Tumult at reading Divine Service but then it met with a tumult from Women and the meaner sort of people whom though none owned in that Attempt yet there wanted not enough who suspected them to have been set on by others However certain it was that the constant Discourse of the discontented Ministers and Noblemen was that Popery was to be introduced and Liberties like to be destroyed and the Bishops to blame for all By such Insinuations it was that the People were animated unto an unparallelled Fury so that they threw Stools at the Dean of Edinburgh when he begun to read the Service and interrupted it often notwithstanding all the means used by the Lords of Council and Magistrates of Edinburgh to hinder it The Lords of Council as they complained to the King of this Disorder so they spared not to lay the greatest blame of it upon the Bishops which appears from the following Letter written by the Earl of Traquair to the Marquis My Noble Lord AT the meeting of the Council here at Edinburgh the 23th of this instant Traquair 's Letter about the occasion of the Troubles we found so much appearance of Trouble and Stir like to be amongst people of all qualities and degrees upon the urging of this new Service-book that we durst no longer forbear to acquaint His Majesty therewith and humbly to represent both our Fears and our opinions how to prevent the Danger at least our opinions of the way we would wish His Majesty should keep therein or before he determine what course to take for pacifying of the present Stir or establishing of the Service-book hereafter wherein all I will presume to adde to what the Council hath written is to intreat your Lordship to recommend to His Majesty that if he be pleased to call to himself any of the Clergie he would make choice of some of them of the wisest and most calm Dispositions for certainly some of the leading men amongst them are so violent and forward and many times without ground or true judgment that their want of right understanding how to compass business of this nature and weight does often breed us many difficulties and their rash and foolish Expressions and sometimes Attempts both in private and publick have bred such a Fear and Iealousie in the hearts of many that I am confident if His Majesty were rightly informed thereof he would blame them and justly think that from this and the like proceedings arises the ground of many Mistakes amongst us They complain that the former Ages have taken from them many of their Rents have robb'd them of their Power and Iurisdiction and even in the Church it self and Form of Gods Worship have brought in some things that require Reformation but as the deeds of these Times at least the beginnings thereof were full of notour and tumultuary disorder so shall I never think it will prove for the good either of Gods Service or the Kings by the same ways or manner of dealing to press to rectifie what was then done amiss We have a wise and judicious Master who will nor can urge nothing in this poor Kingdom which may not be brought to pass to his contentment and I am most confident if he shall
impropâ—r person to be imployed for drawing those sinistrous Jealousies out of the Subjects minds But His Majesty confiding as well in the Marquis his Abilities as trusting to his Fidelity was resolved on the Choice and did first communicate it to himself he told His Majesty That Life and Fortune and all he had he would never stick to hazard for his Service but this Imployment was full of danger the success of it was at least dubious and he was very much a stranger to Scotish Men and Affairs and he could not but foresee how it should endanger his losing what next his Salvation he valued most which was His Majesties Favour however he was absolutely at His Majesties disposal My Lord Lorn eldest Son to the Earl of Argyle and after him Earl Traquair and divers of the Nobility came to Court at this time who were also followed by some of the Clergy The Covenanters made likewise a new Address to the Scotish Lords at Court full of Complaints of the harsh usage they had met with from the Council together with their Grievances which Paper with their Letter dated the 28th of April is extant Signed Rothes Cassils and Montrose consisting of Eight Articles ARTICLES for the present Peace of the Kirk and and Kingdom of Scotland IF the Question were about such matters as did come within the compass of our own power we would be ashamed to be importunate and should be very easily satisfied without the smallest trouble to any but considering thaâ— they are the matters of Gods honour of the Kingdom of Christ and the peace of our Souls against the Mystery of Iniquity which we clearly perceive to have been uncessantly working in this Land since the Reformation to the ruine of true Religion in the end it cannot stand with our duty to God to our King to our Selves and Posterity to crave or be content with less than that which the Word of God and our Confession of Faith doth allow and which may against our Fears establish Religion afterwards The discharging of the Service-Book the Book of Canons and of the late High Commission may be a part of the satisfaction of our humble Supplications and just Complaints which therefore we still humbly desire but that can neither be a perfect Cure of our present Evils nor can it be a Preservative in time to come When it is considered what have been the Troubles and Fears of His Majesties most loyal Subjects from the High Commission what is the nature and constitution of that Iudicatory how prejudicial it proves to the lawful Iudicatories of the Kirk and Kingdom how far it endangers the Consciences Liberties Estates and Persons of all the Lieges and how easily and far more contentedly all the Subjects may be keeped in order and obedience to His Majesties just Laws without any terrour of that kind we look that His Majesties Subjects who have been used to obey according to the Laws shall be altogether delivered from the High Commission as from a yoke and burden which they feel and fear to be more heavy than they shall be ever able to bear Remembring by what wayes the Articles of Perth were introduced how strangely and with what opposition they were carried in the Assembly upon what Narrative they were concluded how the Ratification in Parliament was not desired by the Kirk but earnestly supplicated and protested against how they have been introductory of the Service-Book whereof now they are become Members and in their nature make way for Popery whatsoever hath been the intentions of the Vrgers and withall what Troubles and Divisions they have caused these twenty years in this Kirk and Kingdom and what Iealousies between the Kings Majesty and His Subjects without any Spiritual profit or edification at all as we can see no reason why they should be urged by Authority so can we not find but we shall be more unable to digest them than in the beginning when we had not as yet tasted and known how bitter and unwholsome they were The Iudgements of the best Divines of the Reformed Kirks and of the most Pious and Learned of this Kirk since the Reformation concerning the Civil Places and Offices of Kirkmen and concerning the Vote of Ministers in Parliament have been made known in divers general Assemblies which moved the Assemblies of this Kirk when they could not by their modest opposition prevail to limit the Ministers that were to Vote in Parliament by any particular Cautions agreed upon at first and ordained to be inserted in the Act of Parliament and by other Cautions to be made afterward as tâ—e Assembly should find meet and necessary and therefore if we will declare our minds after lamentable experiences of the Evils which were then foreseen feared and foretold we cannot see how Ministers voting in Parliament absolutely without the limitation of these Cautions can be thought fit to Vote in the name of the Kirk We have no Grievance more universal more ordinary and more pressing than that worthy men who have Testimonies of their Learning from Vniversities and are tried by the Presbyteries to be qualified for the Work of the Ministery and for their Life and Gifts earnestly desired by the whole People are notwithstanding rejected because tâ—ey cannot be perswaded to Subscribe and Swear such unlawful Articles and Oaths as have neither warrant of the Acts of the Kirk nor Laws of the Kingdom and others of less worth and ready to Swear for base respects unworthy to be mentioned are obtruded upon the People and admitted to the most eminent Places of the Kirk and Schools of Divinity which causes continual Complaints makes the People run from their own Kirks refuse to receive the Sacrament at the hands of the Ministers set over them against their hearts or to render them that Honour which is due from the People to their Pastors and is a mighty hindrance to the Gospel to the Souls of the People and to the Peace of the whole Kirk and Kingdom all which might be easily helped by giving place to the 114 Act of Parliament 1592. declaring That God hath given to the Spiritual Office-bearers of the Kirk Collation and Deprivation of Ministers and ordaining that all Presentations to Benefices be directed to particular Presbyteries in all time coming with full power to give Collation thereupon they being the lawful Office-bearers of the Kirk to whom God hath giâ—en that right which therefore never was nor can be taken from them and so conferred upon others at that they shall be quite secluded therefrom The lawful and free National Assemblies of this Kirk warranted by Divine Authority ratified by Acts of Parliament keeped in other Reformed Kirks and in this Kirk since the Reformation and acknowledged by King James to be the most necessary means for preservation of Piety and Vnion and for extermination of Heresie and Schism who willed therefore that the Act of Parliament for convening the General Assemblies once in the year should stand
the use of the new Service-book are to be suspended and to be of no force hereafter You shall declare Our pleasure to Our two Archbishops as soon as the Country is any way settled that it is Our Pleasure that every Bishop shall live within his own Diocess except upon his own urgent occasions or that he be commanded from Vs or the Council to attend there for Our Service which I intend as seldom as may be You shall refuse Complaints against no man in particular whether Officers of State Councellours or Bishops so that it be against their Persons and not their Places All those Ministers who have been displaced by the seditious Multitude are to be so soon as conveniently may be repossessed again as they were As for silenced Ministers you may connive at their Preaching if you find it may tend to the quieting of the Country For the Organs in the Abby-Church We leave them to your discretion when to be used and to advertise Me of your opinion You are to cause insert 6 Weeks in Our Declaration for the delivery up of the Covenant and if you find cause less You shall declare that if there be not sufficient Strength within the Kingdom to force the refractory to Obedience Power shall come from England and that My Self will come in Person with them being resolved to hazard My Life rather than to suffer Authority to be contemned If you shall find cause you are to raise a Guard of 200 or more to attend Our Council You may treat with the Earl of Marr for the keeping of Our Castles of Edinburgh and Sterlin and for the present he must be charged with their safe Custody You shall take seriously into consideration the Copper-coyn and declare Our willingness to remedy the Evils that have risen thereby or what else the Subjects may justly complain of You may declare that as We never intended to assume the Nominating the Provost of Our Town of Edinburgh so We mean not by Our too frequent Letters to hinder the free Election of their own Officers You may likewise declare if you find cause that as We never did so by Gods Grace We never will stop the course of Iustice by any private directions of Ours but will leave Our Lords of Session and other Iudges to administer Iustice as they will be answerable to God and Vs. If you cannot by the means prescribed by Vs bring back the refractory and seditious to due Obedience We do not onely give you Authority but command all hostile Acts whatsoever to be used against them they having deserved to be used no other way by Vs but as a Rebellious People for the doing whereof We will not onely save you harmless but account it as acceptable Service done Vs. Such of these Instructions as you shall find cause We give you leave to divulge and make use of as you find Our Service shall require C. R. At Whitehall the 16th May 1638. All things being thus expeded he took leave a few days after The Marquâ—â— goes for Scoâ—land His Majesty having ordered him to write often to himself and to my Lord of Canterbury he being the onely English person trusted with the secrets of that business The Earl of Sterlin was then Secretary of State for Scotland but as the Copper-coyn made him at that time odious there so he was little esteemed in the Court and not at all imployed in Affairs except in matters of course Sir Henry Vane and the Marquis had contracted a Friendship in the Swedish Camp and so did keep a Correspondence yet that was most about accounts of the posture the King was in in England and what he could do by Force if Treaty could not prevail But with my Lord of Canterbury he kept a constant and free Intercourse and whatever that Archbishop might have been formerly in Scotish Affairs being abused by persons who did not truly represent them to him he was certainly a good Instrument this year which appears from his Letters to the Marquis with the Copies of his Returns which are extant where there were great Jealousies of him My Lord Commissioner begun his Journey about the end of May and on his way he met Letters from Scotland telling him that great Jealousies were raised and vented upon his advertising so many to meet him as if he had some strange design and that his Vassals in Cliddisdale were under high pains discharged to come and pay the duty they owed the Kings Commissioner and their own Superiour On the third of Iune he came to Berwick and there the Earl of Roxburgh met him who told him in what fury all People were and how small hopes there remained of prevailing upon the grounds he was to go on he answered he was resolved to follow his Instructions and be at his hazard Next day the Earl of Lauderdale with my Lord Lindsay came to him and from the later he learned that they would never give up the Covenant that they would have the five Articles of Perth abolished Episcopacy limited so that it should be little more than a Name and if these things were not granted them and a General Assembly and Parliament not called quickly they would call them themselves before the great Crouds at Edinburgh were scattered There was also no small Disorder in Edinburgh at this time for they had notice that there was a Ship in the Road loaded with Arms and Ammunition from which they took the Alarm having it represented much beyond the truth 200 Musquets and as many Pikes with a small quantity of Powder being all the Arms that were in the Ship They resolved to go out the next day and seize the Ship which had been easily done it being onely a Merchant-Vessel but the Earl of Traquair apprehending the hazard caused all the Arms to be sent down in a Boat that night to Fisher-raw and got Carts and presently transported them to Dalkeith which was then the Kings House This enraged the Covenanters when known by them next day and some of the more forward moved that they should presently go to Dalkeith and take them out by force but the wiser of them stopped this yet they set sure Guards around the Castle of Edinburgh and at all the Ports of the City that none of them might be carried thither This meeting with the Marquis his coming down was made use of by the Incendiaries to persuade the People that he designed mischief by these Arms and by the Advertisements he had formerly given another hellish report was also spread that he designed to call a Meeting of the chief Covenanters of all Ranks to Dalkeith and there to blow them up whereupon they resolved not to go out nor treat with him there at all All this was done to irritate the People into a prejudice against him of which he gave Advertisements to the King and held on his Journey The first thing he did was to inform himself exactly of all Matters and Persons
that he might accordingly apply himself to his business but he found things in a greater disorder than he could have imagined He finds the Country in a very ill posture Almost the whole Council did favour the Covenant and the Bishops were hated by all so that there were few or none whom he durst trust the Earls of Traquair Roxburgh and Southesk were the men he found best affected yet even their Limitations vexed him My Lord Lorn who about the end of the year by his Fathers death was Earl of Argyle seemed to go on with the Kings Service but he was suspected both by the King and the Marquis to favour the Covenant In a word those of the Council who were best set were yet overawed by the fury and threats of the other Party The Marquis of Huntley was forward in His Majesties Service but the Marquis was obliged to send him North to keep that Country which was yet peaceable in order Many Lawyers were of the Covenanters side and chiefly the Kings Advocate Sir Tho. Hope which was one of the greatest troubles the Marquis met with for he being a stranger to the Scotish Law in which the other was skilled as much as ever any was was often at a great loss for he durst advise with him in nothing and often the Kings Advocate alledged Law at the Council-Board against what he was pressing Of this he complained frequently to the King and intended to have discharged him the Council but he durst scarce adventure on it lest others should have removed with him He tried what he could doe to get some Lawyers to declare the Covenant to be against Law but that was not to be done Sir Lewis Stewart promised private assistance but said that if he appeared in publick in that matter he was ruined Sir Thomas Nicolson who was the only man fit to be set up against the Kings Advocate though he had never all his life before pretended to a nicety in these matters yet begun now to alledge Scruples of Conscience Next to this the Marquis dealt with the Covenanters who were chiefly the Earls of Rothes Cassils Montrose Lowdon Lothian my Lords of Lindsay Yester Balmerino and Cranston these were the chief Contrivers and Actors though they had many followers and abettors of all Qualities With these he dealt by all means possible but neither could Reason convince them nor Assurance satisfie them nor Promises or Cajolery prevail with them nor Threats overrule them He quickly saw that nothing could be obtained from the Covenanters by way of Treaty and therefore before he left Berwick He puts the King on his guard to look for mischief from the Covenanters he advertised the King to prepare himself for teaching them their Duty by Authority since milder ways were like to prove ineffectual He also found the Country very destitute of Arms and that the Covenanters were beginning to give order for furnishing themselves from several places of which he also advertised the King desiring him to send in all haste Expresses to his Agents in Holland Hamburgh Denmark Sweden and Poland to stop any Arms might be bought up by Scotish men At first when the Marquis came to Dalkeith who fortifie themselves and are insolent he heard that 1500 men were set to guard the Ports of Edinburgh and that they of the Tables had taken the Keys of the City from the Magistrates and had some thoughts of securing the Castle of Edinburgh which had been easily done if attempted there being neither Arms nor Ammunition within it But the wiser of them thought it fitter onely to set Guards about it by which it was rendred useless rather than make so hasty a Rupture and the more violent threatned they would force both Commissioner Council and Session to take the Covenant All this the Marquis heard but he might well regrate it but had no power to curb it for they were resolved to hear of no Proclamation unless with the discharge of the Service-book and Book of Canons the Articles of Perth were also promised to be abrogated Episcopacy promised to be limited and an Assembly and Parliament presently called But his Instructions being so far short of this he durst not adventure on publishing His Majesties Declaration knowing it would meet with a Protestation and as for that part of it which concerned the Covenant my Lords of Traquair and Roxburgh told him he was the ruine of the Country if he did not divide the Declaration and wholly leave out what concerned the Covenant this he said he would yield to and put his Head in the Kings Mercy if they could assure him that thereby matters might be settled The Marquis gives a clear representation of the state of Affairs Of all this he advertised the King and told him he must resolve either to yield to all they demanded or haste down his Fleet quickly with 2000 Land-souldiers in it and send down Arms to the Northern Counties of England advising him also to send Souldiers for Garrisoning of Berwick and Carlisle 1500 for Berwick and 500 for Carlisle and that His Majesty would resolve to follow these Orders in Person with a Royal Army and there was no doubt of Victory if the matter were well managed but he represented withall that His Majesty would consider how far in His Wisdom He would connive at the madness of His own poor People or how far in His Justice He would punish their folly assuring Him their present madness was such that nothing but Force would make them quit their Covenant and that they would all lay down their Lives ere they would give it up But that which he applied himself first to was the dispersing of the Multitudes After he held a Council at Dalkeith where His Commission was onely read and registred he received Addresses from the Town of Edinburgh He goes to Edinburgh humbly inviting him to come to Holyroodhouse which he refused unless the extraordinary Guards about their Ports and the Castle were dismissed But this being done he went thither on the ninth of Iune they were guessed to be about 60000 that met him the greatest number that Nation had seen together of a great while among whom there were about 500 Ministers and four of the most zealous had resolved to entertain him with Speeches but this he shunned not without great difficulty so earnest were they to be disburdened of their Harangues but they came to him in private and with great vehemency not without tears in their eyes represented the danger Religion was in but kept themselves within bounds and mollifies some of the Covenanters And now he came to have access to their ears and this was followed by that which always attended the engaging sweetness of his Converse for he began to gain ground on their affections he shewed them how firm the King was to the Protestant Religion and how ready to hazard Life and Crown in the defence of it that if any error
had been committed in the way of introducing the late Books His Majesty did more than correct that by His gracious Condescensions that he was resolved as soon as the Country was settled to call both an Assembly and Parliament if they themselves obstructed it not but withall he represented to them the madness of hazarding on a Rupture with the King they knew it would not be uneasie to engage England against them the Kings Navy was in good case and it would be no trouble to the King to destroy their Trade which would quickly impoverish the Country therefore he desired they would follow such courses as might redeem themselves and their Country from Ruine and Infamy This prevailed with divers and all acknowledged there was that strength of reason in his Discourse that it was not easie to resist him long and see him much but there were rough and wild Spirits who could neither be tamed nor tuned right by it yet the Multitudes began to disperse but the Covenant was so dear to them that it was the endangering of all to speak of delivering it up On the 15th of Iune he received the following Answer from His Majesty to the Accounts he had sent him Hamilton THough I answered not yours of the fourth yet I assure you that I have not been idle so that I hope by the next week I shall send you some good assurance of the advancing of our Preparations This say not to make you precipitate any thing for I like of all you have hitherto done and even of that which I find you mind to doe but to shew you that I mean to stick to my Grounds and that I expect not any thing can reduce that People to their Obedience but onely Force I thank you for the clearness of your Advertisements of all which none troubles me so much as that in a manner they have possessed themselves of the Castle of Edinburgh and likewise I hold Sterlin as good as lost As for the dividing of my Declaration I find it most fit in that way you have resolved it to which I shall adde that I am content to forbear the latter part thereof until you hear my Fleet hath set sail for Scotland In the mean time your care must be how to dissolve the Multitude and if it be possible to possess your self of my Castles of Edinburgh and Sterlin which I do not expect And to this end I give you leave to flatter them with what hopes you please so you engage not me against my Grounds and in particular that you consent neither to the calling of Parliament nor General Assembly untill the Covenant be disavowed and given up your chief end being now to win time that they may not commit publick Follies untill I be ready to suppress them and since it is as you well observe my own People which by this means will be for a time ruined so that the loss must be inevitably mine and this if I could eschew were it not with a greater were well But when I consider that not onely now my Crown but my Reputation for ever lies at stake I must rather suffer the first that Time will help than this last which is irreparable This I have written to no other end than to shew you I will rather die than yield to those impertinent and damnable Demands as you rightly call them for it is all one as to yield to be no King in a very short time So wishing you better success than I can expect I rest Your assured constant Friend CHARLES R. Greenwich 11 June 1638. POSTSCRIPT As the Affairs are now I do not expect that you should declare the Adherers to the Covenant Traitors until as I have already said you have heard from me that my Fleet hath set Sail for Scotland though your six weeks should be elapsed In a word gain time by all the honest means you can without forsaking your Grounds But he had taken his Resolution about this set down in the Postscript before he got the Kings Answer He delays to publish the Proclamation to avoid an affront for he wrote to the Archbishop of Canterbury that he was resolved on it finding the hazard on the one side was a present Rupture which would have been the ruine of the Kings Affairs and of all his Friends whereas the hazard of not doing it was onely the cutting off his Head for transgressing his Instructions which he was willing not onely to endanger but lose for the Kings Service But till the Multitudes were wholly dispersed he duâ—st not hazard on the the publishing of the Proclamation lest Authority might have met with an affront in it This was now doing apace Commissioners onely staying in name of the rest but all the Ministers hearing that the Covenant must be given up or no Treaty made their Pulpits ring with it and the Marquis was to purpose inveighed against some not sparing to say that the faggots in Hell were prepared for his reward but all declared they would never quit their Covenant but with their Lives A Protestation was also resolved on whenever the Declaration should be published which made it be delayed a little longer and it was told him by the Kings Advocate that a Protestation might be legally made and that it had been done so in the year 1621. But for all this things begun to promise some likelyhood ofSettlement which made him write to the King not to proceed in his warlike Preparations till things were more desperate to which he received the following Answer Hamilton THe dealing with Multitudes makes diversity of Advertisement no way strange and certainly the alteration from worse to less ill cannot be displeasing wherefore you may be confident I cannot but approve your Proceedings hitherto for certainly you have gained a very considerable point in making the heady Multitude begin to disperse without having engaged me in any unfitting thing I shall take your advice in staying the publick Preparations for Force but in a silent way by your leave I will not leave to prepare that I may be reaâ—y upon the least advertisement Now I hope there may be a possibility of securing my Castles but I confess it must be done closely and cunningly One of the chief things you are to labour now is to get a considerable number of Sessioners and Advocates to give their opiniâ—n that the Covenant is at least against Law if not treasonable Thus you have my Approbation in several shapes tâ—erefore you need not doubt but that I am Your assured constant Friend CHARLES R. Theobalds 13 Jun. 1638. At this time the Session sate not He advises the King to bring back the Session to Edinburgh for the Town and Country about Sterlin threatned them so that they could not return thither wherefore the Marquis desired a Warrant from the King to bring the Session back to Edinburgh both because it was not fit they should be too far from himself and the Council
shall have more certainty by my next I have sent for Arms to Holland for 14000 Foot and 2000 Horse for my Ships they are ready anâ— I have given Order to send three for the Coast of Ireland immediately under pretence to defend our Fishermen Last of all which is indeed most of all I have consulted with the Treasurer and Chancellour of the Exchequer for Money for this years Expedition which I estimate at two hundred thousand pounds Sterlin which they doubt not but to furnish me more I have done but these are the chief heads Now for your Advice I desire to know whether you think it fit that I should send six thousand Land-men with the Fleet that goes to the Frith or not for since you cannâ—t secure me my Castle of Edinburgh it is a question whether you can secure the landing of those men and if with them you can make your self Master of Leith to fortifie and keep it of this I desire you to send me your Resolution with all speed I leave it to your consideration whether you will not think it fit to see if you can make all the Guns of the Castle of Edinburgh unserviceable for any body since they cannot be useful for me Thus you may see that I intend not to yield to the Demands of those Traitors the Covenanters who I think will declare themselves so by their Actions before I shall doe it by my Proclamation which I shall not be sorry for so that it be without the personal hurt of you or any other of my honest Servants or the taking of any English place This is to shew you that I care not for their affronting or disobeying my Declaration so that it go not to open mischief and that I may have some time to end my Preparations So I rest Your assured constant Friend CHARLES R. Greenwich 20 June 1638. The Marquis did again send a new Dispatch much of the same strain with the former before he had received this Letter representing the great hazards he apprehended from a Breach and that he feared the King would be faintly followed by the English withall he gave the King a large account of the Explanation was offered to that part of the Covenant by which they were bound to mutual Defence to which His Majesty wrote the following Answer Hamilton I Must needs thank you that you stand so close and constantly to my Grounds and you deserve the more since your fellow-Counsellours do rather dishearten than help you in this business for which I swear I pity you much There be two things in your Letter that require Answer to wit the Answer to their Petition and concerning the Explanation of their damnable Covenant for the first the telling you that I have not changed my mind in this particular is Answer sufficient since it was both foreseen by me and fully debated betwixt us two before your down-going and for the other I will onely say that so long as this Covenant is in force whether it be with or without Explanation I have no more Power in Scotland than as a Duke of Venice which I will rather die than suffer yet I commend the giving ear to the Explanation or any thing else to win Time which now I see is one of your chiefest cares wherefore I need not recommend it to you Another I know is to shew the World clearly that my taking of Arms is to suppress Rebellion and not to impose Novelties but that they are the seekers of them wherefore if upon the publishing of my Declaration a Protestation should follow I should think it would rather doe right than wrong to my Cause and for their calling a Parliament or Assembly without me I shâ—uld not much be sorry for it would the more loudly declare them Traitors and the more justifie my Actions therefore in my mind my Declaration would not be long delayed but this is a bare Opinion and no Command Lastly my resolution is to come my self in person accompanied like myself Sea-forces nor Ireland shall not be forgotten the particulars of which I leave to the Comptrollers relation as I do two particulars to the Archbishop of Canterbury which you forgot to mention in my Letter and so I rest Your assured constant Friend CHARLES R. Greenwich 25 June 1638. Upon this the Marquis spoke big to them The Marquis threatens the Covenanters and threatened to leave the Imployment and go to Court but to return to Scotland again shortly attending His Majesty in another posture This cooled their Courage a little for they were not then in a posture for a Breach and so they spoke more mildly saying who speak with more submission That they were sorry His Majesty mistook their good and innocent Intentions all they designed being the preservation of Religion and Laws and that if these were secured they would demean themselves in all time coming as good Subjects he said If they would all go home to their Houses he would beg liberty to wait on His Majesty with their Desires and return them an Answer within three weeks or a month But the true reasons that moved him to desire permission to go up were that hereby he gained so much more time as also he would more fully inform the King of the state of Affairs and see in what forwardness the Kings Preparations were but chiefly to try what he could prevail about establishing the Confession of Faith which had passed in Parliament 1567 for he judged if His Majesty did sign and authorize that Confession with a Bond for defending it in subordination to the Kings Authority The Marquiâ— asks leave to go to Court it might give full satisfaction to all that there should be no Innovation in Religion at least the Vulgar who had been poisoned with those Fears might be recovered a considerable party of the Covenanters gained and His Majesties Cause made more favourable to all the World This was not to be moved or managed by Letters therefore he begged permission to wait upon His Majesty which the King granted in the following Letter Hamilton YOurs of the 24th though it be long requires but a short Answer it being onely to have leave to come up and obtains iâ— of His Majesty which is grounded upon so good reason that I cannot but grant it Some Considerations in the mean time I think fit to put to you first to take heed how you engage your self in the way of Mediation to me for though I would not have you refuse to bring up to me any Demand of theirs to gain time yet I would not have you promise to mediate for any thing that is against my Grounds for if you do I must either prejudice my self in the granting or you in denying then I would have you take care that no more Subscriptions be urged upon any especially of Council or Session lastly that you leave such encouragement to these few that have not yet forsaken my Cause that
safety of Religion Kirk and Commonwealth depends much upon the comfortable assistance which all of them daily receive from Royal Iustice and Authority we protest and promise with our Hearts under the Obligation of the same Oath to defend not only this our Religion but the Kings Majesties Sacred Person and Authority as also the Laws and Liberties of this our Country under His Majesties Soveraign Power with our best Counsels Bodies Goods and whole Estates according to the Laws and against all sorts of persons and in all things whatsoever and likewise mutually to defend our selves and one another in this abovementioned Cause under the same obligation But while the Marquis was busie at Court procuring this Gracious Answer to their Demands and while His Majesty was condescending to such extraordinary Favours to them the Covenanters in Scotland were going on The Covenanters are very busie in Scotland posting up and down the Country for more Subscriptions to the Covenant and because the North continued firm to their Duty some Noblemen and Ministers went thither to draw them to their Party and on the 23d of Iuly they came to Aberdeen where there was a company of worthy and learned Doctors and Professors But the Covenanters welcome there was so cold all the Subscriptions they got being but 19 or 20 and they were not admitted to preach in the publick Churches which made them preach in the Court of the Earl Marshal's Lodgings that they went away full of fury and threats against that Place and this gave the rise to that Debate which followed betwixt the Doctors of Aberdeen and those Ministers Debates betwixt the Doctors in Aberdeen and them which the Learned Doctors managed with so great advantage as did not a little confound the whole Party and the Ministers being pinched by them about the lawfulness of combining without warrant of Authority alledged that my Lord Commissioner was satisfied with the Covenant upon the offer of that Explication was mentioned formerly But the falshood of this Calumny was cast back on them with shame by him at his return for as he had never expressed any satisfaction with their Covenant so all the ground they had for that was because according to the Kings Order he had treated about that Explication to gain time He brought along with him to Scotland Dean Balcanqual Doctor Balcanqual comes to Scotland a man of great parts of subtil wit and so eloquent a Preacher that he seldom preached in Scotland without drawing Tears from the Auditors Him the Marquis intended to make use of as his Council in Church-affairs which Trust he discharged faithfully and diligently and received those Informations which were made publick in the large Declaration penned by him The Marquis came to Holyroodhouse on the tenth of August and found things in a much worse posture than he had left them and that the Flames were growing almost past quenching for at a Convention of Burroughs a few days before they had enacted The Covenanters high resolutions That none might be Magistrates or bear Office in any Burrough except he had first taken the Covenant and the Covenanters were resolved that Bishops should have no Vote in the Assembly unless they were chosen by a Presbytery and they were sure that should not be They were resolved to abolish Episcopacy and to declare it unlawful and excommunicate if not all yet most of the Bishops they were resolved to condemn the Articles of Perth and discharge Bishops to Vote in Parliament they were also resolved to ordain all under pain of Excommunication to sign the Covenant and to shew they meant to break out into Hostility they were beginning to levy men in several places But to make sure work of the Assembly they fell on a new device of Lay-elders to be chosen Commissioners who should be men of the greatest power and interest whereby they doubted not to carry all things and because in a Meeting at Edinburgh of Ministers being 120 in number about four parts of five were only for limiting of Episcopacy it was resolved by the Iunto that none of these should be Commissioners The Marquis being surprized with so great a change of the State of Affairs gave account of all these inconveniences to His Majesty and resolved not to proceed to call a General Assembly since he saw what effects it was like to produce till he first went and acquainted His Majesty with these hazards On the 13th of August the Covenanters came to demand his Answer The Marquis makes known His Majesties intentions he told them he had a clear and full Answer to give them but desired to be excused till he first communicated it to the Council which was to sit next day So they were satisfied for that time and on the fourteenth he held a Council where he delivered His Majesties Answer in these Terms My Lords I Thought it fit to acquaint your Lordships before I returned His Majesties Answer to the Noblemen and others petitioning for the same which is so full of Grace and Goodness that we have all cause to bless God and thank His Majesty for it such is his tender care of this poor distracted Kingdom that he will leave nothing undone that can be expected from a Iust Prince to save us from Ruine and since he finds such Distraction in the Church and State that they cannot be well settled without a Parliament and Assembly the state of the Country and business being prepared for it he hath given me Warrant for calling of both that they may be orderly held as formerly they have been according to the Laws and Customs of the Kingdom And further I am to declare to your Lordships that this we are to attribute only to His Goodness for we cannot but acknowledge that our carriage hath been such as justly we might have expected that he would have taken another course with us which he was Royally and really prepared for had not His Mercy prevailed above His just Indignation and by a powerful and forcible way have taught us Obedience which he hath forborn to make use of meerly out of His Grace and Goodness It is our duty to let His Subjects know how great our obligation is to Him which every one of us in particular and all of us in general should strive to make every one sensible of and labour so far as lieth in our power to procure satisfaction to His Majesty and quiet to this distracted Church and State The day following he gave the Covenanters the same Answer with which they were no way satisfied But the Covenanters were not satisfied They asked what he meant by preparing of business he said it was to establish Order and Government again in the Country as it was before those Combustions and upon this he gave them a Note of those particulars His Majesty ordered to be settled and assured them immediately upon their Obedience he should indict an Assembly and Parliament as he was
his Holy Water Baptizing of Bells conjuring of Spirits crossing saning anointing conjuring hallowing of Gods good Creatures with the superstitious opinion joyned therewith his worldly Monarchy and wicked Hierarchy his three solemn Vowes with all the shavellings of sundry sorts his erroneous and bloody Decrees made at Trent with all the Subscribers and Approvers of that cruel and bloody Bond conjured against the Kirk of God and finally we detest all his vain Allegories Rites Signs and Traditions brought into the Kirk without or against the Word of God and Doctrine of his true Reformed Kirk to the which we joyn our selves willingly in Doctrine Faith Religion Discipline and use of the Holy Sacraments as lively Members of the same in Christ our Head promising and swearing by the great Name of the Lord our God that we shall continue in obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of body and soul in the day of Gods fearful Iudgement and seeing that many are stirred up by Satan and that Roman Antichrist to promise swear subscribe and for a time use the Holy Sacrament in the Kirk deceitfully against their own Consciences minding hereby first under the external Cloak of Religion to corrupt and subverâ— secretly Gods true Religion within the Kirk and afterward where time may serve to become open enemies and persecuters of the same under vain hope of the Popes Dispensation devised against the Word of God to his greater confusion and their double Condemnation in the day of the Lord Jesus We therefore willing to take away all suspicion of hâ—pocrisie and such double-dealing with God and his Kirk protest and call the Searcher of all hearts to witness that our minds and hearts do fully agree with this our Confession Promise Oath and Subscription so that we are not moved for any worldly respect but are persuaded onely in our Consciences through the knowledge and love of Gods true Religion printed in our hearts by the Holy Spirit as we shall answer to him in the day when the secrets of all hearts shall be disclosed And because we perceive that the quietness and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majesty as upon a comfortable Instrument of Gods Mercy granted to this Country for the maintenance of his Kirk and ministration of Iustice among us we protest and promise with our hearts under the same Oath hand-writ and pains that we shall defend his Person and Authority with our Bodies and Lives in the defence of Christ his Evangel Liberties of our Country ministration of Iustice and punishment of Iniquity against all Enemies within this Realm or without as we desire our God to be a strong and merciful Defender to us in the day of our Death and coming of our Lord Jesus Christ to whom with the Father and the Holy Spirit be all Honour and Glory eternally Amen WE underscribing and considering the strait link and conjunction betwixt the true and Christian Religion presently profest within this Realm The Bond joyned to it and our Soveraign Lords Estate and Standing having both the self-same Friends and common Enemies and subject to the like event of standing and decay weighing therewithall the imminent danger threatned to the said Religion the Preservation whereof being dearer to us than whatsoever we have dearest to us in this Life and finding in His Majesty a most Honourable and Christian Resolution to manifest Himself to the World that zealous and religious Prince which he hath hitherto professed and to imploy the means and power that God hath put into his hands as well to the withstanding of whatsoever foreign Force shall mean within this Land for alteration of the said Religion or endangering of the present State as to the repressing of the inward Enemies thereto amongst our selves linked with them in the said Antichristian League and Confederacy have therefore in the presence of Almighty God and with His Majesties Authorizing and Allowance faithfully promised and solemnly sworn likeas we hereby faithfully and solemnly swear and promise to take a true effauld and plain part with His Majesty amongst our selves for diverting of the appearing danger threatned â—o the said Religion and His Majesties State and Standing depending thereupon by whatsoever foreign or intestine Plots or Preparations and to that effect faithfully and that upon our Truth and Honours bind and oblige us to others to convene and assemble our selves publickly with our Friends in Arms or in quiet manner at such Times and Places as we shall be required by His Majesties Proclamation or by Writ or Message directed to us from His Majesty or any having Power from him and being convened and assembled to joyn and concur with the whole Forces of our Friends and Followers against whatsoever foreign or intestine Powers or Papists and their Partakers shall arrive or rise within this Island or any part thereof ready to defend or pursue as we shall be authorised or conducted by His Majesty or any others having his Power and Commission to joyn and hold hand to the exeâ—ution of whatsoever Mean or Order shall be thought meet by His Majesty and His Council for suppressing of the Papists promotion of the true Religion and settling of Hâ—s Highness Estate and Obedience in all the Countries and Corners of this Realm to expose the hazard of our Lives Lands and Goods and whatsoever means God hath lent us in the defence of the said true and Christian Religion and his Majesties Person and Estate against whatsoever Iesuits and Seminary or Mass Priests condemned Enemies to God and His Majesty to their utter wreck and exterminion according to the Power granted to us by His Majesties Proclamation and Acts of Parliament to try search and seek out all Excommunicates Practisers and other Papists whatever within our bounds and Shire where we keep residence and delate them to His Highness and His Privy Council and conform us to such Directions as from time to time we shall receive from His Majesty and His Council in their behalfs and so specially so many of us as presently are or hereafter shall be appointed Commissioners in every Shire shall follow pursue and travel by all means possible to take and apprehend all such Papists Apostates and Excommunicates as we shall receive in Writ from His Majesty And we the remanent within that Shire shall concur and assist with the said Commissioners with our whole Friends and Forces to that effect without respect of any person whatsoever and generally to assist in the mean time and defend every one of us another in all and whatsoever Quarrels Actions Debates moved or to be moved against us or any of us upon Action of the present Bond or other Causes depending thereupon and effauldly joyn in defence and pursuit against whatsoever shall
His Majesty and use the utmost of my Intercession with His Sacred Majesty for the Indiction of a new Assembly before the meeting whereof all these things now challenged may be amended if you shall refuse this Offer His Majesty will then declare to the whole World that you are disturbers of the Peace of this Church and State both by introducing of Lay-elders against the Laws and Practices of this Church and Kingdom and by going about to abolish Episcopal Government which at this present stands established by both the said Laws two points I dare say and you must swear it if your Consciences be appealed to as was well observed by that Reverend Gentleman we heard preach the last Sunday which these you drew into your Covenant were never made acquainted with at their entring into it much less could they suspect that these two should be made the issue of this business and the two stumbling-blocks to make them fall off from their Natural Obedience to their Soveraign Mr. Henderson made a long Speech Mr. Henderson answers wherein he said much to the magnifying of the Kings Authority in matters Ecclesiastical calling him The Vniversal Bishop of the Churches in His Dominions with other such like Expressions which gave no small disgust to many of the zealous Brethren but in the end he said that we must render to God the things that were Gods as well as to Caesar the things which were Caesars and spoke much for vindicating their Proceedings and charging the Bishops And after him many of the Lords spoke about the Freedom of the Assembly to whom the Marquis replied AS for your pretence of your unlimited Freedom The Marquis replies you indeed refused so much as to hear from His Majesties Commissioner of any precedent Treaty for the preparing and right-ordering of things before the Assembly alledging that it could not be a free Assembly where there was any Prelimitation either of the Choosers or of those to be chosen or of things to be treated of in the Assembly but that all things must be discussed upon the place else the Assembly could not be free but whether you your selves have not violated that which you call Freedom let any man judge for besides these Instructions which it may be are not come to our knowledge we have seen and offer now to produce four several Papers of Instructions sent from them whom you call the Tables containing all of them Prelimitations and such as are not onely repugnant to that which you call the Freedom but to that which is indeed the Freedom of an Assembly Two of these Papers were such as you were contented should be communicated to all your Associates to wit that larger Paper sent abroad to all Presbyteries immediately after His Majesties Indiction of the Assembly and that lesser Paper for your meeting first at Edinburgh then at Glasgow some days before the Assembly which Paper gave order for chusing of Assessors and divers other particulars but your other two Papers of Secret Instructions were directed one of them onely to one Minister of every Presbytery to be communicated by him as he should see cause but to be quite concealed from the rest of the Ministers the other Paper was directed onely to one Lay-elder of every Presbytery and to be communicated by him as he should see cause but to be quite concealed from all others in both which Papers are contained such Directions which being followed as they were have quite banished all Freedom from this Assembly as shall appear by reading the Papers themselves These he caused read but they were disowned by the Members of the Assembly and they said they might have been the private Opinions of some but did infer no Prelimitation on the Assembly to which the Marquis answered That all the Elections being ordered according to these was a clear proof they were sent by an Authority which all feared to disobey And after that he told That for many moneths the Orders of the Table had been obeyed by all but he would now make a trial what Obedience they would give to the Kings Command and protested that one of the chief Reasons that moved him to dissolve this Assembly was to deliver the Ministers from the Tyranny of Lay-elders who if not suppressed would as they were now designing the ruine of Episcopal Power prove not onely Ruling but Over-ruling-elders By this time his Heart was so full of Grief which was easily to be observed by divers Indications that almost all present were affected with it In end seeing nothing said in reason did prevail he in His Majesties Name dissolved the Assembly and dissolves the Assembly but they continued to sit and discharged their further Proceeding under pain of Treason Mr. Henderson and the Earl of Rothes answered him that they were sorry he left them but their Consciences bore them witness they had hitherto done nothing amiss so they could not desert the Work of God protesting much of their Duty and Obedience to the King in its due line and subordination and after this a long Protestation was begun and read This being done the Marquis presently went out and called a new Council The Council approved of it to whom he told how sorry His Majesty would be for this Breach and how really desirous he was to have done all was possible for satisfying of his Subjects but that their Behaviour had extorted what was done he therefore encouraged them all to their Duty to the King assuring them that whatever any of them might suffer for it His Majesty would see they should be no losers From this Council the Earl of Argyle withdrew and fully cleared all Jealousies about him for he told the Marquis in plain Language he would take the Covenant and own the Assembly But most of the Councellours seemed satisfied with the Marquis his Carriage in the Assembly particularly all his Assessors Argyle onely excepted yet the Marquis durst not offer the Proclamation for dissolving the Assembly to be signed in Council for fear of a refusal not having tried them all in it beforehand but got most of them to sign it next morning and then he sent it to the Market-Cross to be proclaimed where it met with a new Protestation Argyle's Example was followed by some few Privy-Councelours whose declaring themselves the Marquis judged rather an advantage than a loss The Council also wrote a Letter to the King highly commending the Marquis his zeal and industry in what had passed in the Assembly which is in the Large Declaration to which the Reader is referred for the perusal of all the Papers set down there at length these being onely inserted here that were not then made publick Thus he left Glasgow and went first to Hamilton The Marquis returns to Edinburgh carrying some of the Bishops with him for their security from hazard and after two or three days stay there went to Edinburgh hoping that as he had outlived their
I should be glad of if it should not retard the Service and so I rest Your assured constant Friend CHARLES R. York 5 Apr. 1639. A Dispatch came at this time from Ireland shewing that it would be about the end of Iune before the Lord Lieutenant could come with the Army he was preparing for His Majesties assistance The hopes from Ireland fail adding that all Antrims fair undertakings were like to vanish in Air and that he was not able to doe as he had engaged for after he had used many Arts to find some colour of fastening the failing on the Lieutenants part by unreasonable demands finding him satisfied with them all was forced to acknowledge that he was not able to doe the King the Service he had undeâ—taken that Summer yet most of the Scots in Ireland offered their Service very cordially and willingly declared their dislike of the Covenant The King advises about the Indempnity he was to offer the Covenanters His Majesties next care was about His Proclamation for Scotland wherein he gave an account of the Affronts His Authority had received by the Covenanters and his designs to doe â—imself right according to the Power and Authority God had put in his hand withal offering Indempnity to such as should within eight days lay down their Arms some few excepted Declaring such as would not obey Rebels setting a Price upon their Heads and ordering their Vassals and Tenants not to acknowledge them nor pay them Rents But by His Majesties Letters it will appear how he was advised to change some particulars of the first Draught to which Counsels His Majesty did willingly give ear though there were some about him of both Nations studious enough to disswade him from any thing that looked like a temper some carried on by their Revenge and passionate Resentments others were acted perhaps with worse Principles and Designs In end His Majesty having resolved on a draught of a Proclamation he sent one to the Marquis with this following Letter Hamilton I Send you with this my Proclamation as I have now made it upon debate with Sir Lewis Stewart wherein I have altered nothing from the first but what I wrote you by my last only I have added some things of favour to those that shall repent which nevertheless are of so little moment that although this should not come to your hands time enough the other might pass very well As for the publishing of it I shall doe my best to get it proclaimed both in Edinburgh and in the rest of the Kingdom nevertheless you must not leave to doe your best for the publishing of it So wishing good success as well to your Person as Cause I rest Your assured constant Friend CHARLES R. York 7 Apr. 1639. And with this Letter the King sent the following Order written with His Own Hand Hamilton I Send you herewith my Pleasure in a Proclamation to my Subjects of Scotland and by this command you to use all sort of Hostility against all those who shall not submit themselves according to the tenour of the same for which this shall be your Warrant CHARLES R. York 7 Apr. 1639. At the same time the Marquis received the following Letter Hamilton I Have spoken with Henry Vane at full of all those things that were concerted betwixt you and agree in all things but one which is that he thinks your going into the Frith will make the Rebels enter into England the sooner whereas on the contrary I think that my poâ—sessing of Carlisle and Berwick hath made them so mad that they will enter in as soon as they can perswade an Army together except they be hindred by some awful Diversion wherefore I could wish that you were even now in the Frith though the Borders might be quiet till my Army be brought together which they say will hardly be yet these ten days Yet I am not out of hope to be at Newcastle within these fourteen days and so to Berwick as soon as I may with either Honour or Safety wherefore my Conclusion is go on a Gods Name in your former Intentions except I send you otherwise â—ord or your self find some inevitable necessity and so I rest Your assured constant Friend CHARLES R. York 10 Apr. 1638. POSTSCRIPT I have sent yâ—u ten Blanks whereof four be Signaturewise Both these found him at Yarmouth Road on the fifteenth of April whither he was come to take in his Souldiers The Marquis is at Yarmoutâ— to put his Souldiers aboard The Officers were very affectionate to His Majesties Service but did not know what their employment was to be save that in general they were to go to Sea When he told them they must go to Holy-Island and there receive the Kings further Orders they seemed surprized yet were resolved on Obedience Their men were good bodies well cloathed and well armed but so little exercised that of the 5000 there were not 200 that could fire a Musket The occasion of this was a Clause in the Councils Letter to the Lieutenants of the Counties in which they were levied that if other good men could be had the trained men should be spared and the Deputy-Lieutenants upon this ordered it so that not so much as the Serjeants and Corporals were trained But whether there was a Design in this God knows for nothing appears to make it out beside Jealousies This was a great affliction to the Marquis for he knew the King confided much in him and yet he saw there was an Impossibility of his doing any thing to purpose till the Souldiers were some ways exercised which he caused doe upon the Ships as frequently as was possible The furnishing them with Water and other necessaries together with Cross Winds kept them some days in the Road and before they got out of it the Marquis received the following Letter from His Majesty Hamilton IT is true that I was content to hear your Advice concerning your going into the Frith it being chiefly to shew Henry Vane that your Iudgement went along as well as your Obedience though I had a care ever to take off from you the envy of seeking this particular Imployment taking it as it is just upon my own absolute Command yet I will not say but that you might have cause to wonder because neither of us expressed our selves so clearly as we might But my chief errand to you at this time is that upon serious Debate upon your long Letter to Henry Vane only with him and Arundel for I dare trust no otâ—er we found no reason to alter my former Commands but were more confirmed in the fitness of them only we have thought requisit to alter some things in the Proclamation which you shall receive by the next Dispatch at furthest within a day or two of this so that you are not to indeed I think you cannot publish any until the New one come to you for I believe it will be at the Holy-Island before you
of the Magazine in the Navy which being done the Fleet was to be sent out of the Frith And accordingly on the 24th of Iune he came to Edinburgh but he met with such Reproaches and Hootings from the Vulgar that he was forced for preventing a Tumult to desire some of the Covenanting Lords to wait on him to the Castle and yet on the way he was all along cried out upon with most unworthy Names as Pyrate Traitour Enemy to God and his Country with other such-like Invectives These he could not but despise though he was sensible of the Dishonour put upon the Kings Commissioner by that Usage yet he might well have expected that it should have secured him from the Jealousies Stories which were spread of him as if he had been all that time so popular that he was looked upon as the chief Friend of the Good Cause which was as well grounded as the rest of these Reports But having executed the Kings Orders about the Castle of Edinburgh he left the Earl of Traquair whom with the Earl of Roxburgh His Majesty had again received into his Favour to see the rest of the Conditions fulfilled The Tables continued to sit The Tables continue to sit pretending it was necessary they should doe so till all were scattered It is true I have in my hands a Copy of a Warrant for them to sit till the 20th of Iuly but whether it was signed I can neither assert nor deny Divers Disorders fell out in Edinburgh and Traquair met with many Insolences in one of which the White-staff which was carried by his Servant before his Coach was pulled out of his Hand and Complaint being made of this to the Town-Council of Edinburgh all the Reparation they offered was to bring my Lord Treasurer another White-staff so it was said they rated the Affront put on the King in the Person of his Treasurer at Six pence Other Insolences were also complained of and the Covenanters partly excused them and the Covenanters are insolent partly denied what was alledged but no Reparation was made These Disorders obliged His Majesty to change his purpose of coming to Scotland in Person resolving to be present onely by his Commissioner The Marquis returned to His Majesty and stated all that was to be thought upon for Scotish Affairs in a Paper presented to His Majesty at Berwick the 5th of Iuly yet extant in these words To leave all that is past the Question is briefly The Marquis his advice to the King WHether the Assembly and Parliament now indicted is fittest to be held or discharged If held the Success of the Assembly will be the Ratisying of what was done at Glasgow or if that point be gained yet certainly most of the Acts that were made there will of new enacted nor is there any hope to prevent their finding Episcopacy to be abjured by their Covenant and the Function against the Constitution of their Church This will be by the Members of Parliament ratified and put to the Kings Negative Voice and if it be not condescended to by him it is more than probable that his Power even in that Court and in that Place will be questioned If it will be discharged nevertheless the Assembly be keeped by the Rebels and the same things done in it by them and thereafter maintained by the generality of the Kingdom this consequently will bring alongst with it the certain loss of Civil Authority and so necessitate the re-establishing the same by Force or otherwise the desertion of that Kingdom So it is to be resolved on whether it be fit to give way to the Madness of the People or of new to intend a Kingly Way If way be given to what is mentioned it is to be considered in that case if the King shall be personally present or not if not present who shall be imployed and how instructed If the Kingly Way be taken what shall be the means to effectuate the intended end particularly how Money may be levied for the waging of this War and if that be feisible without a Parliament If a Parliament what the Consequence may prove So all may be summed up in this Whether to permit the Abolishing of Episcopacy the lessening of Kingly Power in Ecclesiastick Affairs the Establishing Civil Authority in such manner as the Iniquity of the Times will suffer and to expect better and what will be the Consequence of this if way be given thereto or to call a Parliament in England and leave the event thereof to hazard and their discretions and in the interim Scotland to the Government of the Covenanters This Freedom declares how candidly he dealt with the King in all his Counsels It is true he pressed the King earnestly to give way to the abolishing of Bishops judging that to be the onely mean to bring Scotland again into Order but this was out of no other Principle save his Desire to see the King again enjoy the Affections as well as the Obedience of his Subjects of Scotland thinking Episcopal Government not so essential or absolutely necessary as not to be parted with for a time in such an Exigency wherein the Ruine of the King and Kingdom was was so manifestly threatned His Majesty considering that God did not tie him to Impossibilities The King intends to send him again Commissioner into Scotland resolved notwithstanding his Conscientious adhering to Episcopacy in England to give way for some time to lay aside that Government in Scotland hoping to draw more good from it but intended to imploy another for executing it knowing that his Countenance and Carriage would betray the Discord was betwixt his Heart and his Actions if he went himself and being well satisfied with the Marquis his Behaviour desired him to return to Scotland in the same Character and finish that Business But he made use of all his Forces both of Reason Friendship who opposes it with all his Interest and Interest to divert the King from this representing the following Reasons to dissuade him from it in a Paper presented the 8th of Iuly in these words IF Your Majesty give way to the Covenanters Demands it would be seriously considered which will be the fittest way to doe it if by Your Majesties Own Personal Presence or by a Commissioner if Your Self I shall say in that case nothing in this Paper if by a Commissioner then give me leave humbly to represent to Your Majesties Consideration how unfit it is that I should be imployed The Hatred that is generally carried me and in particular by the chief Covenanters will make them hoping thereby either to ruine me or at least make my Service not acceptable stand more peremptorily on these other Points of Civil Obedience which Your Majesty aims at than they would doe to one that is less hated Since they are the same men I have formerly treated with who now again must be principally used they cannot but find these Particulars which I
since these Arguments are as I conceive used for Your Service the Good of which shall be ever preferred by me before either Life or Fortune which I would willingly expose to all Dangers rather than You shall be pleased to lay this Employment on me for Your Majesties Affairs would be infinitely prejudiced thereby All which I humbly beseech You to take into Your Royal Consideration The King chuses Traquâ—ir to be Commissioner There was too much Justice in these Reasons and His Majesty was too full of Affection for him to press it any further therefore the King made choice of his Treasurer the Earl of Traquair for the Service making account that if he served honestly it would doe well if otherwise his Majesty would have good reason to shake him off Upon this he was presently called from Scotland The King also wrote for 14 of the Lords that were the chief Covenanters and writes for many Covenanters to come and wait upon him at Berwick that he might advise with them about the Affairs in hand But the true reason as was believed was to try what fair Treatment might doe with them This gave great Jealousies to the Covenanters who were not so blind as not to understand what the effect of this might prove And indeed some studied to infuse worse Jealousies as if the Design of calling for the Lords had been to send them all Prisoners to London In end they resolved none should go save three from each Estate the three Lords were the Earls of Montrose London and Lowthian and Lowthian was the person who pressed them most to send any for many had no inclinations to send at all But before they came to Berwick the King ordered the Marquis by a Warrant in writing yet extant under His Majesties Hand to try what way he could gain upon them and discover the bottom of their Intentions how the Estate of Bishops should be supplied in Parliament and how far they intended to lessen the Kings Authority The King also allowed him to use what means he pleased and speak to them what he thought fit not onely authorizing but requiring him to it and warranting him if he were ever questioned or accused for it by any Bearing date at Berwick the 17th of Iuly 1639. The Kings Trust in the Marquis It is easie from this to infer both how intirely His Majesty confided in him and how unjust they are who upon any Expressions he might then have used offer injury to his Memory and yet he managed this so cautiously that very little escaped him for which he could not have justified himself without this Order But so tender was he of His Majesties Reputation that when he was afterwards charged for some hard Speeches alledged to have been uttered at that time in all his written Defences he never made use of this Justification knowing how at that time it might have prejudiced His Majesties Service if it had been known that he gave such Warrants to those he imployed reserving to whisper it in His Majesties Ear when he should be admitted to his Presence And indeed till this appeared the Writer of these Memoires was not a little stumbled with some of his Speeches then uttered which were hard to be understood for having them so near the Fountain he could scarce doubt his Information but this Order reconciles the Truth of these Reports he had heard with the Marquis his Innocency The King gains Montrose The King was highly sensible of the Affront put upon him by hindering all he had called for to come to wait on him yet he resolved to bear as far as Humane Patience could go and studied to gain upon the Lords that came The Earl of Montrose was much wrought upon and gave His Majesty full Assurances of his Duty in time coming and upon that entred in a Correspondence with the King The other two were a little mollified but not gained onely from them the Marquis learned that all the Acts of Parliament for Episcopacy were to be abrogated by the next Parliament and that they designed to change the course of bringing in things to the Parliament by the Lords of the Articles as a Prelimitation upon the Parliament Whereupon the next thing to be done was to draw Traquair's Instructions which was not done without great and long Consultation none being privy to it besides the Marquis and Traquair himself That which made the King so tender was his Zeal for Episcopacy but Traquair helped him out of all Difficulties by telling him that doe the next Parliament what it would there were still good grounds to introduce Episcopacy when ever the King was able to carry it for Bishops being by all the Laws of Scotland one of the three Estates of Parliament no Act that passed without them could have force in Law much less the Act that abolished them especially they not appearing or consenting to it but protesting against it This gave much ease to the Kings thoughts and so on the 27th of Iuly Traquair's Instructions were signed which follow as they are taken from a Copy of them under the Marquis his Hand CHARLES R. AT the first Meeting of the Assembly Traquair 's Instructions before it be brought in dispute who shall preside you shall appoint him who was Moderator in the last Assembly to preside in this till a new Moderator be chosen We allow that Lay-elders shall be admitted Members of this Assembly the but in case of the Election of Commissioners for Presbyteries Lay-elders have had Voice you shall declare against the informality thereof as also against Lay-elders having voice in Fundamental Points of Religion At the first opening of the Assembly you shall strive to make the Assembly sensible of Our Goodness that notwithstanding all that is past whereby We might justly have been moved not to hearken to their Petitions yet We have been Graciously pleased to grant a Free General Assembly and for great and weighty Considerations have commanded the Archbishops and Bishops not to appear at this Assembly You shall not make use of the Assessors in publick except you find you shall be able to carry their having Vote in Assembly You shall labour to your uttermost that there be no question made about the last Assembly and in case it come to the worst whatever shall be done in Ratification or with relation to the former Assembly Our Will is that you declare the same to be done as an Act of this Assembly and that you consent thereunto onely upon these terms and no ways as having any relation to the former Assembly You shall by all means shun the Dispute about Our Power in Assemblies and if it shall be urged or offered to be disputed whether We have the Negative Voice or the sole Power of Indicting and consequently of Dissolving except you see clearly that you can carry the same in Our Favours stop the Dispute and rather than it be decided against Vs stop the
the Enacting of what they had designed the former Year and their Acts though of great importance yet meeting no opposition were quickly dispatched all which with a Prologue and Epilogue of two high Declarations were sent in the Packet to the Earl of Lanerick with the following Letter written by a Committee of Lords they had left to sit at Edinburgh Right Honourable IT is not unknown to your Lordship with what difficulties this Kingdom hath wrestled this time past A Letter from the Committee of Parliament to Lanerick in asserting their Religion and Liberties against the dealings of bad Instruments with His Majesty to the contrary The Means which they have used have been no other but such as they humbly petitioned and obtained from His Majesty a Free National Assembly and Parliament The Assembly went on in a fair way and was closed with the liking and full consent of His Majesties Commissioner but the Parliament indicted by His Majesty was prorogated till the Reasons of the Demands of the Estates were rendred to His Majesty which having done by their Commissioners they kept the second of June the day appointed by His Majesty for the sitting of the Parliament An. 1639. And after diligent Inquiry hearing nothing from His Majesty nor His Commissioner neither by their own Commissioners or any other sent from His Majesty which might hinder the Parliament to proceed to the settling of their Religion and Liberties after mature Deliberation and long waiting for some signification of His Majesties Pleasure they have all with one consent resolved upon certain Acts which they have judged to be most necessary and conducible for His Majesties Honour and the Peace of the Kingdom so far endangered by Delays and have committed to us the Trust to shew you so much and withall to send a just Copy of the Acts that by your Lordship His Majesties principal Secretary for Scotland they may be presented to His Majesty The Declaration prefix'd to the particular Acts and the Petition in the end contain so full Expressions of the Warrants of the Proceedings of the Estates and of their humbly continued Desires that no word needs to be added by us We do therefore in their Name according to the Trust committed to us desire your Lordship all other ways of Information being stopt with the presenting of these Acts of Parliament to represent unto His Majesty against all Suspicions Suggestions and Tentations to the contrary the constant Love and Loyalty of this Kingdom unto His Majesties Royal Authority and Person as their Native King and kindly Monarch and that they are seeking nothing but the establishing of their Religion and Liberties under His Majesties Government that they may still be a free Kingdom to doe His Majesty all the Honour and Service that becometh humble Subjects that their Extremity is greater through the Hostility and Violence threatned by Arms and already done to them in their Persons and Goods by Castles within and Ships without the Kingdom than they can longer endure and that as His Majesty loveth His Own Honour and the Well of this His Ancient Kingdom speedy course may be taken for their relief and quieâ—ness and that if this their faithful Remonstrance which as the great Council of the Kingdom they found themselves bound to make at this time for their Exoneration be passed over in silence or answered with delays they must prepare and provide for their own Deliverance and Safety We are very hopeful that your Lordship as a good Patriot and according to the Obligement of your Place will not be deficient in that Duty for your Native Country and send us a speedy Answer as we shall in every Duty be careful at all occasions to shew our selves Your Lordships humble Servants Signed Balmerino Burghly Napier Thomas Hop J. Murray J. Hamilton G. Dundas J. Smith Ed. Eggar Tho. Paterson Ja. Sword Edinburgh 17 June 1640. The Covenanters did also sign a Bond among themselves for adhering to these Acts and prosecuting of those who had been the Incendiaries from the beginning of the these Stirs the Marquis and Traquair being the chief of them The King is highly offended But all this gave great Offence at Court the King looking upon it as a bolder Attempt than any yet made which struck at the root of His Authority and overturned the Fundamental Laws of Scotland and therfore he judged himself bound to repair this Affront with the Sword God had put in his Hands An. 1640. At this time the Marquis got the following Memorial sent him from my Lord Lowdon out of the Tower of London written all with Lowdon's Hand and yet extâ—nt Memorandum for the Lord Lowndon TO speak to the Marquis of Hamilton Lowdon moves for his Enlargment that according to that Interest of Bloud and the Confidence which the Lord Lowdon reposeth in him his Lordship may be pleased to intercede seriously with the King that His Majesty may be Graciously pleased to consider of the Petitions and Informations which have been tendered to His Majesty from the Lord Lowdon and for him from Scotland which do abundantly clear his Innocency concerning that French Letter in respect of the time and occasion of writing that Letter the Letter it self being onely for Mediation and Intercession as is clear by the Instructions yet extant to have been sent with that Letter which are the true Commentary of the Letter The Letter it self was never sent nor used but rejected and no other Letter sent It was written long before the Pacification wherein His Majesty was Graciously pleased to pass all preceding Deeds in Oblivion The Lord Lowdon came hither upon His Majesties Own Warrant which is sufficient for his Indempnity and Return till he be exonered of his Imployment He came from the Parliament with Commission from them to shew His Majesty the Reasons of their Demands trusting confidently in His Majesties Iustice and Goodness and with most Loyal Affection and Ardent Desires to have given His Majesty satisfaction and to have returned with no less Fidelity and Forwardness in carrying and pressing His Majesties Royal and Iust Commands during which time he could expect nothing less than that he would be called in question for a prior Deed all which are most manifest by the Petitions and Informations presented to His Sacred Majesty Therefore I most humbly beseech that His Majesty may be Graciously pleased to consider of the former Petitions and true Informations which being pondered in the Balance of His Majesties Righteous Iudgment I am most confident my Innocency will appear clearly to His Majesty and that I will find such a speedy delivery as may give demonstration to the World of His Majesties Iustice and Goodness and as may not onely from the Conscience of my Duty but likewise from the sense of His Royal Benignity encourage me ever to contribute my best Endeavours for furthering of His Majesties Service And if His Majesty be not fully satisfied with my humble
Instructions and of full and ample Power from His Majesty He having fully signified His Pleasure to those whom He did entrust with the executing thereof not thinking it fit to imploy other Servants of greater Eminence by reason of the disorders and iniquities of the Times and as forced by the importance of his other great and weighty Affairs He was necessitated to prorogue the Parliament for some few days so did He most really intend to perform at the time prefixed whatsoever He had promised by the Act of Pacification But neither can the neglect of His Servants if any be nor those other Reasons alledged by the foresaid Noblemen Barons and Burgesses in their Declaration for their Sitting satisfie His Majesty for their proceeding in a Parliamentary way since by the Duty and Allegeance of Subjects they are bound to acknowledge in a most special manner His Transcendent Power in Parliaments and if Subjects there do assume the Power of Making Laws and of Rescinding those already made what Act can be done more derogatory to that Regal Power and Authority we are all sworn to maintain Therefore His Majesty conceives they cannot in reason expect He can interpose His Royal Authority to these or any other Acts whatsoever whereto neither He in His own Royal Person nor by His Commissioner did assist Yet such is His Majesties Clemency that when they shall take such an Humble and Dutiful way as may witness that they are as careful and tender of His Majesties Royal Power as they are desirous of His Approbation then shall it be time for them to expect such a Gracious and Iust Answer as may testifie His Majesties Fatherly Compassion of that His Native Kingdom and his Pious and Princely care of performing whatsoever is necessary for establishing their Religion and Laws So thus having imparted unto you all that was enjoyned me by His Majesty I shall say no more from my self but I am Your Lordships humble Servant LANERICK Whitehall 27th of June 1640. My Lord Lowdon found matters at so great a height that he was able to do little more than give intelligence that he delivered the Letter to the Lords at Edinburgh who returned to it the following Answer My Lord The Reply of the Committee WE received your Lordships Letter of the 27th of June from the Lord Lowdon whose relief out of Prison gives us occasion before we answer your Lordships Letter to acknowledge the same as an act of His Majesties Royal Iustice and Goodness although the pretended cause of his Imprisonment was but a malicious Calumny of the Enemies of the Kings Honour and our Peace forged to engage both His Majesties Kingdoms in a National War As we cannot but regrate that any neglect of His Majesties Officers or absence of His Commissioner whose presence we did both desire and expect should hinder the interposing of His Royal Authority to these Acts of Parliament which were found most necessary for establishing Religion and the Peace of this Kingdom and which according to the Acts of Pacification His Majesty was graciously pleased to promise so we have and shall still endeavour to give demonstration of that tender Respect we have of His Majesties Honour and Royal Power And whereas your Lordships Letter doth imply that we should take some other way for the more easie obtaining His Majesties Approbation which also by several reasons hath been most instantly pressed by the Lord Lowdon yet we conceive that Parliamentary way which was taken by the Estates convened by His Majesties Special Warrant to have been most Legal and necessary and no ways derogatory to His Majesties Power in Parliament nor contrary to the Duty of good Subjects who are warranted by the Articles of Pacification under His Majesties Hand to determine all Civil questions ratifie the Conclusions of the Assembly and remove the present Distractions of this Kingdom as is more abundantly demonstrated by their Declaration in Parliament thereabout So that we dare not take any other Course which may entrench upon their Parliamentary Power or Proceedings nor will we being so few in number appointed by them to stay here presume of our selves in a matter of so great moment to return a more full and particular Answer till there be a more frequent Meeting of those appointed by Parliament which will be shortly and then your Lordship shall be acquainted that you may shew His Majesty their Resolutions and humble Desires and we shall remain Your Lordships affectionate Friends and Servants Signed Lindsay Balmerino Burghly Napier J. Murray G. Dundas Ja. Sword J. Forbes Ed. Eggar Edinburgh 7th of July 1640. They went on with their Preparations The Preparations are great in Scotland and caused all to bring in the tenth Peny of their Rents to make this War look like a Sacred one since carried on by the Tithes and ordered their Forces to be drawn together Mean while the King went on at as good a pace as he could and went from London in the end of Iuly to make his Rendezvous at York The Earl of Strafford staid some time behind partly for Sickness partly to see what Money could be borrowed from London and at this time there were great and high Misunderstandings between him and Sir Henry Vane both making their Complaints to the Marquis by their Letters Strafford was also to bring an Army out of Ireland upon the West of Scotland whereupon they in Scotland drew their Forces together in the end of August and resolved to march into England and make that the Seat of the War pretending as by their Declaration then emitted doth appear that their Trade was block't up by English Ships that in England and Ireland Scotishmen were proceeded against for taking the Covenant and the English Council had voted a War with them wherefore they said they were constrained to go into England with their Petitions declaring they came not to invade England but to avert the Invasion of their Country that was designed adding that they should be so far from doing prejudice to any in England that severe Justice should be executed upon those who took any thing in England without payment And about this time Ruthwen being for many months block't up in the Castle of Edinburgh so that Victuals and Ammunition were spent his Water also failed and most of his Souldiers died was forced to Capitulate and render up the Castle of the Covenanters But not to stand too long on matters universally known as soon as they entred England The Scotish Army enters England the King by Proclamation declared them Traytors on the 22th of August yet they went on and when they came to the Ford of Tine at Newburn some miles above Newcastle they found it guarded by a Body of Foot who had raised a Brest-work near the River and lay there to obstruct their passage Yet no sooner did the Scottish Cannon begin to play but they struck with Fear threw down their Arms and run away whereupon the General
the World is in so much mis-understanding of me but now be your Lordship pleased to admit me to resort to your noble Expressions and former Friendship that I may carry forth of the â—ourt with me the belief and tokens of it It is told me that the Lords are inclinable to preserve my Life and Family for which their generous Compassions the great God of Mercy will reward them and surely should I die upon this Evidence I had much rather be the Sufferer than the Iudge All that I shall desire from your Lordship is that devested of all Publique Imployment I may be admitted to go home to my own private Fortune there to attend my own Domestick Affairs and Education of my Children with as little asperity of words or marks of Infamy as possibly the Nobleness and Iustice of my Friends can procure for me with a Liberty to follow my own occasions as I shall find best for my self This is no unreasonable thing I trust to desire all considered that may be said in my case for I vow my fault that should justly draw any heavy Sentence on me I yet do not see yet this much obtained will abundantly satisfie a Mind hasting fast to quiet and a Body broken with afflictions and infirmities And as I shall take my self highly bound to any that shall further me therein so I more particularly desire to receive an obligation therein froâ— your Lordship than from others as being purposed in the truth of my former Professions to express my self Your Lordships humbly to be Commanded STRAFFORD Tower 24th of April 1641. But since all His Majesties most vigorous Intercessions were not able to preserve that Great man it is not to be imagined any good Offices done by meaner persons could succeed yet the Marquis acted in it with Great Candor and Friendship but that preserved him not from being suspected of having advised the King to consent to Strafford's Death and for his Vindication I shall only refer the Reader to his own words in the Speech he delivered the morning before he died to be inserted in its proper place The Scotish Bishops who were now at London thought themselves undone and complained of the Marquis as the cause of their Ruine Many complain of the Marquis and yet he had been careful to get them all either provided with Places or relieved with the Kings Money so that all of them in their Letters to him acknowledged him to be their only Patron about the King Traquair was worst pleased of any and complained that the Marquis had opposed the Article of Incendiaries till his own Name was dashed out and then had deserted the rest but his Name was not struck out alone Huntley's and many others being dashed out with him besides the prejudice of that Process was only to be put out of Imployment in Scotland by which the King was engaged in Honour to make up that loss another way wherein the Marquis engaged to serve him faithfully Others of the Court who hated and envied him were glad to find colours of Censure in any of his Actions and it was loudly talked that the King was now to part with his Crown of Scotland with his own hands by granting Concessions so derogatory from Kingly Authority but the King who understood his own Affairs better than any of these Censurers saw the necessity of settling with Scotland immediately For the Marquis represented to His Majesty that though those Acts did very much diminish his Authority yet the Scotish Parliament being governed but by a few Heads who influenced the rest there was no doubt but the gaining of the Leading-men might so prepare things that ere a few years went about all might be brought to a greater Temper for the King was firmly resolved to make good what he now promised and never to violate these Concessions unless he could get them rescinded in Parliament And let me once for all say freely this was the great Measure of all the Marquis his Counsels about Scotland that except when he saw at the beginning as hath been said that the Kings Interest and Honour required his utmost Resentments and that a forcible Redress seemed not improbable and promised success way should be given to the present heats for some time in hope of recovering of them by such Concessions The Earl of Rothes is gained and soon after dies and in pursuance of this design Rothes was much caressed by the King and intirely gained but as he was recovering to his Duty he was overtaken by sickness of which he died at Richmond and was much regrated both by those of the Court and the Covenant being a man of great Abilities and much Honour In Iune the Earl of Dumfermline and Lowdon were sent from London to Scotland with the Articles of the Treaty and a desire that the Parliament there might yet be prorogued for some time since the Affairs of England put a stop to the Kings present Journey They also carried down a Submission from Traquair and were to deal that the Acceptance of it might stop the further agitation of the Pursuit against him All this while there had been divers Meetings of Parliament in Scotland but by reason of the dependence of the Treaty they were still prorogued The Parliament of Scotland is oft prorogued but goes on with the Process against Incendaries Their greatest business was to prepare the Process against the Incendiaries both the President Spotswood and the Clerk of Register Hay being Prisoners in the Castle of Edinburgh since the former Winter The Covenanters required the Kings Advocate to concur with them according to his Place which obliged him to assist in the Pursuit of all Publick Crimes but Lanerick in the Kings Name commanded him to deny his concurrence and this made much ado as also in all the Kings Orders for proroguing the Parliament mention was made of my Lord Traquair as Commissioner against which they always protested But at this time the Parliament would not consent to Prorogue of new only they declared they should be preparing matters and not go on to the Determining any thing before the middle of August against which time the King purposed to be in Scotland As for Traquair's Submission it was rejected and many begun to complain aloud that whereas they signed a Bond to prosecute the Incendiaries yet many were dispensed with and much pains was taken by distinctions to satisfie their Consciences that they meant not to set up an Inquisition by that Oath and that it was only meant of those that were declared and avowed Incendiaries but others said that the words were general and tied them without respect of persons to pursue all equally The Earl of Montrose is made Prisoner for corresponding with the Court. At this time there was a Gentleman seized at Broxmouth with Letters to my Lord Montrose which discovered a new Correspondence of his with the Court for my Lord Traquair's Preservation and with this
idle in so stirring Times and therefore His Majesty would consider how to make use of them lest otherwise they may be engaged and with them the Kingdom Shew that it will be impossible longer to delay the Meeting of the Commissioners for Conserving of the Peace and what my Part hath been therein and therefore to Consider if it were not fit they were called by His Majesties Warrant Shew that I could not think of a better way to serve Her Majesty for the present than by procuring an Invitation from the whole Kingdom for Her return which Proposition if His Majesty conceive fit for His Service and be acceptable to Her Majesty I doubt not of the effectuating it otherwise it shall here end Shew that though I can be of no great use to His Majesty any where yet I conceive more here than at York for albeit I still say I can undertake for nothing yet I may possibly be able to prevent Evil if I can do no Good Shew the miserable Condition of my Fortune which occasioneth the not sending as yet the Moneys for entertaining the Horse which if the sale of Land can procure shall be quickly remedied In August following there was an Assembly to which the King sent the Earl of Dunfermline Commissioner Dunfermline Commissioner to the General Assembly with full Assurances of His Majesties Resolution to adhere to what was now settled by Law and to encourage all good Motions for advancing of Piety and Learning and it was also recommended to him as his chief Work to keep the Assembly within their own bounds that they might not meddle with England nor interpose in the Differences betwixt the King and the Two Houses But this was not to be done except by Authority backed with Force for there came a Declaration from the Parliament of England which was very welcome to them and had such a Return as they of England desired For the Assembly declared Prelacy to be the great Mountain that lay in the way of the advancement of Religion The Assembly declares against Episcopacy in England which must first be removed before the Church and Work of God could be established and nothing the Kings Commissioner said was able to divert them from this so irresistible was their Zeal They also sent a Petition to the Council desiring them to second their Address to the King for an Uniformity in Church-Government in all his Dominions and likewise desired that by reason of the Commotions were in England the Council would call together the Conservatours of the Peace this was a Court established by the late Parliament to see to the Preservation of the Articles of the late Treaty with England The Council upon this recommended Uniformity in Church-Government by a Letter to the King wherein they desired also Warrant to convene the Conservatours of the Peace the Assembly wrote also to the King to the same purpose The Marquis represented to His Majesty that their Zeal for this Uniformity was so great that no Art could hinder them from Petitioning for it but if they could be preserved from Deeds Many desire Uniformity in Church-Government and that the Conservators of Peace might meet their big words were to be answered with smooth Language But as for the Meeting of the Conservatours of the Peace he laid out the hazard of it to the King for if he refused to convene them it would raise Jealousies in the Peoples minds and there was ground to fear they would meet of their own accord if they were not called which would be an affront to the Kings Authority and might precipitate a Rupture But on the other hand there was no small danger in their Sitting for of that number some were likelier to disturb than conserve the Peace To the Letters from the Assembly and Council the King wrote the following Answer CHARLES R. BY your Letter to Vs of the 19th of this Instant August We find you concur with Our late General Assembly The Kings Letter about Uniformity of Church-Government in their Desire to Vs about Vnity of Religion and Vniformity of Church-Government in all Our three Kingdoms which cannot be more earnestly desired by you than shall be really endeavoured by Vs in such a way as We in Our Conscience conceive to be best for the flourishing Estate of the true Protestant Religion But as for Ioyning with Our Houses of Parliament here in this Work it were improper for Vs at this time to give any Answer for since their Meeting they have never made any Proposition to Vs concerning Vnity of Religion or Vniformity of Church-Government so far are they from desiring any such thing as we are confident the most considerable Persons and those who make fairest Pretences to you of this kind will no sooner embrace a Presbyterial than you an Episcopal And truely it seems notwithstanding whatsoever Profession they have made to the contrary that nothing hath been less in their minds than Settling of the true Religion and Reforming such Abuses in the Church-Government as possibly have crept in contrary to the establish't Law of the Land to which we have been so far from being averse that We have by divers Declarations and Messages pressed them to it though hitherto it hath been to small purpose But when-ever any Proposition shall be made to Vs by them which We shall conceive may any way advance the Vnity of the true Protestant Religion according to the Word of God or establish the Church-Government according to the known Laws of this Kingdom We shall by Our chearful Ioyning with them let the World see that nothing can be more acceptable unto Vs than the furthering and advancing of so good a Work So we bid you Farewell From Nottingham the 26th of August 1642. All in Scotland called for the Conservatours Sitting and said that they must be on their guard The Chancellor calls a Meeting of the Conservators of the Peace when War was like to be on their Borders whereupon the Council ordered the Chancellour to convene them At this time all the Scotish Commissioners returned from London every thing that concerned the Treaty being expeded but the Council thought it necessary to send the Earl of Lindsay and Sir Iohn Smith to lie there for Correspondence of which they gave the King notice With this His Majesty was highly displeased for he said they were either sent to Treat by vertue of the Commission from the Parliament in which case they were not a Quorum or by the Councils Authority if so then he asked who warranted them to do that without his Order yet to take away any ground of Heats or Jealousies he impowered them to go that they might see to the preserving the Articles of the Treaty As for the Conservators of the Peace he gave the Earl of Lowdon Warrant to convene them against the 22th of September and sent Mr. Murray of the Bed-Chamber afterwards Earl of Dysert with Instructions Mr. Murray
more Messages as may be most for His Majesties Honour and Peace of His Kingdoms which if they shall refuse or despise I hope we will not then forget that it is our King that is reduced to this necessity and that we will never look on unconcerned where he is so deeply engaged I hope you will pardon the Trouble I give you in reading this long ill-written Letter for had I not been Commanded to it by a Power which God willing I shall never disobey it had not been hazarded on by Your most humble Servant LANERICK Nottingham the last of August 1642. The Marquis took all the pains imaginable on Argyle and Lowdon to perswade them to a cordial owning of the Kings Service Much pains taken to engage Scotland to the Kings Service as the only way to give Scotland a lasting Interest in the Kings Affection which also would make them famous all the World over And since the Scotish Troubles had involved the King in all His difficulties it was just they should study to extricate him and for the pretence of Religion with which the English were cajoling our Scotish Clergy he said he was to be pardoned if he presumed to know them better than they could assuring them that Religion was only pretended by them He took also a great deal of pains in many others to prepare them against the day in which the Conservatours were to meet to which Lanerick came with the following Letter from His Majesty Right trusty c. The Kings Letter to the Conservatours of the Peace HAving been informed that upon Petition of the Commissioners from Our late General Assembly Our Council thought fit that you should meet for discharging of that Trust imposed on you by Vs and Our Parliament whereby all fair means may be used to prevent such Troubles and Divisions as may interrupt or endanger the common Peace of Our Kingdom And as it ought to be the continual study of all Good and Pious Princes to preserve their People so certainly it is the Duty of all Loyal and Faithful Subjects to maintain the Greatness and Iust Authority of their Princes so that without this reciprocal Endeavour there can be no Happiness for the Prince nor Security for the People We are sure Our late Actions in Scotland will to all posterity be an acceptable witness of Our Care in preserving the Liberty of those Our Subjects and Our Desire to settle perfect Peace in that Our Kingdom And We are also confident that the many good Acts We have past here since the Sitting of this Parliament indeed denying none but such as denyed Vs any Power at all and were never so much as demanded from any of Our Predecessors will bear the like Testimony of Our Affection to the Good and Peace of this Kingdom though the success hath not been alike For though We have used Our best Endeavours to prevent the present Distractions and threatning Dangers yet so prevalent have been the opposers of Vs and the Peace of Our Kingdoms that not so much as a Treaty can be obtained though by Our several Messages We have descended to demand and press it unless upon such Conditions as would either by taking all Power of Government from Vs make Vs as nothing or by forcing Vs to quit the Protection of such as for obeying Vs according to Law and their Oath of Allegiance they would have Traytors and so make Vs do an Act unworthy of a King Yet so desirous We are to save Our Subjects Blood which cannot but be prodigally spent if We be necessitated by force of Arms to decide these unhappy Differences that no sooner any such Treaty shall be offered unto Vs by them which with Honour and Safety We can receive but We shall chearfully embrace it This We have thought fit to acquaint you with that from Our Selves you may know Our love to Peace and We doubt not but your Meeting at this time will produce something which will witness your tender respect to Our Honour and Safety and so much We do confide in your Affections as We shall absolutely leave the ways and means of expressing it to your selves So We bid you heartily farewell From Our Court at Stafford the 18th of September This so far prevailed with them at their first Meeting The Conservatours incline to serve the King that all things went very fairly so that they sent a Return to the Kings Letters without making any Judgement on the Differences betwixt Him and the Parliament They also resolved to Mediate betwixt the King and the Two Houses and for that end designed to send the Marquis to Holland with an Invitation from Scotland to Her Majesty for her Return to mediate a Peace betwixt the King and Parliament and to invite the Queen And the Marquis got a Paper signed by almost all the Lords not only those who were the best-affected but by Lowdon Argâ—le Waristoun Mr. Alexander Henderson and the other Leaders of the Party containing an Invitation for Her Majesty to come to Scotland with assurance of Security for Her Person and the free exercise of Her Religion for Her Self and Family so that no others were admitted to share in it and that they should concur with Her Majesty in mediating a Peace betwixt the King and the Two Houses which if it were rejected by the Two Houses they obliged themselves to engage for the King against them This was carried with great Address and managed so prudently that wise men called it the Master-peece of the Marquis his Life Lanerick carried it to the King to receive His Pleasure about it a Note whereof follows written by Lanerick in general Terms DIvers of the most considerable of the Nobility of Scotland and send Lanâ—rick to the King have by the Earl of Lanerick humbly offered unto His Majesty their sense of the present Differences betwixt Him and His Parliament of England which they conceive will hardly be reconciled so long as Her Majesty is at so great a distance and therefore are perswaded it would conduce much for Settling these Distractions if Her Majesty might be moved to return and mediate in so good a Work for which end the Marquis of Hamilton if His Majesty think fit and conceive it may be acceptable to Her Majesty will be ready to go to Holland humbly to invite Her Majesty hereunto in Name of this whole Kingdom of Scotland who will as dutiful and faithful Subjects humbly joyn their Endeavours and Mediation with Her Majesty that His Majesty may have Honour and Contentment and His People Happiness and Security under His Royal Government But the King was jealous of them The King at first welcomed this Proposition with a great deal of Joy but upon other grounds he thought not fit to listen to it for his Affection to the Queen made him fear the hazard of Her Person so much that this Proposition was not entertained which the Marquis often regrated as a Loss
Attempts and he could neither be caressed nor cudgelled out of it Most of Pickering's Letters both to Pym and Clotworthy were intercepted from which I draw these Accounts About the 20th of December there was a Council-day a particular account whereof I shall give Great debates in the Council about the Kings Declaration as I have it from a Copy of a Letter written to London in which the Chancellour presented to the Council a Letter from my Lord Lindsay then at London with the Declaration of the Parliament But though the Lords of that Party knew nothing of this yet by private Letters Lanerick had some conjectures of it beforehand After the Parliaments Paper was twice read Lowdon resumed it fully and assoon as he had done with that Lanerick delivered another Letter from the King with as large a Declaration within it and after it was twice read Lanerick bade the Chancellour resume it as faithfully as he had done the former which accordingly he did The first thing the Marquis thought best to move as that of the least Importance which yet would discover how the Council was inclined was the Publishing the Kings Declaration The Lord Balmerino said the Parliament desired not theirs to be published so it were Officiousness to do it but that it were Injustice to publish the one without the other The Marquis asked was that because we owed as much to the Parliament of England as to the King Lanerick added he had a Command from the King for it Argyle answered they sate there to good purpose if every Message to them was a Command and they two let fly at one another for a while with much eagerness But the Marquis and Balmerino took the debate off their hands and managed it more calmly The Marquis said the Vote was to be stated Obey or Not obey the other answered that was the Bishops way of proceeding to procure Orders from the King without Advice and then charge all who offered better Counsel with Disobedience The Marquis said to what did they mean to reduce the Kings Authority if he might not set out Declarations for removing the Aspersions were cast on his Person and Government or would they speak plainly were they afraid that his Subjects might have too good an opinion of him if they heard himself There appeared a variety of Opinions before it was put to the Vote some were for Printing both some were for Printing neither some for Printing the Kings and not the Parliaments and one had a singular Opinion for Printing the Parliaments and not the Kings There were one and twenty Councellours present and it being put to the Vote Print or not Print there were eleven who voted I I I and nine voted No No No. This being carried that the Kings Declaration and not the Parliments should be Printed the Marquis moved next that the matter of these Declarations might be considered But the Lord Balmerino said the Parliament of England was long in contriving their Paper and the King and those about him had been no doubt as long in forming the other and if we shall fall upon a few hours Consideration to give our sense of them we were pretty fellows in faith which he twice repeated This rude Raillery touched the Marquis in the quick because he conceived these words were not so much a reflexion upon himself as on the King who on another great occasion had used the same expression However they had sate and debated long so they gave it over for that day This is set down more particularly because it was the first instance that these two Parties fell visibly asunder and henceforth they continued stated in two Factions But because I love not to name persons upon invidious occasions henceforth all the other Faction shall be designed by the General term of the Church-party others calling them Argyl's Party and the other the Hamilton-party However the Declaration was printed which drew a large share of Censure and Hatred on the two Brothers but the King was so well pleased with their Behaviour that he wrote the Marquis the following Letter Hamilton YOu know I am ill at words I think it were best for me to say to you as Mr. Major did you know my mind and indeed I know none of my Subjects that knows it better and having for the present little else to give my Servants but thanks I hold it a particular Misfortune that I can do it no better therefore this must suffice I see you are as good as your word and you shall find me as good in mine of being Your most assured constant Friend CHARLES R. Oxford December 29th 1642. An. 1643. POSTSCRIPT You cannot take to your self nor express to your Brother better thanks than I mean to you both for the Service you did me the last Council-day Anno 1643. THe next Year begun with Petitions which were brought from divers Shires and Presbyteries complaining of their Publishing the late Declaration but the Conservatours of Peace who were for the most part of the Church-party made this up the best way they could Most are inclined to joyn with the Two Houses against the King for first they declared a Publication was not an Approbation next they appointed the Parliaments Declaration to be also Published At this time the Marquis and Traquair renewed their old Friendship and seeing these Petitions coming in so fast which did clearly insinuate desires of engaging in the Parliaments Quarrel he with his Brother's and Traquair's advice contrived a Cross Petition to be offered to the Lords of Council And as the Motion of it came first from him so the first draught of it was from his Pen of which I find an account under Lanerick's hand so little reason there was to charge him with Juggling in that matter though it was not fit he should have owned it lest upon that account the Church-party might either have accused him as a Plotter or at least cast him from Sitting and Judging in it The Petition follows May it please your Lordships The Cross Petition THat whereas His Majesty with Advice of his Great Council the Estates of Parliament hath been pleased to select your Lordships to be His Councellours and hath by an Act of the late Parliament committed to your Lordships the Administration and Government of this Kingdom in all Affairs concerning the Good Peace and Happiness thereof and in regard of that great Trust reposed by His Majesty and the Estates of Parliament in you your Lordships have been and will continue so careful to acquit your selves of that weighty Charge as you may be answerable for all your Actions and Proceedings to His Majesty and the Estates of Parliament to whom as we conceive you are and can only be accomptable And now we being informed of a Petition presented by some Noblemen Gentlemen and others to the Commissioners for conserving the Articles of the late Treaty upon pretext of your Lordships not Sitting at that time
wherein it is represented that your Lordships late Warrant for Printing His Majesties Letter hath occasioned great Grief and heavy Regrate of all who tender the Glory of God His Majesties Honour and procuring Vnity of Religion and Vniformity in Church-Government the continuance of Peace and Vnion betwixt the two Kingdoms and fearing if at this time we should be silent your Lordships should conceive us and the rest of the Kingdom to be involved with them in the like Desires Iudgements and Opinions and lest by our silence our Gracious Soveraign the Kings Majesty should believe us wanting in the Duty and Allegiance which by so many Tyes and Obligations we owe to Him our Native King or that our Brethren of England should apprehend the least Intention â—r Desire in us to infringe or any ways to encroach upon the Brotherly Vnion of the two Kingdoms so happily united under one Head We presume in all Humility to clear our selves and our Intentions to your Lordships and to all the World and therewith to represent our humble Wishes and Desires for Establishing His Majesties Royal Authority and continuing that happy Vnion betwixt the two Kingdoms which can never truely be conceived to be intended to weaken the Head whereby it is knit together and without which it can have no subsistence The happy Vnion of the two Kingdoms under one Head our King doth so much add to His Majesties Greatness and Strength of both Kingdoms that we British Subjects cannot choose but wish that the said Brotherly Vnion be heartily entertained and cherished by all fair and reasonable means to which we conceive no one thing will so much conduce as that the late Articles of the Treaty of Peace and Conclusions taken thereupon about Vnity of Religion may be carefully and timeously prosecuted wherein as our Commissioners then so we now without presuming or usurping to prescribe Rules or Laws of Reformation to our Neighbour-kingdom Civil Liberty and Conscience being so tender that it cannot endure to be touched but by such as they are wedded to and have lawful Authority over them notwithstanding seeing the duty of Charity doth oblige all Christians to pray and profess their Desires that all were of the same Religion with themselves and since we all acknowledge that Religion is the base and foundation of Kingdoms and the strongest Bond to knit the Subjects to their Princes in true Loyalty and to knit their Hearts one to another in true Vnity we cannot but heartily wish that this work of Vnion so happily begun may be crowned and strengthened by the Vnity of Church-Government and that your Lordships with us may be pleased to represent it to His Majesty and Both Houses of Parliament as an expression and Testimony of our Affections to the good of our Brethren in England and of our Desires to make firm and stable our Brotherly Vnion by the strong chain and Bulwark of Religion but as we have said no ways intending thereby to pass our bounds in prescribing and setting down Rules and Limits to His Majesty and the Two Houses of Parliament their Wisdom and Authority in the way of prosecution thereof The sense we have of the great Calamities and irreparable Evils which upon occasion of these unhappy Distractions and Mistakes betwixt the Kings Majesty and the Two Houses of England which if not speedily removed cannot but produce the fearful and prodigious effects of a bloody and Civil War obligeth us in the duty of Christians and as feeling members of what may concern our Common Head the Kings Majesty and the Good and Happiness of our Brethren of England humbly to represent to your Lordships That as we will not be wanting with our Prayers and our faithful and best Endeavours to assist in the removing of these unhappy Mistakes and Misunderstandings so we heartily wish and humbly Petition your Lordships that from the deepness of your Wisdom such happy Motions may flow as upon that tender care of our Soveraigns Person and Authority Peace and Truth may be settled in all His Majesties Dominions Although we will not presume nor take upon us to prescribe Laws and Rules to your Lordships yet in all Humility we intreat your permission to represent such Particulars as we conceive and are very confident will conduce much to the removing of all â—hese Mistakes betwixt His Majesty and His Two Houses of Parliament and be a ready mean to facilitate a happy and wished Peace and continue the Brotherly Vnion between the Two Kingdoms And first that in answering the foresaid Petition your Lordships may be pleased to do no Act which may give His Majesty just occasion to repent him of what Trust he so Graciously expressed in his Letter of the Date the fifth of December He reposes in us His Subjects of His Ancient and Native Kingdom for we cannot think that our Brethren in England or any other can believe that the ground of this Mutual Vnion of the two Kingdoms by the several and respective Vnions to our Prince and Head should weaken the strong Bond whereby it is knit and by which we are so firmly tied by so many Ages and unparalelled lineal descents of an hundred and seven Kings Neither can we suppose that any good Protestant or true member of our Church can imagine far less seduce others to believe that by the late Treaty of Peace or Act of Vnion we as Scotish Subjects are in any sort liberated from the Dutiful Obedience which as Scotishmen we owe to our Scotish King or from that due Loyalty which as Scotish Subjects we owe to our Native Soveraign for Maintenance of His Person Greatness and Authority or that thereby we are in any other Condition in these necessary Duties to our Soveraign than we and our Ancestors were and have been these many Ages and Descents before the making of the said Act or before the Swearing and Subscribing of our late Covenant by which we have solemnly sworn and do swear not only our mutual Concurrence and Assistance for the cause of Religion and to the utmost of our power with our Means and Lives to stand to the Defence of our Dread Soveraign His Person and Authority in the preservation of Religion Liberty and Laws of this Church and Kingdom but also in every Cause which may concern His Majesties Honour we shall according to the Laws of this Kingdom and Duty of Subjects concur with our Friends and Followers in quiet manner or in Arms as we shall be required of His Majesty or His Councel or any having His Authority Secondly That if your Lordships think it fitting to make any answer to the Parliament of England their Declaration your Lordships may be pleased not to declare enact or promise any thing which may trouble or molest the Peace of this Kirk and Kingdom which by God's special Grace and His Majesties Favour and Goodness we enjoy and have established unto us according to our Hearts desire by the Laws Ecclesiastical or Civil of
may be had and He and all His Subjects may discern what is to be left or brought in as well as what taken away He knows not how to consent to an Alteration otherwise than to such an Act for tâ—e ease of Tender Consciences in the matter of Ceremonies as His Majesty hath often offered And His Majesty hath formerly expressed Himself and still continues willing that the Debates of Religion may be entred into by a Synod of Learned and Godly Divines to be regularly câ—osen according to the Laws and Customs of this Kingdom to which end His Majesty will be very willing that some Learned Divines of the Kirk of Scotland may be likewise sent to be present and offer their Reasons and Opinions This was the Success of that Negotiation but because the Reader may wonder how Lowdon and the Marquis came to be in such terms I shall set down the occasion of their Breach When Lowdon was to go up the Marquis resolved on a Course that should either stop his Journey or make him so obnoxious to the King that he should not dare to act contrary to his Duty which was this Lowdon had purchased from the King a Right to the Annuities of the Tythes that was confirmed to His Majesty by Act of Parliament whereupon the Marquis caused the following Petition to be drawn by Traquair's Advice To the Kings most Excellent Majesty the Humble Petition of the Noblemen Barons and Gentlemen occasionally met at Edinburgh Humbly Sheweth THat whereas Your Majesty at Your late being in Scotland being humbly moved to disburden and liberate the Subjects of this Kingdom of the Annuity due to Your Majesty out of the Tythes The Petition against the Annuities were pleased in that only Particular to delay to give us our Hearts desire and now out of the sense of the great Burdens that lye on us and in Confidence of the Continuance of Your Majesties Fatherly Care of the Good of Your Subjects we presume humbly to supplicate Your Majesty to be Graciously pleased in this Particular to dispense with Your Own Benefit or at least till Your Majesty be informed of the true state thereof to discharge Execution against us for the said Annuities And for Your Majesties incomparable Goodness and Gracious Favours we shall as in duty bound behave our selves in every thing as becometh Loyal and Faithful Subjects As we have unanimously endeavoured so shall we still continue to return such thankâ—ul Acknowledgment as may give to Your Majesty a real Testimony of our zealous Affections to Your Majesties Sacred Person Honour and Greatness derived upon Your Majesty by so many unparalelled Descents and as Your Majesty may expect and justly challenge from the Allegiance of us Your Majesties most obedient and obliged Subjects 16th February 1643. The last words of this Petition were by the first draught so conceived as would have amounted to a Bond of Mutual Defence and Adherence which the Marquis thought might draw on a Rupture and occasion a pursute as against Plotters therefore since this Paper was to be avowed and publick he judged such Expressions as were smooth and general were fittest for their Design This Petition was signed by him and a great many of the Nobility he also sent it up and down all the places where he or his Friends had Interest to get Subscriptions to it This was generally lookt upon as a well-couched Bond both by such as took it and those who refused it and yet this smoothing of the Expressions of it was represented by the Marquis's Enemies as done in prejudice to the Kings Service These Petitions were sent immediately to the King upon which great Complaints were made as if by these immediate Addresses the Judicatories of Scotland had been neglected but the King justified that part of it in an Answer he wrote to the Council and for the thing it self he resolved to keep Lowdon under the fear of it and therefore delayed to make any Answer In the end of February Her Majesty landed at Burlingtown whither the Earl of Montrose went to represent to Her the hazard of a new Rebellion in Scotland The Queen lands in England and Montrose waits on Her and offers his Service and that the only way to prevent it was to take the start of them before they were ready and with a great deal of forwardness offered his Service in that Design adding that he had great Assurances of a considerable Party who he knew would own the Kings Quarrel but he did not condescend on the particular way of prosecuting it so that the Queen was not satisfied of his being able to effectuate what he undertook Mean-while the Marquis hearing of Her Majesties Landing went to wait on Her to whom She proposed the Earl of Montrose's Offer but he studied by all means to divert Her from listning to it upon the following Grounds The King had settled a Treaty with Scotland The Marquis goeâ— to Her and disâ—wades the precipitating a Rupture with Scotland and till that were violated on their part he knew His Majesty would never consent to a Rupture on his part and the King had so often and so lately in his Letters and Declarations protested he was resolved unalterably to adhere to the late Settlement that if he should now authorize the first Breach it would bring an indelible stain upon his Honour and create a perpetual Difâ—idence in his Subjects of all his Concessions and Assurances He confâ—ssed he had great Fears of Scotland and therefore would undertake for nothing but his own Faithfulness and Diligence yet he hoped to get things kept in Agitation all that Summer so that for that Year there should not be a Scotish Army in England But that was the utmost of his Hopes yet it was much fitter to spin out things as long as could be than to precipitate them by an over-hasty Rupture besides he could not see how any Hopes could be conceived from that design of Force There was never a Castle nor Strength in Scotland in the Kings Power to which they might retire The Vulgar were still at the Ministers devotion and by late and fresh experience they saw them all as one man resolved to die in the Defence of the Covenant and any handful of Gentry could be gathered together would signifie nothing but to expose their own Throats to their Enemies Rage and the Kings Authority to their Hatred and Scorn so there remained no hopes but in the Highland-men which he accounted as good as none Their two chief Heads where the Marquisâ—es of Huntley and Argyle the former was not to be much rested on being unable to do what so brisk an Undertaking required and they knew well what to expect from the other Besides any Companies could be brought down from the High-lands might do well enough for a while but no Order could be expected from them for assoon as they were loaded with Plunder and Spoil they would run away home to their
Hearts to yield much more than the Authority of the Kings Commands who having got notice of it from the Earl of Lindsay wrote down to Scotland peremptorily commanding them to desist from any such pursute if it were begun requiring also his Advocate to appear for them in His Majesties Name if they were pursued The Earl of Lanerick wrote to the King what follows May it please Your Majesty I Shall here Humbly presume to let Your Majesty know that before any of Your Scotish Servants who lately parted with Your Majesty at Oxford Lanâ—rick 's account of Affairs to His Majesty could possibly come hither the Chancellour had made his Report to the Council and Conservatours of the Treaty and Mr. Henderson to the Commissioners of the General Assembly of their Employments to Your Majesty where Your Answers to their Desires were found not satisfactory and thereafter Your Majesties Council Commissioners for the Treaty and Common Burdens having joyned together for giving of Security for such Moneys as should be levyed for the Maintenance of Your Majesties Scotish Army in Ireland they thought fit without admitting of any delay until Your Majesties Pleasure were known to call a Convention of the Estates as their several Acts and Proclamations to that effect here inclosed will more particularly shew Your Majesty And for the present Your Majesties Servants who came lately hither having only met with three or four of those whom Your Majesty appointed them to consult with have thought fit to advise with some others of the same Affection and Forwardness to Your Majesties Service before they presume to give Your Majesty any Advice upon the present Occasions being matters of so great Weight and so highly concerning Your Majesties Service but they have taken the readiest and most speedy Course they can think upon for Meeting and Consulting with them and thereafter are immediately to return hither from whence they will with all diligence offer unto Your Majesty their humble Opinion In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs as Your Majesty was pleased to direct me shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State not having been able to deliver Your Majesties Letter to Your Council who were dissolved before my coming and my Lord Chancellour is gone out of Town without whose Appointment there can be no extraordinary Meeting so that I believe Your Majesties Gracious Declaration to Your Scotish Subjects cannot be published before that time nor till then can I be able to give Your Majesty any further account of Your Affairs here though in the mean time I shall study to serve Your Majesty faithfully according to the Duty of Your Majesties Most humble and most faithful and most obedient Subject and Servant LANERICK Edinburgh 18th May. 1643. In the end of May there was a Meeting of about thirty Noblemen where these two Questions were proposed The Lords consult what to advise His Majesty First if it were fit for the Kings Service that the Convention should be suffered to hold Next if it held whether those who were well-affected to the Kings Service should fit in it There were three or four Days spent in debating upon these Heads some moved that since by the calling of this Convention the other Party had so far encroached upon the King they should presently break with them this Motion came chiefly from other Lords who would not come to that Meeting But it was answered that the King as he would not give Commissions for raising an Army in England till he knew the Parliament had first done it on their side so it was his positive Pleasure that his Party should not make the first Breach which the King judged so much for his Honour that no Consideration could move him to dispense with it yet these who made that Proposition were desired to lay down ways how it could be made effectual since it was Madness and not Courage to hazard the Ruine of the Kings Service and Friends without at least a likelyhood of being able to carry it through with some Success All things being examined it was concluded that the following Message should be sent to His Majesty which was set down in a Paper dated the 5th of Iune but because of the War in England they committed it verbally to a Trusty Bearer lest it had been intercepted A Convention was indicted by the Chancellour and such others of the Council as have signed His Majesties Letter thereabout with the Advice and Concurrence of the Committees for conserving the Treaty and Common Burdens to be kept at Edinburgh the 22th of June whereby it is conceived His Majesty suffers exceedingly in His Regal Authority in the Calling thereof without his Special Warrant A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name expressing a danger to Religion His Majesties Person and the Peace of this Kingdom from Papists in Arms in England which in that appears to be contrary to His late Declaration sent to Scotland Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh and after three or four days Debate considering the exigency of Time the present posture of Affairs and the disposition and inclination of the People of this Country did not conceive it fitting that His Majesty should absolutely discharge that Meeting which certainly would be kept notwithstanding of any Discharge from Him which would both bring His Authority in greater Contempt and lose more of the Affections of the People whereby the Power of His Majesties Servants would be lessened but rather that His Majesty should so far take notice of the Illegal Calling thereof and His Own Suffering thereby that the same remaining upon Record may be an evidence to Posterity that this Act of theirs can infer no such Precedent for the like in the future but afterwards His Majesty or His Successors may Legally question the same And that His Majesties Servants here may be better enabled and strengthened with the assistance of others of His Majesties faithful Subjects who truly and really intend nothing but the Security of Religion as it is here established and are altogether averse from and against the Raising of Arms or Bringing over the Scotish Army in Ireland whereby His Majesties Affairs or their own Peace may be disturbed they conceive it fit that His Majesty should permit this Convention to Treat and conclude upon such Particulars as may secure their Fears from any danger of Religion at home without interessing themselves in the Government of the Church of England And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland whereby they may have some colour or ground for recalling them it is conceived necessary that this Convention should have a Power from His Majesty to advise and resolve upon all fair and Legal wayes for Entertaining the
so bless Vs here in England as to protect Vs from the Malice of Our Enemies Religion and the now-established Government of Our Native Kingdom would be in danger We laying aside all Consideration of Our Own particular resolve on Our part to endeavour by all possible means to prevent all colour or ground of Division betwixt Vs and Our good Subjects of Scotland and therefore do permit you to Meet Consult and Conclude upon the best and readiest ways of Supplying the present wants of Our Scotish Army in Ireland and providing for their future Entertainment there until some solid Course be taken for recovering of the Arrears due to them and for their constant Pay in time coming according to the Conditions agreed upon in the Treatâ— as also to advise upon the best way of Relieving the Publick Burdens of that Our Kingdom of Scotland by pressing by all fair and lawful means a speedy Payment of the Remainder of the Brotherly Assistance due from England as likewise to prevent the Practices of such as study to entertain in this Our Kingdom groundless Iealousies and Fears of Innovation of Religion or Government the Preservation whereof according to Our many Solemn Protestations shall ever be most Sacred to Vs providing always that in doing these things nothing be done which may tend to the Raising of Arms or Recalling Our Scotish Army or any part thereof from Ireland but by Order from Vs and Our Two Houses of Parliament according to the Treaty agreed upon to that effect and We do require you to limit your Consultations and Conclusions to the foresaid Particulars And as by this and many other Our former Acts of Grace and Favour to that Our Native Kingdom it clearly appears how desirous We are of preserving their Affections and preventing all occasions of Mistakes betwixt Vs and them so We do expect that your Proceedings at this time will be such as may shew your tender Care of Vs and Our Greatness which by so many Oaths and Obligations you are tied to preserve Given at Our Court at Oxford the 10th of Iune 1643. Mean-while the Duke and his Brother advertised both their Majesties of the great apprehensions they had of Mischief from Scotland and besought His Majesty The Duke studies to keep Scotland from agreeing wâ—â—h the Two Houses that so long as they were idle in Scotland he should be busie in England for his good Success there was that which would engage most to appear for him here and they with those trusted with them made the Lord Chancellour understand the hazard he was in if the Annuities were discharged and accordingly filled up one of the Blanks with a Proclamation discharging them to all who had Signed the Petition against them which yet remains but without a Date and Signeting The Lord Chancellour was very sensible of the ruine of his Fortune which would follow from the Publishing of that which certainly would be popular as being an ease of the Subjects and therefore promised to them to use his utmost Endeavours to put all the stops he could in the Agreement with England wherefore with joint consent they resolved to proceed no further in that Affair for that time and accordingly the Lord Chancellour was very instrumental though covertly in getting things kept off so long for had not much Art been used the Church-party were inclined immediately upon the opening of the Convention to have engaged in the Quarrel for the Two Houses The 22th of Iune came and the Convention sate down The Convention sits which is a Court made up of all the Members of Parliament but as they are called and sit without the state or formalities used in Parliaments so their Power is to raise Money or Forces but they cannot make or repeal Laws The Duke and his Friends as they answered to their names declared they were present upon the notice they had of the Kings Warranting of the Convention After that Lanerick delivered the Kings Letter of the 10th of Iune and it being read drew on a great Debate which lasted four days whether the Convention was free or not and if bound up to the limits of the Kings Letter or not The grounds of the Debate were on the one side it was certain that by the Law of Scotland no Assembly of that nature could be called but on the Kings Writ and therefore there was a Nullity in the beginning of it but that now the King ex post facto allowing them as a Meeting of His Subjects to consider of some Particulars they could pretend to no Authority but what that Letter gave them therefore they had not the Authority of a Convention of Estates but were only a Meeting of so many Subjects to consult of some Affairs On the other side it was said that the Convention was summoned by a Writ under the Great Seal which was all that the Subjects were to look for they not being concerned to look into the Kings secret Orders or private Pleasure so this was a sufficient Authority for their Sitting and for the Kings Letter though it seemed he was not well-pleased with his Council for it yet it did not annull the former Writ nor indeed could it and it was essential to all Meetings of that nature to be free and not limited in their Consultations for if the King calls a Parliament or Convention their Freedom cannot be restrained to such Particulars as the King would limit them to otherwise the Grievances of the Nation should never be considered therefore they concluded it either must be no Convention at all or if it was one it must be left at liberty to treat of all the Affairs of the Nation The Duke and his Brother were the great Arguers on the one side and when they saw how it was like to go they resolved to Protest and leave them But the Kings Advocate told them that if the Convention were Voted a free Convention then to Protest against it was Treason but they might declare their Judgments and thereupon take Instruments which was equivalent to a Protestation and more Legal and they judging this punctilio of the word Protest of no Importance resolved to follow his Advice So on the 26th of Iune it being put to the Vote a Free Convention or not the Duke voted it no Convention but as regulated by the Kings Letter so did eighteen Lords and but one Knight all the rest voting it a Free Convention Whereupon the Duke rose up and declared he could no more own that for a Free Convention nor acknowledge any of their Acts or Orders further than as they kept within the bounds of the Kings Letter My Lord Argyle asked did he by that Protest against the Convention my Lord Lanerick answered they meant not to Protest but declare and take Instruments both in the Kings Name and their own which accordingly they did and so removed Only Lanerick required them to record the Kings Letter which was refused next he craved an
receive of their Plagues and that the Lord may be one and his Name one in the three Kingdoms We shall with the same sincerity reality and constancy in our several Vocations endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdoms And to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms That the World may bear witness with our Consciences of our Loyalty and that we have no thoughts or intentions to diminish His Majesties just Power and Greatness We shall also with all faithfulness endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evil Instruments by hindering the Reformation of Religion dividing the King from his People or one of the Kingdoms from another or making any faction or parties amongst the People contrary to this League and Covenant That they may be brought to publick Trial and receive condign Punishment as the degree of their Offences shall require or deserve or the Supreme Iudicatories of both Kingdoms respectively or others having power from them for that effect shall judge convenient And whereas the happiness of a blessed Peace between these Kingdoms denyed in former times to our Progenitors is by the good Providence of GOD granted unto us and hath been lately concluded and settled by both Parliaments We shall each one of us according to our place and interest endeavour that they may remain conjoyned in a firm Peace and Vnion to all posterity and that Iustice may be done upon the wilful opposers thereof in manner expressed in the precedent Article We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that enter into this League and Covenant in the maintaining and pursuing And shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this blessed Vnion and Conjunction whether â—o make deâ—ection to the contrary part or to give our selves to a detestable indifferency or neutrality in this Cause which so much concerneth the Glory of GOD the Good of the Kingdoms and Honour of the King But shall all the days of our lives zealously and constantly continâ—e therein against all opposition and promote the same according to our power against all â—ets and Impediments whatsoever And what we are not able our selves to suppress or overcome we shall reveal and make known that it may be fully prevented or removed And which we shall do as in the sight of God And because these Kingdoms are guilty of many sins and provocations against GOD and his Son Iesus Christ as is too manifest by our present distresses and dangers the fruits thereof We profess and declare before GOD and the World our unfained desire to be humbled for our own sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the purity and power thereof and that we have not endeavoured to receive Christ in our hearts to walk worthy of him in our liâ—es which are the causes of other sins and transgreâ—sions so much abounding amongst us And our true and unfained purpose desâ—re and endeavoâ—r for our selves and all others under our power and charge both in publick and in private in all Duties we owe to God and Man to amend our lives and each one to go before another in the example of a real Reformation That the Lord may turn away his wrath and heâ—vy indignation and establish these Churches and Kingdoms in Truth and Peace And this Covenant we make in the presence of Almighty GOD the Searcher of all hearts with a true intention to perform the same as we shall answer at that great Day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his Holy Spirit for thâ—â— end and to bless our desires and proceedings with such success as may be deliverance and safety to his People and encouragement to other Christian Churches groaning under or in danger of Antichristian Tyranny to joyn in the same or like Association and Covenant To the Glory of GOD the Enlargement of the Kingdom of Iesus Christ and the peace and tranquility of Christâ—an Kingdoms and Commonwealths This was offered to the Assembly on the 17th of August The Censures that generally were passed on it and after it was publickly read Mr. Henderson being then Moderator had a long Speech about it Then it was read the second time and many of the most eminent Ministers and Lay-Elders were desired to deliver their Opinions about it who did all magnifie it highly and though the Kings Commissioner pressed a Delay till at least it were communicated to the King yet the approving it was put to the Vote and carried unanimously and they ordered the Lord Maitland the now Duke of Lauderdale and Mr. Henderson and Mr. Gillespy to carry it up to the Two Houses at Westminster On the same day it was also approved in the Convention Wise Obfervers wondered to see a matter of that Importance carried through upon so little Deliberation or Debate It was thougâ—t strange to see all their Consciences of such a size so exactly to agree as the several Wheels of a Clock which made all apprehend there was some first Mover that directed all those other Motions this by the one Party was imputed to Gods extraordinary Providence but by others to the Power and Policy of the Leaders and the simplicity and fear of the rest One Article of it was thought strange that one Government of the Church was abjured but none sworn to in its place for England this was not the fault of the Scots who designed nothing so much as to see Presbytery established in England But the English Commissioners would not hear of that and by that General words of Reforming according to the Word of God cast in by Sir Henry Vane thought themselves well-secured from the inroads of the Scotish Presbytery and in the very contriving of that Article they studied to out-wit one another for the Scots thought the next words of Reforming according to the Practice of the best Reformed Churches made sure game for the Scotish Model since they counted it indisputable that Scotland could not miss that Character Those of Scotland would have had Episcopacy abjured as simply unlawful but those of England would not condemn that Order which had merited so much Glory in the whole Christian Church therefore the second Article was so conceived that it might import only an Abolition of the present Model of England and it was so declared both in the Assembly of Divines and in the Two Houses of Parliament when they swore it The Scots either perceived not this Change or were
Law every advantage his Learned Counsel have suggested who besides many things they have laid before him from the Priviledges of the Peers do assure him that in Law every impeachment ought to contain in it the matter of Fact particularly and certainly set down with all necessary circumstances of Time Place and Witnesses otherwise the Party accused may Demur in Law Besides the Charge given against him is so general and historical so aggravated with scandalous Glosses invective Expressions groundless Suggestions and Pretences false Collections and Inferences seeming Probabilities with cunning Suppositions and Conjectures together with the Opinions and Words of his Friends Acquaintances and Enemies all so ambiguously penned by the Contriver that he may Demur in Law upon the whole Charge for matter of Insufficiency and Form since many Insufficiencies and Absurdities might be observed in it upon a strict Disquisition and Dissection of Law and indeed the Defendant cannot but desire the last words of the Charge be considered wherein his Accusers pretend to be able to prove some of the weightiest points by several Witnesses and all the rest by some and strong Probabilities which words alone his Lawyers do assure him are sufficient to invalidate the whole Charge since no man can be Arraigned of Treason upon some Probabilities to which other Probabilities may be always opposed with equal colours of truth Many of the particulars charged upon the Defendant were done before the Pacification and Act of Oblivion passed in both Kingdoms by which no remembrance is to be had of what passed before it and His Majesty did verbally express at the last Parliament at Edinburgh that the Defendant had carried himself during the former Troubles as became a faithful Subject and one that tendered the Good and Happiness of his Country There was also in that same Parliament a particular Act passed declaring he had carried himself during the former Distractions as a faithful Servant to His Majesty and a loving Patriot to his Country upon which the Defendant may well plead that he is not bound to answer for any thing charged on him that was done before that Parliament and that his Accusers do incur Punishment for going against the Act of Oblivion then passed nor is he bound in Law as his Learned Counsel assure him to answer for any Words alledged to have been spoken by him unless questioned for them within three Months after they were spoken according to the Laws of this Kingdom But though the Defendant hath so far complied with his Lawyers as to have named the former particulars yet it is not out of any design to escape either Trial or Justice therefore he is ready to give an account to His Majesty of the Actions of his whole Life in reference to His Majesties Service whenever he shall be called to it particularly for the Trusts and Imployments his Majesty honoured him with being so confident of his own constant unstained Integrity and Loyalty and of His Majesties Justice that he is not afraid of the issue of the whole Matter himself being so Innocent and his Judge so Just therefore he shall answer plainly and particularly to all the Matters of Fact laid to his Charge leaving the Plea in Law together with the necessary distinction of points of Treason from Misdemeanours to his Learned Counsel when they shall be allowed to plead Answer to Article 1. To the first Article the Defendant says nothing can be more false than that he ever used any such Expressions The Answer to the first Article he knowing well his Majesties Affection to that Kingdom and to the Liberties and Freedoms of it There is neither Time Place nor Persons expressed to whom such Words should have been spoken nor upon what occasion nor to to the People of what Kingdom they were used nor are any of his Actions condescended on to make out what is charged on him nor knows he who are meant by his Emissaries Instruments or Creatures if any have used such seditious Speeches let them be punished for them but he cannot be answerable for other men unless it be proved they acted by his Order and Direction therefore the Defendant simply denies what is alledged in this Article as basely false and forged Charge That he hath most seditiously endeavoured to exasperate His Majesty against His Subjects of Scotland Article 2. by Invectives against them to His Majesty even before their falling off from their Obedience by advising His Majesty to make War against them affirming that His Majesty would never be King of Scotland unless He conquered it which he likewise then averred would be a Work only of three Months time and at the same time encouraging them most treacherously to withstand His Majesty and take from Him His Power and His Rights particularly exciting them thereunto by vilifying Speeches of His Sacred Person That if they awed Him He was such a Coward they might have of him what they would but if they gave him his Will he would prove a verier Tyrant than ever Nero. Answer To the first branch of the second Article the Defendant says The Answer to the second Article he appeals to His Majesty how false it is who knows well that the Commotions of Scotland were begun a year before he was imployed in Scotish Affairs Comp. p. 30. and p. 43. which had been before that trusted to other Persons of Honour in that Kingdom and that the Covenant was generally taken the Courts of Justice removed from Edinburgh the Tables formed Protestations used against His Majesties Proclamations before he was engaged His Majesty also knows well that he had never advised these Innovations which gave the rise to these Commotions nor engaged in the Affairs of that Kingdom but upon His Majesties particular Command without which he had designed to avoid all meddling in them See p. 38. so that nothing can be more notoriously false than that part of this Article is That the Defendant did exasperate His Majesty against that Kingdom or advised Him to conquer them before they fell from their Obedienee It is true after His Majesty had thought fit to imploy the Defendant in those Affairs he did give him clear advertisements of the state of Affairs in that Kingdom not sparing his nearest Friends as His Majesty well knows but gave no advice but what he thought agreed both with the Duty of a good Subject and Patriot He never advised His Majesty to conquer or subdue that Kingdom or to govern it as a Province for he takes the suppressing of a Party in Arms against the King or who were rejecting his Authority to be very different from conquering the Kingdom and therefore as he simply denies the first branch of this Article so he refers the clearing of his Innocency in this to His Majesty who cannot but know best what he advised him and to the Letters he wrote to His Majesty if they be yet remaining The next branch of the Article is of
Letter the Earl of Airly wrote him See p. 140. which he got after His Majesty called the two Regiments from the Fleet and about that time His Majesty commanded him to stop all Hostilities and give attendance on His Person See p. 123. He had likewise express Orders from His Majesty not to think of the North till some good were done in the South and it is most falsly alledged that when he was there See p. 117. he abandoned the Marquis of Huntley who was taken Prisoner before either he or his men were Shipped and the Orders he sent that Marquis were by His Majesties express Commands founded on very good reason that he should not make a Rupture till His Majesties Forces were drawn together and near the Borders lest as by the event did appear the Enemy should have overpowered him if he begun too soon and as the Defendant hath been informed that Business was ruined not by the Restraint these Orders gave but by the Treachery of some of the Defendant's Accusers who were then in Arms against him See p 135.137 and took that Marquis under Trust. And when the Viscount of Aboyn came to the Defendant with His Majesties Letters which were of a very old Date he was supplied to his hearts desire as himself professed His Majesty had before his coming called away two of the Regiments that were with the Defendant and he had Orders not to weaken the other so false is it that he had Orders to send Byron's Regiment to the North but he gave the Viscount of Aboyn some experienced Officers Arms Ammunition and Money And the Defendant hath been well informed that the Miscarriage of that Attempt did not flow from those he sent with that Lord but that being encountred by Souldiers commanded by some of the Defendant's Accusers his Lordship betook himself to his heels but the others whom the Defendant sent with him behaved themselves gallantly and laid all the blame of their bad success on that Lord. It is also false that Byron's Regiment was kept to die below Decks since from the time they went aboard till they were discharged there died not ten of their number so false is this Article in all its branches and assertions Charge That in all his demeanour he went about to advance the designs of that People against the King Article 5. as by secret encouraging them to persist in their obstinate Courses so by private discouraging of well-affected men to persevere in their Allegeance and in particular did advise some Noblemen who craved his Opinion how they should behave themselves in these Distractions to agree with the Country and go home and make their own Peace Like-as after the Pacification at Berwick continuing in his wonted strain of incensing in an underhand way the People against their King being demanded why he denuded himself of his former Commission his Answer was because he knew the King intended to keep nothing of that which at that time he had condescended unto otherwise he would not easily have parted with the Honour of that Service By which he did so wound the King in the Opinion of His Subjects of the sincerity of His Intentions That as no one thing did at that time breed more rubs and difficulties to His Majesties Service so is there nothing by which the People are more readily and easily stirred up to the present Rising in Arms than the Opinion they then and by his continual underhand working have since drunk in of the King's Intention to reverse in case he should prevail in England all the Acts and Favours he had condescended unto to His Subjects of Scotland Answer The Answer to the fifth Article To the fifth Article the Defendant says he ever studied by all the means that became a good Subject and Countryman to bring the Differences betwixt His Majesty and His Subjects to a happy Temper and he desires the Malice of his Accusers in forming this Article as all the rest be considered wherein base Discourses and Advices are fastned on him without naming the Persons to whom they were given and in this he cannot but commend his Accusers Prudence who have named no Person till they have tried upon whom they can so far prevail as to be guilty of the wickedness of owning such Lies The Defendant can prove the contrary by many in whose Preservation it is to be supposed he is more concerned than in any they can name with whom he used his utmost endeavours to perswade them to adhere closely to His Majesties Interests which prevailed on some though not on all nor did he advise any to agree with the Country till he knew His Majesty was resolved to end the Business in a Treaty in which case it could be no Crime to advise any to make their own Peace nor did he ever infuse into any Person a jealousie that His Majesty would void the happy Settlement of Scotland sure he is he said and did all was in his power to root these jealousies out of the Subjects minds which he can prove by innumerable Witnesses and Presumptions and no man durst say he heard any of the Discourses mentioned in the Article from the Defendant if he were in a capacity to call him to an account for it Nor did he desire to be free'd of his Commissionon the account that is falsly alledged in this Article but finding his continuing in that Place gave a Jealousie not only to the Country See p. 146. but to the Counsellours and Officers of State as if too great a Trust had been heaped on one Person and apprehending that the expence and greatness of that Character continuing long in one man would breed Envy and much retard his Majesties Service he desired a fitter Person might be put in that High Trust and that he might be suffered to continue about His Majesties Person who he supposes does remember well upon what grounds he desired to be free'd of that Great but Invidious Character thus this Article is also intirely false Charge That in the Petition to His Majesty for discharging the Annuity which was not so much pretended for that Article 6. as to be a pretext under which a firm Bond and Association might have been contracted amongst all Loyal Subjects for the Preservation of the Kings Person Honour and Authority and a strict Conjunction amongst themselves he could not be induced to put his hand to it until a Clause conceived in favours of His Majesty to the effect above-expressed as too great an eye-sore was dasht out and the same thus dashed being sent up to Court and the desire of the Petition most Graciously condescended unto by His Majesty and delivered unto the Earl of Lanerick chief Secretary the same was kept up to the great amazement of all those Noblemen and Gentlemen who had signed the same and total discouragement of others to appear in that or any such Course thereafter Answer To the sixth Article the
Defendant says The Answer to the sixth Article that he sees there is nothing so false but his Enemies have the impudence to fasten it on him since he was one of the chief Contrivers and Promoters of that Petition as he can prove by hundreds of Witnesses nor did he dash See p. 211. or cause to be dasht out any Clause that was conceived in His Majesties favours which his Enemies with their usual falshood say was too great an eye-sore It is true he saw divers Draughts of a Petition against the Annuities and some of them had expressions in them which the Judicatories of that time would have declared contrary to Acts of Parliament which by the advice of good Lawyers all that were well-affected to His Majesties Service rejected and yet the Draught agreed to will be found to contain very plainly the Assurances of their Fidelity to His Majesty and that Draught being agreed on the Defendant sent it to all the Places where he had Interest and procured very many Subscriptions to it so unjustly is the Defendant charged in this Article But as these Subscriptions were thus procured the Council stopped all further Proceedings in that Business by a Declaration forbidding any to subscribe it nor did His Majesty send any Answer to those Petitions to the Defendant It is true by his Instructions he did empower them to discharge the Annuities to such as had petitioned about them See p. 220. if this was not done it was not only the Defendants deed but was the concurring Opinion of the others joyned with him in Trust by His Majesty who he doubts not shall be able to give a very good account of that See p. 223. as of all the other particulars committed to their Trust when-ever His Majesty shall call them to it and shall shew him very good reasons why they did not proceed any further in that Affair Charge That since he left His Majesty at York Article 7. he hath been still labouring to frustrate the good Intentions of His Majesties faithful Subjects of Scotland and to bring Matters to the Pass they are now at which may be clearly evinced by the particulars which follow First when some Noblemen of that Kingdom well-affected to His Majesties Service perceiving the Intentions of some there to engage that Nation in Rebellion with the Malignant Party here made offer of all their best Services and ready endeavours to prevent the same for themselves and in the name of all the Kings greatest and best-affected Party there he to disappoint those promising and evident Courses thrust himself into the Business and in a very seeming plausible way undertook to keep that Kingdom in Peace and Quiet and from attempting any thing upon this Nation or against His Majesties Service now depending here and to make it appear the more specious without making use of any Force or putting His Majesty to any Trouble or Charges and withall solemnly engaged to break off all his Alliance Ties and Friendship with the Marquis of Argyle who doth make himself so much the Head of that Rebellion against His Majesty or otherwise perswade him to acknowledg himself and become a good Subject and that betwixt and three Months thereafter at farthest the effect of all which undertaking had this result First that immediately upon his return to Scotland a Convention of tâ—e Estates was indicted without the King's knowledg or consent a Precedent whereof can never be shown in any Records which coming to His Majesties knowledg He did immediately direct a Letter under His own Hand willing that Hamilton and some other of his Complices who had His Majesties Trust for the time should declare the said Meeting Illegal and disapprove it in His Majesties Name About the time of the Receipt of which Letter the said Hamilton and some of his Cabal did employ the Earl of Calander from them to speak with a great many Noblemen of the Kings Party and take their Advices in what was to be done and they who understood nothing of His Majesties Letter it being altogether kept up from them declared all in one voice their Iudgments were that His Majesty should disclaim the Convention and declare it Illegal and that they would all be willing to joyn with Hamilton and his Party and take their Lives in their hands to maintain His Majesties Honour and Authority and free themselves from the Slavery of those rebellious Tyrants It was answered them again by the said Earl of Calander His Majesties Letter being still supprest That the King would needs approve of the Convention with Limitations To which it was replied That they behooved either to be very ignorant or unfaithful who had given His Majesty such Advice seeing those People would never confine themselves within Limits or take a part if it should be left them in their power to extend themselves and over-reach all and that they would on no terms assent to any such Course as being intended for nothing else but a hollow undermining of His Majesty and all His faithful Subjects So they parted with little satisfaction on either hand and some days thereafter the said Earl of Calander was again directed to the same Parties to perswade them still to the former Overture but to no effect yet in end lest the Service might seem to suffer by so much difference in Opinion they desired Calander to shew Hamilton and those of his Party that since he was only trusted and employed by His Majesty in the Business their Affection and Tenderness to the Service should make them very unwilling to differ with him in the way and however in their own Iudgments they did no way approve that the King should so far wrong His Authority as to allow of any such Illegal Proceedings which did portend from bad Causes worse Effects yet since His Majesty would do it and they needs have it so they should go along but with one Caveat which was That if the Convention did not observe these Limitations prescribed by His Majesty in that case that they should protest and withdraw presently from the House and that then all who were for His Majesties Service should immediately joyn themselves together and take the Field This being solemnly concluded and with much attestation it was resolved that all who did affect the Kings Service and had Vote in the Convention should be present there upon certain hopes that they should be able to ballance either by Voices all violent Courses or at least to protest against them and adhere to His Majesties Service and Authority in a vigorous way But all their great Promises and fair Assurances were either not intended or very soon forgotten for whilst it was the first Act of the Convention after His Majesties Letter was read to Voice themselves a Free Assembly as any had ever been kept in that Kingdom notwithstanding of the Restraints in His Majesties Letter and that in that case Protests and Declarations and every thing
time than Mr. Henderson did his They were given by His Majesty to Sir Robert Murray to transcribe the Copies under Sir Robert Murray's hand were by him delivered to Mr. Henderson and Mr. Henderson's hand not being so legible as his he by the Kings Appointment transcribed them for His Majesty and by His Majesties permission kept Mr. Henderson's Papers and the Copies of the Kings as was signified to the Writer by himself a few days before His much-lamented Death All this while they were consulting at Westminster They consult at VVestminster about Propositions to be made to the King about the Propositions to be sent to His Majesty for now the Independent Party begun to prevail and as they were certainly the strongest in the English Army so they had a great Party in the House of Commons Their Design was to perpetuate a Military Power in their own hands and to set up a Toleration of all Sects and so the Propositions at Vxbridge were much altered The Scotish Commissioners The Scotish Commissioners are for making them easie to the King in the Papers they gave in concerning the Propositions first complained That the Settling of Religion was conceived in general Terms and that no particulars about Vniformity of Religion were laid down next they opposed much the Propositions about the Militia desiring that no new ones differing from what had been offered at Uxbridge might be made that so it might appear they were not taking advantages from the Straits His Majesty was in to diminish His Iust Power and Greatness to which they were bound both by Covenant and Treaties and which had been often repeated in all their Declarations adding that they could not consent to any Proposition that should take from their Soveraign the Power of Protecting and Defending His Subjects which necessarily followed were the Militia put into the hands of the Parliament wherefore they pressed that the Militia might not be settled in the hands of the Parliament but of the King and Parliament jointly and so consigned to such Commissioners of both Kingdoms as should be chosen by the King and them together This they backed with a Paper Many Papers past betwixt them and the Two Houses containing the Extracts and Citations of the former Declarations and Papers emitted by Both Houses to the same purpose both about Uniformity of Religion and the Maintaining the Kings Authority even in the matter of the Militia which was a long and smart Paper They also in another Paper appealed to all the Treaties that had been betwixt the Kingdoms since the beginning of that War wherein the Maintenance of the Kings Just Power had still been laid down as a ground on which they were to proceed in order to a Peace But upon this the Independent Party begun to say that the Agreement made with Scotland An. 1643. was no Treaty and that the Parliament was not bound to make good what was agreed to in it And this drew from the Scotish Commissioners another large Paper proving That to be a Treaty wherein they did shew How that the Kingdom of Scotland had engaged both in the Irish and English War upon the invitation the Two Houses sent them by Commiâ—sioners impowered with ample Credentials Signed by the two Speakers which gave them power to Treat and conclude both about the Scotish Army then in Ireland and the Army they invited to come to their Assistance in England upon which an Agreement was treated and concluded betwixt the Committee of Estates in Scotland and the Commissioners from England and Signed by them and so transmitted to the Two Houses who by frequent Letters to Scotland expressed their Ratification of that Agreement and whereas in some of the Articles then Agreed to there was an Alternative concerning the Scotish Army then in Ireland their Stay there or their Transportation upon which the Independents founded their Allegation that matters were not finally concluded they did shew how false that was since that Alternative was emitted in their Agreement then made to the Determination of the Two Houses who thereupon declared by repeated Letters to what branch of it they agreed So they made it appear that no obligation could be brought on any State by any Treaty that was wanting in that But at length the Propositions were all agreed on The Propositions are agreed on and the Scotish Commissioners though they opposed that Article of the Militia yet gave way to it rather than hazard on a Rupture The Propositions being so oft in Print need not be at length set down only the Heads of them follow taken from the Original that was delivered to the King which he gave to the Earl of Lanerick and is among his Papers FIrst The annulling of all Oaths The Heads of them and Declarations against the Parliaments and Kingdoms was desired The next five Propositions were about establishing the Covenant the Abolition of Episcopacy and Liturgy and the Kings taking and authorizing the Covenant The next five were against Popery and Papists The 12th was for the observation of the Lords Day and against Pluralities and Nonresidences and about Vniversities 13 That the Militia should be in the hands of the Parliament for 20 years who should also have a power to raise Money and that after those years the Two Houses might raise what Forces they pleased by their Bills though His Majesty gave not his assent to them and that the Rights of the City of London should be confirmed 14 That all Honours and other Writs passed under the great Seal since it was taken away from Westminster should be annulled 15 That the Treaties betwixt England and Scotland should be ratified 16 Delinquents were to be excepted from the general Oblivion and those were put in several Classes and accordingly several Punishments designed against them 17 The late Cessation granted by the King in Ireland to be annulled and the management of that War to be remitted to the Two Houses The 18 was about the City of London 19 That all Writs passed under the Parliaments Great Seal should be in force In Iuly the Duke came to Newcastle to wait on His Majesty The Duke waits on the King and is well received by him and and when he first kissed the Kings Hand His Majesty and he blushed at once and as the Duke was retiring back with a little Confusion into the croud that was in the Room the King asked if he was afraid to come near him upon which he came to the King and they entred into a large Conversation together wherein His Majesty expressed the sense he had of his long Sufferings in terms so full of affection that he not only brake through all of his Resentments but set a new edge again upon his old Affection and Duty He told him He ever had Iudged him Innocent as to the bulk of things though he confessed there were some particulars he was not so well satisfied with but that his Restrain was extorted from
the English Parliament at which Proposition the Duke and his Brother expressed their horrour with language so full both of Reason and Affection that nothing but violent and enraged Passion could have resisted it They said Would Scotland now quit a Possession of 1500 Years Date which was their Interest in their Soveraign and do it to those whose Enmity both against Him and them did now visibly appear Was this the effect of all their Protestations of Duty and Affection to His Majesty Was this their keeping of their Covâ—nant wherein they had sworn to defend the Kings Majesties Person and Authority Was this a suitable return to the Kings Goodness both in his consenting to all the Desires of that Kingdom An. 1641. and in His late trusting His Person to them what Censures would be past upon this through the whole World what a stain would it be to the whole Reformed Religion and in fine what Danger might be apprehended both to the Kings Person and to Scotland from the Party that was now prevalent in England But notwithstanding all this the Question was put in these words Whether they should leave His Majesty in England to the Two Houses there or not so softly did the prevailing Party present that infamous Business to the Vote of the Parliament The Dukes Vote was suitable to his Discourse and Temper being a Negative uttered with much grave and deep Sorrow but I shall set down Lanerick's in the formal terms wherein he expressed it As God shall have mercy upon my Soul at the Great Day I would chuse rather to have my Head struck off at the Market-cross of Edinburgh than give my consent to this Vote The Earl of Lindsay now Earl Crawford was President and so could not debate but as in the stating the Vote he expressed much honest Zeal so when it was carried in the Affirmative he dissented from it and to him those who had voted in the Negative did adhere But some of their Friends were accidentally absent others on design and some downright deserted them so that though there were divers who dissented yet they were far short of being able to ballance the Vote When all this was done Lanerick with a deep Groan said this was the blackest Saturday that ever Scotland saw alluding to a great Eclipse that was many years before on a Saturday from which it was still called the Black Saturday This being sent to the Commissioners at Newcastle did not at all shake His Majesty he being resolved not to yield to that no not at Holmby which He had refused at Newcastle The King is delivered and sent Prisoner to Holmby In the end of the Month the English Commissioners and Forces came down and the Arrears for the payment of the Army being delivered the Scotish Army withdrew and left the King in the hands of the English who presently sent him to Holmby And this is a free and faithful Relation of that great Transaction only in invidious Passages I have spared the Memories and Families of the unhappy Actors which is variously censured It was presently the matter of Discourse and Censure of Christendom and brought an Infamy on those who acted it which though an Indempnity could pardon yet no Oblivion was able to deface It was thought strange since the King had trusted himself to Scotland that they should have thus deserted Him What grounds Montrevil had for giving the King those Assurances did not appear and certain it is they were very slight ones and were only from single Persons but not from any Iunto or Judicatory But generous minds thought the Kings frank casting Himself into their hands was an Obligation beyond any Engagements they could have given And it was thought strange madness in those of Scotland to do it at that time since they saw the Independents prevailing whose Designs against the Kings Person and Monarchy had been faithfully discovered to them by some of their Commissioners at London and who were as little Friends to the Covenant and Presbytery as the King himself was so that considering their Power such a Strengthening of them brought Religion under a hazard of another nature than could have been apprehended upon their Accepting of the Kings Concessions But the Contradiction that this course had to the Covenant was so plain that none could avoid observing it for to make their King a Prisoner was an odd Comment upon their Defending of His Person and Authority and to do all that because he would not force his Conscience was judged a strange Practice from those who had so lately complained heavily against any appearance of Force upon Tender Consciences These were the Censures that generally passed on that Transaction the Kings stifness was also very much condemned and most men not understanding the strictness of a Tender Conscience thought it was Humour that swayed Him and judged that in the posture Affairs were then in He should have yielded to any thing how unreasonable soever rather than have so exposed Himself His Posterity and His Kingdoms to such visible hazards reckoning that no Form of Government that ever was deserved to be so firmly adhered to All persons looked for dismal effects from these Resolutions few thinking the Friendship betwixt Scotland and England would be lasting and all apprehended some strange Curse would overtake those who were active in this infamous Business Amidst these greater Reflections there were some who suspected the Duke had not acted in that Affair with that Candour and Zeal He expressed and this was chiefly founded on the base Votes of some of his Friends chiefly of one who had served him but was then a Lord. But as the tract of this Account hath cleared the whole Progress of his Negotiation so the visible affliction of his Mind which drew after it a great indisposition in his Body did abundantly refute these Calumnies And indeed that great Mind which did not succumb under the hardest Trials when it imployed its utmost strength was now reduced to the most pinching Straits and almost to desperate Resentments so that he repented his Stay in Scotland since he foresaw nothing but imminent Ruine to King and Country yet His Majesties opinion of his Zeal and Affection to His Service was at this time proof against all Whispers which appears by the following Letter Hamilton I Know it were needless to recommend this Bearer Will. Murray to you but that his Persecution at this instant for My sake is such that in a manner it even extorts these lines from Me to tell you that your hearty and real dealing to procure his waiting upon Me is a good occasion which I am confident you will not let slip to shew your constant zealous Affection to Your most assured real constant Friend CHARLES R. Newcastle 29th January 1647. Now it was that genuine Melancholy and Horrour dwelt in all the Dukes thoughts The Duke contrives how to turn Scotland to the Kings Service his Brother was too deeply prepossessed
gone to some Place where you might be safe and free from Your Enemies and where Your Majesties Friends might have access to You. But as the Place to which You are gone so Your Majesties Message of the 16th hath infinitely disabled us to serve You for what You offer in matter of Religion comes far short of Your Majesties Message of the 12th of May besides it grants a full Toleration of Heresy and Schism for ever And as for Your Concessions in things Civil more is granted than was expected by some or wished by others and although we know not how effectual Your Majesties Message may prove for a Personal Treaty yet our Endeavours shall be really contributed for that end as we have done in part already If this Message be rejected a Personal Treaty denied the new Propositions pressed by the Two Houses and Your Majesty in no better Security than formerly You would advise us in time what to do and wherein we can be useful to Your Majesty who are resolved to serve You as becomes Your Majesties most humble most faithful most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 22th Novemb. 1647. Next day His Majesty wrote what follows to my Lord Lanerick Lanerick His Majesties Answer to Lanerick I Wonder to hear if that be true that some of My Friends should say that My Going to Jersey had much more furthered My Personal Treaty than My Coming hithâ—r for wâ—ich as I see no colour of Reason so I had not been here if I had thought that Fancy true or had not been secured of a Personal Treaty of which I neither do nor I hope shall repent for I am daily more and more satisfied with this Governour and find these Islanders very goâ—d peaceable and quiet People This Encouragement I have thought not unfit for you to receive hoping at least it may do good upon others though needless to you from Your most assured real faithful constant Friend CHARLES R. Carisbrook 23th Nov. 1647. But in the end of November the Two Houses passed the four Bills without the consent of the Scotish Commissioners which was a manifest Breach of Treaty The Two Houses pass the four Bills In them the Covenant was not so much as mentioned for they related wholly to Civil matters as the perpetual Power of the Militia the unlimited Authority of Parliament and in effect the Giving up at once the Kings Authority But the Scotish Commissioners complained and Remonstrated against this with open mouth and gave in a large Remonstrance against the four Bills Declaring The Scotish Commissionerâ— protest against them that contrary to all the former Treaties and Declarations the Propositions made to His Majesty were still altered the Propositions sent to Newcastle to which notwithstanding their dislike of them yet for Peace sake they had yielded were now quite changed They also protested first against the sending of Propositions without a previous Treaty which they earnestly pressed as the likeliest Course for removing all Mistakes and bringing things to a Final Settlement and therefore they insisted on their former Desires for a Personal Treaty in or about London Next they excepted against the Bills both because the Covenant was quite omitted and the Settling of the Uniformity of Religion was turned to a Desire for a vast Toleration The Treaties with Scotland were not desired to be confirmed but only the making of them to be approved which was rather an Indemnity for making them than a Confirmation of them Next they remonstrated that the Kings Legislative Power was quite taken away by an unlimited Power they desired to be put in the Hands of the Two Houses and that their Demand about the Militia did put the King out of a capacity of Protecting His Subjects In fine they complained of the making Propositions without the concurrence of the Scotish Commissioners wherefore they remonstrated against the Bills and resolved to follow the Commissioners whom the Two Houses were to send to Wight and protest against these Bills upon which divers Papers passed betwixt the Two Houses and them The Earls of Lowdon Lauderdale and Lanerick wrote their sense of these Bills to His Majesty thus May it please Your Majesty and write to the King concerning them IT is of no advantage to expostulate about what is past either the carrying Your Majesty into that sad Place or the Prejudice Your Service and we suffer by Your Majesties Message for while You study to satisfie all You satisfie no Interest We shall insist on the grounds we went on at Hampton-Court and shall constantly press a Personal Treaty at London but not as the new Propositions do hold forth which if Your Majesty agrees to You divest Your Self and Your Posterity of the Militia for ever You settle this Army and Entertainment for it over Your Self and Your Majesties People perpetually and by giving leave to Adjournment You and Your Parliament shall be carried about at the Armies Pleasure as their Sub-Committee If Your Majesty will further enable us we shall by our Actions give more real testimonies how intirely we are Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 25th November 1647. With this Lanerick sent to His Majesty the Papers they gave in against the Bills and the other late Votes upon which the King wrote the following Letter Lanerick ALbeit that Letters can ill dispute at this distance yet I cannot but tell you His Majesty is well satisfied with their Papers that many things may be fitly offered to obtain a Treaty that may be altered when one comes to Treat and there is a great difference betwixt what I will insist on and what I will permit for the obtaining of a Peace Likewise it is neceâ—sary in many respects that I should seek to satisfie as far as I can with Conscience and Honour all chief Interests All these things impartially and duly considered I will boldly say My Message will not be found much amiss which recommending to Yâ—ur better consideration I must now desire You to give hearty thanks in My Name to your fellow-Commissioners of which though you take a large share to your self they will not want for their Paper of the 17th of this Month which was sent to the Two Houses for seriously it is as full to My sense as if I had penned it My Self And let me tell you that it will turn to the greatest Honour I say no more that ever befell you wherefore I conjure you by all that is dear to wise or honest men that you adhere close and constantly to it and as the Song sayes I ask no more So I rest Your most assured faithful real Friend CHARLES R. Carisbrook 29th November 1647. To which with another of that Date which His Majesty wrote to the three Lords which is not in the Writers hands they wrote the following Answers Sir They write again to the King IN answer to Your Majesties of
Lanerick Cousin YOu will perceive by this that you cannot make more haste in obliging Me A Letter from the Queen to Lanerick than I shall on My part in witnessing My Acknowledgements of it I ascribe a great deal of the good Inclinations your Commissioners do now express to the good Offices you do of which I intreat the Continuance The testimonies of Friendship which I receive from those of your Family surprize Me less than what I met with from other Hands and I promise My Self to see further effects of it And as I have all the esteem of you that you can expect so you owe Me the Iustice of believing that I shall give evidence of it upon every occasion that shall be offered to Me nor shall I rest satisfied with that but shall diligently search out every opportunity of expressing it Therefore I entreat you to believe that I am Cousin Your very good and very affectionate Friend and Cousin HENRIETA MARIA R. Towards the end of December the Earls of Lowdon Lauderdale and Lanerick The Scotish Commissioners go to His Majesty followed the English Commissioners to the Isle of Wight and after they had protested against the Bills they concluded their Treaty with His Majesty to engage for his Rescue and Re-establishment on his Throne and to bring in an Army into England assoon as it were possible for that effect An Agreement with the King to bring an Army for His Service The King on the other hand engaged to them for all the Assistance they could demand from the Queen or Prince or any other who would obey His Authority and that the Prince should come to Scotland assoon as they found it convenient to invite him and that His Majesty should grant all the Desires of Scotland which with a good Conscience he could grant And the Commissioners having advised and agreed with His Majesty both about the Methods of carrying on their Designs and the ways of keeping Correspondence with him they resolved to return home to Scotland and so they left His Majesty at Wight in the end of the Year But upon the Kings refusing to pass the Bills he was made close Prisoner and a Vote passed in both Houses against all further Addresses to him MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB VI. Of the Dukes Engagement for the Kings Preservation and what followed till His Death Anno 1648. An. 1648. THe former Book has given the Reader a just and full Representation of His Majesties Imprisonment and the Danger his Person was in of the Force put on the Two Houses by the Army and of the breach of former Treaties with the Scotish Nation and now it cannot but be imagined that such Illegal and Unjust Proceedings must have inflamed the Resentments of all good Subjects and more signally of such who had formerly been carried away in the crowd to act against the Kings Interests but now seeing how fatal the Breach between the King and his People was likely to prove to both were much concerned to correct all former Errours and expiate all past Faults by a vigorous appearance for the Kings Rescue out of his Imprisonment In order to this Design the Duke was not idle in Scotland The Dukes endeavours in Scotland but by all the Art and Diligence he was Master of did study to rouse up and work upon the Fidelity and Loyalty of that Nation representing that now an Occasion was in their Hands to witness to the World the sincerity of their Intentions for their King when he was under so base a Restraint and Designs were hatching against his Life Would they now look on and see the King murdered the Parliament of England over-awed the City of London oppressed the whole English Nation enslaved the Treaties with Scotland so unworthily violated the Covenant and Religion so neglected and swarms of Sectaries over-run all Now or never was the time for declaring themselves and if Duty did not move them yet the apprehension of their own Danger might provoke them to look to themselves for did they think to escape the fury of the Sectaries if they were so tame as to suffer them to prevail in England therefore all Laws Divine and Humane did oblige them to look to themselves and to those Enemies of theirs And there was good reason to hope for success since besides the Blessing of God which might be expected upon so just and Noble Enterprizes the People of England were groaning under this Usurpation and would be ready to assist them and they had reason to expect a welcome from the City of London and the better part of the Two Houses These things did prevail much on the most of the Nobility and Gentry Three Parties in Scotland But at this time Three Parties begun to appear in Scotland The one was of those who would hear of no Proposition for the Kings Delivery unless he first gave satisfaction in matters of Religion and this was made up of the Preachers and a few of the Nobility and the Western Counties Others were for a direct Owning of the Kings Quarrel without any restrictions and for taking all Persons who had been in Arms for the Kings Service within it The Earls of Traquair and Calendar were the chief of these and many Noblemen were of it who called themselves the Kings Party but their Power in the Country was not great The Duke was as much for that in his thoughts as any of them but saw it impossible to effectuate the Kings business at that rate and therefore judged it best to go on in so great a Design by degrees The present Strait was that he first looked to which was the Rescue of the Kings Person and he doubted not if they once got a good Army engaged upon that account though all were at first clogged with many severe Restrictions yet it would be easy afterwards to carry things that were not to be then spoken of and this way took with almost the whole Gentry of Scotland The Scotish Commissioners spent much of the month of Ianuary at London The Commissioners return to Scotland establishing a good Correspondence with the Kings Friends in England and they had Letters from St. Germans in France in which the Queen and Prince undertook to make good to them all that had been promised by the King in their Name And in the Commissions the Prince gave to Sir Marmaduke Langdale and others for Levying of Forces in the North of England he commanded them to receive their Orders from the Earls of Lauderdale and Lanerick and follow their Commands Thus having laid down the best Methods they could think of with their Friends in England they set out for Scotland about the end of Ianuary At their coming to Scotland they found a general dissatisfaction with the Kings Message in November about Religion And though all the Duke's Friends were ready to have hazarded their Lives for His
Majesties Preservation on these or on easier terms yet it was long debated amongst them what the Consequences might be of engaging in so great a Work not only without Unanimity but with the Opposition of the Church and most of those who had been of greatest Eminence and Power during the late Troubles Wherefore they resolved to give very extraordinary Complyances to their Desires whereby they might either gain their Concurrence or at least mitigate their Opposition and determined to go a greater length than otherwise their Loyalties could allow of But the Church-men by the insinuations of Mr. Gillespie and others were possessed with an opinion of their bad Intentions and that their Resolutions if they were blessed with Success were to overturn all that had been formerly established and so they resolved not to be satisfied with any Security or Proviso they might grant believing that nothing they offered was really meant to be kept and that all they intended was but Cajolery therefore they determined to oppose them with their utmost Zeal and Industry A few dayes after the three Lords returned to Scotland the following Letter came to them from His Majesty UPon Saturday I received yours of the twenty fourth of January A Letter from the King and have written to Lee as you desired Let no reports of any Personal Threatning against Me stagger your Confidence of My Constancy nor hinder Scotland in what shall be best for Kingly Authority lose no time in your great and honest Designs for him who is Your most assured real constant Friend CHARLES R. Monday 7th February 1648. POSTSCRIPT I resolve within these two or three Days to write to you by a trusty Messenger however I hope not to fail by these ways you mention To which they returned the following Answer May it please Your Majesty THis day we received Your Majesties of the 7th Instant Your Letter to Lee we hope may be useful Our Resolution to serve Your Majesty cannot be shaken with which we will go through or perish The Clergy cannot be satisfied with what Your Majesty offers in Religion for the reason expressed in our last of the 15th yet we hope to engage them in the Work We wish Your Majesty could further enable us in that Particular as the only mean to procure Vnanimity In the mean time we will set up our rest on the procuring a speedy Engagement though without that we cannot do it so much to Your Majesties advantage Sir Marmaduke Langdale is come hither and our first care shall be to secure Berwick and Carlisle which ere this we had done if our Forces had not been at too great a distance scattered in their Quarters They have now Orders in private to draw together and we intend to act and speak both at a time POSTSCRIPT We want Arms and Ammunition exceedingly and do earnestly desire the Queen may be pleased to endeavour the supplying us from France and Holland speedily The Lord Chancellour though at first the most forward of them all for an Engagement Lowdon falls off to the Church-party yet was quickly wrought upon to abandon his generous Resolutions and not only turned over to the violent Church-Party but some Months after was made do Penance by a solemn Acknowledgment in the High-Church of Edinburgh for his sinful complyance with these unlawful Courses as they were termed Traquair played his old game a great while with both hands and studied to make a Reconciliation with some Lords of the Church-party if by any means they could have been engaged in the Design and Mr. Murray of the Bed-Chamber who was sent to Scotland from France treated also long with the Heads of the Church-party whom he thought more powerful in the Country and so more able to deliver the King but finding them so backward without positive Concessions about Religion and the Covenant he and the rest of these called the Kings Party were forced to unite with the Duke and his Friends The first thing was to engage all the Officers of the little Army then standing which was carried very successfully and their next care was to fix on one to command Those who united for engaging in the Kings Quarrel designed that David Lesley now Lord Newark should command the Army to be raised and he at first undertook the Service very cordially but some of the Church-men fell upon him very furiously and prevailed so far on others who had a great Ascendant over him that he being of an easie nature struck off and refused the Service Whereupon finding it necessary that a Person of Eminence and Integrity should command the Army They resolve the Duke should be General which he oposed much they resolved on making the Duke General which he opposed to a high degree saying that he was resolved to hazard his Life with the first yet he would decline all Command knowing with what Calumnies he had been aspersed and what Jealousies many had still of him as if his Designs were for himself and to the Kings Prejudice And many yet alive with whom he lived in the greatest Confidence know with what earnestness he pressed them to set their eye on some other Person but there were none to choose fit for the Trust wherefore it was agreed by them all that the Charge must be laid on him to which he submitted with great Aversion The Parliament meets in Scotland In the beginning of March the Parliament sate Their first trouble was from the Remonstrance which the Commission of the Kirk sent them against Association with Malignants and of the danger Religion was in which Paper they intended to have printed but with much difficulty this was stopped There were Commissioners sent down from the Two Houses with whom Mr. Stephen Marshal came for Justifying their Proceedings and keeping a good correspondence with the Scotish Nation and notwithstanding all the Injuries done by them last Year yet some of the Clergy and of the Lords of their Party were in a very good understanding with them But first of all the Carriage of the Scotish Commissioners in England was approved in Parliament next there was a Committee of Eighteen appointed for preparing business and to confer with the Commissioners of the Kirk for giving them satisfaction which was a long and slow Work On the 14th of March the English Commissioners complained that they heard there were Designs among some Malignants to seize Berwick which they desired these in Scotland would oppose whereupon the Parliament referred it to the Committee of Eighteen to see to the Security of the Kingdom in that Affair from which all the Members who were of the Church-Party dissented and against this Vote the Commissioners of the Kirk sent in another Remonstrance because they knew that Committee was so chosen that they would send Orders for the securing of Berwick On the 22th of March the Committee of the General Assembly commonly called the Commission of the Kirk gave in their large Paper consisting
of Foot were totally routed and either killed taken or dispersed nor did we ever hear any more of Monro and the Irish Forces nor of the Rear-guard of Horse that was on the Moor so that we begun to look on our selves as broken being in a Country where we might look for nothing but Unfriendliness and Treachery Upon this sad Juncture the General called a Council of War of all the chief Officers in the Army there was one of two things to be done we were either to wait for the Cavalry or to march to them Divers Messages had been sent to Middleton to come up with the Horse yet he appeared not Calander pressed a Retreat and to him agreed almost all the Officers except Baylie and Turner who urged their staying till Middleton came up which might be expected in a few hours The General expressed much indifferency in that Particular and if they had stayed they could not have forced Cromwel to fight who knowing their wants would have let them alone till Hunger had forced them away So Calander's Authority prevailed for a March the greatest Prejudice thereof was that they could not carry their Ammunition with them for the Countrey People whose Horses carried it had fled away so that there was a necessity of leaving it behind them To have fired it would have discovered their March and so done them Mischief therefore it was appointed to be blown up by a Train which being neglected by him to whom it was trusted it fell into Cromwel's hands next day all the Souldiers could carry with them was only their Flasks full Our March was very sad the way being exceeding deep the Souldiers both wet hungry and weary and all looked on their business as more than half ruined The next morning we came to Wiggan and found almost the half of our Foot had fallen off by the way whom we saw no more But our Misfortunes grew on us Middleton's Gallantry for Middleton upon the advice he got had marched to the Bridge of Preston another way where he found the Enemies quiet our Fires burning and none by them but some Sutlers wherefore hearing we were gone to Wiggan he followed our tract and was hotly pursued all the way by the Enemies Horse with whom he skirmished all along till he came within a Mile of us and indeed he made that Retreat which was seven Miles long very gallantly and was well seconded both by Coll. Lockhart and Coll. Hurry the last getting a dangerous shot in his Head which occasioned his being taken Prisoner The Enemy lost several Men and among others one Collonel Thornly accounted one of their best Officers We meeting with our Cavalry drew up in Battalia in the Moor and some thought of Fighting but we found it impossible the Place not being large and environed with Inclosures which we could not have maintained long for want of Ammunition So we were resolved to march all night and designed for Warrington-Bridge where we hoped we might either maintain the Bridge or cut it and so have gone whither they pleased yet many of us apprehended we might be routed e're we got thither Marching all night we got a false Alarm which put us in no small Disorder and Turner and Lockhart labouring to recover us the one was wounded and the other was trodden down to the great danger of his Life yet no Enemy came in the Rear for they had taken up their Quarters for that night but next morning they pursued us yet we passed Warrington-Bridge Warrington-Bridge the Enemy being close in our Rear We maintained it some time against the Horse but were driven away from it when the Foot came up And here Calander and most of the Officers of the Cavalry pressed the General to March off and leave the Foot to Capitulate their Reasons were strong they had marched two nights both under an extraordinary Rain and in very deep way and were wet almost up to the middle and had scarce eat any meat all that while they had no Ammunition the Powder in their Flasks being all wet so that to study to preserve them was to attempt an impossibility and to lose all The Horses were also so weary with their long ill March that they were for no present Action but they getting off and turning either back to Scotland or joyning with those who were in Arms for the King in England might still prove useful for His Majesties Service Upon which the General was moved though with great reluctancy to leave the Foot and Baylie to Capitulate and in an account of this Business drawn by Baylie which the Writer has seen he sayes Calander ordered his Capitulating and Middleton advised it but says nothing of any Orders he had from the Duke for it Baylie upon this occasion lost some of the Patience he was usually Master of but having recovered himself as much as he could he sent Major Fleeming to Cromwel with Articles who not agreeing to those desired a Parly with Baylie himself and they met on the Bridge and agreed that the Infantry should lay down their Arms and both Officers and Souldiers be Prisoners of War to the Parliament Here Cromwel left Lambert with four Brigades of Horse to pursue our Cavalry and himself marched after Monro But I shall go through with the Tragedy of our Army before any further account be given of that March Our Cavalry rode divers miles towards Westchester with intention as was supposed to have gone to Wales but putting on another Resolution we stayed all night at Malpas in Shropshire And here it was debated whether we should go to Yorkshire or to Herefordshire where we had intelligence that Sir Henry Lingen had put himself in a considerable posture for the King but this being contradicted that very night vve resolved for Yorkshire designing to try if vve could clear a vvay for our selves to Scotland But next day many of the County Trained-Bands appeared against us vvho vvere soon dissipated by Middleton vvithout any bloud-shed and that day vve made a great March and lodged all night in the Fields next day vve marched betimes and at noon made a great halt at Stone in Staffordshire After this as vve vvere marching Middleton rode in the Rear for making it good against some Troops of the County-Militia but unfortunately his Horse fell under him and he vvas taken Prisoner Thus the remnant of our unfortunate Army sustained an irreparable loss by the taking of that brave Man The rest of that day vve marched to Vtoxater The Horse came to Vtoxater and the vveather being rainy vvindy and tempestuous vve came thither in great Disorder On the next day vve had not marched a mile when both Horses and Men being extremely weary many of the Officers and Troopers expressed an unwillingness to march further neither were we well-resolved whither to go that night and many surrounded the General in a Confusion next to a Mutiny desiring he would return to Vtoxater from
no Conjunction so it did not appear that they were his Letters only Peters asserted they were like his hand Then a Vote of the Two Houses was read repealing a former Vote of setting an hundred thousand pounds Sterling upon him for Ransome and proof was brought that notwithstanding Articles were given yet some had been forced to take the Negative Oath and thereby they studied to evince that the Parliament did not hold themselves bound to stand to Articles After this his Grace resumed the substance of all those Evidences and shewed that it was not proved he was a post-natus nor that he joyned with Sir Marmaduke Langdale who neither received Orders nor the Word from him but marched and quartered apart and that though he had done otherwise it could not be criminal in him since he had no Orders to the contrary from the Parliament of Scotland but was commanded by them to joyn with all who would concur with him for prosecuting the ends of the Engagement of which Sir Marmaduke approving he had no reason to refuse Concurrence with him neither could this be made Treason by the Law of England of all which it seemed the Parliament was once well-satisfied since by a Vote they had fined him in an hundred thousand pound Sterling as the price of his Liberty by which it appeared they look'd not on him as a Traytor but as an Enemy who had Life granted him by Articles Upon this the Court adjourned till Thursday the 22d and his Counsel were appointed to plead and he was to close his Evidence The Duke was brought to the Bar The eiâ—ht Appearance and by divers Witnesses it was proved that there was no Rendition made to the Lord Gray but a plain Refusal and that the Treaty was ended the Articles signed and Lambert come up before the Lord Gray came thither There was also produced an Order of Parliament made four years before that No Quarters should be given to any of the Irisâ— in Arms which inferred that others might have them and another Order was read of the 14th Iuly last declaring all the Scoâ—s who entred England Enemies and all the English and Irish who assisted them Trâ—ytors and with this he closed his Evidence and since he was not to be suffered to speak any more he enlarged on all the parts of his Plea and spake at length as follows That he was sent by the Kingdom of Scotland which was a free Kingdom The Duke pleads largely for himself and independent on England That he having had his Birth Honour and Fortune there was bound to give obedience to their Orders That for himself he had lived much out of business and was seldom in Publick Trust in that Kingdom nor very desirous of any but that being commanded to undertake the Charge of General for ends which he conceived lawful and no way contrary to the Peace or Interest of England he was obliged to follow their Orders and that by some Papers emitted by the Parliament of England against that Expedition they declared they looked on it as a National Breach whereby Scotland had violated their Leagues and Treaties with them so that it was no private Act of his That the entring of the Scotish Army into England Anno 1640 was accounted no Invasion nor Treason but on the contrary was acceptable to this Kingdom which gave a Brotherly Assistance for it and that the late unfortunate Army was designed fully for as good Ends and would have been so looked on had it prospered And for his joyning with Sir Marmaduke Langdale he answered it as was before set down Therefore he being taken Prisoner in such a War he conceived it without a Precedent that he should be Tried for his Life for serving his Native Kingdom in an open War As for his being an Alien he referred that to his Counsel but said it was undeniable he was born in Scotland nor was he proved a post-natus he was also born before his Father's Naturalization and so not included in it and his own Naturalization had been in agitation in the beginning of this Parliament That his sitting in Parliament did not conclude him an English Earl for if questioned he might probably have been expelled out of the House of Peers as his Countryman Mr. Walter Stuart was out of the House of Commons and that his being an Earl did not naturalize him that being the King 's single Act where as Naturalization was only by Act of Parliament As for the Articles it was clear that Lambert being a General Officer commissionated by Parliament was impowered to Capitulate both by the Parliament and by Cromwel the L. Gray having no Authority from the Parliament but only from Cromwel's Letter that he became the Lord Gray's Prisoner only by Lambert's Order and that he made no Surrender till the Articles were signed and delivered that though the Lord Gray had protested against it and yet only an intention to do it was proved he was not concerned in it nor bound to take notice of it Lambert being the Parliaments Officer and sent against him by them That Articles were to be expounded by their plain meaning and not by any mental reserves pretended by the Commissioners That by the first Article he was a Prisoner of War and that it was seldom known that the Life of any such was taken and that by the second Article Life and Safety of Person were expresly secured without any exception That if Articles were now violated it would make the sequel of the Wars if any more followed a down-right Butchery since none would any more trust to a Capitulation which Mischief he prayed God to avert That his Escape out of Prison was no Breach he being only bound by the Articles to deliver himself Prisoner which he did but not to continue so and he concluded that he was confident had he no better Plea his Articles were sufficient according to the Laws of all Nations to preserve his Life Then the President asked him if he had any thing to say as he was Earl of Cambridge whereupon he and his Counsel moved that if what he had said and proved was not satisfactory for the Averment of his Plea he might answer the Charge exhibited which he had not yet done But to this neither the Court nor their Counsel would yield though they gave no reason for it save only that it implyed a desire of Delay but the reason as was said was that they knew had they yielded to that the Charge had been overthrown since the Law of England does not admit that to be Treason which they charged on him that he had assisted the King against the Kingdom and People by levying War Then the Court told his Counsel that Saturday was the longest time they allowed them for performing their part but the Counsel answered that it was impossible for them to undertake it and discharge their Consciences to their Client having so short a time allowed them there
hopes of great success in any of his Undertakings that he rather apprehended himself under some inauspicious Star that crossed all his Attempts which made him in his latter years long for some secret Retirement out of the noise of business And in his last Expedition into England he was so far from promising himself great matters that the night before he marched when he was taking leave of one of his Friends he said he not only knew that such Attempts were doubtful but apprehended that what he was then engaging in might prove not only dangerous but destructive to himself nevertheless he was resolved either to go through with it successfully or to perish in the Attempt and never survive it adding that the last was what he looked for and therefore he took his leave as never to meet again But notwithstanding all the Misfortunes that either lay upon him or did hang over him he preserved the greatest calmness in his mind that could be imagined which appeared in an unclouded serenity that dwelt always on his looks and discovered him ever well pleased And though the greatness of his mind and the sweetness of his Natural Temper might have contributed much to that Tranquillity yet certainly it took its rise from another Source and flowed chiefly from his Considence in God and the Security he had in the innocency of his own Heart His Accomplishments were great His Accomplishments though cultivated only by his own thoughts and improved by Experience for he was no great Scholar neither was he bred abroad his Judgment was profound his Foresight great his Style was smooth and without affectation for he spoke with a native Eloquence One advantage he had beyond all he engaged with in debating that he was never fretted nor exasperated and spake at the same rate without clamouring or eagerness He had seen so much of the baseness of many men that it inclined him in the end to Jealousie which made him reserved with most people and of this I find divers complaining in their Letters For his Affection and Duty to his Prince it hath appeared so much in his History that little remains to be said in his Character His Loyalty It is true some were pleased to say that he treated with forreign Princes for seconding him in his own pretensions to the Crown of Scotland but this Forgery was so ill-grounded that he had signal proofs to the contrary When he first engaged in the German Design one wrote to him from the Spanish Court in the name of the Ministers of that Monarch making him great promises if he would desist from it but his Answer was that Duty Gratitude and Inclination concurred to tie him inseparably to his Masters Interests and that no consideration either of Hope or Fear was able to shake him from his fidelity to them Neither did any thing obstruct his being more imployed and trusted in Germany than his constant adhering to the Kings Pleasure and Interest for had he given himself up to the will of the Swedish King he would have been quickly put in another capacity and might have had about him one of the best Armies in Germany since all the Scotish Officers who at that time were many and considerable inclined to have formed an Army apart and served under him had the King of Sweden given way to it When he was claiming his Estate and Rights of Chastleherault in France Cardinal Richelieu appointed Sir Iames Hamilton whom he had sent over to negotiate that Affair to tell him that he should be not only settled in that but have more likewise if he would enter into a close Correspondence with him and be a faithful Servant to the French Crown His answer was that he owed indeed the greatest Duty and Dependence to the King of France of any Prince next his own King and therefore would faithfully serve all his Interests after the Kings But nothing was to be expected from him that might upon any consideration prejudice his Masters Service neither would he engage in any Correspondence without his knowledg and allowance adding that he was confident his Eminence was too faithful a Minister to that Monarch whom he served to like him the worse for his Honesty to his own Master These Instances will evince how far he was from pretending to any Interests in his Correspondence with forreign Princes different from the Kings whom he served with as much Affection as Duty And indeed the Love he bore his Person was no less than the Duty he payed to his Authority for he did not deny but the former made him digest some things which perhaps otherwise he had not born so well This kept him far from vilifying His Majesties Person or speaking unhandsomly of him as some accused him It may be supposed that had he been guilty of that it would have appeared more to his Friends than Strangers since Prudence would have taught a reserve to them though Duty had not enjoyned it but those who conversed most with him saw so much of his Affection and Esteem for that Prince that many of them have told the Writer he was the furthest from it that could be since he studied by all means to infuse that value in others for him which possessed his own mind It is true his Calmness made many who knew not how natural that Temper was to him suspect he was not in earnest because he did not bluster out in heats of Passion upon every occasion for as he was not easily inflamed so he could not well personate a Passion when he was free of it All his Advices to the King were for settling matters without hazarding on a bloody Decision knowing well that no Quarrels are so mortal as those that follow upon the closest Ties therefore he was far from acting that infamous Office of Incendiary which some fastned on him And it was his suggesting and pressing gentler Methods which engaged some fiery Spirits into such opposition to him and from hence it was that when he was put to a Review of those Advices he offered to his Majesty he said He would not study to justifie them all since he was far from the vanity of magnifying his own Counsels but all he could answer for was his good Intention which was not to be measured by Success As for his disclosing the Kings Designs to his Enemies Hell could have devised nothing further from Truth for not only does the silence of all his Letters that are in my hands refute that but when afterwards some who had been Leading men in the Covenant broke with him with such Animosity and when by some of those much pains was taken to possess the King with Jealousies of him it is not to be doubted but if there had been a shadow of truth for those Imputations some Particular would have appeared or some Letters had been preserved to have justified these Insinuations But nothing was so much as ever pretended for this beyond Whispers and
general Stories If all his Friends were not at all times so fixed to their Duty as they ought to have been that left no Blame upon him for no man can be lyable for his Friends nor charged with the faults of other men but when any of them strayed from their Duty his Friendship made him not the less but the more severe to them and many of them being yet alive have witnessed with what honest zeal he always studied to engage them to a Cordial adherence to the Kings Service But to sum up all those who after they see how in his last Speech delivered at his Death he begs Pardon and Mercy from God as he hath been a faithful Servant to his Master and do still retain their Jealousies are beyond the cure of any Perswasion for none but a desperate Atheist could have adventured so far with a defiled Conscience Neither can it be alledged here that all in those times pretended to be for the King for perhaps many thought the methods they took vvere the best for securing and settling his Throne But had the Duke been faulty as the World accused him it must not have been a Mistake in his thoughts but a Crookedness of his Heart a betraying of his Trust and a falsifying of his Engagements and who can suppose that the Parties who were prevalent both in England and Scotland at the time of his Death and pursued him and his Memory with all the excesses of Malice would not have discovered such Treachery to load him with the greater Infamy if there had been any grounds for it since they were the persons who musâ— have known it best As for that ridiculous and Devilish Forgery of his pretending to the Crown of Scotland never any were alledged to have heard a hint of it from himself no not in raillery and câ—â—tainly if so great a Design had ever been discovered to any person it must have been to his Friends and he must have taken pains to have made some Party sure for it but for this nothing was ever whispered but Surmises and those hanging so ill together that they retained not so much as the shadow of Probability For his Country His love to his Country as he had as great Interest in it as any Subject so his Affection yielded to none And it is certain that if his Counsels to the King seem at any time to fall short of the higher ways of Authority nothing but his Affection for his Country gave him the byass for he confessed the thing in the World at which he had the greatest horror was the engaging in a Civil War with his Country-men He was far from any Designs of engrossing either Power or Places of advantage to himself or his Friends nor was he ever the occasion of any Burden to the Country for the Assignments he had on some Taxations were only for payment of the Debts he had contracted by his Majesties Command for his Expedition to Germany And so little fond was he of being the Kings Commissioner in Scotland that in divers of his Letters he proposed others to his Majesty for that Trust protesting it was a Place which of all other he hated most and when he saw Jealousies taken at his being so long in that Trust as if the King had been to govern Scotland by a Commissioner he pressed his Majesty to change him so careful was he to avoid every thing which might be a Grievance to his Country and retard the Kings Service He was the great Patron of all Scotishmen in the Court which drew on several occasions a large share of Malice upon him as appear'd particularly in the Case of one Colonel Lesley whom Colonel Sanderson's Friends were pursuing in the Court alledging that Lesley had killed that Colonel unworthily in Muscovia The Crime was not committed in the Kings Dominions and Lesley was Legally acquitted from it in Russia who upon a National account being a Scotishman laid claim to the Dukes Protection but this irritated Colonel Sanderson's Brother who pretends to have written the History of King Charles the First into so much Rage against him that forgetting the Laws of History he breaks out on all occasions into the most passionate Railings that his spiteful but blunt and impotent Malice could devise And the best of all is he bewrays his Ignorance as well as his Passion in all the Account he gives of the Scotish Affairs so that it is hard to say whether his Folly in attempting to write a History on such slender Informations or his Impudence in forging or venting Lies with such Confidence deserves the severer Censure And since I mention this Lesley I shall only add that though Sanderson tells a formal Story of the signal Judgments of God on him in his Death he was alive many years after that Book was published which can be well proved by many who knew him His Temperance The Duke was very sumptuous and magnificent in his way of Living but abhorred that debauched custom of Entertainments by Drinking and was an example of Temperance which cost him dear in Denmark where he refusing the ordinary Entertainments of that Court in drinking was not only ill used but made pay a great Sum under the pretence of Passage-dues Temperance was particularly recommended to him by his Majesty when he went to Germany and his returning from that Court without once transgressing these Laws was such an evidence of his observing them that afterwards few would tempt him to those Excesses His Ingenuity Of all Vertues he esteemed Ingenuity and Candor most as that which was the Ground of all Confidence and the only Security among men and therefore recommended it chiefly to others and studied to observe it most himself I confess when I consider his whole method of framing and carrying on his Designs how streight and candid they were if I oft admire his Invention I do much more esteem the Ingenuity of his proceedings for I never find him vailing Truth with a Lye nor carrying on business with a Cheat and to speak freely the greatest departing from these Rules appeared in the Declaration emitted in April 1648 where among other things the Parliament declared they would not admit His Majesty to the exercise of His Royal Authority till He by Oath obliged Himself to swear and ratifie the Covenant The Duke stuck long ere he would give way to this at length finding the violent Party that crossed the Engagement implacable and being desirous to withdraw from them all colours or pretences for opposing that Design he yielded to it and at that time said to a Friend of his that the Preservation of the King went so near his Heart that he could refuse nothing which might make way for that But it was far from his thoughts to seclude the King from the exercise of his Royal Power and therefore it was excused at the same time both by the Letters his Brother wrote to the King and in the
asked why His Majesty had called him the King said to be a Witness of what was done and because he had been before acquainted with the proceedings of that business he was also to be informed of what passed thereafter Then the Marquis desired to know what the Bishops expected he could doe they answered nothing but procure the Peace of the Country and good of the Church he desired they would contribute their assistance for reclaiming the Ministery who were once conformable and for the Ministers that were censured but were now stirring he should deal with them They answered their power was small at that time and their danger great and so inclined to stay still at London but that was overruled the Marquis undertaking that so far as in him lay he should stand betwixt them and danger The Archbishop of Canterbury said much and well on this head so it was agreed that they should go home Next the King expressed how necessary he conceived it was that every one of them should live in their own Diocese Canterbury seconded this and the Bishops acknowledged it was the best way Much was said concerning General Assemblies and that Ecclesiastical matters ought to have been introduced by them and the Marquis was ordered to give assurance that in all time coming nothing substantial should be introduced in the Church but by them Much debate passed about the Oath of admission of Ministers and it was concluded it should be no other than what was warranted by the Law and the Bishops were required to be sparing and moderate for the present both in urging that and the Ceremonies All this His Majesty concluded with his wishes for good success adding that the Marquis had been so far from seeking this Imployment that he had commanded him much against his will to undertakâ— the journey This was in the beginning of May and upon the 7th of May Letters were directed to Scotland giving notice of the Resolutions taken to the Nobility the Marquis wrote also to all his Friends and Dependers to meet him at Hadington the 5th of Iune The next thing that was taken into consideration was the drawing up of his Instructions A Commission in the ordinary form being first drawn there were two Proclamations signed by the King both which are extant the one written with the Earl of Traquair's hand the other by the Marquis the first whereof follows CHARLES R. CHARLES by the Grace of God King of Scotland England The Proclamation sent by the Marquis France and Ireland Defender of the Faith to our Lovits our Sheriffs in that part conjunctly and severally specially constitute Greeting Forsamiekle as We are not ignorant of the great Disorders which have happened of late within this Our ancient Kingdom of Scotland occasioned as is pretended upon the introduction of the Service-book Book of Canons and High Commission thereby fearing Innovations of Religion and Laws for satisfaction of which Fears We well hoped that the two Proclamations of the eleventh of December and nineteenth of February had been abundantly sufficient nevertheless finding that Disorders have daily so increased that a powerful rather than a persuasive way might have been justly expected from Vs yet We out of Our innate Indulgence to Our People grieving to see them run themselves so headlong into Ruine are graciously pleased to try if by a fair way We can reclaim them from their faults rather than let them perish in the same And therefore once for all We have thought fit to declare and hereby to assure all Our good People that We neither are were nor by the Grace of God ever shall be stained with Popish Superstition but by the contrary are resolved to maintain the true Protestant Christian Religion already professed within this Our ancient Kingdom And for further clearing of Scruples We do hereby assure all men that We will neither now nor hereafter press the practice of the aforesaid Canons and Service-book or any thing of that nature but in such a fair and legal way as shall satisfie all Our loving Subjects that We neither intend Innovation in Religion or Laws and for the High Commission We shall so rectifie it with the help of advice of Our Privy Council that it shall never impugn the Laws nor be a just Grievance to Our Loyal Subjects And as hereby it may appear how careful We are to satisfie the foresaid Fears how needless soever of Our good Subjects * So We do hold Our Selves obliged both in Conscience and Honour to hinder the course of that which may prejudge that Royal Authority which God has endued Vs with wherefore understanding that many of Our Subjects have run themselves into seditious and undutiful courses and willing to reduce them rather by a benign than forcible mean because We hope that most of them are drawn thereto blindly out of fear of Innovations are content hereby to declare and promise upon the Word of a King to pardon what is past and not to take notice of the by-gone faults no not so much as of those factious and seditious Bonds upon condition that they seek to Our Mercy by disclaiming the same and in testification of the true sense of their Misdemeanors that they deliver up or continuâ— with their best endeavours to procure the delivering up of the said Bonds into the hands of Our Council or such as Our Council shall appoint Declaring always likeas We by these presents do declare all these to be esteemed and reputed as Traitors in all time coming that shall not renounce and disclaim the said Bond or Bonds within after the publication hereof that is to say Whosoever will from henceforth be thought a good Subject and capable of Our Mercy must either deliver up the same in case he have it or concur with his best endeavours to the delâ—vering up thereof or at least must come to some of Our Privy Council or chief Officers in Burgh or Land and testifie to him that he renounces and disclaims the said Bonds Our Will is therefore and We charge you straitly and command that incontinent this Our Letteâ— seen c. C. R. The other Proclamation penned by the Marquis agrees with the former to the place that is marked * after which it follows thus Another Proclamation So We expect that their behaviour will be such as may give testimony of their Obedience and how sensible they are of Our Grace and Favour that thus pass over their Misdemeanours and by their future carriage make appear it was onely the fear of Innovations that caused those Disorders that have happened of late in this Our Kingdom which now cannot but by this Our Declaration be removed from the hearts of Our loving Subjects but on the contrary if we find not this performed with that chearfulness and alacrity that becomes good and obedient Subjects We declare and hold Our Self obliged in Honour and Conscience to make use of those forcible means which God hath armed Royal Authority with
for the curbing of disobedient and stubborn People Our Will therefore is and we charge you c. C. R. And by another Paper His Majesty left it to the Marquis his choice whether of the two he should make use of as he found it might tend to His Service but withall if he made use of the second and it gave no satisfaction so that within 6 Weeks most of the Bonds were not delivered up upon his desiring them to doe so then he should publish another Proclamation Declaring the Covenanters Traitors if within 5 days they came not to accept of Mercy and deliver up the Bonds if they were in their power And so a third Declaration penned by the Chancellour was laid aside onely it is extant marked by the Kings Hand on the back and therefore shall be set down here WHereas we were in hope by Our late Proclamations to have given satisfaction to Our People and to have removed their Mistakings of the Book of Common-prayer which We caused to be published having thereby declared that it never entred into Our thoughts to make any Innovation in Religion and Form of Gods Worship nay not to press the said Books upon any of Our Subjects till by a fair way they were induced to approve the same yet having understood that to the contrary by what means We know not occasions have been taken to confirm them in their former Mistakings and to bind them by the Oaths and Subscriptions against the Laws established by Our dear Father of blessed memory and ratified by Our Selves since Our coming to the Crown howsoever there is in that more than just cause offered to take punishment of such an open Contempt and Rebellion yet considering that this is not the fault of the simple sort and multitude of People who have been seduced through specious pretexts as if nothing were contained in the said Bond or Covenant as they call it but the promoting of Gods Glory the maintaining of Our Honour and Liberty of the Country with the preserving of Vnity among themselves We no way willing to use Our People with rigour or to enquire severely into their errors of that kind have thought meet to renew Our former Declaration by assuring them and every one of them that Our constant Resolution is and hath been to maintain the true Religion professed and established by the Laws of that Our Kingdom without any Change or Innovation at the hazard of Our Life and Crown and that We will not force on Our Subjects either the said Book of Common-prayer or Book of Canons till the same be duly examined and they in their Iudgments satisfied with the legality thereof nor will We permit the exercise of any Commission upon them for whatsoever cause which may give unto them any just cause of Grief and Complaint Willing therefore and requiring all Our People and Subjects to acquiesce to this Our Declaration and not suffer themselves to be misled by the private or publick Informations of turbulent spirits as if We did intend any thing contrary to this Our Profession having always esteemed it a special point of Royal Dignity to profess what We intend to doe and to perform what We do promise certifying all Our good Subjects who shall hereupon rest quiet in the obedience of God and Vs that We will faithfully perform whatsoever We have declared whether in this or in Our former Proclamations made to that purpose and be unto them a good and merciful King as on the other side if any shall hereafter make business and disturb the Peace of that Church and Kingdom by following their private Covenants and refusing to be ruled by the Laws established that We will use the Force and Power which God hath put into Our hands for compescing and subduing such mutinous and disobedient Rebels Given at Our Palace of This is marked by the Kings Hand Declaration made by the Chancellour Thus that wise Prelat foresaw well how it would be easier to effectuate all that had been designed than to get that alone of disclaiming the Covenant brought about and therefore left that out in his draught of the Declaration But the King was peremptory saying That as long as that Covenant was not passed from He had no more Power than the Duke of Venice For the Commissioners Instructions the Chancellour gave his Advice in writing which was very closely followed After that many particular Questions were given in by the Marquis in writing for Orders how to carry himself whatever might meet him in his Negotiation to which he got positive Answers in writing from the King which are extant and though the Material points in that Paper be to be found in the Instructions yet this seems too considerable to be suppressed and therefore it is set down in the very Form wherein it is in the Original the Queries being written by the Marquis and the Answers over against them by the King QUERIES whereunto Your MAJESTIES Direction and Resolution is humbly prayed that accordingly I may govern my self and be warranted for my Proceedings 1. IF before the publishing of the Declaration some of the chiefest of the Petitioners may not be prepared and laboured to conceive aright of the same and in general acquainted with Your Majesties gracious Intentions They may 2. Where the first meeting of the Council shall be Where you shall find most convenient the City of Edinburgh only excepted 3. If Your Majesty will not permit the Council to sit where and in such places as is conceived may tend most for the advancement of Your Service Yes 4. If the Declaration shall not be read to the Council and they required to sign the same By all means 5. If we shall not all swear to give our best assistance for the putting the same in due execution Yes 6. If any Councellour refuse to doe it what course shall be taken with him Dismiss him the Council 7. If Acts of Council are not to be made finding that this Declaration ought to free us of the fears of Innovations either of Religion or Laws Yes 8. If all Councellours are not to be warned to give their attendance till the business be settled Yes 9. If upon the publication of this Declaration there be Protestations made what course shall be taken The Protesters must be proclaimed Rebels 10. If no Protestations but Petitions of new be presented either demanding further satisfaction or adhering to their former what Answer shall be made or what course taken Vt supra 11. If they remain still in a Body at Edinburgh or elsewhere after the Declaration what course shall be taken You must raise what Force you may to treat them as Rebels 12. If they should petition against the High Commission itself as not to be introduced without an Act of Parliament what Answer shall be given That they muâ—t be content with My Declaration in that point 13. If against the matter contained therein it is then desired that those particulars may