their Act which constituted this Court for his Trial declared him a Traytor it was not to be disputed what the Parliament had Power to do but no Parliament had ever done the like before and the meaning of the Act must be that he should be tried whether guilty of Treason or not since if the Parliament have already declared him a Traytor further Trial was needless And it was clear the Parliament by their Act in Iuly last which declared all the Scots who entred England Enemies considered not the distinction of Post-nati nor judged that inferred Treason since most of them all were Post-nati That many of the Officers of that Army who had been taken Prisoners though clearly Post-nati were ransomed others banished others still in Prison why then should the imputation of Treason be fastned on the Duke when the rest were used only as Enemies And for the Articles they made it appear they were the Publick Faith of the Kingdom when given by persons publickly Authorized upon the observing of which inviolably depended the whole Intercourse of all Nations and their mutual Confidence which is founded on all States being bound by the Acts of their Publick Ministers That this was not a pure Rendition but a Paction concluded upon Deliberation wherein the Parliament lost nothing but on the contrary were Gainers That the Parliament had ratified this upon the matter by Voting a hundred thousand pound Sterling Fine to be the price of the Dukes Liberty That the secret sence the Treaters pretended was not to be considered since all Compacts are to be understood according to the clear meaning of the Words the universal sense of Mankind who look on Articles wherein Life is granted as a sufficient Security not only from the Souldiers but from the Civil Powers and that these Treaters when the Articles were agreed should have made known their secret meaning otherwise it was not to be regarded and it was a most dangerous Precedent to admit of collateral Averments of secret meanings against express words much more in a Case of Life and yet much more in Military Agreements wherein the Concernments of Armies and Nations were included and which concerned the Honour and Security of all Souldiers and for this divers Precedents were cited The Argument ended thus That as the Court consisted of Gentlemen Lawyers and of Martial men so the Plea consisting of three Branches was the more proper for their cognizance a part of it being drawn from the Law of England another part from the Civil Law and a Third part from the Martial Law and if the Plea in any of the three Branches was made good and they doubted not but it would be found so in them all the Court would be satisfied there was Reason Justice for preserving the Dukes life The Tenth Appearance The Court adjourned till Friday the second of March and the Duke being again brought to the Bar the Counsel for the People pleaded but so poorly that all who heard them were asham'd But they had one advantage that neither the Duke nor his Counsel were allowed to speak after them nor to discover their impertinent Allegations which made the Dukes Counsel obviate all they could imagine they might say though they said a great deal so far out of the way of Reason that none could have thought of it and yet it was so weak that it needed neither be obviated nor replied to Yet at the end of every Branch of their Pleading I shall add the Answers against them as they are set down in some Notes taken by the Dukes Counsel The Counsel for the People plead against the Duke They begun with Alienage and studied to make it appear that though he was a Scotchman born yet he was no Alien having enjoyed all the Priviledges an Englishman was capable of as being a Peer a Privy-Councellour possessing Lands and Inheritances and Marrying in England But Naturalization cannot be but by Act of Parliament and not by the Kings single Deed much less by those Priviledges of which any Stranger might participate Next they urged his Fathers Naturalization and since his Name was not in that Act as was in other Acts of Naturalization that proved him to be no Alien otherwise his Name had been put in From that it rather appeared he was an Alien since others found it necessary to insert their Childrens Names which his Father not doing proves the Son an Alien still They also urged his being Post-natus which must be held true since he brought no Evidence to the contrary and it being so his Tie of subjection was as great in England as in Scotland That Allegeance was only due to the King and not to the Kingdom That there was a King when he entred into England and that though he was secluded from the Government yet all Writs were issued in his Name so that this Expedition was a breach of the Allegeance he owed the King This was the oddest part of all their Plea since his Charge was that he assisted the King against the Kingdom and now they did plead he owed no Allegeance to the Kingdom but to the King whom they had so lately murdered the Dukes coming with his Army being only to relieve him from the Barbarous Vsage he had met with They also urged at large That an Englishman's Children in what place of the World soever they were born were Denizens of England and cited many Precedents But the Mis-application of them was gross and palpable those being of Persons who were Englishmen before their Children were born whereas the Duke's Father was naturalized after he was born so that he could not communicate that Priviledge to him which he did indeed transmit to his Children born after his Naturalization Next they pleaded that the Parliament of Scotland had no power to commissionate him to enter into England and that if some of them were there they ought likewise to suffer for it and it was fit he suffered for his Masters who employed him That it was pitty the King had not suffered sooner They also produced many Precedents of Strangers being condemned as guilty of Treason for Treasons committed in England as the Queen of Scots Lopez Perkin Warbeck the Lord Harris Shirley the Frenchman and the Spanish Ambassadour All this was obviated in the former Argument where distinction was made betwixt secret Practices and an open Invasion with a forreign Force They added That Scotland belonged to the Crown of England and so was to be look't on as some of the Counties of England But Scotland had no subjection to the Crown but only to the King of England whom they had murdered and so they had no Power to judge any Scotchman As for the Articles they pleaded it was not in the Power of the Army to absolve any from the Justice of the Parliament which being above them was not tied to their Articles and therefore though they confessed the words ought to have been less
and passed the River Sala pressing the Marquis to pass with him so afraid was he of Papenheim but the Marquis sent Sir Iacob Ashley to view the Pass who told him it was so good that he might safely march away in a quarter of an hours warning in spite of Papenheim and his Army upon which he would not stir Meanwhile Papenheim advanced with his Army but is relieved by Papenheim which he gave out to be ten or twelve thousand though it was onely 4700 men but to make the fame of it greater the Purveyors who went before him made provision for near thrice so many his men were drawn out of Garrisons and brought up in all haste and if Bannier had not been stiff it had been easie to have fought him and the least foil given him had made Magdeburg their own Papenheim getting to Magdeburg and finding that it could not be kept who leaves it marched away with the Garrison and every thing worth carrying with them but when he came out of the Town the Marquis and he fac'd one another in a Plain betwixt Kalbe and Saltsa and the Marquis though very much weaker than he yet had a great mind to have engaged but Bannier would not think of it neither had Papenheim any mind to provoke them and so he marched away thus Duke Weimar's slowness and Bannier's carefulness lost them that occasion After Papenheim was gone the Marquis entred Magdeburg where he found they had left about 40 peece of Cannon and great store of Ammunition with plenty of Corns he staid there till the beginning of February that the King of Sweden ordered him to lie about Halberstadt but his Souldiers were ill-entertained and those he had levied in Germany were pressing for Pay which should have been advanced by the King of Sweden therefore in the middle of February he went to that King who received him with his former kindness and by other Letters from His Majesty he found he was still so happy as to retain the room he had in his Heart which appeared by the two following he found there from His Majesty James I Have received four Letters from you almost all together to wit of the 23th of September of the 8th and 14th of October and of the 11th of November this last being under Henry Vane's Cover which makes me not let this Post go without letting you know of the receipt of your Letters having little other thing to write to you at this time because I am taking two or three days to make a full Dispatch to you and Henry Vane that you may know the uttermost of what you may expect from hence assuring you that in all these Conditions you shall still find me to be Your loving Friend and Cousin CHARLES R. Whitehall 16 Decemb. 1631. James YOu know that I am lazie enough in writing being willing to find excuses to write short Letters therefore though I confess that at this time I have matter sufficient to fill a long Letter yet in earnest having commanded Henry Vane to acquaint you fully with all my resolutions it were needless to trouble my self with writing or you with reading a long Letter therefore I will onely say that you will find that I neither mean to forget or break my Promises to you and that you will not be unluckie if you have but as good fortune in all your actions as is wished to you by Your loving Friend and Cousin CHARLES R. Whitehall 31 Decemb. 1631. But there were great rubs in the Treaty with England the main thing pressed by the Ambassadour was that the King of Sweden should give the Marquis an Army The King of Sweden proposeth unmeasurable terms to the King with which and the Forces and Moneys to be sent from England he should fall in on the Palatinat But the King of Sweden proposed unreasonable Conditions demanding greater Assistance from the King of Bohemia than the whole Palatinat could have given in its most flourishing Condition and some Cities of the Palatinat to be put into his hands till the Wars were ended with many other hard Conditions almost as severe as these which had been proposed by the Emperour so that the Marquis did clearly perceive Gustavus was beginning to reckon on all Germany as his Conquest and that he was to give what Laws he pleased in it Thus the Ambassadour and he were in very ill terms but he continued to use the Marquis with great civility yet he still declined to give him a Commission to levy a new Army neither would he pay him those Summes of Money he had laid out in his Service and his Chancellour said to him they knew very well he had spent none of his own Money having gotten 100000 l. from his Master He answered though that were true he and his Master were to reckon but that must not be set to their Accompt In April the Marquis desired that some order should be taken with the remainders of his Army till he got a new one for their number at that time could onely have made him a Colonel but not a General so they were reduced into two Regiments The Marquis's Army is reduced to two Regiments the one of English and the other of Scots the English were commanded by Colonel Bellandin since made Lord Bellandin and the Scots by Colonel Hamilton and they were put in Duke Weimar's Army The Marquis sent over Sir Iacob Ashley to give the King accounts of what passed who was quickly dispatched back with the following Letter James YOu did very well to acknowledge to the Chancellour of Swede his allegation concerning the 100000 l. that he supposed you had from me for His Masters Service and so much as you did reply to him thereupon was good but methinks you might have addeâ— that that would more plainly have shewed him his error which is That if his Master would not accompt to you for what I gave you yet if he will take notice of it that way it were reason not onely that he shâ—uld thank me for it but also suffer me to put it on his accompt in part of that Assistance I am to give him but if he will as he ought stand to his bargain with you then he must leave you and me to reckon together having nâ—thing to do to enquire particularly what passes betwixt us I need write little more to you at this time the trust and sufficiency of this Bearer making it needless onely to recommend him to you as you did to me and to tell you freely that you had done better in my mind if you had reserved to him the English Regiment when your Army was reduced This I write merely of my self on my word for no body knows that I do this and I never heard any blame you for it and for Jacob Ashley himself he is so far from censuring of you that you need wish to be no better than he calls you and he solicits your business
beyond the diligence and industry of a fee'd Lawyer So referring my self for what else I have to say at this time to him I rest Your constant loving Friend and Cousin CHARLES R. London the last of April 1632. POSTSCRIPT I hope shortly you will be in a possibility to perform your promise concerning Pictures and Statues at Muneken therefore now in earnest do not forget it All this Summer the Marquis followed the King of Sweden in the quality of a Volunteer The King of Sweden refuseth to give a new Commission of which he was sufficiently weary but he found that King was so jealous of him that he was not to expect any Trust near or in the Palatinat where he desired most earnestly to be imployed and that he did put him daily off in which the King of Sweden's design was that by his Impatience he might be quickned to carry on the Treaty with England on any terms But no consideration of his own could make him betray his Masters Service or drive on Propositions which he judged so dishonourable for him as were those he offered about the Palatinat wherefore he wrote to His Majesty to receive his positive Commands what to do His Majesties Answer follows James I Have received three Letters from you by James Lesley about the 25th of July all which I assure you have given me very good satisfaction as well for your right understanding of Affairs in general as to give me a light how to direct yours in particular which at this time is tâ—e onely subject of mine One of two you must chuse either to stay or come away For the first it were very Honourable to doe in the timis of Action if you had an Employment but neither having nor likely to have any hereafter it were dulness not patience to stay any longer yet it is fit to come off handsomly neither shewing impatience nor discontentment if may be although I think you have cause for both therefore I have commanded Henry Vane to propose a new Employment fâ—r you which though I think it will not take effect yet it will shew there is no way unsought for to find you out an Employment with the King of Sweden It is that you may be sent into the Palatinat to assist the French with so many men as my Contribution will maintain which if it may be done they promise me to put the lower Palatinat in my hands This though I do not hold as Gospel yet if this design might be put in practice it might certainly prove useful to my Affairs this being denied as I think it will you have no more to doe but to seek a fair excuse to come home which will be best in my opinion upon the conclusion of the Treaty between Sweden and Me or if any rubs arise that you might be sent to clear it with me So that upon the whole matter my Iudgment is that if you cannot serve me in the Palatinat as I have already said the best way is that you take the first civil excuse to come home to Your loving Cousin and faithful Friend CHARLES R. Oatland 1 Aug. 1632. POSTSCRIPT David Ramsay will as I imagine meet with you before you come hither which if he doe I hope you will remember what I have said concerning him already But at this time Oxenstern demanded a League Offensive and Defensive between the Crowns of Britain and Sweden and that the making of Peace in Germany should be onely in the King of Swedens hands This varying wholly from the former Treaty wherein they had onely treated about the Affairs of Germany and whereby no Peace could be without the Kings consent the Ambassadour and he broke up in very ill terms and on the back of this the Marquis pressing the King of Sweden to assign him a Country for levying a new Army The Treaty breaks up His Majesty answered him with a new delay but he told that King that he had been now fifteen moneths from his own Country and though he had been at a vast expence he had received nothing in that Service and that his Heart was too great to be a perpetual Volunteer as he had been these divers moneths past wherefore he pressed for a present Answer The King of Sweden confessed he had reason to be weary and he acknowledged the great obligation he had to him and that he would always look upon him as one of his best Friends but said the blame of all the delays he met with fell on the English Ambassadour on whom he fell a-railing with the greatest passion that the Marquis had ever seen him in The King of Sweden in â—reat passion and in a huffing way pulled the Marquis his Hat out of his hand and clapped it on his own head and went stamping up and down the room in great rage The Marquis shunned the Discourse since as he could not condemn the Ambassadour so he would not irritat the King of Sweden by an ill-timed Justification of him but the chief reason of his passion was that many of the Princes of Germany were beginning to talk that their Deliverer was like to prove a greater Tyrant than the Emperour had ever been and he suspected the Ambassadour was Caballing with them But the Marquis seeing nothing but delays desired liberty to return to England that he might levy a new Army and remove any Misunderstandings were betwixt his Master and the King of Sweden This Proposition was so fair that it could not be refused so on the 8th of September the King signed a Commission to him for bringing over a new Army The Marquis returns to England and gave him Instructions for ending the Treaty with the King and a little after that he took leave of him and was dismissed by the King of Sweden and all about him with very high expressions of Friendship that King telling him that in whatsoever place of the World he were he would ever look upon him as one of his own As he was returning home he received the following Letter from the King James I Wrote to you in my last to find a pretext to come home but now I must tell you it is not fit to stay any longer where you are for the impossibility of your Employment there and the necessity of your business here requires your return so that at this time I 'le say no more but Nil mihi rescribas attamen ipse veni for you shall be no sooner come than welcome to Your faithful Friend and Cousin CHARLES R. Hampton-Court 24 Sept. 1632. And thus ended the Marquis his Expedition into Germany wherein if he missed that Success which himself or others had expected it was no miscarriage nor neglect of his own nor could it be said that he had failed in a jot of what he undertook though almost in every particular the King of Sweden failed to him neither was any thing so much the occasion of these neglects he met
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
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
all so that no clear Proof being brought the Parliament could come to no other Decision but that the Lords had good reason to withdraw themselves and so they were invited to return to their place in Parliament But he is again in His Majesties favour This was a tedious business and put a great stop to the Settlement betwixt the King and the Nation but further Particularities are thought needless to be set down since this Matter vanished no effect following on it The Marquis quickly recovered his former â—oom in the Kings Affection so that there remained not so much as a vestige of this cross Adventure Things in Scotland took presently a Settlement and those were called Plotters and Banders after examination and a delivering up of their Bond which was burnt by the hand of the Common Hangman were set at Liberty after some time of further Restraint but the Process of the alledged Incendiaries was to go on yet they were to enjoy their Liberty and undergo no other Censure but the loss of Publick Imployment which though yielded at London was long resisted in Scotland they pretending their Oath to bring them to condign Punishment But as the King was going on with the Settlement of one Kingdom The Rebellion breaks out in Ireland he got the saddest News that ever were heard out of Ireland of the desperate Rebellion and Massacre had broken out there whereupon His Majesty recommended to the Parliament of Scotland the Relief of his oppressed Protestant Subjects in Ireland which they undertook very willingly But because of the interest England had in Ireland Commissioners were appointed to Treat with the Parliament of England for Concluding a Peace betwixt the two Nations and Settling of Trade and particularly about the Terms upon which they should engage in the War of Ireland and so about the middle of November the King having granted to the Scotish Nation all they could demand ended the Parliament there and returned to London about the end of that month But before the Marquis left Scotland he by the Kings particular Command entred in a close Friendship with Argyle considering that besides the great Power of that Family his Interest with the Clergy and Covenanters was such that none could be so useful to His Majesties Service as he And this Friendship was to be twisted closer by a Bond of a near Alliance betwixt their Children But from all the Letters that passed betwixt them yet to be seen it is as clear as can be that all the Marquis his design in this Friendship was for the Kings Service and that all that time Argyle expressed a hearty concurrence in it To gratifie the Covenanters the more the King had created him a Marquis Lowdon was also made Chancellor Lesley Earl of Leven and Lindsay put in a fair way to be Treasurer Traquair being turned out The King at his return to London The King returns to London where he finds matters worse found the Edge he had left on some of their spirits was no way blunted but growing into more sharpness When the Marquis was in Scotland a Member of the House of Commons laying out their Grievances among other things inveighed against Monopolies and spoke so plainly that all understood he meant the Marquis as a Person that deserved to be accused as well as either Strafford or Canterbury but others of that same Cabal took him up sharply And now upon the Kings return his Enemies finding their designs against him could not take with the King in whose Favour he was as much as ever they took a strange Course to destroy him which was to set on some Members of the House of Commons to accuse him as the Incendiary betwixt England and Scotland who had engaged England into all that Expence who had also invited the Scots to march into England and had been always the third in Strafford's and Canterburie's Counsels who had advised the Dissolving of the former Parliament and had oppressed the Subjects by the grants of many Monopolies which he had This was smelled out even by some of the same Cabal who perswaded their Friends to desist shewing them That for his Carriage betwixt England and Scotland an Oblivion was passed in the late Treaty which was ratified by the Parliament of England That for other things though his Engagement in the Court had carried him along to some extreme Counsels yet they said it was well enough known how moderate his Inclinations were how great an Instrument he had been in the late Settlement of Scotland and how much he was hated upon that account and that this was a design to destroy him either out of malice or because some feared his moderate Counsels in England as much as they hated them in Scotland This seems to have flowed from the Friendship which divers of the Leaders in the House of Peers had for him whom he had often obliged and as they were not unsensible nor forgetful of his good Offices so they seem to have had a particular kindness for his Person And while he was in Scotland he kept Correspondence with Mandevil Essex and others and chiefly with the Lord Say and Seale but all their Letters shew that his greatest business with them was to prepare them to a better Correspondence with the King But when the Marquis smelled out the design against him he gave the King an account of it and told him that if His Majesty intended to go on in his Affairs in a Kingly way he would wait on his Commands and expose himself to the displeasure of the House of Commons but if His Majesty intended to settle Matters by an absolute Compliance with the Parliament then he conceived it was fit that his Servants should use their endeavours for their own Preservation that so they might be afterwards useful to his Service yet he said he would do nothing for himself but by His Majesties Allowance and Direction being it is like taught more caution by the Jealousies had been taken from his care of vindicating himself in the Parliament of Scotland The King upon this allowed him to use all means for his own Preservation which he so managed that the designed Accusation came to nothing This particâ—lar His Sacred Majesty vouchsafed to tell the Writter adding that he had it from the Queen His Mother Anno 1642. An. 1642. THe Tumults and Disorders about Whitehall and Westminster rose to that height that the King withdrew to Windsor in the beginning of the year The Scotch Commissioners continued Treating about their engaging for Ireland The Sâ—ots Commissioners animate the Houses to press the change of the Laws about Church-Government which the King pressed forward very earnestly but some of the Commissioners begun to tamper with those who were most opposite to the Court in the Two Houses and in stead of Moderating them were instigating them to persist in their Demands about Religion to get Episcopacy brought down and Presbytery set up To
should I be an undertaker to the Parliament for either having neither my Instructions nor Directions from Him to mention to the Parliament or any Member there But these Reports proceed from such who perhaps if the matter were looked into have said what probably they will not make good and so endeavour to make other men bear the Burthen I am not sorry they have joyned you with me in this since it cannot prove your disadvantage the thing being so eminently false I see my Enemies malice will have no end and when they want other grounds Sickness is enough for them to take advantage of but if they had been in the Condition that I have been in these three weeks they would have been more charitable and so I leave them The uncertainty of my Recovery hath made me write thus much to you and truely not without trouble that you may let His Majesty know my Innocency in these particulars and that I still continue in a Condition not able to attend Him which is a great grief to Your faithful Friend and Servant HAMILTON Whitehall 7th April 1642. In the middle of April the King signified to his Council in Scotland his Design of going in Person against the Rebels in Ireland The King thinks of going to Ireland which he purposed both to put more vigour in the Army by his Presence as also to refute those Calumnies were spread upon him as if he inclined to Popery and had been accessory to the late Rebellion with which damnable Calumnies his Enemies were beginning to asperse him But the Scotish Council as well as the Two Houses but that motion is disliked by both Nations interceded earnestly with him against this Design pretending the Hazard his Sacred Person would be in Some judged that they were afraid lest by such a real Argument the Calumnies were cast on His Majesty and scattered among the Vulgar for carrying on their Designs might be refuted and some feared lest His Majesty had he gone to the Army might have gained too much upon their Hearts whereby he might have been in a Condition to have over-awed the Two Houses In May the Scotish Council sent up the Lord Chancellor to offer a Mediation for a better Understanding betwixt the King and the Two Houses but the King was much irritated The Chancellor of Scotland sent to mediate betwixt the King and the Two Houses by the Affront he had lately received before Hull from Hotham He likewise found the Chancellor insisting on Vniformity of Church-Government therefore he ordered his return into Scotland and gave him a full account of all had passed betwixt him and his Two Houses requiring him to give a true representation of it to his Council there In the end of the Month the Marquis had recovered so much Strength as to come and wait on the King at York where he would gladly have prosecuted his former Counsels for advancing a Settlement betwixt the King and his Two Houses but he knew not how to advise the King to grant more than he had already yielded to which as the King said to him was more than had been granted by all the Kings of England since the Conquest adding that though he had gone a great length in Concessions to them they had not obliged him by one favourable Vote so that nothing remained for the Marquis but to lament the Kings Misfortune yet he offered the uttermost of his Services to him and subscribed for the pay of threescore Horse in the Kings Army But he represented to His Majesty the Hazard of Scotland's concurring with the Two Houses which the King might easily apprehend both from the late carriage of their Commissioners and from what he knew of their Temper especially of the Ministers Zeal and Power with the People For his own part he said he was able to do the King small Service any where but having neither Interest friends nor followers in England he would be but a burden to His Majesty there but if he could signifie any thing it was in Scotland where he should use his utmost Endeavours to divert them from assisting the Kings Enemies for to expect Aid from them was not to be thought upon His Majesty judging this most expedient sent him to Scotland without any positive Instructions recommending only to him his Service in General of which he was so confident that he wrote the following Letter after him Hamilton and is sent by the King to Scotland I Have no time to write Particulars and to perswade you to serve me I suppose that I have less need than time therefore in a word this is a Time to shew what you are assuring you that at all times I will shew that I am Your most assured and constant Friend CHARLES R. MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment THE Marquis came to Edinburgh in the beginning of Iuly Great Jealousies of the King in Scotland and found very many disgusted with him for his late concurrence in the Council at York as a Peer of England He studied by all means to remove the wicked Insinuations which some in England had sent to Scotland against the King the most hurtful of them was about his favouring of Popery and his Designs of falling upon Scotland by Force as soon as he had mastered the Two Houses These were zealously propagated by the Emissaries from England and all Places sounded with the danger Religion was in so that he found his Negotiation was like to prove again unfortunate The only means by which he had any hopes of engaging Scotland in the Kings Quarrel was to move that an Invitation might be sent from Scotland to the Queen for her return whom the Tumults at London had driven beyond Sea that she might mediate for a Settlement betwixt the King and the Two Houses This he judged might insensibly draw them on to own the Kings Service for if the Queen came upon their Invitation they would be obliged in Honour to protect her and see that she met with no Injuries and to resent such as should be done her and therefore he sent a confident Friend to give His Majesty an account of the Posture things were in according to the following Instructions SHew His Majesty with what a prejudicated Opinion I was received by reason of what I have done at York which I still lie under Shew in what Temper I found this Kingdom occasioned as I conceive by the apprehension they have of His Majesties not observing what He hath already granted if He shall be in a Condition to force them seeâ—â—g it is believed that what He hath given was against His Will Next divers eminent Persons apprehend that if He obtain His ends by Force they will be neglected and Persons obnoxious to this Kingdom cherished Shew that some activâ— mâ—n will not lie
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
this Kingdom respectivè and which His Majesty since by so many Declarations and deep Protestations hath Sworn to maintain inviolably Thirdly That your Lordships may be pleased to consider that as nothing will more diminish His Majesties Greatness than that this Kingdom should consume in Civil War so nothing will more conduce to the Suppressing of insolent Papists malignant schismatick and Disloyal Brownists and Separatists the special if not the sole promovers of these unhappy Misunderstandings than that heartily and freely without respect of worldly and secondary Considerations we give to Christ what is Christ's and to Caesar what is Caesar's by means whereof the Truth and Purity of Religion shall be established to the utter Confusion of all these Sectaries true Monarchical Government firmly setled by which likewise Laws and Authority shall retain their ancient vigour and force to the Suppression of all Commotions and tumultuous Conventions the bane and overthrow of all true Religion and Policy Fourthly Although there be nothing farther from our minds than to presume to question or crave of your Lordships an account of your Actions knowing perfectly by the inviolable Laws and Customes of this Kingdome that to be only proper and due to the King and Parliament from whence you have that great Charge and Trust delivered unto you yet we hope your Lordships will give us leave in all Humility to remember your Lordships of your Deliverance June 1642. and are confident that the said Lords the Petitioners neither have nor shall have necessity to trouble themselves nor the Council with Supplications of this kind and that your Lordships in your Wisdom will take some Course for preventing all occasions which may in any sort disturb the Peace of this Kingdom or make Division among the Subjects thereof This Petition was signed by a great many Noblemen and Gentlemen Many sign it but though they took much pains to get Ministers to concur in it yet none of them could be drawn to it This Petition was presented with many hands at it to the Council and it was observed that as it was written by a trusty Friend of the Marquis's so also all his Friends signed it which made the Author suspected and did shew that his Friends adhered hitherto to their Duty and his Example All the Answer the Councellors returned to it was that they should be careful to proceed as they should be answerable All the Ministers condemn it But the Preachers threatned Damnation to all the Authors and Subscribers of it and detestable Neutrality became the Head on which they spent their Eloquence The Commission of the General Assembly passed a severe Censure on the Cross Petition in a Remonstrance they gave in against it which was answered by a Counter-remonstrance Upon these cross tides of Petitions that were offered to the Council the Conservatours of the Peace resolved to send some Commissioners to London Commissioners sent to Treat betwixt the King and the Two Houses to Mediate betwixt the King and the Two Houses and endeavour chiefly the Uniformity of Church-Government for which end the Commission of the Kirk was also to send their Commissioners to second them in it and no resistance could be made to this that was able to obstruct it They also moved that the King should be desired to call a Parliament in Scotland The Marquis and his Friends opposed this vigorously not that he was against a Parliament but judged the Motion unseasonable and thought the Time prefixed at the last Parliament for the next to wit after three years needed not be anticipated It was also put in their Instructions to their Commissioners to press the King to put all Papists from his Person The Marquis and his Friends also opposed this not upon the account of the thing it self but because it seemed to cast a Scandal upon the King as if his Religion were to be suspected But the Church-party was strongest in this Meeting of the Conservatours and so carried every thing in it The Safe-conducts being come they named their Commissioners the Chancellour being the chief of them and though Lanerick in the Kings Name excepted against the Lord Waristoun and produced the Kings Warrant for it yet they named him but were so wise as not to send him They were also so discreet that they appointed the Commissioners to go first to the King Things being thus determined Lanerick took the start of them but they were at Court before him he being detained by a Garrison of the Parliaments for some days In the end of February he came to Oxford Lanerick goes to Court and discovers the inclination of the Church-party where he gave the King an account of the present state of the Scotish Affairs and that it was the Advice of His Majesties truest Friends in Scotland that he should entertain the Commissioners with the best words he could give them but should not by any means suffer them to go to London since there were great grounds to fear they would engage too deep in the Quarrel if they went thither This Advice agreed so with the Kings Inclinations that it could meet no resistance in his thoughts When the Commissioners arrived they delivered their Message but the King repeated what was formerly told them That Scotland and England had different Laws and Interests and therefore it was to give the one Kingdom too great an advantage over the other to suffer them to come and be Vmpires in the present Differences They pressed their Desires as warmly as they could but all was in vain for the King would by no means suffer them to go to London and in particular he told the Earl of Lowdon what grounds He had to believe they designed to raise an Army for the Parliaments Quarrel and that some of his fellow-Commissioners would prove Incendiaries rather than Mediators But Lowdon with great Protestations denied that they designed to raise Arms and said to the King These were but the Misrepresentations with which the Marquis and his Brother abused His Majesty As for the Calling a Parliament the King said he saw no reason for it and therefore would not anticipate the Day that was already prefixed for it But to the Commissioners from the Assembly the King gave the following Answer which I set down in his own Words having it written all with His Majesties own Hand HIs Majesty commends the Zeal of the Petitioners for the advancement of the true Reformed Religion against Heresy Popery Sects Innovations and Profanity and always shall use His best and uttermost endeavours for Advancing the one and the utter Suppressing the rest For the Vnity in Kirk-Government His Majesty knows that the Government now established by the Laws hath so near a relation and intermixture with the Civil State which may be unknown to the Petitioners that till a composed digested Form be presented to him upon a free debate by Both Houses of Parliament whereby the Consent and Approbation of the whole Kingdom
marks of His Majesties Favour and Confidence in the disposal of all Offices and Places at Court that every third time they should be filled with Scotish men together with other particulars not needful to be mentioned But against all this it was objected that those who had the Ascendant in the Councils at Oxford were either Papists or men of Arbitrary Principles and the Clamours that always follow Generals and Armies where there is no certain Pay were carried to Scotland not without great additions against the Kings Forces to possess people with a deep alienation from them It was likewise said that since the King notwithstanding the Declining of his Affairs in England would not grant what was desired there about Episcopacy it might be from thence gathered what he would do if his Arms were successful and therefore all People were possessed with the jealousies of his subverting the whole Settlement with Scotland assoon as he had put the War in England to a happy Conclusion And though it was answered to this that the Kings putting things to hazard rather than sin against his Conscience was the greatest assurance possible that he would faithfully observe what He had granted to this Malicious people said that it would be easie to find distinctions to escape from all Engagements and if the putting down of Episcopacy was simply sinful according to the Kings Conscience then that alone would furnish Him with a very good reason to overturn all since no Men are bound to observe the promises they make when they are sinful upon the Matter And these Reasons did generally prevail with the Covenanters to refuse to joyn with the Kings Party in England therefore they concluded it necessary to Engage with the Two Houses both because the Cause was dear to them it being a pretence for Religion and Liberty It was also said often that they owed their Settlement partly to the backwardness of the Armies the King had raised against them in England and partly to the Council of the Peers who had advised the King to grant a Treaty and afterwards a full Settlement to them And that Paper which was sent down in the Year 1640 as the Engagement of 28 of the Peers of England for their Concurrence with the Scotish Army that year was shown to divers to engage them unto a Grateful return to those to whom it was pretended they were so highly obliged For though the Earl of Rothes and a few more were well satisfied about the Forgery of that Paper yet they thought that a Secret of too great Importance to be generally known therefore it was still kept up from the Body of that Nation And upon these Pretences and Inducements it was that it came to be generally agreed to to enter into a Confederacy with the Two Houses So Fatal did the Breach between the King and his People prove that even when it seemed to be well made up by a full Agreement there was still an after-game of Jealousies and Fears which did again widen it by a new Rupture which to these men seemed at this time unavoidable otherwise they found the ease of a Neutrality to be such that the Men of the greatest Interest in those Councils have often told the Writer they had never engaged again had it not been for those Jealousies with which they were possessed to a high degree There was a Committee of Nine appointed to Treat with the Commissioners the English pressed chiefly a Civil League and the Scots a Religious one but though the English yielded to this yet they were careful to leave a door open for Independency Thus the Treaty with the English Commissioners went on notwithstanding a Letter the King wrote to the Chancellour to be communicated to the Council requiring them not to Treat with them since they came without His Majesties Order but they who had leaped over all other matters could not stand at this And now came to light that which had been a hatching these many Months among the Iunto's which was the Solemn League and Covenant which follows The Solemn League and Covenant of the three Kingdoms WE Noblemen Barons Knights Gentlemen Citizens and Burgesses The Solemn League and Covenant Ministers of the Gospel and Commons of all sorts in the Kingdoms of Scotland England and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of GOD and the advancement of the Kingdom of our Lord and Saviour Iesus Christ the Honour and Happiness of the Kings Majesty and His Posterity and the true publick Liberty Safety and Peace of the Kingdom wherein every ones private condition is included And calling to mind the treacherous and bloody Plots Conspiracies Attempts and Practices of the Enemies of GOD against the true Religion and Professors thereof in all places especially in these three Kingdoms ever since the Reformation of Religion and how much their Rage Power and Presumption are of late and at this time encreased and exercised whereof the deplorable estate of the Church and Kingdom of Ireland the distressed estate of the Church and Kingdom of England and the dangerous estate of the Church and Kingdom of Scotland are present and publick testimonies We have now at last after other means of Supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruine and destruction according to the commendable practice of these Kingdoms in former times and the example of Gods People in other Nations after mature deliberation resolved and determined to enter into a mutual and Solemn League and Covenant Wherein we all subscribe and each one of us for himself with our hands lifted up to the most high GOD do Swear THat we shall sincerely really and constantly through the grace of GOD endeavour in our several Places and Callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government against our common Enemies the Reformation of Religion in the Kingdoms of England Ireland in Doctrine Worship Discipline and Government according to the Word of GOD and the example of the best Reformed Churches And shall endeavour to bring the Churches of GOD in the three Kingdoms to the nearest conjunction and Vniformity in Religion Confession of Faith Form of Church-Government Directory for Worship and Catechising that we and our Posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us That we shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy that is Church-Government by Arch-bishops Bishops their Chancellours and Commissaries Deans Deans and Chapters Arch-deacons and all other Ecclesiastical Officers depending on that Hierarchy Superstition Heresie Schism Prophaneness and whatsoever shall be found to be contrary to sound Doctrine and the Power of Godliness lest we partake in other mens sins and thereby be in danger to
he had a Commission for it under the Great Seal of England it being contrary to the Articles of the late Treaty of the two Kingdoms which was ratified in Parliament At this time the Treaty betwixt the Two Houses in England The Treaty betwixt Scotland and England is concluded and the Convention in Scotland was closed Against the 5th of October a hundred thousand pounds Sterling was to be paid in Scotland and against the Twentieth of that Month an Army of Twenty thousand Horse and Foot was to be on the Borders from Scotland who were to have thirty thousand pounds Sterling a Month for Pay only the hundred thousand pounds Sterling was to serve for the first three Months The General was to be chosen by the Scots the Army was to receive Orders from a Commitee of both Kingdoms no Peace should be treated or concluded without the Scots and the Publick Faith was given by the Convention of Estates in Scotland that their Army should return out of England when a Peace was concluded by both Kingdoms And so the Convention Adjourned till Ianuary having chosen a Committee of Estates to whom they gave full Power in all matters Civil and Military About the middle of September the fairest opportunity of all was lost for the Parliament of England apprehending the hazard of the loss of Berwick sent down some Ships by which Berwick seized on by the Parliament with the Concurrence of the Scots it was presently Garrisoned and the Committee of Estates issued out toward the middle of September Commissions for making of Levies â—hrough the Kingdom so that nothing kept them from Marching but that they heard not of Money from England The Kings Friends were now in the greatest perplexities imaginable they saw his Affairs in a ruining Condition and themselves able to do nothing but regrate it All September passed over ere they had a return from Oxford and since the hope of Berwick was irrecoverably lost nothing remained but Despair The Church-party became daily more resolute and the Kings-party became fainter At length in the beginning of October Mr. Mungo Murray came from Court but brought no present Relief only large hopes of Assistance to follow quickly He also brought Letters from the King both to the Council and the Conservatours of the Peace that to the Conservatours of the Peace follows CHARLES R. RIght Trusty and Right well-beloved Cousins and Councellours Right Trusty and well-beloved Councellours and Trusty and well-beloved The Kings Letters to the Conservatours of the Treaty We greet you well No Industry hitherto could have so far prevailed with Vs as to gain any belief that Our Scotish Subjects would countenance much less assist this bloody Rebellion in England yet We know not how to understand the Levying of Forces both Foot and Horse within Our Native Kingdom and their entring Our Town of Berwick in an hostile manner You are particularly trusted by Vs and Our Parliament and solemnly sworn to be faithful in the discharge of that Trust of seeing the Articles of the late Treaty observed which here is most grosly violated therefore We require you as you will be answerable to God to Vs and Our Parliament to take speedy and present Order for recalling and suppressing those Forces Our most malicious Enemies must bear Vs witness how religiously We have observed these Articles on Our part whereof if We had not been more tender than the advisers of the Breach have been of the Publick Faith it is obvious to any how easily We could have secured that Town from all Rebels We have likewise thought fit to take notice of the private Preparations in that Our Kingdom of Raising an Army by a new Authority to come into Our Kingdom of England under the pretence of securing themselves from a Popish and Prelatical Army falsly alledged to be upon the Borders such Forces as We have there being only for Protecting of Our distressed Subjects from the Incursion of Rebels from their Ships at Berwick and Holy-Island and for no other end Such then as shelter themselves under that Pretext will find from thence but a slender Warrant before God who knows the integrity of Our Heart and how inviolably We intend to preserve all that We have granted to that Kingdom so long as they suffer themselves to be capable of Our Protection and those Favours We do require you not only to oppose and suppress all such unwarrantable Levies but by your Publick Declaration to disabuse those Rebels in England who endeavour to engage you in their Rebellion and expect Assistance from you in all which We look for ready Obedience and expect a present account thereof We bid you heartily farewell Given at Our Court at Oxford the 26th day of September in the 19th Year of Our Reign 1643. The Letter to the Council follows CHARLES R. The Kings Letter to the Council RIght Trusty and Right well-beloved Cousins and Councellours and Trusty and well-beloved Councellours We greet you well Whereas Our desire of preserving Peace within Our Native Kingdom and preventing such Disputes which malicious Instruments might so heighten as to divide Vs and any of Our Scotish Subjects moved Vs by Our Letter of the tenth of June to dispense with the unwarrantable Calling together of the Nobility Commissioners of Shires and Burroughs at Edinburgh the twenty second of June 1643 and so far to give way to the Meeting as to allow them to take into Consideration the best ways of Maintaining Our Scotish Army in Ireland for Suppressing of that bloody Rebellion there since Our Two Houses of Parliament here had failed in the performance of the Treaty concluded upon betwixt the Two Nations for that effect and likewise for such other Particulars as Our said Letter doth more fully contain expecting they would have limited their Resolutions thereunto and paid an equal Gratitude of Duty and Obedience to Vs and Our Iust Commands as We have so lately and so many ways expressed Our Affection to that Our Kingdom in General and so many Members of that Meeting in their own particulars all which notwithstanding they have proceeded to Resolutions as unjustifiable as their Meeting and would engage Our Subjects to an Obedience of their Arbitrary Commands beyond the Power of any of the most Free and Lawful Conventions of the Estates Our Authority and Consent being so absolutely contemned that they have exâ—eeded the Bounds We have prescribed and proceeded to Conclusions of the highest nature without so much as acquainting Vs therewith Such high Indignities to Vs and Our Authority make Vs believe they have forgot they have a King and their Oaths in preserving Vs in Our Iust Power as their King but God will discover and punish such undutiful Thoughts how closely soever they be clouded with pretences of Safety to Religion and Liberty which they know will ever be dearer to Vs than Our Own Preservation Our good Subjects will likewise suffer with Vs by their heavy Taxes upon
to come and wait on Him And for the Militia the Scots had declared themselves satisfied with the Kings Concessions about it wherefore He desired they would stick to Him according to their Promises As for Religion He desired they would represent to those who were best-affected how dangerous it would be to insist too much on that at this time when the greatest hazard was from the Sectaries and that His Majesties consenting to a temporary Establishment of what they craved did put them in a fair way to their Desires And beside all this it was recommended to them to procure a delay of the Desire for an answer to the Propositions till the 16th of September When these Instructions were given them the King desired their promise first of Secrecy next of Fidelity in discharging what was intrusted to them for the second they undertook it but refused the first except the King also promised Secrecy His Majesty presently apprehended their Design was that the Duke and his Brother might understand nothing of their Imployment and finding it was a thing wherein neither of them was concerned He thought it unfit to disoblige Argyle by that Refusal since he was so able to serve him if he should be Cordial in it and He was secure of the two Brothers that if they mistook His Reservedness it would be easie for Him to clear Himself afterwards Yet this Secret was ill-kept among them for the Earl of Lauderdale had notice of it as he told the Author before they came to London but opposed much the seeking a Delay to a prefixed day since he knew that could not be granted without adding a dreadful Sanction of Deposing the King in case a favourable Answer came not against the day appointed and found it would be easier to procure a Delay by other Methods than by asking it The Duke and his Brother were much troubled with the Kings Reservedness in that Affair but assoon as they understood the ground of it they were satisfied But what success that Negotiation had or how it was managed doth not appear to me from any of the Duke's Papers In the beginning of August the Duke went to Scotland where his greatest Care was to see what could be done to get the Committee of Estates to be satisfied with the Kings Concessions The Duke deals with the Committee of Estates to get them to acquiesce in His Majesties Concessions representing to them how they did at once put England in the possession of the desired Church-Government and set the other out of the way which was a great stop to their full satisfaction He desired they would consider how inhumane and unchristian it was to force the Kings Conscience and how much it favoured of the Violence they had lately condemned in the Bishops It was visible that nothing but Conscience could be imagined to lye in the way of the Kings Accepting the Propositions and were His Majesty like many Princes to swallow down all things and belch them up at their Pleasure there would be less ado made but the Kings sticking at what He could not yield did abundantly secure them of His making good to them all that was promised On the other hand they were to consider that if they should now desert the King and bring their Army out of England it would make them odious through the whole World and the payment of the Arrears of their Army would pass under a far worse Character Besides England was divided and the Party that was most prevalent among them waâ— the Independent with the other Sectaries who would never carry on the Settlement of Religion and by their present carriage at London it appeared what Friendship they had for Scotland wherefore he moved earnestly that their Army should not be brought out of England till a firm Peace should be established according to the first Treaty Anno 1643. but was opposed by the Ministers This did shake many but some of the Leading Church-men were not satisfied with this and represented to their Party that all this was said smoothly to engage them to the Kings Quarrel which they were resolved never to do till the Covenant were taken by Him Neither were they well-satisfied with the Duke for his being instrumental in the Agreement with Montrose and his Party and it was preached to his face that all the Bloud that was lately shed would lye on them and their Posterity who for the pleasing of men had procured such Favour to the Enemies of God and of his Cause and People In the end of August they sent the Duke with the Earls of Crawford and Casilis and some others to deal with His Majesty for a speedy granting of the Propositions The Duke is sent to the King to obtain from him the granting the Propositions and to represent to him all the inconveniences that followed even upon a Delay much more upon a Denial The Duke had no willingness to the Employment misdoubting the Success and knowing his engaging avowedly in such a Message would be misrepresented but there was no avoiding of it for had he declined it he would have been suspected of being an ill Instrument and of Aversion from the thing which would have disabled him much from going on with the Kings Service They came to Newcastle in the beginning of September where they discharged themselves of their Commission to the full But the King answered them in the following Paper yet extant under His Majesties Hand My Lords I Shall begin by answering what you have now said for I assure you I had not thus long delayed My Answer The Kings Answer to their Desires but to weigh fully those Reasons and Arguments which you have laid before Me whereby to use the uttermost of My Endeavours to give you all poâ—sible Satisfaction for you having told Me nothing but what I have heard before the change of Answer could hardly be expected And now I do earnestly desire you to consider what it is that I desire which is To be heard which if a King should refuse to any of His Subjects He would for that be thought a Tyrant For this if I had but slight Reasons it were the less to be regarded but they are such upon which such a Peace as we all desire doth depend for albeit it is possible that if I should grant all you desire a Peace might be slubbered up yet it is impossible that it should be durable unless there should be a right Vnderstanding betwixt Me and My People which cannot be without granting of what I desire Yet I desire to be rightly understood for though many like to Esops Fable will call Ears Hornes yet let men say what they will I am far from giving you a Negative nay I Protest against it My only Desire being to be heard for I am confident that upon Debate I shall so satisfie them in some things as likewise I believe they may satisfie me in many things that we shall come to
with the like apprehensions to minister much Comfort to him only he pressed him not to give way to languishing Sorrow but to see what could be done for setting things right again and for infusing that sense of Shame and Horrour in all People for the late Action which might prepare them to a Noble Reparation of it by a generous Engaging in the Kings Quarrel And upon this much pains was taken to infuse Jealousies of the Independents in the minds of the Kirk-men though there were other violent persons as careful to refute them Most of this Year was spent in possessing all mens Minds with these Apprehensions so preparing them for what they designed to execute upon the first Opportunity The Duke and the Earls of Lauderdale and Lanerick were they who united most closely and cordially for the contriving and prosecuting of that Design The King was Prisoner at Holmby without any other Liberty save that of taking the air sometimes all his Servants were denied access to him and so cruel was the zeal of his Enemies that it reached to his Soul for they refused liberty for his Chaplains to wait on him a favour not denied to the worst of Malefactors but God was his Refuge who supported him in all his Sufferings and Solitudes The Two Houses wrote to the Committee of Estates in Scotland that they should take such a joynt Course with them as might tend most to bring things to a happy Peace But now the Jealousies betwixt the Parliament and the Army begun to grow visible and above board for the Presbyterian Party in the Parliament saw their Error too late Disorders rise in England most of them seemed to have intended the Kings Good only they were mistaken in Judging that the Parliament in which they were most numerous would never be disobeyed by the Army but being disappointed in this they ruined all their confidence in their Power in Parliament having been the cause why they let the Scotish Army go home for till they were gone the Independents crouched under them and trepanned them into Severities against the King and the Dismissing of the Scots who were no sooner gone but the Army acted what had been before projected but most industriously concealed from the Presbyterians Lauderdale is sent to England In April the Earl of Lauderdale was sent from Scotland to London to insist on the motion for a Settlement with the King and chiefly to hinder the adding of any new Propositions and he was also Instructed to deal for a permission to the Duke and the Earl of Dumfernline to go and serve the King in his Bedchamber But the Earl of Lauderdale found matters in great confusion at Westminster for the chief thing thought on was the Disbanding of the Army which was an unnecessary Burden to the Kingdom many grounds of Fear appearing that their Designs were to keep themselves up and govern the Nation by a Military and Arbitrary Power therefore such as were best-affected judged it necessary once to disband them before they engaged in a new Treaty with the King But for that private Proposition concerning the Duke and Dumfernline the Earl of Lauderdale seeing it would not take because there was not a Family yet settled about the King nor could it be expected that any from Scotland would be the first they would set about His Majesties Person did not present it and indeed the Duke's late Behaviour in opposing the Delivery of the King had forfeited his Credit with those of England then in Power But it is not my meaning to go on with a regular History of the irregular Transactions that past in England this Year I shall only say so much of them as will make appear what reason the Scots had for their Proceedings and to clear what may have relation to the Dukes Concerns In the middle of May the King sent a new Message to the Parliament of England in order to a Treaty but his Offers were the same upon the matter they had been at Newcastle and so not like to take and the Two Houses were then busied about Disbanding the Army They therefore ordered the Army to be disbanded and some of the Forces they kept up to be sent over to Ireland and all Satisfaction being offered The Army refuses obedience to the Parliament the time of their Disbanding was named But the Ring-leaders of the Army disposed them to mutiny against the Parliament upon pretence of want of Satisfaction in matter of Money and Reparation in point of Honour so the Army drew to a Body and erected a Court who were called the Agitators Mean-while Cromwel puts his Party in the House of Commons on the Recalling oâ— their Declarations against the Army and goes to the Army though his Commission was expired More Money was offered to the Army but nothing was accepted only divers of the Presbyterian Officers submitted and subscribed for Ireland whereupon they were by the prevailing part of the Army disbanded and takes the King from Holmby And the Army to make a sure game for their Party sent one Ioice a Taylor by Trade but now a Cornet by his Employment to Holmby who came at twelve a clock at night and forced the King to go with him against his will Upon which the Earl of Lauderdale emitted a Declaration in Name of the Scotish Nation against that Force put on the Kings Person contrary to all their Treaties and Declarations and demanded that His Majesties Person might be presently set at Liberty and brought with Honour Freedom and Safety to some of His Houses in or about London and after that he went to Newmarket to wait on the King who was there with the Army But the Army begun to abuse His Majesty into some Confidence in them And use Hiâ— civilly and used Him at another rate than had been done at Holmby They gave free access to all His Servants to come to Him they allowed His Chaplains to attend about Him and serve in their Office according to the Liturgy and permitted Him free Correspondence with the Queen and every body else and in their Discourses intimated their willingness to lay aside the Covenant and allow the Toleration of Episcopacy and the Liturgy all which though smoothly said was meant to cajole Him to his Ruine Assoon as His Majesty was at Liberty He wrote the following Letter to my Lord Lanerick Lanerick THe present condition of My Affairs is such He writes to Lanerick that I believe you and your Brother may do Me better Service at London than where you are therefore I desire that both or at least one of you would come up assoon as you could the rest I leave till meeting and so farewel Your most assured real constant Friend CHARLES R. Newmarket 22th Iune 1647. To this my Lord Lanerick wrote this Answer Sir YOur Majesties Letter of the 22th of June had been immediately obeyed Lanerick's Answer if our Stay here for some time had not
inclinations over England should prove too hard for them but Mr. Marshall Great Disorders in England who was sent back from the English Commissioners in Scotland comforted them the best he could giving them all assurance that the Designs there would meet with vigorous Opposition wherefore it was moved that some of the Forces might be presently sent down before the Army were drawn together who might hope for good Assistance in Scotland But he also told them that nothing would be so likely to divide them in Scotland as to declare for the Covenant and the Propositions sent to Newcastle and indeed this was much dreaded by the Duke and his Friends since there was nothing so popular in Scotland as that the Parliament and Army of England had fallen from the Covenant but they resolved though that were granted to accept of no Treaty till the Army were presently disbanded for which the former Years Transactions did furnish them with very good reasons Mr. Marshall did what he could to reconcile the Presbyterians and Independents in London and that they might not fall out about Religion it was Voted that the Kingdom should be first settled before Religion was fallen upon The City of London was generally well-affected to the Scotish Design though some studied to alienâ—te them from it by telling them that those in Scotland were in Correspondence with the Cavaliers in England The City was inconstant and the Citizens feared the Armies falling on them to plunder them so that they were easily over-awed and at that time the Agitators of the Army were upon the Fining of the City in a Million of English Mony A general Answer was returned to the Scotish Demands by the day they had prefixed with the Promise of a more particular one to follow shortly which was looked on as a Design to shift them off by Delays At this time the Two Houses were much lifted up with a Defeat given to Langhorn in Wales which was represented to be greater than indeed it was But to allay their Joy there came in Petitions from many Counties of England for a Personal Treaty with the King and for being disburdened of the Army one came from Essex which was subscribed by twenty four thousand Hands and eight thousand men came out of Surrey with their Petition upon whom the Souldiers fell barbarously and killed about Twenty of them wounding above an Hundred Next the Kentish men rose in a formidable number but it was more terrible that the Navy was staggering and many of the Captains of the Ships declared against their Proceedings This was sad News for London by reason of their Trade which was like to be blockt up And now Cromwel to please the City of London drew the Forces out of it and left the Militia of London in their own Hands only he got Skippon who was of their own Cabal made Major-General of their Trained Bands and there was no small Disorder in the Army the Agitators being for the most part Levellers and against Cromwel as was by some supposed With all this Tragical visage of things they at Wâ—stminster were not a little mortified A Fast at Westminster so they appointed a Day of Humiliation and when they were naming the reasons for the Fast one of the Members had a singular opinion that notwithstanding the Self-denying Ordinance they had past yet they had ingrossed all Places of Power and Profit to themselves by which Juggling God was mocked wherefore he moved that they might devest themselves of these but the rest were not of his mind And if three Sermons and a great many long Prayers would reconcile God to them they would be at the cost but were resolved to quit none of their Power nor Places All these Tumults in England as they had hindered the Two Houses from sending down their Forces to Scotland so they called aloud for hasty Relief from the Scotish Army which from all places was called for But the Oppositition the Clergy and their Party made had so fore-slowed their Levies that they could not overtake this fair opportunity but were forced to leave the poor People in England to be knockt down by the insulting Army The Parliament of Scotland re-assembled in Iune The Parliament adjourns and after few days Sitting and the emitting of new Declarations both for Scotland and England but of a milder strain than their former of April had been being now weary of their hopeless courting of the Clergy they adjourned for Two Years having chosen a Committee of Estates sure to their Designs and they were drawing their Army together with all possible diligence But the great matter now debated in Scotland was A present March is disswaded by some whether they should first make all sure at home or leave things in that disordered posture and make haste into England Lanerick was for taking order with the Opposite Party and the Lords that headed them before they stirred out of Scotland lest otherwise assoon as they were gone the Ministers might blow up the People into Sedition which would either force them to send back a part of their Army for curbing them or lose Scotland totally by their Tumults while their Army should be strugling with an uncertainty in England Besides they were neither well-furnished with Arms Ammunition nor Mony but had good Assurances of large Supplies from the Queen and Prince by Sir William Fleeming and the Prince though much disswaded by these who were both Enemies to the Scotish Nation in General and the Duke in particular continued still firm to his first Resolutions of going to them when all things were brought to that Posture that it were fit for him to hazard himself amongst them and therefore in the middle of Iune Sir William Fleeming was dispatched again from his Highness to Scotland with the following Letter directed For the Lord Duke Hamilton and the Earls of Lindsay Roxburgh Lauderdale Lanerick and Calender My Lords YOu will receive by Sir William Fleeming who is amply instructed the full account of My Intentions and he is not more particularly charged with any thing than to let you know the sense I have of Your Affections yet I thought fit to reserve unto My Self the assuring you that as I conceive I am not capable of being more obliged than I have been by you so I shall be most exactly just in the discharge of my Acknowledgments when it shall please God to make My Condition fit for it In the mean time I have nothing to say but to desire you to be intirely confident of it and that I am most truly My Lords Your Affectionate Friend CHARLES P. Sir William Bellandin met with more Opposition in Holland for Judgments were passed on the Scotish Proceedings from their Declarations and all he could say was not able to take off those Impressions so that no good was expected from Scotland The States of Holland had no great inclination to the Kings Party and the Prince of Orange
was at that time much influenced by the Dukes Enemies yet Bellandin got many promises made him of a large supply of Mony and Ammunition Upon these Expectations the Earl of Lanerick was against a speedy March into England but much pressed by others but this was opposed by the Earl of Lauderdale who pressed a present Dispatch They were called upon so earnestly from their Friends in England that to linger still was to lose the Kings Party there for now the Kentish men were broken and some of them had passed over unto Essex where many rose with them and carried Colchester and made a good Body both of Horse and Foot but were not able to hold out long against the Army yet they gave them divers foils But that of the greatest Importance was that most of the Navy had declared for the King and desired a Correspondence with Scotland and Willoughby who was made Vice-Admiral by the Prince was a great Friend to the Scotish Nation The Earl of Inchequin also with his Army in Ireland had declared against the Parliament and sent to Scotland a very kind Message for a good Understanding with that Parliament and finally a part of the English Army being much sollicited by the Church-party in Scotland who complained that they were now exposed by them to Ruin was coming North-ward under the Command of Lambert and Langdale had written to them that he could not be able to stand long before Lambert if he were not speedily relieved and that Carlisle also would be in great hazard neither was the hazard only the loss of Carlisle of which they made less account but the Army which was with Langdale whose Wives and Children were in Carlisle did threaten to leave him and Capitulate if that Place were not preserved Besides all this they at Westminster to temper the general Hatred against them had called back the Secluded Members of both Houses and were Levying new Forces and had Voted a Personal Treaty with the King at which time also one Osburn avouched that there were Designs against the Kings Person and that himself had been sollicited to assist in the poysoning him All these Considerations were pressing and could admit of no delays wherefore Lauderdale insisted for a present March and that the Dukes Carriage might shew it was the Kings Service and not a Faction he was designing nor Resentments against these who withstood him in Scotland for so did Lauderdale mistake Lanerick's advice for curbing of the Church-party and punishing their Leaders The Duke saw great reason on both sides and is resolved on and though his own Judgment went along with his Brothers Advice knowing well it was easie for him to have forced all Scotland very soon into a Compliance with their Design which being once done he could have marched into England upon greater advantages and with a far better Army yet he was content to be over-ruled believing that if they were prosperous in England upon which depended all their hopes it would be no great Work to Master any Opposition might be made in Scotland And thus did the unripened forwardness of those in England force the Duke on a fatal Precipitation of Counsels The resolution was taken and a General Rendezvous appointed to be at Annan near the Borders of England on the 4th of Iuly All this while my Lord Lanerick had not forgotten the Kings Commands about the Marquis of Huntley but the ill Opinion the Church-men had of them was such that to have proceeded roundly in that matter would have given greater grounds of Jealousie to that Party therefore the Iunto sent him word to the Castle of Edinburgh where he was then Prisoner that though at that time it was not fit to set him at liberty by an Order yet they were willing he should make his Escape and they offered their Assistance for conveying him safe away But he said he was brought thither by Order and he would not steal out as a Thief and from this fatal stiffness they could not get him removed yet they resolved to liberate him openly when they should be better able to avow their Actions The Opposition the Church-men made to the Raising of the Army An Insurrectâ—on at Mauchlin did still retard the Levies and discourage the Souldiers though the Officers were generally resolute Some Forces were sent West-ward under the Command of Sir Iames Turner to keep that Country quiet who found a little Authority vigorously managed did quickly tame some of the most unruly But at Mauchlin there was a great Gathering under the Colour of an Assembly to a Solemn Communion and many went thither Armed pretending hazard from the danger of that time Turner got notice that an Insurrection was designed there and advertised the Duke of it who ordered Turner not to stir till the Earls of Calander and Middleton should come to assist him who came to Pasely on the Saturndy before that Communion they drew out the Forces that lay there consisting of two Regiments of Foot and fourteen Troops of Horse and marched to Steuarton where the Earl of Glenâ—airn and others of the Nobility met them Some advised a March of the whole Forces others thought a few Troops were sufficient for dispersing that Multitude whereupon Middleton was commanded out with six Troops who found them near two thousand strong Horse and Foot but being ill-commanded they were soon disordered Middleton and Hurry gave the Charge and were briskly encountered so that they were made to retreat with the loss of some men and both Middleton and Hurry got slight Wounds but the Party that had given them this rude Shock having cleared a way for themselves made their Retreat The report of this Disorder was brought hot to Calender who leaving the Foot at Kilmarnock went with the eight Troops he had with him to assist Middleton but upon his appearing all run away The Horse were not pursued sixty Foot Souldiers were taken and five Officers and some Ministers who were all dismissed only the Officers were condemned to dye by a Council of War but were afterwards pardoned by Calander Some Forces were sent towards the Borders After this before a General Rendezvous was possible the Duke for animating those of Carlisle who began to be sore put to it sent Collonel Lockhart with some Regiments of Horse to lye at Annan and Collonel Turner with five or six Regiments of Foot to lye at Dumfrice hoping thereby to hinder Lambert from coming near Carlisle wherein his expectation did not fail him for no sooner came Lockhart to Annan but Lambert drew his Troops nearer and Sir Marmaduke Langdale got air a while for Provision both for his Men and Horses and against the day appointed the General came from Edinburgh to Annan with Calander Middleton and Baylie and several Regiments of Horse and Foot The Army enters England Turner also came to him from Dumfrice with the Regiments that lay there and some Ammunition and abundance of Meal
being a necessity of searching divers Records for Precedents which required a competent time as had been allowed in former cases but the Court refused to promise it only they said they would take it into their consideration The Counsel insisted and said plainly they declined the Imployment on those terms and would be forced to declare it Monday the 26th the other two Officers that had signed the Capitulation for the Duke and his Troops The ninth Appearance who had been sent for a great way off were examined who agreed with the former Witnesses in matters of Fact and also with Lilburn that by signing the Articles they only meant the Duke should be preserved from the Violence of the Souldiers and not from the Justice of the Parliament Then the Counsel began to Plead and all four spoke on the several Heads of the Plea Mr. Heron spoke cursorily and elegantly but not very materially Mr. Parsons a young man spoke boldly and to good purpose Mr. Chute the Civilian spoke learnedly and home and Mr. Hales since the much-renowned Lord Chief Justice of the Kings Bench elaborately and at length The Heads of their Arguments follow The Duke's Counsel at Law plead for him The Duke being as was granted a born Scotch-man his Tie of obligation and subjection to that Kingdom was indispensable and indissoluble so that his late Imployment could not be refused when laid on him by the Authority of that Kingdom no more than a Native of England living in it can disobey the Commands of this Parliament whereas any Subjection the Duke owed the Parliament of England was only acquired and dispensable That since no man can be a Subject of two Kingdoms whatever Tye lay on him to the Kingdom of England it was not to be put in Competition with what he owed Scotland it being a Maxim in Law that Major relatio trahit ad se minorem and that Ius Originis nemo mutare potest That there was an Allegeance due to the King and another to the Kingdom and no Treason could be without a Breach of Faith and Allegeance due to them against whom it was committed for these Kingdoms were two distinct Kingdoms and though the Allegeance due to the King was the same in both Kingdoms yet that due to the Kingdoms was distinct nor was the Actual administration of the Kingdoms in the Kings Person when the Duke got his Imployment therefore as his Allegeance to the Kingdom of Scotland was ancienter and stronger than any Tie that lay on him in England so what he did by their Order might well make him an Enemy to this Kingdom but could not infer Treason Yet all this of the Allegeance due to the Kingdom was founded on no Common or Statute Law as Mr. Hales himself confessed afterwards but he urged this well against those who asserted it it being the universally received Maxim at that time That whether he was a Post-natus or Ante-natus did not appear but though he were it did not vary the Case nor his obligation to the place of his Nativity and so though he were Post-natus or accounted a Denizen by his Fathers Naturalization his Offence could not be Treason but Hostility at most and by that supposed Hostility he could only lose his Priviledge of a Denizen but could not be made a Traitor there being no Precedent where ever any man was attainted of Treason for a hostile Invasion and it was questionable if this Offence could amount to that nor could any case be alledged where one born in another Independent Kingdome acting by a Commission from that Kingdom and residing there when he received his Commission and raising the Body of his Army in that Kingdom and coming into this in an Open Hostile manner was ever judged guilty of Treason Naturalization was intended to be a Benefit and not a Snare so that one might well lose it but was not to be punished for it And so when France and England were under one Soveraign divers of both Nations were naturalized in the other yet when Hostility broke out betwixt them many so naturalized fought on the side of their Native Kingdom for which none were put to death though divers were taken Prisoners And in Edward the third's time though he claimed France as his by Right yet when the Constable of France invaded England and was taken Prisoner he was not tried nor put to death but sent back to France as being a Native of that Kingdom And when David Bruce King of Scotland invaded this Kingdom and was taken Prisoner great endeavours were used to find a Legal ground for his Trial he being Earl of Huntington in England but this Plea was waved for it was found that it could not be done justly that being but a less degree of Honour though King Edward claimed a kind of Homage from the Crown of Scotland That if the Duke were on that account put to death it might prove of sad consequence in case there was War any more betwixt the Kingdoms since most of the present Generation were Post-nati and all would be so quickly and yet if the Lord Fairfax who was both a Post-natus and had his Honour in Scotland were commanded to lead an Army thither and being taken were put to death it would be thought hard measure For the Duke's Father's Naturalization it was true by the Statute of the 25 Ed. 3. provision was made that Children born without the Kingdom whose Parents were then in the King's Allegeance should be Denizens but the Duke was born before his Father's Naturalization which can never reach him none but the Issue after his Father's Naturalization being included within it and the word Haeres in the Act is only a word of Limitation and not of Creation nor did his making use of the assistance of some English Forces make him a Traytor It is true if an Englishman conduct a Foreign Army or if a Foreigner come of his own head or in a Rebellious way to assist an English Rebellion it will amount to Treason for the Act of such an Alien is denominated from the crime of those he assist here where he owed a local Obedience which was the Case of Shirley the Frenchman and of Lopez but if an Alien come with a Foreign Force though he make use of English Auxiliaries that only infers a Hostility but no Treason and was the case of the Lord Harris a Scotchman 15 Eliz. and of Perkin Warbeck both having English help and though Warbeck was put to death it was by no Civil Judicatory but only by the Will of Henry the 7th who erected a Court-Marshall for that purpose The present case was yet clearer where the Alien had Authority from his Native Kingdom and was commanded by them to make use of English help so that though Langdale's assisting the Duke did make himself a Traytor yet the Duke's accepting of it only infers an Act of Hostility And whereas it was objected that the Parliament had already by
that the Duke was suffered to return to Scotland with the King But at His Majesties Landing one appointed by the Parliament to put him from the King required him to withdraw and when the King pressed the Commissioners with the Articles of their Treaty they said they could not oppose an Order of Parliament The King was much offended with this and was inclining to resent it both as an unworthy Usage and as a Breach of Treaty but the Duke told him that at that time Argyle was the person who was most able to render him considerable Service in Scotland therefore though he knew he designed nothing so much as his Ruin yet he advised His Majesty to use all possible means to gain him absolutely to his Party and to neglect himself as much as Argyle desired and not at all to seem much concerned in him adding that he knew when His Majesties Affairs were in a better posture he would not forget his faithful Servants This particular His Sacred Majesty vouchsafed to tell the Writer It was in vain for him to claim either the benefit of the Treaty at Sterlin or Breda Interest and Jealousy prevailing more with these who then ruled than any other Tie so the Duke was forced to retire to the Isle of Arran And goes to Arran where he stayed till the end of Ianuary 1651 nor could his Petitions with the Intercessions of his Friends prevail for allowing him the liberty of coming to fight for his King and Country so that he was forced to stay at Arran till the best half of Scotland was lost Cromwell enters Scotland But God who had suffered the Church-party to prevail long did blast their Force and Success at once for Cromwel upon the Parliament of Scotland's bringing home their King entred it with his Army The Church-party as they had no mind to invade England on the Kings account so were very careful to declare that their Arming against Cromwel was not on the Kings account which they excluded from the state of the Quarrel by an Act of their Committee and declared that they stood only to their own Defence against that Hostile Invasion which was contrary to their Covenant and Treaties They were also very careful to model their Army so that neither Malignant nor Engager that had been of the Kings Party should serve in it for though when His Majesty came to their Army at Leith the Souldiers were much animated by his Presence and with the coming of two thousand brave Gentlemen with him to the Army yet the Leaders of that Party pretended that since the Malignants were in their Army God would be provoked to give them up to the Enemy and therefore forced the King to leave the Army They also forced away all those Gentlemen who came and offered their Service I shall not pursue this account further but only add that notwithstanding all their Confidence of their Army and though they had the Enemy at great disadvantages so that he and all his Officers gavethemselves for gone yet they were with very little Opposition broken and routed near Dunbar on the third of September 1650 Dunbar-Fight and even those who two years before had insulted over the Misfortunes of the Engagement were now themselves taught how ill an Argument Success was to evince the Goodness of a Cause The King is better used in Scotland This procured a great change in the Counsels of Scotland for by that time the honester and better part of the Clergy were by the Murther of the King and the other Proceedings in England filled with distast and horrour at them and began to think how defective they had hitherto been in their Duty to the King and therefore resolved to adhere more faithfully to it in all time coming Others of the Church-party did also see that as Cromwel was setting up a Common-wealth in England so they found many of the forwarder amongst themselves very much inclined to it in Scotland This divided them from the other violent Party made them joyn more cordially with the King and be willing to receive his other faithful Servants to oppose the Common Enemy therefore it was brought under debate if the Act of Classes that excluded them from Trust should not be rescinded and all Subjects allowed to enjoy their Priviledges and suffered to resist the Common Enemy after long debate it was carried in the Affirmative yet none vvere to be received but upon particular Applications and Professions of Repentance The Church-party divided The Commission of the Kirk being also asked their Opinions declared that in such an Exigency vvhen the Enemy vvas Master of all on the South of Forth and Clide all fensible persons might be raised for the Defence of the Country This vvas called the Resolution of the Commission of the General Assembly and was ratified by the subsequent General Assembly But against this many Ministers protested and from thence arose great Heats and Divisions among those of the Kirkmen who owned the Publick Resolutions An. 1652. and those who Protested against them the one being called the Publick-Resolutioners and the other Protesters And now all Churches were full of pretended Penitents for every one that offered his Service to the King was received upon the Publick profession of his Repentance for his former Malignancy wherein all saw they were only doing it in compliance to the peremptory Humour of that time It was about the end of Ianuary that the Duke was suffered to come and wait on the King The Duke is suffered to wait on the King but at that time Cliddisdale with the other Places where his Interest lay were in the Enemies hands who had put Garrisons in Hamilton Douglas Carnwath Boghall and other Houses of that Country Yet the Duke got quickly about him a brave Troop of about an hundred Horse made up of many Noblemen and Gentlemen who rode in it among whom were divers Earls and Lords whose Lands being also possessed by the Enemy they could do no more but hazard their own Persons in his Majesties Service the rest were his Vassals and Gentlemen of his Name and they were commanded under him by a gallant Gentleman Sir Thomas Hamilton of Preston whom he sent with 18 Horse to Cliddisdale to try if the Enemy could be catched at any disadvantage and the People of the Country raised for the King The Enemy kept so good Guards and was so strong at Hamilton that he could not fall in there therefore he went to Douglas where he took about 80 Horse that belonged to the Garrison but could not surprize the House for it was too strong to be taken without Cannon He likewise took all the Horse that belonged to the Garrison at Boghall and killed twenty Souldiers This made the Enemy keep closer at Hamilton upon which the Duke resolved to raise ten Troops of Horse and appointed Sir Thomas Hamilton Lieutenant-Collonel but the Enemies Garrisons gave great interruptions to his
Designs At that time the Enemy landed at Innerkeething in Fife The King marches to England and the great Loss the King had there did both raise the Enemies boldness and much daunt his faithful Friends for now Cromwell was betwixt His Majesty and the Northern Counties of Scotland which were both most affectionate to his Service and from whence he was to expect Provisions and Supplies so that it was not possible for the King to maintain the War any longer in Scotland and therefore he resolved on a March to England being put in hopes of great Accessions of force to his Army from the Royal Party there and this gave a trial to the Fidelity and Courage of many of the Scotish Nation but too many looking on the Attempt as desperate being more careful of their Lives and Fortunes than to hazard either in the King's Service shrunk away though divers of them had Charges in the Army Against these base Deserters of their King and Country the Duke was moved with such just Indignation that he vowed if ever he returned with Life and Liberty he should make these in whom he had interest answer for it But the Duke's thoughts of this March and his sad apprehensions of the whole Business will appear from the following Letter he wrote to his Neece that succeeded him Dear Neece INdeed I know not what to say to you I would fain say something more encouraging than my last was but I cannot lie our Condition is no better and since that time we have a thousand men I fear twice that number run from our Army Since the Enemy shuns Fighting with us except upon advantage we must either starve disband or go with a handful of Men into England This last seems to be the least Ill yet it appears very desperate to me for more reasons than I will trouble you with I fear your own Reason will afford you too many Dear Neece it is not your Courage I will desire you to make use of in this Extremity look for Strength to bear it from a higher Power all your Natural Virtues will not resist it therefore look to him who hath in former times assisted you to resist a great Affliction and can do it again if you seek to him aright you have already lost so much that all other Earthly Losses were drowned in that Those you meet with now are Christian Exercises wherewith oftimes the Lord visits his own to wean their Affections from things here below that we may place them upon himself in whom we have all things and if we could as we ought set our Hearts upon him we should find our selves very little concerned in most things which bring us greatest Trouble here on Earth where we are but for a minute in our way to Eternity O consider that word Eternity and you will find we struggle here for that that 's even less than nothing why trouble we our selves for Earthly Losses for when we have lost all we have there are thousands as dear to God as we as poor as we We are rich though we lose the whole World if we gain him let us set before our eyes the example of those who to give testimony to the Truth rejoyced to lay down their Lives nay let us with humble presumption follow the Pattern of our Blessed Saviour who for our sakes suffered more than man can think on the burthen of all our Sins and the Wrath of his Father and shall we then repine to lay down our Lives for him when he calls for it from us to give us a nearer admittance to him than we can hope for while we are clog'd with our Clay-Tenements Dear Neece I should never be weary to talk with you though this be a Subject I confess I cannot speak of well but even that Happiness is bereft me by the importunity of a Crowd of Persons that are now in the Room with me grudging the time I take in telling you that while I am I am Yours c. Sterlin 28th July 1651. The Duke waited on the King in the whole March and gave Order that the Troops which he had levyed should follow with all possible haste Seven of them came up and joyned the Army at Moffet but the interruptions the Enemy gave made that the rest could not be raised nor were these Troops full The Duke welcomed them with great affection and assured them they should be as dear to him as his own Life and that if God blessed the King with Success he should be very careful to see them rewarded as they should deserve but seeing they made in all but betwixt two and three hundred he feared too many Standards would make them look like the remains of a broken Army and therefore he set up only his own Standard and so turned his small Regiment into a great Troop and marched on with the Army When the Army came to Warington-Bridge An. 1651. and beat Lambert from it the Duke Commanded the Brigade where his Horse were that was in the Reer of the Foot Lambert is beat from Warington-bridge but that and the other Brigade of Horse being commanded to halt he sent his Major to the Lieutenant-General for Orders to March that the Enemy might be vigorously pursued but the Lieutenant-General would have the Foot led over first and so that occasion was lost which he with many others did infinitely greater with great demonstrations of Grief Then it was debated which way the King should hold the Duke pressed that they should March streight to London which was the desire of the whole Army and that which Lambert apprehended for in his Retreat he took the London-Road There were also many other reasons used to enforce it but the English Nobility and Gentry who were in the Army and the Earl of Derby who with many Gentlemen came to the Army that night gave many reasons against that March The Duke seeing them so much against it though his Reason could not go along with theirs yet that he might not oppose so many brave and LoyalGentlemen went out of the Kings Tent for he would not by his Presence seem to consent to that which he apprehended would prejudice the Kings Service but was so far from disparaging the other Counsels and enhancing the value of his own that he went and laboured with all the Officers of the Army to engage them to a cheerful Concurrence in the Resolutions that were taken and studied even to perswade them to assent to that which had not yet prevailed on his own Reason The Resolution being taken to go to Worcester and storm it The King entered Worcester the Army marched and when they came near the Town some Horse and Dragoons which were sent thither by Lambert two days before retired to Glocester and the King entred Worcester with two Bodies of Foot the rest Marched through the Town over the Severn The day after the King came to Worcester the Duke with many
to the Queen about it ibid. They take leave and come home p. 216. The King sends his Friends to Scotland p. 217. The Queen writes to the Marq. ibid. They agree in Scotland to summon a Convention of Estates p. 218. And write to the King about it ibid. The Kings Instructions to the Marq. and others p. 219. The Kings Declaration about the War in England p. 221. The Marq. is made a Duke p. 224. Some of the Kings Party accused as Incendiaries ibid. Lanerick gives the King an account of Affairs p. 225. The Kings Friends consult what to do p. 226. And send a Message to the King ibid. The Duke writes of the great danger he saw things in to Mr. Jermin p. 227. And to the Queen p. 228. The Queens Answer p. 229. He writes again to Her ibid. The Kings Letter forbidding the Convention p. 230. He writes to Lanerick ibid. Another Letter by the Earl of Lindsay p. 231. The King's Letter to the Convention p. 232. Means used for the Kings Service p. 233. The Convention sits ibid. After much debate they vote themselves a free Convention ibid. The Duke leaves them p. 234. Great Iealousies and Divisions among the Kings Party ibid. The General Assembly sits p. 235. Commissioners come from England ibid. The Arguments that prevailed to make a League with them ibid. The Solemn League and Covenant p. 237. The Censures that passed upon it p. 239. The King and Queen write kindly to the Duke ibid. The Kings Letter to his good Subjects in Scotland p. 241. The Kings Friends send Propositions to the King p. 242. The heads of the Treaty between Scotland and England ibid. The Kings Letter to the Conservatours p. 243. His Letter to the Council p. 244. His Letter to Lanerick p. 245. His Letter about a Proclamation p. 246. His Letter to Lanerick about that ibid. He writes with great confidence to the Duke p. 247. The Kings Affairs in Scotland decline ibid. A Message sent up by Traquair p. 248. All are commanded to take the Covenant p. 249. The Duke's endeavours for the Kings Service ibid. A meeting of the Kings Friends p. 250. They part without doing any thing ibid. The Committee sends out severe Orders against such as took not the Covenant ib. The Duke ill-represented at Court ibid. He goes to Court p. 251. and is made Prisoner ibid. He sees the Charge given against him and Answers it p. 252. Charge against the Duke Article first p. 253. A General Answer ibid. Answer to the first Article p. 254. The second Article ibid. The Answer to it p. 255. The third Article ibid. The Answer to it p. 256. The fourth Article p. 257. The Answer to it p. 258. The fifth Article p. 260. The Answer to it ibid. The sixth Article p. 261. The Answer to it ibid. The seventh Article ibid. The Answer to it p. 264. The eighth Article p. 267. The Answer to it p. 268. Laner presses for a present Trial p. 269. But could not obtain it p. 270. He makes his Escape ibid. And draws a Party for the K. in Scotl. ib. The Duke is hardly used ibid. And continues a Prisoner p. 271. He is set at liberty p. 272. Lib. 5. Of the Dukes and his Brother's Imployments after his Enlargement till the Year 1648. THe Kings Affairs grow desperate p. 273. The Duke resolves to retire ibid. The K. goes to the Scotish Army p. 274. Commissioners are sent to him from Scotland ibid. They press him to settle matters ibid. The K. complains of ill usage ibid. The Army petition him about the Covenant p. 275. The King proposes a Treaty ibid. An Account of Montrose's Affairs ibid. The King recalls his Commission p. 277. The K. is much pressed to take the Covenant ibid. The King scruples ibid. His Conference with Mr. Henderson ib. Debates about the Propositions to the King p. 278. The Papers given in by the Scotish Commissioners about them ibid. The Propositions are agreed to p. 279. The heads of them ibid. The Duke is well received by the K. ibid. The K. employs him to preserve Montrose p. 280. He does it ibid. The King is much pressed to grant the Propositions p. 281. But resolves to adhere to his Conscience ibid. His first thoughts of the Propositions ibid. His denying them much resented p. 283. The Scotish Commissioners serve him ibid. The K. sends Argyle to London ibid. The Dukes endeavours in Scotl. p. 284. He is much opposed by the Ministers ib. The Duke and others sent to deal with the King for his granting the Propositions p. 285. The Kings Answer to them ibid. Another Paper of the Kings to the same purpose p. 286. The Duke resolves to go beyond Sea p. 288. The Independents cajole the King ibid. But Lauderdale disabuses him ibid. The Duke obtains the Kings leave to retire p. 289. The Kings Letter recalls that ibid. The Queen writes to him p. 291. The Dukes Letter to the King ibid. The Kings Letter to Lanerick p. 292. And to the Duke p. 293. The Scot. Commis serve the King at London ibid. Conferences between the Two Houses and them p. 294. A Parliament in Scotland ibid. Huntley is in Arms p. 295. The King writes about it ibid. And about Traquair p. 296. The Consultations in Scotland ibid. Two Letters of the Kings p. 297. The Kings Letter about the Propositions p. 298. His Answer to them p. 299. Lanerick's Letter to the King about it p. 302. The Kings Answer to him p. 303. Two other Letters of the Kings p. 305. An Account of the Resolutions in Scotland p. 306. Which the Duke and Lanerick oppose but in vain p. 307. Lanerick writes to the King p. 308. Resolutions taken about the Kings Person p. 309. The Scotish Commissioners leave London ibid. An. 1647. Commissioners sent to the King from Scotland p. 310. Who deliver to him the Votes of Parl. ibid. In Scotland they resolve to deliver up the King p. 311. The Duke and Lanerick oppose it much ibid. But in vain ibid. It is variously censured p. 312. The Kings Letter to the Duke p. 313. The Duke and Laner begin a new design for the King ibid. New Disorders in England p. 314. The Earl of Lauderdale is sent to London ibid. The Army revolts ibid. And take the K. from Holmby ibid. They use him civilly p. 315. The K. writes to Lanerick ibid. Lanerick's Answer ibid. Two Letters of the Kings to Lanerick p. 316. Lanerick's Answer p. 317. Another Letter of the Kings p. 318. The Army forces the Parliament ibid. Lauderdale is ill used by them p. 310. This is resented in Scotland ibid. But many are intractable ibid. Instructions sent by Mr. Lesley p. 320. The Kings Answer p. 321. The King is abused by the Army ibid. Lanerick's Letter about the delay of his coming to wait on the King ibid. The Kings Answer to it p. 322. The Scotish Commissioners come to the King p. 323. They intend to rescue him p. 324.
The King consults with them ibid. He goes to the Isle of Wight ibid. And writes to Lanerick p. 325. The Scotish Commissioners write to him p. 326. The Kings Answer to Lanerick ibid. The four Bills are passed p. 327. The Scotish Commissioners protest against them ibid. And write to the King about them ibid. The King is well-pleased with their Papers p. 328. They write again to him ibid. Another Letter to the King p. 329. The Kings Answer to them ibid. Designs against the Kings Person p. 330. Traquair is well with the King p. 331. The Scotish Commissioners advise the King p. 332. The King sends for them ibid. The Kings care of Huntley p. 333. The Queen writes to Lanerick p. 334. The Scotish Commissioners agree with the King ibid. The King is made Prisoner ibid. Lib. 6. Of the Duke's Engagement for the Kings Preservation and what followed to his Death THe Duke's endeavours in Scotland p. 335. Three Parties in Scotland p. 336. The Commissioners return ibid. The Church-men are jealous of them p. 337. The King writes to them ibid. Their Answer ibid. Lowdon forsakes them p. 338. The Duke is designed General ibid. The Parliament sits ibid. Commissioners from England ibid. The Remonstrance of the Ministers p. 339. The King writes to the Lords p. 340. Their Answers to him ibid. and p. 342. Satisfaction offered to the Ministers ib. Lanerick's Letters about their Affairs ibid. And about their Demands to the Two Houses ibid. And about the Declaration p. 343. And putting the Kingdom into a posture of War ibid. And the modelling their Army p. 344. The Prince resolves to come to Scotland ibid. The King designs an Escape ibid. Great disorders in England p. 345. Letters to the Queen and Prince p. 346. And to the King about the Officers of the Army ibid. The Ministers oppose the Engagement p. 348. The Parl. Letter to the Presbyteries ib. The Parl. sends for the Scotish Army in Ireland p. 349. The Confusions in England p. 350. A Fast at Westminster ibid. The Parl. of Scotl. adjourned p. 351. Some are against a present March ibid. A Letter of the Prince's ibid. Others press a speedy March p. 352. And it is resolved on p. 353. An Insurrection at Mauchlin ibid. Some Troops are sent to the Borders p. 354. The whole Army enters England ibid. The Chief Officers of it ibid. Calander's Character ibid. The Condition of the Army p. 355. An Account of their March ibid. Lambert retires ibid. A Letter from Langdale ibid. The Army marches into Lancashire p. 357. The Scotish Army comes out of Ireland ibid. The Cavalry leave the Foot p. 358. Preston-Fight ibid. Middleton's Gallantry p. 361. At Warrington-Bridge the Foot Capitulate ibid. The Horse come to Utoxater p. 362. A Munity ibid. They treat with Lambert p. 363. The Articles are signed p. 364. L. Gray of Groby comes up ib. The Duke is made Prisoner p. 365. And examined but discovers nothing ibid. The Engagement variously censured ib. Lauderdale was sent to bring the Prince to Scotland p. 366. The Prince intended to go ibid. But the loss of the Army stopt him p. 367. An Insurrection in Scotland ibid. Many in the Committee of Estates incline to submit to them ibid. But Lanerick opposed that long p. 368. An Account of the Irish Army ibid. They are called back to Scotland p. 369. And joyn with the Committee of Estates p. 370. And defeat Argyle at Sterlin p. 371. A Treaty is carried on ibid. Cromwel is invited to Scotland p. 372. Different opinions about the Treaty ib. Articles offered for a Treaty p. 373. The Answer sent to these Offers p. 374. The Treaty is concluded p. 375. But not at all kept ibid. Instructions sent to the Two Houses ibid. Lanerick goes out of Scotl. p. 377. His Letter to the Chancellour ibid. The Duke is brought to Windsor p. 379. Oft examined but in vain ibid. The King is murthered ibid. Majesty in Misery in a Copy of Verses written by the King p. 381. The Duke escapes out of Windsor p. 384. But is taken in Southwark ibid. And kept in St. James's ibid. Argyle refused to interceed for him p. 385. He is brought to his Trial ibid. The Inditement against him ibid. The Duke's Plea ibid. The second Appearance p. 386. The third Appearance ibid. The fourth Appearance ibid. The fifth Appearance Witnesses examined p. 387. The Duke pleaded the Articles given him p. 388. The sixth Appearance more Witnesses p. 389. The seventh Appearance more Evidence led ibid. The eighth Appearance the Duke pleads for himself at great length p. 390. The ninth Appearance his Counsel plead p. 392. The tenth Appearance the Counsel for the People plead against him p. 394. The eleventh Appearance Bradshaw's Speech p. 396. Sentence is given against him ibid. The Duke prepares for Death ibid. And writes to his Brother p. 397. And to his Children ibid. His Speech before his Death p. 398. He is led out to his Execution p. 400. And writes a note to his Brother ibid. New Offers of Life made upon base Conditions and rejected by him p. 401. D. Sibbald encourages him on the Scaffold ibid. The Duke's last Speech p. 402. And Prayer p. 404. His Death ibid. And Burial p. 405. His Character p. 406. His Birth and Parents ibid. His Person ibid. His Education ibid. His Marriage ibid. His Lady's Vertues p. 407. and Death ibid. His Religion ibid. His Abilities p. 409. His Loyalty ibid. His love to his Country p. 411. His Temperance ibid. His Ingenuity p. 412. His Good Nature p. 413. His Death much lamented p. 414. A Letter of the Queens p. 415. Another of the Kings ibid. Lib. 7. A Continuation of Affairs till Worcester-Fight THe Character of William Duke of Hamilton p. 417. His first Appearance at Court p. 418. He is made Secretary of State and Earl of Lanerick ibid. The Friendship between his Brother and him ibid. His Diligence in his Imployment p. 419. His Abilities ibid. His Religion ibid. His troubles prove happy to him p. 420. His care of his Brothers Daughters ibid. His Duty to the King p. 421. He was ill used by his Enemies p. 422. He advises the King to settle with Scotland ibid. The Treaty at Breda ibid. The Duke returns with the King p. 423. But is put from the King ibid. And lives in the Isle of Arran ibid. Cromwel enters Scotland p. 424. Dunbar-Fight ibid. The King is better used in Scotland ibid. The Church-party divided ibid. The Duke comes to the King p. 425. The King marches into England ibid. The Duke's Letter about their March p. 426. Lambert is beat from Warrington-Bridge p. 427. The K. comes to Worcester ibid. Cromwel follows â—im ibid. The King is in great straits p. 428. The Duke apprehends his own Death ibid. And prepares for it ibid. His Meditations before the Fight ibid. And Prayer p. 429. Worcester-Fight p. 430. The Duke's Regiment câ—arged gallantly ibid. The Duke 's great Valour ibid. He is wounded and taken p. 431. His wounds prove mortal ibid. His Letter to his Lady ibid. His Death p. 432. And Burial ibid. His last Will p. 433. A Leâ—ter with it to his Lady p. 434. The Conclusion p. 436. A Rational Method for proving the Truth of the Christian Religion as it is professed in the Church of England in Octavo The Royal Martyr and the Dutiful Subject in two Sermons Quarto both Written by Gilbert Burnet Author of Duke Hamilton 's Memoires and Printed for R. Royston Several Chirurgical Treatises by Rich. Wiseman Sergeant-Chirurgion to His Majesty Fol. New THE END
THE MEMOIRES OF THE LIVES and ACTIONS OF Iames and William DUKES OF HAMILTON and CASTLEHERALD c. In which an Account is given of the Rise and Progress of the CIVIL WARS of SCOTLAND With other great Transactions both in England and Germany from the Year 1625 to the Year 1652. Together with many LETTERS INSTRUCTIONS and other PAPERS Written by King Charles the I. Never before Published All drawn out of or Copied from the Originals By GILBERT BVRNET In Seven Books LONDON Printed by I. Grover for R. Royston Bookseller to the Kings Most Excellent Majesty MDCLXXVII To the King May it please Your Sacred Majesty THE following History being a Relation of Your Royal Fathers Counsels and Affairs in Scotland I hope for an easy Pardon of my Presumption in offering it to Your Majesty Your Concern in a Work that relates so much to the King Your Blessed Father moved You to look on it and read some parts of it and after You had honoured it with a Character too advantageous for me to repeat You were Graciously pleased to allow me Your Royal Licence not only to Publish it but to Address it to Your Self and therefore I hope Your Majesty will favourably Accept this tribute of my Duty which with an humble Devotion I lay down at Your Feet My Zeal for Your Majesties Honour and Service engaged me first in this Work and the same Passion which I derived from my Education and still governs my Heart and Life makes me now Publish it For nothing does more clear the Prospect of what is before us than a strict Review of what is past which I have laboured to make with all possible Fidelity and Diligence I know I shall not escape Censures since few can bear a true and free History but as I have set down nothing for which I have not Authentick Vouchers so I have observed Your Majesties Acts of Oblivion and Indempnity as much as could consist with the Laws of History and have avoided the naming of Persons upon Ingrateful Occasions But no Precaution can secure one from severe Challenges that writes so near those Times while many Persons concerned are yet alive yet if Your Majesty continues to honour these Memoires with Your Royal Approbation I shall easily bear them SIR You have here a true Account of the Services and Sufferings of two of Your Subjects who dedicated themselves to Your Majesties Interests and became Sacrifices for them The Elder of these Brothers had not the honour of being known to Your Majesty yet he lost his life in Your Reign The Younger survived as long as he could serve Your Majesty but when he saw his Life like to be unprofitable to Your Service it became uneasy to himself which made him so prodigal of it in Your own sight And Your Majesty does his Memory the Honour of remembring him still with the highest expressions of Esteem and Acknowledgment which a King can bestow on a Subject They had that Unblemished Loyalty conveyed to them from their Ancestors as the Entail of their Family which has always payd an Uninterrupted Fidelity to the Crown and they have transmitted it as an Inheritance to those who have succeeded them who have already given great Demonstrations of most sincere and Loyal Duty to Your Majesty That God of his Infinite Mercy may preserve Your Majesty and bless you with Wise Counsels Obedient Subjects and Prosperous Undertakings and after a long and happy Reign on Earth may Crown You with an Incorruptible Crown of Glory is the daily Devotion of May it please your Sacred Majesty Your Majesties most faithful most humble and most loyal Subject and Servant Gilbert Burnet London the 21st of October 1673. CHARLES R. WHereas Gilbert Burnet one of Our Chaplains in Ordinary hath composed a Book entituled Memoires of the Lives and Actions of the Dukes of Hamilton which We have Seen and Approved and whereas he hath humbly desired Our Royal Licence for the Printing and Publishing of the samâ— We have thought fit to condescend unto that his Request and We do accordingly hereby Grant Our Royal Licence and Priviledg unto the said Gilbert Burnet his Heirs Executors Administrators and Assigns for the sole Printing and Publishing of the foresaid Book for the Term of fourteen Years to be computed from the day of its being first set forth And Our Will and Pleasure is and We do hereby Require and Command that during the said Term of Fourteen Years no Printer Publisher or other Person whatsoever Our Subjects do presume to Imprint or cause to be Imprinted without the knowledg and consent of him the said Gilbert Burnet his Heirs Executors Administrators or Assigns the foresaid Book in whole or in part or to Sell the same or to Import into Our Kingdom any Copies thereof Imprinted in Parts beyond the Seas upon pain of the Loss and Forfeiture of all Copies so Imprinted Sold or Imported contrary to the Tenour of this Our Royal Licence and of being further proceeded against as Offenders against the Act made in the Fourteenth Year of Our Reign entituled An Act for Regulating Printing and Printing-presses and suffering the Mulcts Penalties and Inflictions in the said Act particularly mentioned as the Cause shall require Given at Our Court at White-Hall the third day of November 1673. in the Five and Twentieth Year of Our Reign By His Majesties Command H. Coventry THE PREFACE HIstories are of all Books the most universally read the wiser find matter of great Speculation in them and improve their Knowledg by the Experience these give them and weaker Persons make them their Diversion and entertain Discourse with them But most Writers of History have been men that lived out of business who took many things upon trust and have committed many and palpable Errours in matters of Fact and either give no account at all of the secret Causes and Counsels of the greatest Transactions or when they do venture upon it it is all Romance and the effect of their Imagination or Interest And indeed the Authors of all the Histories that were written for near a thousand years together being for the most part Monks there is no great reason to think they were either well informed or ingenuous in what they delivered to Posterity though there is perhaps no Nation that is more beholding to their Labours than England is Of all men those who have been themselves engaged in Affairs are the fittest to write History as knowing best how matters were designed and carried on and being best able to judge what things are of that Importance to be made Publick and what were better suppressed And therefore Caesars Commentaries are the most Authentick and most generally valued pieces of History and in the next Form to these Philip de Comines Guicciardine Sleidan Thuanus and Davila are the best received and most read Histories only the last hath failed in some particulars for these men wrote of things in which they were considerable Actors and had
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
of his mind been stain'd with some ill qualities He had acquired some interest in Court by the service he did the Earl of Niddisdale in the matter of the Kings Revocation and the Commission of Surrenders which to explain were too long a digression here and needless to all who understand how the Rights of the Titles were at that time unsettled in Scotland His malice against the Marquis was hereditary he being the Son of Captain Iames Stewart who in King Iames his Minority when the Hamiltons were groundlesly and in a mock-Parliament attainted carried the Title of Earl of Arran and possessed their Fortunes Lord Reay upon what irritation I know not alledged to him that Mr. Ramsay had told him that the Marquises designs were not upon Germany but Britain and that when this Army was once gathered he purposed to pretend to the Crown of Scotland This lye was so ill told that it could take with none but those whose Judgments were blinded through malice for as that Army was very small and in no manner of capacity to prosecute such a design so it was made up of Scots and English and most of the Officers were persons of whom the Marquis had no acquaintance Reay alledged likewise the testimony of one Mr. Cleazar Borthwick Borthwick being a witness clears the Marquis to whom Mr. Meldrum should have communicated the same design but this testimony turned to his shame for that person who was of known integrity being brought from Germany and examined upon what Meldrum had said to him desired liberty to send his Deposition to the King sealed since the particulars were not fit to be publickly heard to which the King yielding he sent it The summe of it was that Meldrum had never communicated any such design to him that he had indeed spoken abominably of the King and Court but all was in his own name and that he brought no credence with him from the Marquis for his errand to the Swedish Court was onely to solicit the payment of some Arrears due to his Uncle who had served that Crown and he had no Employment from the Marquis onely he got from him Letters of recommendation for the dispatch of his business so that whatever he said was understood as his own sense and not as a message from the Marquis Reay also alledged the testimony of Lieutenant Colonel Lindsay for a great part of that he charged on Ramsay This Lindsay indeed was a brave Gentleman and Reay's Lieutenant Colonel but was killed two or three moneths before Reay met with Ochiltree at London He was in new Brandenburg with other Swedish Officers when Tilly took it in and all Reay's Regiment was cut to pieces except a very few which turned to his eternal disgrace who in such a hot time of Action left his Command to come over to England and forge lyes and after that Reay was in no esteem neither with Scots nor Swedes and irrecoverably lost himself in the K. of Swedens opinion But Reay kept himself from charging any thing on the Marquis fixing all he said on Ramsay which Caution was not observed by Ochiltree who drew a representation of the Marquis his interest in Scotland to shew what probabilities might be of such a design and reckoned up all his Kindred and Allyes by which he drew in most of the Nobility of Scotland and so fastned suspicions on them all a madness onely incident to those of Bedlam to which his malice drove him though he was no fool With this account of Reay's and his own he went to the Lord Weston Weston carries the Accusation to the King then Treasurer of England and personating great zeal for the safety of King and Kingdoms revealed this alledged Treason to him adding that it was probable all things being now ready to be put in execution that the Marquis upon his return to put things in the more fearful disorder might if admitted to wait in the Kings Bed-chamber murder him This was a Calumny than which Hell could not have forged a fouler for Lord Ochiltree judged that this would have infallibly produced one of two effects either raised such a Jealousie in the Kings thoughts as to have quite ruined the Marquis since few Princes are proof against such whispers or at least it would have stopt his voyage for a while till he were tried and the smallest delay in that would have scattered his Souldiers so that this design failing in which his Honour was now so far engaged a stain should lie on him through all Europe Lord Weston carried this Story to the King whether provoked to it out of hatred to the Marquis or moved from his zeal and duty to the King shall not be determined though the last was pretended by him and in many of his Letters to the Marquis when he was in Germany he expressed much friendship for him who gives it no good hearing But His Majesty knew the Marquis too well and understood all his motions and the progress of this Affair too exactly to give any credit to this Forgery and indeed he rejected listening to it in terms so full of affection for the Marquis as discovered he was incapable of any Jealousie either of him or any of his actions neither would he hearken to those who onely desired that upon his return he might not be admitted to his Presence at least not to lie in his Bed-chamber Within a very little while the Marquis came to Court utterly ignorant of the execrable designs of his Adversaries His Majesty welcomed him with an air of kindness beyond what he ordinarily gave him and drawing him apart immediately told him all that villainous story which had been whispered against him The Confusion this raised in his thoughts was unspeakable and opens the whole matter to the Marquis being amazed to find himself so horridly misrepresented knowing his heart to be full of duty and affection to his Soveraign he wondered how malice could be so impudent as at a time when he was hazarding Life Honour Friends and Fortune for the Kings Service to fasten such a devillish gloss on his actions but this surprize was overcome with a greater when he saw His Majesty with an unheard-of and truly Royal generosity express his confidence in him in such obliging terms as scarce to allow him to speak in his own Justification which seeming to insinuate he thought he needed to be vindicated the Marquis begged he might be presently tried and offered himself to restraint till he were cleared But His Majesty would not hear of that on the contrary commanded him to lie in the Bed-chamber that night and made him lie in the Bed-chamber that same night and he expressed his confidence and kindness for him in such a strain both of behaviour and discourse that the Marquis frequently said he looked on the kindness of that night as that which obliged him more than all the other publick testimonies of the Kings favour and
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
such Petitions wherein the Bishops were not designed as they ought to have been but were called either pretended Bishops or late Ministers of the Places where they served before their Promotion were rejected and some Signatures being offered in Exchequer wherein they were so designed Traquair took them and tore them to pieces Of all this the Covenanters complained as if Justice were denied but it was told them that if they went to force the Session it would be High Treason and that they would never yield to them But the four Covenanting Lords of the Session having passed Petitions wherein the Bishops were so called these were stopt at the Signet The Covenanters made also great Complaints to the Council of some persons who had written to England of their Designs to invade it of which they protested themselves innocent and craved liberty to pursue their Slanderers but that was laid aside only a Letter was written about it to the King Yet all at least most of the Council what through fear what through inclination went along with the Covenanters and such as stood firm to their Duty were forced to fly into England The Covenanters made sure work of all the Shires They become Masters of all Scotland onely in Tweddale Traquair resisted them a little and got their Meetings to be deserted for two or three Diets but that was all he could doe In Teviotdale the Earl of Roxburgh kept all right and begun to levy men as well as others but he was faintly followed The Marquis of Douglass was not able to doe His Majesty that Service his Illustrious Ancestours had done the former Kings for himself was a Papist and so not followed by the Friends and Dependers of that Noble Family so that all the Marquis could doe was to go and wait upon His Majesty and offer his House of Tentallon to be made use of as the King pleased But the Covenanters seized both it and his House of Douglass and thus all on the South of Tay was lost without stroke of Sword But in Angus the Earls of Airly and Southesk made more vigorous resistance to the Attempts of the Covenanters and were able to have made that Country good for the King but could not withstand the Force came upon them from other Places They all armed and Earl Airly stood out to the Pacification but Southesk was fitter for a Council than a Camp and seeing inevitable Ruine to follow since the Kings Preparations went on so slowly he struck sail and came to Edinburgh Huntley gave them more trouble for my Lord of Montrose and Kinghorn with some others coming to hold a Committee at Turreff in that County he gathered so many together and came so near them that they were forced to disperse themselves yet he kept up his Commission of Lieutenantry acting onely in the quality of a Peer and Councellour But they resolved since they could doe nothing against him with the men of that Shire to bring a Body from other Places to ruine him The want which pinched the Covenanters most at first was of good Officers and this made General Lesley who at that time had acquired much Fame in the Wars of Germany get an earnest Invitation sent him from the Earl of Rothes in the name of the Covenanteâ—s to come home to command their Forces upon which he did quit his Employment there and came to Scotland with many other Commanders He was chosen their General and undertook the Service with much Joy And this was the Posture and Preparations of Scotland which I draw from the Letters that are yet extant written to the Marquis from the Lords of Traquair Huntley Airly and Roxburgh Mean-while the King went on making all the haste with his Levies and Preparations that was possible in which none acted his part with more Fidelity and better Dispatch than the Earl of Northumberland who was Admiral and discharged what was committed to him so well that nothing was defective that concerned the Fleet. But the Marquis found the Hearts of many of the English Nobility both backward and cold and in particular he assured the King that he saw much Heartiness was not to be expected from some of the general Officers which the King apprehending The King emits his Declaration of the Reasons of the War trusted them as little as was possible About the middle of March the King published a Declaration of the Reasons of his Expedition against Scotland which was followed by a larger one commonly called the Large Declaration or Manifesto penned by Balcanqual and revised by His Majesty in which a full account was given of the rise and progress of the Combustions of Scotland of which no more shall be said it being so commonly known save that from the account hath been given it will appear how unjustly that Book was charged to be full of Lies and Calumnies The Covenanters begin the War The News of this coming to Scotland set all a-flaming whereupon they first sent in Papers and Letters through all England and to the Court vindicating themselves with high Protestations that they designed not the Invasion of England as had bâ—en misrepresented and therefore they expected no Hostility from thâ—m to whom they neither did nor intended hurt These Letters were said not to be ill-received even by some at Court who were in the highest Trust. The Covenanters also resolved to take the start of the King and so on the 23th of March General Lesley with some Companies went to the Castle of Edinburgh and petarded the Gates and set Ladders to the Walls and carried it no resistance being made from those within It is true much could not be made but that could not wipe off their stain who yielded that impregnable and important Place so faintly The occasion of their negligence was that a Gentlewoman of good Quality was sent in under pretence of visiting the Captain of the Castle to keep him in discourse she dined with him and engaged him to play at Cards so that they were about his ears before he was apprehensive of danger Dumbriton run the same fate it being surrendred by Sir William Stewart whose only excuse was that at his coming down the former year he found the whole Garrison Covenanters that he durst not turn them off nor take on new Souldiers without a powerful assistance and so finding them resolved both to deliver him and the Castle up he could do nothing alone besides that he was unprovided of every thing that was necessary for a Siege The next day after the Castle of Edinburgh was seized the Covenanters went to the Session to force the Lords to take the Covenantâ— but most of them refused it then they seized on the Privy-Seal aâ—d thought to have got the Great Seal which the Marquis had committed to the keeping of an honest Servant Mr. Iohn Hamilton by their endeavours to prevail with him for it but he refused to part with it except with his Life and so
of that Our Ancient Kingdom Our Will and Pleasure is that a Free General Assembly be kept at Edinburgh the sixth day of August next ensuing where We intend God willing to be personally present and for the Legal Indiction whereof We have given Orders and Command to Our Council and thereafter a Parliament to bâ— holden at Edinburgh the twentieth day of August next ensuing for ratifying of what shall be concluded in the said Assembly and settling such other things as may conduce to the Peace and Good of Our Native Kingdom and therein an Act of Oblivion to be passed And whereas We are further desired that Our Ships and Forces by Land be recalled and all Persons Goods and Ships be resâ—ored and they made safe from Invasion We are Graciously pleased to declare That upon their disarming and disbanding of their Forces dissolving and discharging all their pretended Tables and Conventicles and restoring unto Vs all Our Castles Forts and Ammunitions of all sorts as likewise Our Royal Honours and to every one of Our good Subjects their Liberties Lands Houses Goods and Means whatsoever taken and detained from them since the late pretended General Assembly We will presently thereafter recall Our Fleet and retire Our Land-Forces and cause Restitution to be made to all persons of their Ships and Goods detained or arrested since the aforesaid time whereby it may appear that Our Intention in taking up of Arms was no ways for invading Our Own Native Kingdom or to innovate the Religion and Laws but mainly for the maintaining and vindicating of Our Royal Authority And since that hereby it doth clearly appear that We neither have nor do intend any Alteration in Religion and Laws but that both shall be maintained by Vs in their full Integrity We expect the performance of that humble and dutiful Obedience which becometh loyal and dutiful Subjects and as in their several Petitions they have often professed And as We have Iust Reason to believe that to Our peaceable and well-affected Subjects this will be satisfactory so We take God and the World to witness that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their Disobedient Courses is not occasioned by Vs but by their own procurement After this the following Articles were signed THe Forces of Scotland to â—e disbanded and dissolved within eight and fourty hours after the Publication of His Majesties Declaration being agreed upon His Majesties Castles Forts Ammunition of all sorts and Royal Honours to be delivered after the Publication so soon as His Majesty can send to receive them His Majesties Ships to depart presently after the delivery of the Castles with the first fair Wind and in the mean time no interruption of Trade or Fishing His Majesty is Graciously pleased to cause to restore all persons Goods and Ships detained and arrested since the first of November last There shall be no Meetings Treatings Consultations or Convocations of His Majesties Lieges but such as are warrantable by Act of Parliament All Fortifications to desist and no further Work therein and they to be remitted to His Majesties Pleasure To restore to every one of His Majesties Subjects their Liberties Lands Houses Goods and Means whatsoever taken and detained from them by whatsoever means since the aforesaid time Next the Commissioners signed the following Note IN obedience to His Majesties Royal Commands we shall upon Thursday next the 20th of this June dismiss our Forces and immediately thereafter deliver His Majesties Castles and shall ever in all things carry our selves like Humble Loyal and Obedient Subjects Signed Rothes Dumfermline Lowden W. Douglas Al. Henderson Arch. Johnstown The Treaty being thus ended The Treaty is variously censured all parted with great expressions of Joy But few wise men expected it should be followed with a lasting Agreement the Covenanters being peremptory not to part with a hoof so that whatever Concessions came not up to all their Desires were not like to prove satisfactory Those who understood not the true state of the English Army wondered that the King should have let this opportunity out of his hands whereby they judged he was able to have broken and subdued Scotland And according to the vulgar Civility of of all Censurers of Kings Actions his bad Counsellours bore the blame whereof the far greatest share fell upon the Marquis But others who saw beyond those superficial Observers acknowledged there was an equal temperature of Wisdom and Goodness in His Majesties Concessions not denying a proportionable share of the praise to his good Counsellours The Covenanters judged they had scaped well who got off so easily for it would have been impossible for them to have maintained the great Bodies they had gathered together any longer except they had marched into England to which they had no mind unless forced by necessity But some made another Observation though of less moment yet not unpleasant upon Mr. Henderson's signing the former Paper That it was strange to see a Church-man who had acted so vigorously against Bishops for their meddling in Civil Affairs made a Commissioner for this Treaty and sign a Paper so purely Civil so strongly does Passion and Interest biass and turn men When the Commissioners came back to the Camp A Paper is given out for the Conditions of the Agreement though not agreed to they gave an account of their Negotiation and besides the Articles of Treaty they produced another Paper which passed among all for the Conditions of the Agreement It was a Note containing some Points which were alledged to have been agreed to at Berwick verbally though not set down in the written Treaty which was made up of some down-right Mistakes and of other things which the King in discourse had indeed said but not positively nor as a Determination on which he had concluded However the Army made a Declaration that their accepting of the Kings Papers wherein the Assembly of Glasgow was called the pretended Assembly did not infer their accounting it so which they could never do Yet all the Forcâ—s withdrew most of them laying down Arms but still keeping in great Bodies together and a Proclamation was sent to the North to Montrose on the one side Aboyne on the other to lay down Arms for all this while there had been a Body of about 2000 that had stood for the King in Aberdeenshire who were commanded by my Lord Bamf against whom my Lord Montrose was sent and these Orders were obeyed by them both and indeed they came in good time to Aboyne otherwise he had been sore put to it On the 22th of Iune the Marquis was ordered to go to the Castle of Edinburgh The Marquis receives and furnishes the Castle of Edinburgh and take possession of it in the Kings Name and relieve the Marquis of Huntley and put Ruthwen now created Lord Estrick in it and also to furnish it with store of Provision and Ammunition out
came to them and with great vehemence pressed them to engage in a new War and among other Motives brought them Engagements in writing from most of the greatest Peers of England to joyn with them and assist them when they should come into England with their Army This did much animate them for they had not the least doubt of the Papers brought them But all this was discovered at the Treaty of Rippon to have been a base Forgery for there the Scotish Lords looking very sullenly on some of the English Lords as on Persons of no Faith or Truth the Lord Mandevil came to the Earl of Rothes and asked the reason of that Change of their Countenance and Behaviour in them who after some high reflections at length challenged him and the other Lords of not keeping what they had engaged to them Upon which that Lord stood amazed and told him and so did the other Lords there that they had sent no such Messages nor Papers to them and that they had been abused by the blackest Imposture that ever was Thus it appeared how dangerous it may be to receive some things that seem to have the highest Probabilities in them easily and upon trust In April following the King called a Parliament in England A short Parliament in England but they begun with their Grievances in which they rose to so high a strain that after twenty days Sitting the King by advice of his Council dissolved them but the hopes of Money from the Parliament failing the next Course was to try what could be drawn by Loan and for good example the Councellours subscribed for near two hundred thousand pounds Sterlin The Councellours lend Money What the Marquis his part was in this I should have willingly concealed judging fit that his Story should be as sparing in relating it as himself was modest in not boasting of it but Sanderson and some other malicious or ignorant Pens who say That he pretended Poverty and subscribed for none force me to free him of that Calumny by a true Relation of what his Duty to the King cost him at this time He subscribed for 10000 l. Sterlin and laid down Eight thousand of it presently in Gold likewise in August following at York he again subscribed and laid down Six thousand and three hundred pounds for both which he had Tallies struck Besides this when he served as Commissioner in Scotland in the year 1638. he got no Payments made him Ten thousand pounds Sterlin was allowed him of which he had not received a farthing and besides the great expence he was at in that Service he laid that year out of his own Money about 5000 l. Sterlin on the Kings account And thus in the space of four years he advanced to the King near Thirty thousand pounds Sterlin and this was in a time when the advantages he had by his Places and Pensions were through the necessity of the Kings affairs dried up But since I was forced to say this I must not conceal His Majesty who now reigns His Justice and Goodness to his Heiress in repaying the sum contained in those Tallies together with the other Royal effects of His Favour which they have felt in the repayment of the Scotsh Debt This is said once for all and all this was little reckoned of by him who was ready to hazard both Life and Fortune for His Majesties Service acknowledging that it was Just since he and his Ancestors owed so much to the King and his Progenitours bounty that all he had should be spent in his Service The Covenanters in Scotland were beginning to look to themselves and fearing Ruthwen Ruthwen a terror to the Covenanters who was in the Castle of Edinburgh they required him to obey their Orders but he told them he had his Trust from the King and would acknowledge no Commands but his whereupon they blockt him up He might easily have done them much Mischief but his Orders were to hold himself most on the Defensive and to amuse them but not to break out to open Hostilities within which limits he contained himself The second of Iune came which was the day the Parliament was to Set but the King had sent down an Order to the Justice-Clerk for proroguing it The Parliament sits notwithstanding the Kings Orders for proroguing of it and he was to carry along with him in this Affair the assistance of the Kings Advocate who was at this time confined to his House in Fife by the King upon pretence of some petty maleversation in his Office but really because of his adhering to the Covenanters too much The Kings Advocate was glad both of being delivered from that Disgrace and for being honoured with the Employment But to clear the Method in which he intended to proceed to make this Prorogation legal I must look back a little when Traquair got his Commission under the Broad-Seal there was another Commission given under the quarter-Seal to the Lord Elphinstown the Lord Napier the Kings Advocate and the Justice-Clerk these or three of them were impowred to act as Commissioners in Traquair's absence and upon his Orders Therefore the Kings Advocate judged it needless to fill up a Blank that was sent down to be made use of if need were to make the Prorogation Legal but resolved to require one of the other two to concur with the Justice-Clerk and himself in the Prorogation which was to be done after the Parliament was Fenced therefore they provided the persons necessary for Fencing of it a Ceremony they use in the beginning of a Session who are the Constable the Marshal the Provost of Edinburgh the Sheriff of Lowthian and a Doomster and if any of these be absent the King must name others for their Service that day So the Members of Parliament being met the Kings Advocate required the Lord Elphinstown who was first in the Commission to go up with them to the Throne for executing the Kings Commands who having read the Commission found their Power was only to act by the Commissioners Order and therefore called for Traquair's Warrant the Kings Advocate answered That as when the King is present a Commissioners Power of it self expires so also when his Warrant is produced there is no need of one from his Commissioner But Elphinstown stood on the Letter of the Commission and so found he was not legally warranted to doe it That same was the Lord Napier's Answer who was also of the Commission and so the Kings Advocate and the Justice-Clerk could doe nothing but take Instruments Many imputed this to the Kings Advocat's Jugling but he vindicated himself solemnly which is extant under his Hand with a long Narrative of this whole Affair sent up by him to the King However the effects of this Errour were great for the Members voted themselves to be in a Parliamentary Capacity as being summoned by the King at first and again adjourned to this day whereupon they proceeded to
that till you express the Particulars of your Desires His Majesty can give no direct Answer therefore His Majesty requires that you set downthe Particulars of your Demands with expedition he having been always willing to hear and redress the Grievances of His People and for the more mature Deliberation of these great Affairs His Majesty hath already given out Summons for the Meeting of the Peers of the Kingdom in the City of York upon the 24th of this Month that so with the advice of the Peers you may receive such Answer to your Petition as shall most tend to His Honour and the Peace and Wellfare of His Dominions And in the mean time if Peace be that you desire as you pretend He expects and by these His Majesty commands that you advance no further with your Army to these parts which is the only means that is left for the present to preserve Peace betwixt the two Nations and to bring these unhappy Differences to a Reconciliation which none is more desirous of than His most Sacred Majesty Signed LANERICK With which he wrote this Cover My Lords ACcording to your Desires I presented unto His Majesty in your names the Petition you sent me whereupon His Majesty hath been Graciously pleased to command me to make this reference which you shall receive herein inclosed joined unto the Petition My Lords by this you may see His Majesty is as he ever was willing to hear and redress the Grievances of His Subjects and I pray God you may take those Courses that may not too much incroach on the Goodness of so Gracious a Soveraign This shall be the earnest Prayer of Your Lordships Servant LANERICK York 5th Sept. 1640. To this they returned the Answer that follows which was sent by Sir Iames Mercer Right Honourable An. 1639. AS nothing in Earth is more desired of us than His Majesties favour so doth nothing delight us more than that His Majesty beginneth again to hearken to our Humble Desires The Covenanters make a second Address wherein we trust nothing shall be found but what may serve for His Majesties Honour and for the Peace of His Dominions The Particulars we would have expressed but that they are contained in the Conclusions of the late Parliament and our Printed Declarations which were sent to your Lordship but in case the Papers be not by your Lordship we now summarily repeat them That His Majesty would be Graciously pleased to command that the last Acts of Parliament may be published in his Highness's Name as our Soveraign Lord with the Estates of Parliament convened by His Majesties Authourity Next That the Castle of Edinburgh and other strengths of the Kingdom of Scotland may according to the first foundation be furnished and used for our Defence and Security Thirdly That our Countrymen in his Majesties Dominions of England and Ireland may be free from Censure for subscribing the Covenant and be no more pressed with Oaths and Subscriptions unwarranted by our Laws and contrary to their National Oath and Covenant approved by His Majesty Fourthly That the Common Incendiaries who have been the Authors of this Combustion in His Majesties Dominions may receive their Iust Censure Fifthly That our Ships and our Goods with all the Damage thereof may be restored Sixthly That the Wrongs Losses and Charges which at this time we have sustained may be repayed Seventhly That the Declarations made against us as Traytors may be recalled and in end by advice and consent of the Estates of England convened in Parliament His Majesty may be pleased to remove the Garisons from the Borders and any Impediment that may stop free Trade and with their advice may condescend to all Particulars which may establish a stable and well-grounded Peace for enjoying of our Religion and Liberties against all fears of molestation and undoing from year to year as our Adversaries shall take the advantage This Royal testimony of His Majesties Iustice and Goodness we would esteem to be doubled upon us were it speedily bestowed and therefore must crave leave to regrate that His Majesties Pleasure concerning the Meeting of the Peers the 24th of this Instant will make the time long ere the Parliament be convened which is conceived to be the only mean of settling both Nations in a firm Peace and which we desire may be seriously represented to His Majesties Royal thoughts the more this time is abridged the more able will we be to obey His Majesties Prohibition of not advancing with our Arms Our Actions and whole comportment since the beginning of these Commotions and especially of late since our coming into England are Real Declarations of our love and desire of Peace nothing but invincible necessity hath brought us from our Country to this Place no other thing shall draw us beyond the limits appointed by His Majesty which we trust His Majesty will consider of and wherein we hope your Lordship will labour to be a profitable Instrument for the Kings Honour the Good of your Country and of Your Lordships humble Servants and affectionate Friends A. Lesly Rothes Cassils Montrose Dumfermline Lindsay Lowdon Napier Tho. Hope W. Rickartoâ—n J. Smith P. Hepbuâ—â— D. Home Keir Ja. Sword Scots-Leager at New-Castle Sept. 8th 1640. An. 1640 On the 24th of September the Peers of England having met the King by their Advice commanded his Secretary to write the following Letter My Lords The King appoints a Treaty ACcording to His Majesties appointment the most part of the Peers of this Kingdom of England met here at York this day where His Majesty did communicate unto them your Desires and Petitions and because you do so earnestly press for a speedy Answer His Majesty with Advice of the Peers hath nominated such a number of them for a Conference with you upon Tuesday at Northallerton whose Names are underwritten But withall if you shall think the time too short and that with conveniency you cannot come so soon thither if betwixt this and Sunday you do acquaint His Majesty therewith he will take Order for the delay thereof for one day or two And that you may without all fear or danger of Detention send such Persons unto the said Conference as you shall think most fit if betwixt this and Sunday you send hither the Names of these you mean to imploy His Majesty will with all possible diligence return a safe conduct under his own Royal Hand for them and their necessary Servants His Majesty hath likewise commanded me to let you know that upon your relieving of such Officers and others of His Subjects as are detained by you he will return all such of yours as are his Prisoners either here or at Berwick and hereafter resolves that fair Quarters should be kept betwixt both Armies Thus having imparted His Majesties Pleasure I continue Your Lordships Servant LANERICK York 24th of September 1640. And now the King was in a great strait what to resolve on Most of all the
Peers advised a Settlement with Scotland and a Parliament in England Strafford's Advice was more severe and the Marquis pressed a Pacification But though their Opinions varied yet their Friendship continued since both had the same designs for the Kings Honour and Service A recruit of Money which was beginning to run low was not to be hoped without a Parliament and their late experience told on how uneasie terms that was to be had Earl Lowdon also assured the Marquis by his Letters that the Covenanters were well armed well commanded and very resolute nor did they doubt of a strong Party in England and therefore shewed how dangerous it would prove to His Majesties Affairs if a Treaty should not presently follow The Marquis little regarding how ill these Counsels would be represented by others used all his Industry to prevail with the King for a Pacification on any terms since none could be so bad as the hazard the King was like to run if matters continued so broken for it was now apparent how faintly His Majesties Forces did serve him and with how much resolution the Scotish Armies proceeded neither were they without fears in their own Army and that many of the Peers and People of England would have assisted the Scots if matters had run to extremities A Breach betwixt the Marquis and the Earl of Montrose But at that time a passage fell out which drew after it a tract of great Troubles on the Marquis The Earl of Montrose had in Iuly that year procured a Meeting of some Noblemen at Cumbermwald the Earl of Wigtons house where there was a Bond signed by them of adherence to one another in pursuance of the Covenant and from New-Castle he continued to keep Correspondence with His Majesty notwithstanding an Act that had passed in the Committee that none should under pain of Death write any Letters to the Court but such as were seen and allowed of by at least three of the Committee But this Correspondence of my Lord Montrose came to the knowledge of the Covenanters and there were ill Instruments who suggested that this Advertisement must have been given by the Marquis which being too easily believed occasioned a Breach betwixt them that could never be made up And Sanderson hath had the Impudence not only to fasten this on him but as if there had not been Imputation enough in it he adds that the Marquis had in the night picked His Majesties Pockets for his Letters Indeed he needed not take such Courses had he been capable of that Treachery for the Kings Confidence in him was such that he delivered all the Letters he had from Scotland to his keeping and if he had designed such a thing upon Montrose it was in his Power to have done it long before for in October and December of the former year Montrose had writ much in the same strain to the King which Letters the King gave him and are yet extant but were never heard off till now that the Writer gives this account of them But the way how that Letter was discovered was this the Covenanters sent Sir Iames Mercer to York with their Letters to my Lord Lanerick of September the 14 th with whom my Lord Montrose sent his Servant with Letters to some of his Friends at Court and these Letters had been shown to the Committee but as he sealed them up he put within one to Sir Richard Grahame a Letter to the King which had not been seen and Sir Richard opening his Letter carelesly the inclosed to the King dropt out whereupon Sir Iames Mercer being near him stooped down in civility to take up the Letter and read the Direction of it and he returning next day to the Scotish Camp told what he had seen to the General who in a Committee that sate that afternoon wherein it was my Lord Montrose's turn to preside said that the Gentleman they had sent must be examined concerning any Letters he carried to the Court and so he was called in and examined But Montrose understanding that his Correspondence with the King was discovered said that seeing others kept a Correspondence with the Court he knew not why he might not do it as well as they it was answered if others were guilty that did not excuse his fault but when that could be made out against any they were liable to the same Censure he had now incurred whereupon he was commanded to keep his Chamber and he called a great many of his Friends to him to try who would adhere to him whereupon the General bade the Earl of Calender who was then Lieutenant-General tell him that if he came not and submitted himself he would hold a Council of War upon him and proceed against him Capitally Upon this my Lord Montrose came and produced a Copy of the Letter he said he had written and craved pardon and so this Matter was passed over â—ut it was suspected that his Letter had been sent to the Covenanters by the Marquis whereas indeed they knew no more of his Letter but what they had from Sir Iames Mercer who read the Address of it and so they knew not what was in it but by the Copy he produced Yet this went current for the Marquis his Treachery though Sir Iames Mercer did often vouch the truth of this before many Witnesses and particularly particularly to Sanderson himself before Noble Witnesses who acknowledged his Mis-information and promised to expunge that in the next Edition of his Book though there are no grounds to fear the Woâ—ld will ever be troubled with another Edition of so ill a Book The Treaty at Rippon In the end of September a Treaty was agreed upon and His Majesty named the Marquis and my Lords of Traquair and Lanerick to be amongst the Commissioners who should Treat in His name But the Covenanters excepted against the Marquis and Traquair whom they intended to pursue as Incendiaries and therefore they could not Treat with them as for Lanerick they had nothing to fasten on him Upon this the King resolved to send none but English Lords conceiving it not fitting to send any Scotchman if the persons he had imployed as Commissioners were not of the number Rippon a little Town fifteen miles from York was appointed to be the place of Treaty instead of Northallertown and the King sent the English Lords thither appointing Traquair and Lanerick to wait upon them for giving them Information of Scotish Affairs but he kept the Marquis to wait upon Himself The Treaty begun at Rippon and after a few days by reason of the new Parliament the King had summoned against the beginning of November was removed to London The Covenanters Demands were the same with those contained in their Letter of the 8th of September about which they continued Treating till the Iune of the next year and so this year ended But here I shall insert a Paper all written with His Majesties hand which though it do not relate
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
the first of these most assented but few were cordial for the latter In order to this on the 15th of Ianuary the Scotish Commissioners seconded the Desires of the Two Houses with a Paper which they presented to the King on that Subject and afterwards Printed it The King was highly displeased that they were not satisfied with the Opposition they made him in Scotland with which the King was highly displeafed norwith the Concessions he had granted them there but were now come to foment Troubles in England It was not long since they made loud Complaints against the designed Uniformity with England and the Interest the Englishmen had in managing the Affaiâ—s of the Scotish Kirk and would they now act that part which they had condemned in others They could not alledge that against Episcopacy in England which they pretended in Scotland that it had never been fully nor clearly settled in it or that the stream both of Clergy and Laity had run cross to it the contrary of all that was clear in England where Episcopacy was deeply rooted in their Law And ever since the Reformation for eighty years together the Church of England had flourished under Episcopacy so that it was the wonder and envy of the World till of late that some Brownists and other Sectaries begun to disturb its quiet They knew he declared the Grounds on which he dispensed with Episcopacy in Scotland were not from his own Judgement about it but meerly to comply with their A version to it but the case was very different in England All this he said for giving them satisfaction and it is the sum of what he repeated afterwards upon the like occasions But in the end he told them their Commission was not to mediate betwixt him and the Two Houses and therefore on the 19th of Ianuary he signed the following Order to Lanerick CHARLES R. WE have thought fit to require you to repair to the Commissioners from Our Parliament of Scotland and let them know The King forbids their doing so any more that We expected before they should have interessed themselves in any manner of way betwixt Vs and Our Parliament of England they would according to Our Desire expressed to them by Our Letter of the 13th of this Instant have acquainted Vs with their Resolutions in private and that for the time coming We are very confident out of the respect due to Vs from them and their earnest Desires to shun Mistakes and Disputes they will no way engage themselves in these present Differences without first they communicate their Intentions with Vs in private whereby all Iealousies and Suspicions may be removed and they better enabled to do Vs Service Given at Our Honor of Windsor the 19 th of Ianuary 1641. Directed TO Our Right Trusty and Right well-beloved Cousin and Councellor the Earl of Lanerick Our Secretary for Scotland After this the King sent Mr. Mungo Murray to Scotland with Complaints of the Commissioners signified by the following Letter to the Chancellor Right Trusty and right well-beloved Cousin and Chancellor We Greet you well AS it hath been alwaies Our care and Study to have a right Vnderstanding betwixt Vs and Our Subjects of Scotland and complains of them in his Letters to Scotland so nothing can joy Vs more than to hear the effects thereof to be such as that they in peace and quietness enjoy the benefit of Our Courts of Iustice and that under Our Government they reap the fruits of those sound and wholesome Laws established in that Kingdom by Vs and Our Predecessors for their good and happiness We cannot but take kindly from you your representing unto Vs the Miseries and Afflictions to which Our good Subjects of Ireland are reduced through the inhumane and unheard-of Cruelties of the Rebels there We on Our part have left nothing undone which We thought could express how sensible We are of their Sufferings but the present Distractions of this Kingdom do both delay the sending of those necessary Aâ—sistances and Supplies which they ought to expect from hence and prolong the Treaty with Our Commissioners of Scotland so that if some extraordinary Course be not taken for their present Supply it is not like their Miseries will end sooner than their Days The Consideration whereof induceth Vs to require you to move Our Council that these Forces that are already on foot in Scotland may be presently sent over thither and We will oblige Our Selves to see them readily and punctually paid by this Parliament which if they shall refuse to do We will engage Our own Revenues rather than delay so good and necessary a Work to which purpose We shall issue forth such Commissions and give such Warrants under Our great Seal of England as Our Council of Scotland shall think necessary for their Service and grant all such their Desires for the advancement of this Work as in reason can be demanded from Vs and therefore do require you with all possible diligence to return Vs their Resolutions herein which We are confident will be such as will testifie their Respect to Vs and Affection to their distressed Brethren in Ireland And now We are confident We shall not need to remember you of those Dutiful expressions of Respect and Fidelity you made to Vs at Our late being in Scotland for the same Affection which produced those expressions will induce you to make them good by your Actions We remember well you expressed your readiness to hazard both Life and Fortune for the maintenance of Our Temporal Power and even in matters Ecclesiastick though you wished Vniformity therein betwixt the two Nations yet you would not interest your selves in these Differences further than should be with Our knowledge and good liking We wish Our Commissioners of Scotland had taken that Course and not meddled nor offered to mediate betwixt Vs and this Parliament before they had first made their Intentions known unto Vs in private acâ—ording to Our express Desire nor made their private Advice publickly known unto Both Houses which is now in Print We did conceive the Intention of the Commission granted them by Vs in Parliament was for finishing the remainder of the Treaty for Seâ—tling of Trade and Commerce and keeping a right Vnderstanding betwixt the two Nations not betwixt Vs and Our Parliament here It is true they were to receive their particular Instructions from the Council which We believe to have been limited to these Generals which certainly never could have reached this Particular But we shall pass by this and remember it no more so we may find Our Council hereafter give them no further Warrant to meddle any more betwixt Vs and this Parliament but in so far as We shall first know and approve of it which truely We conceive to be the only Means to shun those Suspicions and Iealousies that might breed any interruption of that happy Vnderstanding that is now established betwixt Vs and that Our Native Kingdom Herein
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
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
Kingdom not authorized by any Law to make themselves under the title of a Mediation Vmpires and Arbitrators of the Differences here For the Calling of a Parliament in Scotland His Majesty desires to know what Promise of His it is which they mention Him to have particularly expressed to His late Parliament The Law which His Majesty then Graciously past concerning that Point His Majesty well remembers and will justly punctually and religiously observe it together with all the rest consented to by Him that the Parliament there shall convene upon the first Tuesday of June 1644. And according to the same Act will appoint one betwixt this and that Day if His Majesty shall think fitting who as He is by that very Law expressed to be sole Iudge of that Convenience so the Commissioners are neither by that nor any other Law entrusted or enabled to Iudge thereof At Oxford 19th of April 1643. In the beginning of April Reports came to Scotland that their Commissioners at Oxford were under Restraint whereupon the Conservatours met and ordered their speedy Return The Commissioners recalled to Scotland The Marquis wrote also to the King that their Return should be by no means stopped or delayed otherwise he might expect present Disorders in Scotland but withall he told him he apprehended upon their Return some great Resolution would be taken therefore he desired His Majesty would send down all the Scotish Lords that were about him who might by their Votes in Judicatories or by their Interest in the Country advance the Kings Service in Scotland He likewise desired His Majesty might divide his Trust in Scotland among those Noble persons The Marquis adviseth the King to joyn others with him in publick Trust whose Fidelity he did not suspect that thereby both himself might be delivered from the odium and danger of acting alone in such tender Points and in that ticklish Time as also for a further Encouragement of those who were resolved to adhere to His Majesty and with this he wrote the following Letter to Her Majesty then at York under whose Address his Letters to the King were to go May it please Your Majesty THere is as yet small or no Alteration in the Condition of Affairs in the Country since I presumed to trouble Your Majesty last and writes to the Queen nor do I believe there will be any till the fourth of May at which time it is probable the final Resolution of the Council and Commiâ—sioners for Conserving the Articles of the Treaty will be taken It is still conceived that His Majesties absent Servants would be of great use at that time and the uncertain knowledge if they will come or not keeps us that are here from a positive Resolution what Course to take therein therefore I humbly beseech Your Majesty let us know if by appearance we may expect them or not There is a general noise as if the Lord Chancellour and the rest of the Commissioners were not only kept as Prisoners but in some further Danger By Mungo Murray Your Majesty was advertised that it was conceived fit that seeing those that sent them had so positively recalled them against the fourth of May they should be dispatched against that Time In our opinions there was no Danger now to be apprehended by their Home-coming but there would arise great Inconveniences if they should be detained of that same Iudgment we continue to be still We do likewise humbly intreat that we may know if what was proposed to Your Majesty by my Lord of Traquair Mr. Murray and my self be come to His Majesties knowledge and if we may expect the signification of his Pleasure against the fourth of May in these Particulars which we exceedingly wish By the Lord Montgomery Your Majesty will know how far the General hath promised his best Endeavours that His Majesty shall receive no prejudice from the Army under his Commandin Ireland the same he hath confirmed to me with deep Protestations and truely I take him to be a man of that Honour that he will perform it But the Truth is it will be a Work of great difficulty to keep these Men there any time seeing there is little appearance that Money will be got from the Parliament of England and how to raise any considerable Sum here as yet we see not so even in this we desire to know Your Majesties Pleasure and Directions what Course will be fitest to be taken and if Your Majesty shall find it expedient that we engage our Fortunes for their Supply many of us will do it to the last Peny and none more readily than May it please Your Majesty the humblest most faithful and most obedient of all Your Majesties Servants HAMILTON Peebles 21st April 1643. The Commissioners are not suffered to go to London and returned to Scotland But at Oxford the Commissioners insisted warmly for a Permission to go to London for Mediating and His Majesty persisting in his Refusal the Lord Chancellour resolved on making a Protestation that His Majesty by not suffering them to go to Westminster had violated the Safe-conduct My Lord Lindsay who was ordered to come from London and second the Chancellour in this Negotiation did all he could to divert him from that Resolution but the other said he had positive Orders from Scotland he was also peekt with the Petition about the Annuities and got a great disgust by a Letter of his Ladies which not coming under a right Cover had been intercepted and brought to His Majesty wherein severe things were said against the Kings Cause and Party and particularly the Marquis was bitterly enveighed against for having given himself up so intirely to the Kings Service that he designed the Ruin of all who opposed it The Chancellour came and made his last Address to the King for liberty to enter on a Mediation betwixt Him and the Two Houses adding that if that were denyed he would be constrained to Protest in the Names of them who sent him that His Majesties Conduct was violated But the King was not shaken with it only he took the Chancellour apart and used many perswasions to divert him from it and made him great Offers if he would comply with his Desires for the King apprehended that it might have precipitated a Breach betwixt Him and Scotland But the Chancellour said he acted by a Trust committed to him which he must discharge faithfully and obey the Orders sent him from those in whose Name he came and said much to assure the King there was no design in Scotland to own the Quarrel of the Two Houses against His Majesty and protested he should die rather than concur in such Courses But this did not satisfie His Majesty whereupon finding the Chancellour could not be wrought upon his next Attempt was upon Lindsay to whom he spake with more Freedom and told him in how great a Strait he was for it seemed if he refused to allow their going to Westminster a
said Army still in Ireland and for recovering payment of the Brotherly Assistance providing always that in the doing thereof no Resolution be taken for Levying of Forces or doing any Act whereby this Kingdom or any part thereof may be put in a posture of War or under any pretence to bring over the Scotish Army in Ireland or any part thereof without special Warrant from His Majesty wherewith if such as shall meet at this Convention rest not satisfied His Majesties Servants here are resolved to Protest and adhere to these Grounds and to oppose all other derogatory to His Majesties Authority or prejudicial to His Service The Duke by the same Bearer wrote to Mr. Iermine since Earl of St. Albans what follows which is set down to shew how far he was from abusing their Majesties or any about them with hopes of a good issue of Affairs in Scotland Noble Friend THere is so much said to this Bearer by word and in writing that I shall add but little thereto only this which I have often said The Duke apprehends the Ruine of the Kings Affairs in Scotland Time is precicious and would not be lost while we are quiet how long that will be for my own part I cannot tell so many unhappy Accidents have intervened of late that His Majesties Service is much prejudiced thereby I mean not so much your Misfortune at Wakefield as other Particulars which you will be informed of Howsoever think not that I am discouraged for never was Man more resolute to oppose all that shall endeavour the Dis-service of the King than I am and there are considerable men in this Country of the same mind But I ever feared our want of Power and never more than now Resolution we want not but Means how to put that in execution and therefore I say build no confidence but that you may receive great Prejudice from hence notwithstanding all we can be able to do which will be as much as you can expect from Men of Honour so deeply ingaged as we are Having thus freely expressed my thoughts to you it is eâ—sie to conjecture what Advice I would give you are Iudicious and so I shall conclude in a word Lose no Opportunity that is offered to end your business either by one means or other and esteem of me as Your most obliged Friend and humble Servant HAMILTON Holyrood House June 5th 1643. He wrote also the following Letter to Her Majesty May it please Your Majesty I Had not presumed to have troubled Your Majesty with any thing from me if Your Letter I received from Mr. Murray had not encouraged me to hope for Your Majesties Pardon And advertises the Queen of his fears I shall then humbly beg this may rather be believed an effect of Obedience than Boldness Vpon Tuesday last I delivered to His Majesties Council a Letter from Him to them wherein was inclosed a Declaration to His Scotish Subjects which was unanimously appointed to be Printed and Published but the Letter they have written in Answer to His Majesty a Copy whereof I have presumed to send Your Majesty did receive great opposition and with difficulty was carried Since there hath been no Publick Meeting but it is like there will be one appointed upon Wednesday next where they that came last from His Majesty are to be accused as Incendiaries The great Offers are to be made from tâ—e Two Houses of Parliament are like to work much upon the Affections of this Country being seconded with an alledged hazard to Religion and Government from Papists pretended to be in Armes in England and Ireland a popular though groundless Inducement for taking Arms in this Kingdom to which though many Noblemen and divers of the Gentry have hitherto been averse yet I both doubt tâ—e Continuance of their Resolutions and the Power of these few who must and will oppose it The Authority the other Party receives from the Iudicatories the absolute Power they have of the Magazines and Ammunition the popular Pretences they have of a danger to Religion and Liberty gives them so great advantages that I cannot but apprehend great Disservice to His Majesty from hence if the Differences betwixt Him and His people of England be not quickly decided either by Treaty or Force The Resolutions about the Convention of the States of such well-affected Noblemen and Gentlemen as are accidentally now in Edinburgh Your Majesty will know from the Bearer the Particulars being of that nature as are not without hazard to His Majesties Service to be trusted to Paper by May it please Your Majesty the humblest and faithfullest of all Your Servants HAMILTON To which Her Majesty wroâ—e the following Answer Cousin I Received your Letter The Queen writes to the Duke and have given an Account to the King of what you tell Me. I hope the Kings faithful Servants shall be so much the more firm to His Service that the wickedness of others appears and will by their Care and Diligence prevent the Malice of others We had here a mischance in one of Our Quarters by the negligence of Our People the greatest loss We have had is known yet We are not at all discouraged and hope quickly to have a Revenge Our Army consists without reckoning the Garrisons of seven thousand Foot and 69 Troops of Horse besides My two Regiments so that for all Our mischance We are in no ill Condition I have News from the King that His Army is as strong as Essex's and that Essex dares not advance The King hath sent Prince Maurice to the West with 2000 Horse and a thousand Foot the Gentlemen of the West have promised to raise an Army of 10000 Men in six Weeks so that I can assure you all Our Affairs go well And from France except the Death of the King My Brother I have very good News as likewise from Denmark If the King does not press me to go to Him quickly I hope to see Leeds taken befâ—re I part You will give a share of these News to all Our Friends if any dare own themselves such after the House of Commons hath declared Me Traytor and carried up their Charge against Me to the Lords This I assure you is true but I know not yet what the Lords have done upon it God forgive them for their Rebellion as I assure you I forgive them from my Heart for what they do against Me and shall ever continue as I have promised Your affectionate Cousin and Friend HENRIETTA MARIA R. To this he returned the following Letter May it please Your Majesty I Shall not presume to take up much of Your Majesties Time with reading Particulars they being so well known to this faithful Bearer The Dukes Answer to Her Majesty therefore I shall only in the general crave liberty to say that though the State of Affairs here be far otherwise than I could wish yet I was never so hopeful as at this present that no Forces will
come from hence this Summer into England to disturb His Majesties Affairs Yet no Means ought to be neglected in preparing to oppose them lest they should do oâ—herwise nor shall I fail to do the same whatever Malice may whisper to the contrary with all the Power I have and as freely venture both Life and Fortune in that as any living shall So I humbly beseech Your Majesty to believe that not only in this but in all which doth concern His Majesties Service my part shall be such as I have promised and as becometh The Humblest most Faithful and most Obedient of all Your Majesties Servants HAMILTON Holyrood House 10th June The King having received the Letter of Advertisement concerning the Convention wrote down the following Answer about it CHARLES R. The Kings Letter about the Convention to the Council RIght Trusty and Right well-beloved Cousins and Councellours and Right Trusty and well-beloved Councellours We Greet you well We are much surprized at Your Letter of the 12th of this Moneth whereby it seems you have given order for the Calling of a Convention of the Estates of that Our Kingdom without Our Privity or Authority which as it is a business We see no reason for at present and that hath never been done before but in the Minority of the Kings of Scotland without their Consent so We cannot by any means approve of it and therefore We command â—ou to take order that there be no such Meeting till you give Vs full satisfaction of the Reasons for it Given at Our Court at Oxford 22th of May 1643. With this he wrote another to the Earl of Lanerick which follows CHARLES R. and to Lanerick RIght Trusty and Right well-beloved Cousin and Councellour We Greet you well We have herewith sent you Copies not only of the Letters We lately received from Scotland but also of Our several Letters to Our Chancellour and Council there the Originals whereof We leave to your Discretion to deliver and make use of as you shall find best for Our Advantage but for the Business it self We have heretofore so fully declared to you Our Own Opinion therein as We need say no more of that Subject to you We observe in the Letter to Vs that there are but eleven Councellours Names to it and that nâ—ne of those that are best-affected have subscribed it and We find that as great or a greater number of Councellours Persons of great Quality Place and Trust have not subscribed to it Given at Our Court at Oxford 22th of May 1643 Upon what had past the Lords whom His Majesty had trusted resolved to keep up this Letter to the Council till a return came of the Message they had sent to His Majesty But a few days after that Letter was written the Earl of Lindsay came from London to Oxford The Earl of â—indsay â—s with the King to receive the Kings Commands for Scotland to which he was required to go and sit in the Convention of Estates then Summoned His Majesty asked his Advice whether He should give way to its Sitting or not but he answered as he durst not advise His Authorizing of it so on the other hand he might consider if it was like that they who had called it without His Warrant would desert it upon His Prohibition and if His Majesty thought fit to discharge it he would weigh well what the hazard might be of their Sitting against His Pleasure All this being considered by His Majesty He wrote by him the following Letter to My Lord Lanerick CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour We Greet you well The Earl of Lindsay coming hither from London hath assured Vs that the Cause of the Two Houses sending into Scotland to have the Lords that went hence sequestred was the Intercepting of their Letter sent to Our Dearest Consort the Queen and nothing else We perceive by the Copy of the Resolutions you sent Vs with what Prudence and Loyal Courage your Brother Hamilton and the Lord Advocate opposed at Council there the Order for Calling a Convention of the Estates for which We would have you to give them Our particular Thanks You and others of Our Council there know well how injurious the Calling of a Convention of Estates without Our Consent is to Our Honour and Dignity Royal and as it imports Vs so We desire all Our well-affected Servants to hinder it what they may but shall leave it to them to take therein such Course as they shall there upon advice conceive best without prescribing any way or giving any particular Directions If notwithstanding Our Refusal and the endeavours of Our well-affected Subjects and Servants to hinder it there shall be a Convention of the Estates then We wish that all those who are right-affected to Vs should be present at it but to do nothing there but only Protest against their Meeting and Actions We have so fully instructed this Bearer that for all other Matters We shall refer you to his Relation whereto We would have you to give credit Given at our Court at Oxford the 29th of May 1643. But His Majesty having after that received the Advice sent him from Scotland and His own Thoughts agreeing with it did on the 10th of Iune write the following Letter to be presented to the Convention CHARLES R. RIght Trusty and well-beloved Cousins and Councellours The Kings Letter to the Convention of Estates c. We have received a Letter dated the 22th of May and Signed by some of Our Council some of the Commissioners for Conserving the Articles of the late Treaty and of the Commissioners for the Common Burdens and though it seem strange unto Vs that those Committees should Sign in an equal Power with Our Council especially about that which is so absolutely without the limits of their Commissions yet We were more surprized with the Conclusions taken at â—heir Meetings of Calling a Convention of the Estates without Our special Warrant wherein Our Royal Power and Authority is so highly concerned as that We cannot pass by the same without expressing how sensible We are of so Vnwarrantable a way of Proceeding and if We did not prefer tâ— Our Own unquestionable Right the Preservation of the present happy Peace within that Our Kingdom no other Consideration could move Vs to pass by the just Resentment of Our Own Interest therein But when We consider to what Miseries and Extremities Our Scotish Army in Ireland is reduced by reason that the Conditions agreed unto by Our Houses of Parliament for their Maintenance are not performed and likewise the great and heavy Burdens which We are informed Our Native Kingdom lies under by the not timely payment of the Remainder of the Brotherly Assistance due from England contrary to the Articles of the late Treaty and withall remembring the Industry which We know hath been used upon groundless Pretences to possess Our Scotish Subjects with an Opinion that if God should
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
Instrument of his producing it which was also refused so having taken witness of it he withdrew and none of these Lords would sit in the Convention any more After this some came to the Duke and asked his Advice if they should sit or not he suspected their Intentions were only to betray him and told them that his Practice declared his own Judgment which he wished the whole Convention had followed but for particular Advices he left it to themselves Others of their Friends were by them all thought necessary to sit still in the Convention to keep up delays in the approaching Treaty with the English but divers of their Friends being over-awed with the Power of the Church-party did forsake them Great Jealousies and Divisions in Scotland At the same time some of the Church-party who feared the Duke more than all that opposed them knowing the depth of his Designs and the smoothness of his Address took a strange Course to render him suspected to the Kings Party which was to let a Whisper fly out but so as they should not appear in it that he and they kept a Correspondence which was too easily believed by many who were already ill-affected to his Person and displeased with his Methods and the great forwardness of some for appearing in the Kings Service made them impatient of all Delays But the Duke sent divers Messages by Mr. Murray of the Bed-chamber who was at that time sent by His Majesty to Scotland to those of the Kings Friends who he saw were displeased with him to mediate a Reconciliation who dealt in it with all possible diligence but their Jealousies of the Duke were insuperable And a little after that in the end of Iuly some of them went to Court to represent to the King how ill His Affairs were managed by those He trusted them to and to offer their Serviâ—e if He would change his Tools and Methods The Duke upon this wrote to the King that he found himself betwixt two Tides of those who were perverse on the one hand and over-forward on the other yet he wished not only Life and Fortune but his Soul might perish if he left any thing unessayed and undone that was in his power for the Kings Service But all in which he could hope to prevail was Delays which to draw out longer than this Winter he could not promise And the Methods he used to draw out the Treaty by Delays were to set some on work to get Scotland to insist on their Demands for the rest of the Brotherly Assistance and for what was agreed to by the former years Treaty to be paid for the Army in Ireland before they engaged further all which amounted to a round Sum and he knew it would neither be soon nor easily advanced The time of the Assembly was also approaching wherefore they advised the King for his Advocates encouragement to Name him Commissioner for it The Convention did little at first only they begun a new Process against some alledged Incendiaries and named many Committees waiting still for the English Commissioners who were daily expected On the first of August came the Kings Advocat's Commission with his Instructions and a Letter to the Assembly His Instructions were First to assure the Assembly of the Kings constant adherence to the late Establishment and his willingness to encourage all good Motions He was to oppose all Treaty with England or Declarations about the Commotions there He was to oppose any new Commission of the Kirk He was to hinder any Censure to pass on those who had subscribed the Cross Petition On the second of August the Assembly sat down The General Assembly sitâ— but no curb could hold them so high was their Zeal and so void were they of respect of Persons that the opposition the Kings Commissioner gave them was little regarded for they went on at a great rate The Convention voted an hundred thousand Marks Sterling to be raised by a Loan this was a pretty Device to fine all that were not judged well-affected for they were appointed to lend Sums upon the Publick Faith which every one knew would turn to no Security for their Money On the ninth of August came the much-longed for Commissioners from England Commissioners come from England with a large Declaration from the Two Houses justifying all their Procedure and intreating the assistance of their Brethren in Scotland This was cheerfully welcomed by the Assembly and some did run so far back as to remember how Queen Elizabeth helped the Lords of the Congregation in the Scotish Reformation in opposition to the Queen Regent and therefore it was but Justice that they should now repay them with the like Assistance But that which generally prevailed to engage the greater part of the Nation in the War The Arguments that prevailed for entring in a League with them shall here be set down with that fulness and freedom that becomes a Historian The now Duke of Newcastle had raised a great Army in the North of England for the King upon which that Countrey was like to be for some time the seat of the War and though Berwick and Carlisle had no Garrisons in them according to the Treaty between both Kingdoms yet it was not to be doubted but either the one side or the other would see their advantage in putting Garrisons in these places upon which all in Scotland judged it necessary to raise some Forces otherwise the best Counties in Scotland which lye toward the South had been put under Contribution by those Garrisons and they had been all a prey to the prevailing Army yea and which side soever were either beaten or straitned it was not to be doubted but they would send in Parties to Scotland to bring Provisions and what else could be had therefore it was Concluded that a Force must be raised for the Security of Scotland This being laid down it was not uneasie to perswade all that it was better to carry in and maintain their Army in England than keep it in Scotland to be a vast Charge upon themselves And the Forces that were raised in the years 1639 and 40 had been very heavy on the chief Nobility and Gentry nor had the Brotherly Assistance which the Two Houses had Voted to be raised for their reimbursement come to their Supply the War of England intercepting it therefore they had generally a great mind to Quarter their Army in England Now this could not be done they keeping up the Neutrality they were then in therefore they must either joyn with the King or the Two Houses For joyning with the King many Arguments were used both from the Laws of Scotland that obliged all the Subjects to assist the King in his Wars and from the Covenant wherein they swore to assist Him in every cause in which His Majesties Honour was concerned There were also private assurances given not only to the leading Men but to the whole Nation of signal
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
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
Discontent Constructions which are not possible for him to make but obvious to malevolent humours That although you should not be suspected to be any ways accessory to disloyal Courses it will be said you are one of those who could have best hindred them That your Countrey and Friends may say you have deserted them in their greatest Exigences and that Differences may be reconciled betwixt His Majesty and His Subjects by the endeavours of others These Commands were both peremptory and obliging so that they could not fail of conquering all his Resistance and carrying his Obedience after them which were strengthened from the Letter he had at that same time from Her Majesty which follows Cousin THe account the King hath given me of your Aâ—fection for His Interest and those marks of it which from other hands have met me do so sensibly affect me that without any difficulty or scruple I do now entertain you with my Acknowledgments and Resentments of it before I have heard from you and I assure you of the satisfaction I shall ever have of the Continuance of it from you which I shall desire may be as intire and full as the Returns I shall study to make to you being resolved to lay hold on all occasiâ—ns by which I may discover my Friendship for you and to express the Esteem I have of your Friendship by all means that may depend on my cares which I shall imploy in giving you day by day new Proofs that I am and ever shall be Your affectionate Cousin and Friend HENRIETA MARIA R. St. Germanes 22th September Upon these Intreaties and Assurances he was made to change his purpose though he could not so easily part with his Melancholy thoughts which he expressed in this following Letter May it please Your Sacred Majesty THe Reasons You were pleased to offer to my Brother And writes to the King and Sir Robert Murray for diverting my Resolution of leaving Your Majesties Dominions at this time were I confess of strength enough to have fixed me in any place of the World where Your Majesties Service was concerned but now seeing Your Majesty hath honoured me so much as by Your Gracious Letter Your Self to shew me still Your dislike thereof how dare I dispute what Your Majesty thinks unfit and now Sir the Thoughts I formerly had of leaving as it were the World because I would not be a witness of what I feared Your Majesties Fall since as I conceive I could not be instrumental to Your Service or Preservation upon the Grounds Your Majesty went on shall be changed into a Resolution of being most miserable in Your Dominions if it shall not please God to deliver You out of those Difficulties Your Majesty is in for I take God to witness upon Your Happiness depends my greatest worldly Ioy how unfortunately soever I have of late been misunderstood And though I cannot promise my self so much good Fortune as to prove useful to Your Majesty yet I dare and do engage for a cheerful Willingness and perfect Fidelity in Your Majesties Service and trust that God in his Mercy will so direct Your Majesty as by timeously granting the now necessary and most pressing Demands of Your Kingdoms the great Evils will be prevented that threaten Your Sacred Self the Queens Majesty and Your Royal Posterity and likewise that of having any other Guard to attend Your Royal Person than such as shall be approved of by You or Your Majesties being necessitated to retire into Scotland vpon the return of the Scotish Army where I apprehend Your Majesties Entertainment will not answer Your Expectation nor prove at all advantagious to Your Service More I will not presume to say but shall really study in all things to serve Your Majesty and ever give such ready Obedience to Your Commands as becometh Your Majesties most faithful most loyal and most obedient Subject and Servant HAMILTON Kinneel 6th Octob. 1646. A day or two after His Majesty received this Letter He wrote the following Letter to my Lord Lanerick the Post-script whereof seems to relate to the Letter he had received from his Brother Lanerick BEfore now I had not matter to write to you and now I have so much that I shall say the less leaving this inclosed to speak for me But thus much I must assure you of that I have herein gone the utmost length as you call it to give all possible Satisfaction for upon my word one jot further cannot be gone by Your most assured real constant Friend CHARLES R. Newcastle 15th Octob. 1646. POSTSCRIPT Tell your Brother that it were a fault to him to trouble my Self in Complementing with him and indeed to either of you any ways to doubt but that you will make the best use you may of what I now send you for my Service The inclosed Paper is to be found among His Majesties printed Messages to the Two Houses and therefore it is not inserted here But the satisfaction the King had in the Dukes consenting to stay still in Scotland appears by the end of the next Letter he wrote to himself Hamilton THis is rather to perform my Promise to a Lady than that I believe it to be needful in respect of you for I know you naturally so much favour all my Friends and know so well the great Estimation I have of the Earl of Brainford beside what hath been told you concerning him by your Brother Lanerick by my Directions that I am certain without this you will favour his business what you can and since I am writing I must say that there is no particular Mans business wherein you can give me so much Contentment as this of which I need say no more but only that you will shew his Wife that my Recommendation to you of her Lords Affairs is real and hearty Nor can I end this without taking notice to you of the Contentment I had that my last Letter to you had the wished for operation for besides the obtaining my end which several ways is satisfactorily useful to Me I see that all men have not forsaken Reason or at least that I am sometimes in the Right as I am confident you will make appear the great Reason I have to be Your most assured real constant Friend CHARLES R. But to return to Publick Affairs the Duke at his coming to Scotland The Duke labours to engage Scotland for a Personal Treaty procured new Instructions to be sent to their Commissioners at London to press a Personal Treaty and that the King might be with Safety and Honour in England and that it might be declared that the Government of England should still continue according to the Fundamental Laws The chief business at Westminster was to be rid of their Brethren of Scotland wherefore they fell a-treating about the Removal of the Army and the Delivery of the Garrisons The Scots demanded five hundred thousand pounds Sterlâ—ng and of that Sum two hundred thousand pound
to give a full and particular Answer to every Branch of them But the more He considers the nature of them together with the high Importance and variety contained therein not without some ambiguity as well in the several Propositions as also in comparing the one with the other so much the more He finds it necessary to desire the help of Explanation Debate and Conference concerning some of them as he touched in His Paper whereby His Vnderstanding may be informed in those things which as yet are not clear to Him His Reason may be more fully convinced and His Conscience so satisfied that without offence to either of them He may make such a particular distinct Answer as may best attain His Desires of satisfying them and though for the present His Majesty at this distance from His Two Houses wants the view of many necessary Papers and other Assistances yet at what disadvantage soever He will apply Himself to give all the satisfaction that is in His power desiring He may not be mis-interpreted in any thing He shall say or omit His Majesties Answer to the first Proposition is That upon His Majesties coming to London He will heartily joyn in all that shall concern the Honour of His two Kingdoms or the Assembly of Estates of Scotland or of the Commissioners or Deputies of either of them and particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tenderness will look upon those things which concern His Majesties Honour Concerning all the Propositions touching Religion His Majesty says that He has often and solemnly professed His Opinion concerning Episcopacy to which He refers Himself yet considering the present Distractions about Religion which are so great and of that nature that Perswasion as well as Power must be used to restore that happy Tranquillity which the Church of England hath lately and miserably lost for certainly Violence and Persecution never was nor will be found a right way to settle mens Consciences His Majesty proposes that He will confirm the Presbyterian Government for Three Years being the time set down by the Two Houses that is to say that during the said time the Church be governed by Classical and Congregational Elderships National and Provincial Assemblies with their respective Subordinations with such Forbearance to those who through scruple of Conscience cannot in every thing practise according to the said Rules as may consist with the Rule of the Word of God and the Peace of the Kingdom and that the Office of Ruling-Elders the Power of Elderships to suspend from the Sacrament of the Lords Supper ignorant and scandalous Persons be all settled by Act of Parliament for the aforesaid Term as also that the Directory be by the same way authorized for the same time so that His Majesty and His Houshold be not hindred from using that Form of Gods Service which they have formerly done and also that in the mean time and with all convenient speed a Committee be chosen of Both Houses to have a free Consultation and Debate with the Assembly â—f Divines being also willing the said Assembly shall be authorized to sit for the space of the said Three Years twenty more being added of His Majesties Nomination how the Church shall be settled and governed at the end of Three Years or sooner if Differences may be agreed Also it is to be understood that those Committees shall have no Power but of hearing debating and reporting the better to prepare all these Differences for the Determination of His Majesty and the Two Houses To the Seventh and Eighth Propositions His Majesty will consent To the Ninth Proposition His Majesty doubts not but to give good satisfaction when He shall be particularly informed how the said Penalties shall be levyed and disposed To the Tenth His Majesties Answer is That He is and hath been always willing to prevent the Practices of Papists and therefore is content to pass an Act of Parliament for that purpose as also that the Laws against them may be duely executed His Majesty will give His consent to the Act for the strict Observance of the Lords Day for the suppressing of Innovations and those concerning the Preaching of Gods Word and touching Non-residencies and Pluralities And His Majesty will be willing to pass such an Act or Acts as shall be requisite to raise Moneys for the payment and satisfaction of all Publick and past Debts expecting that His also will be therein included As to the Proposition concerning the Militia though His Majesty cannot consent to it in terminis as it is proposed because thereby as He conceives He wholly devests Himself of the Power of the Sword intrusted to Him by God and the Laws of the Land for the Protection and Government of His People and placeth the same in effect for ever in the Two Houses of Parliament thereby at once disinheriting His Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakening Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be only Security for the preservation of the Peace of this Kingdom after these unhappy Troubles and the due performance of all the Agreements that now are to be concluded which is desired which His Majesty always understood to be the case and hopes that â—erein He is not mistaken His Majesty will give abundant Satisfaction to which end He will consent by Act of Parliament That the whole Power of the Militia both by Sea and Land be in the Two Houses for the space of Ten Years and afterwards to return to its proper channel again as it was in the time of Queen Elizabeth and King James of blessed Memory And now His Majesty conjures His Two Houses of Parliament as they are English-men Christians and Lovers of Peace by the Duty which they owe to Him their King and by the bowels of Compassion which they have to their Fellow-Subjects that they will accept of these His Majesties Ofâ—ers whereby the joyful News of Peace may be again restored to this languishing Kingdom His Majesty will grant the same to the Kingdom of Scotland if it be desired touching the conservation of the Peace betwixt His two Kingdoms Touching Ireland His Majesty will give full satisfaction as to the managing of War and for Religion as in England Touching the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Qualifications Mollifications and Branches which follow in the Propositions His Majesty truly professes that He does not sufficiently understand divers things contained therein but this He sufficiently knows that a General Act of Oblivion is the best Bond of Peace and that after intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons with none or very few Exceptions whereby the numerous Discontentments of
over-â—wed both Parliament and City they began to levy new Forces but assoon as they withdrew from London the Citizens of London came in great numbers to Westminster and petitioned to have their Militia settled again according to their former Votes which being granted the Parliament next day was at liberty and the Secluded Members returned About the end of Iuly the Earl of Lauderdale going to wait on His Majesty who was then at Wooburn was not only hindred access but by the Violence of the Souldiers carried away and say or complain what he would of the Violation of the Treaty with Scotland and the Law of Nations by that Affront put upon a Publick Minister of another Kingdom he could not prevail but was forced to be gone After this the King was Voted to come to London But the Army instead of Obedience came thither again and by the interposition of some treacherous People got the City surrendred to them whereupon they marched through it in Triumph with Lawrels in their Hats and came to Westminster bringing with them the two Speakers and some other Members of their Party who had run away from the Parliament pretending Fear though no appearance of it had been in the Proceedings of the Parliament Fairfax was declared Captain-General of all England Constable of the Tower of London and Commander of all the Garisons and then they fell to the Purging of the House And besides the forcing the eleven Members to flee seven of the Lords were also impeached and all Orders that past in the absence of the Speakers were repealed yet this was not carried but upon a fortnights Debate Divers of the City of London with the Mayor and some Aldermen were likewise charged and imprisoned and all this was upon a general Accusation of their designs to raise a new War Those in Scotland being advertised by their Commissioners of all that passed failed not to make good use of it This is resented in Scotland to stir up the Affection and Duty of all to appear for His Majesty which prevailed generally and even the Ministers begun both from their Pulpits and by their Remonstrances to complain of the Prevailings of the Sectarian Party and of the Force that was put on the Kings Person But the old language of the Covenant and Presbytery was still in their mouths yet all were pretty forward for a real Resentment of the late Disorders in England Only Mr. George Gillespie who was indeed of good parts but bold beyond all measure withstood these Inclinations and represented that the greatest Danger to Religion was to be feared from the King and the Malignant Party He was suspected of correspondence with the Sectaries which some Letters in my hand written in Cypher give good grounds to believe Certain it is that he proved a very ill instrument and marred that great Design by which all former Errors might have been corrected Thus as the Duke and his Friends designs began to appear there was a violent Party no less careful to withstand them Therefore it was not judged fitting the Duke should leave Scotland his Service in it being greater than any he could do in England besides his being a Peer in England made him more obnoxious to their fury than any other Scotchman could be But His Majesties Concessions about Religion pinched them much and the Liberty offered to Tender Consciences did very much disgust the Scotish Clergy for in Scotland a Toleration was little less odious than Episcopacy and nothing but Presbytery would satisfie them In the end of August they sent Mr. Lesley to His Majesty to represent the State of Affairs in Scotland according to the following Instructions The Duke sends a Message to the King YOu shall shew what Endeavours have been used to incense this Kingdom against the Proceedings of the Army under the Command of Sir Thomas Fairfax witness George Windram 's Relation the Declaration of the General Assembly and the Voice of the daily cryes from the Pulpit You shall represent what Industry was used to precipitate a present Engagement upon the grounds of the Covenant and for Settling Presbyterial Government in England who were the pressers and who were the opposers of it You shall shew what Pains were taken by the moderate Party here to procure the sending of Commissioners to His Majesty and the Parliament thereby to procrastinate and delay all Resolutions till their return or a report from them which will probably consume the rest of this Summer and for this Year prevent a new War except upon eminent advantage You are therefore to represent how necessary it is for preventing Prejudices from hence that a free Passage and all other Encouragements be given to those who are now to be employed if that shall be refused or the Law of Nations in their Persons violated a Breach betwixt the Kingdoms cannot be longer prevented You shall shew that if it had not been for His Majesties Commands to the Moderate Party here a Scotish Army had e're this time been in England which so long as His Majesty is well used they are hopeful to prevent but if His re-establishing be delayed a greater Army than ever Scotland raised will own His Quarrel You shall shew that the Instructions now given to our Commissioners who Treat with the Parliament are only Generals the chief whereof is That His Majesty be again invited to come to London with Honour Freedom and Safety the delay whereof is exceedingly ill taken here and nothing would give so general satisfaction to this Kingdom nor more stop the mouths of Incendiaries than that His Majesty were so at London You shall shew that the Message that was to be sent to His Majesty was only to represent to Him the constant Affection of this Kingdom their longings to see Him re-established in His Throne their Resolutions never to withdraw themselves from under His Government and their Desires to know immediately from Himself in what Condition He is since the Safety of this Kingdom so much depends upon the Safety of His Person You shall shew that the Disorders in the High-lands are now composed and our Army is to be scattered in several quarters through the whole Shires of the Kingdom With these Instructions My Lord Lanerick wrote what follows to His Majesty Sir SInce eminent Advantages for Your Majesties Service could not at this time be procured but at the old rate of satisfaction in Religion and the Covenant our Study hath been to prevent Prejudices and Disservices wherein our endeavours have not proved unsuccessful though â—ven in that we met with extraordinary Opposition The Particulars will be shewed to Your Majesty by the Bearer with the humble sense and advice upon the whole as it now stands in relation to this Kingdom of Your Majesties most humble most faithful most loyal and most obedient Subject and Servant LANERICK Edinburgh 23th August 1647. To which His Majesty answered Lanerick I Very much like and approve of Robin
urge more out of my Duty to Him than kindness to our selves The next was of the 24th of April 1648. SInce my last to you I have received yours of the 18th and 22th of the last Moneth We have made an indifferent good progress in our Parliament here for we have stated all the Breaches of Covenant and Treaties we have resolved upon some Demands to be sent to the Houses of Parliament for Religion for His Majesty and for Disbanding of the present Army of Sectaries and we have pressed a Declaration containing the Grounds of our Resolutions In order to all these we likewise Voted the present putting of this Kingdom into a posture of War and this Week we are to nominate and make choice of all the Officers of our Army The Church doth still violently oppose us and threatens us with cross Declarations if not the extremity of Church-Censures Argyle and his Party maintain them in their Obstinacy or rather they do him in his Disloyalty but neither the fear of their Curses nor want of their Prayers can fright us from our Duty so soon as we are ready to act which possibly may be sooner than you imagine The next was of the 28th of April to His Majesty MY last to you was of the 13th of this Moneth by the Conveyance of Doctor Frazer Since that time we have perfected what was then designed for we have made choice of all the Officers of our Forces wherein we have been forced to spend much time and the next Week we intend to model our Army for England which we hope shall be upon the Borders against the 21th of the next Moneth which is the time limited for the Return of our Messenger from London who this day parts from hence with the three Demands to the Houses of Parliament wherof my last made mention and with a positive Command to stay only 15 days for his Answer We intend likewise in the beginning of the next Week to dispatch Sir William Fleming to the Queen and Prince to give them an account of our Proceedings and to know his Highness's Resolution concerning his coming hither and to desire the present sending of Arms and Ammunition to us whereof we are absolutely unprovided so that if the Queen or Prince of Orange to whom we beg Your Majesty would write do not supply us it will infinitely retard the Service We have passed a Declaration which is full of many rude Restrictions both in order to Your Majesty and Your faithful Servants But we are forced to them for the satisfaction of the Nice Consciences of the Clergy and their Proselytes whom we find still so inflexible that nothing can perswade them to a Conjunction with us in the Work on the contrary we meet with all imaginable Opposition from them yet as we have carried the Declaration and all that is yet done against their strongest Endeavours so we hope in despight of them to be Instruments in accomplishing the chief end it drives at which is Your Majesties Rest and Restauration Our next will certainly bring you the Knowledg of some Acting in order to that which we dare not hazard to this Cypher lest there may be more Copies of it than what we have with Your Majesty The slowness of their Motions in Scotland begun to give great Jealousies of their Proceedings every-where Jealousies of the Scotish Proceedings At Paris the Prince was much courted to go to Ireland but he resolved rather to go to Scotland and designed to go first to Holland Yet there were some about him who studied to give him ill Impressions of all that passed in Scotland grounding them on the old Calumnies that had been cast on the Duke and on the slowness of their Procedure at that time in Scotland together with the extraordinary Cajolery they gave the Church-party all which were made use of for alienating his Highness from that Resolution But he resolved to obey the Kings Commands and sent them new Assurances of that by Sir William Fleming and to oblige the Duke the more a Book being dedicated to his Highness containing some passages much to the Dukes dishonour he refused to accept of it and ordered it to be called in While things were thus preparing in Scotland His Majesty in the Isle of Wight was contriving an Escape being resolved if it succeeded to have come to Scotland but the means failed oftener than once which being discovered made his Prison the straiter He was also courted under hand with new Propositions from the Parliament of England but refused to enter into any Treaty without the Concurrence of the Scotish Nation Yet it troubled him much to hear no more of the progress of their Designs on which all his Hopes were then set for in that disorderly time it was not easy to transmit frequent and clear accounts of all that passed At length having understood from Scotland what advance was made in that Affair he was satisfied with the Fidelity of those he had imployed there At London there went various Constructions on the Scotish Actions The Commissioners of the Two Houses that were at Edinburgh wrote up that the Church-party would undoubtedly keep the Duke and his Party in play at least that Year and that the zeal of the Ministers would make the Levies go slowly on they either believing this themselves or at least designing that others should do so At this time there was a great Inclination all over England to shake off the Armies Arbitrary Yoke Great Disorders in England Stirs were rising in every place The Duke with his other Friends in Scotland dealt earnestly with their Correspondents in England to get all kept quiet till they were ready to march that so there might be an universal Rising at once which would have undoubtedly divided the Army that was against them into so many Fractions as might make way for their easier Overthrow This Design was zealously promoted by many who saw the great advantage it might produce but many were too jealous of the Scotish Designs and so did precipitate their own Ruin Others apprehended from their Declarations that the Bondage would be the same only the Masters changed if they prevailed and this made the Kings Party resolve rather to perish than receive any help from the Scots on these terms Their slowness made others despair of their Sincerity and the reports of the Power of the Church-party made all suspect their Strength so the untimely Rising in England was the Ruin of this Years Design for they rose only to be destroyed and to animate the Army with those many Victories they obtained over them And as these Defeats did much discourage the Scotish Army so it forced them to march into England before they were ready and e're they had looked well to the Security of Affairs behind them The first Rising was by Poyer in Wales to whom Langhorn came within a little and Commanded most of the Country At Westminster as they understood the state
and persist in the Causes in the which you are now engaged contrary to the Declaration of the General Assembly and their Commissioners We do hereby certifie you that all who have been Active in the late Engagement as well those in England as those in this Kingdom and all such as have or shall hereafter joyn with you are to be declared Enemies to both Kingdoms and that this Kingdom will be necessitated to concur with the Kingdom of England for punishing them accordingly as breakers of the Covenant and Treaties We leave it to you seriously to consider whether the Ways and Courses you are upon be really for the good of the King and this Kingdom or a safe way for the relief of your Friends that are Prisoners in England Signed By Warrant and Command of the Noblemen Officers and Gentlemen now in Armes for the Covenant THO. HENDERSON Edinb 20th Sept. 1648. After some dayes treating upon the Heads wherein they differed the Treaty was finished upon the 26th of September those at Sterlin yielding to the Propositions made by the Whiggamors And it was agreed that the Irish Army should be suffered to march to Ireland and should have free Passage thither that none should be questioned for what was past only that all who had been in the Engagement should lay down their Offices and places of Trust and not be permitted to sit in any Judicatory and that all Publick Matters should be referred to the Determination of the Parliament and the General Assembly It was very soon after the closing of the Treaty remarked how small regard was had to it for the Troops being once dissipated and those who were to go to Ireland being on their March thither there came News that the Garrisons of Carrick-Fergus Belfast and Culrain belonging to the Scotish Army in Ireland under the Command of Major-General Robert Monro were basely betrayed under Trust by his own Officers and Countrey-men into the hands of General Monk for the Parliament of England This being spread about the people of the West Countrey fell upon those who were returning to Ireland plundered abused and dispersed them in their way betwixt Glasgow and Air and after a few days a Proclamation was issued out at Edinbourgh commanding all persons who had been in the Army designed by the name of the unlawful Engagement to remove at least twelve Miles from Town under pain of Imprisonment Cromwell being on his way thither And thus ended the design of the Engagement gallantly undertaken and well contrived but unfortunately and fatally brought to nothing The Whiggamors having now possessed themselves of the Power their Leaders did constitute themselves into a Committee of Estates for hitherto they had acted in no Legal Character There were divers among them who were by Authority of Parliament commissionated to be of the Committee of Estates but with this express Provision that they should not be capable of Sitting there till they had owned the Resolutions and Declarations of the Parliament for divers of those who dissented were named to be of the Committee that so there might be a fair way for bringing them off from their Opposition But now all these without regarding that Provision pretended they were a Quorum of the Committee of Estates and that so they were warranted by Authority of Parliament to Act in that Supreme Authority They sent a Message to the King in their usual style and were very careful to give no Umbrage to the Parliament of England and so not only entertained Cromwell with all the expressions of Friendship and Confidence imaginable delivering Berwick and Carlisle to him but sent Commissioners with the following Instructions to the Two Houses YOu shall repair to London and deliver our Letter to the Honourable Houses of the Parliament of England Their Instructions to the Two Houses You shall excuse the long delay in sending to them and in the mean time let them know we hold Correspondence with the Commander in Chief of their Forces You shall give them a Narrative of our whole Proceedings according to the Declaration of the Kirk and our own particularly you shall acquaint them with our Proceedings in opposition to the late unlawful Engagement and what Industry was used on the other part for the Election of Malignants to be Members of Parliament and how unlawfully some were admitted to sit in Parliament and great numbers of Malignants were brought in from England to over-awe the honest Party and how many of the Army were corrupted And you shall further represent particularly the great Sufferings and Oppressions of honest men and that before they heard any thing of the Defeat of the Forces under Duke Hamilton in England they had resolved on the manner and time of their Rising in Arms here in this Kingdom against the Promoters and Abettors of that Engagement and their Adherents You shall also shew them the result of the Treaty betwixt us and those Armies about Sterlin and how useful their Forces have been to us by being at so near a distance You shall endeavour to take away all Mis-information or Mis-constructions of any of our former Proceedings and settle a good Vnderstanding betwixt them and the honest protesting Party in Scotland and you shall show them the continued evil Principles Malice and Designs of the Malignant Party in this Kingdom yet to trouble our Peace and interrupt theirs and as they call it not to live and outlive the not carrying on so pious and loyal an Engagement and that some of them are going to Holland with an intention as we are informed to bring over Forces if they can therefore we have caused deliver Berwick to be disposed of for the Good of both Kingdoms and given the like Warrant for Carlisle and that it is also surrendred or presently to surrender for the use foresaid So we agree during these Troubles until the Peace of this Kingdom be settled that the Honourable Houses may keep some Forces upon the Borders and sufficient Garrisons in them both upon a twofold assurance First that in case any new Troubles be raised in Scotland by the Malignants both they and the Forces about Newcastle have Directions from the Parliament to come unto Scotland to pursue the Common Enemy when they shall be desired by the Committee of Estates as it is now constituted of the Protesting Party in Scotland and Secondly that the Parliament shall remove all Garrisons out of those two Towns and from our Borders and put them in the Condition agreed on by the Treaties betwixt both Kingdoms whensoever the Troubles are at an end and the Peace of the Kingdoms settled You shall shew how desirous and willing we are to harken to any good Overture that may conduce to prevent any such-like Breaches again betwixt the Two Nations and that it may not be in the power of Malignants again either to seduce or to enforce upon the People the like Sin and Snare and for mutual Consultation we think it expedient
only was her Honour unstained but even her Fame continued untouched with Calumny she being so strict to the severest Rules as never to admit of those Follies which pass in that style for Gallantry She was a most affectionate and dutiful Wife and used to say she had the greatest reason to bless God for having given her such a Husband whom as she loved perfectly so she was not ashamed to obey But that which crowned all her other Perfections was the deep sense she had of Religion she lived and died in the Communion of the Church of England and was a very devout person Many years before her death she was so exact in observing her Retirements to her Closet that notwithstanding all her Avocations and the Divertisements of the Court as the Writer was informed by one that lived with her no day passed over her without bestowing large portions of her time on them beside her constant attendance on the Chappel She bore first three Daughters and then three Sons her Daughters were Lady Mary Lady Anne and Lady Susanna her Sons were Charles Iames and William but all her Sons and her eldest Daughter died young A year before she died she languished which ended in a Consumption of which after a few Moneths sickness she died so that she prepared for Death timeously About a Moneth before her death she called for her Children and gave them her last Blessings and Embraces ordering them to be brought no more near her lest the sight of them might have kindled too much tenderness in her which she was then studying to raise above all created objects and fix where she was shortly to be admitted She died the tenth of May in the year 1638 and left her Lord a most sad and afflicted person and though his Spirit was too great to sink under any burden yet all his Life after he remembred her with much tender Affection She died indeed in a good time for her own Repose when her Lord was beginning to engage in the Affairs of Scotland which proved so fatal both to his Quiet and Life But the Distractions of the following years concurring with the affectionate Remembrance of his Lady which rather increased than abated with time kept him from the thoughts of re-engaging in a married life Neither did the death of his Sons shake him from that purpose since he had so noble a Successor secured for his Family in the person of his Brother and next to him he had two Daughters who were dear to him far beyond the ordinary rate of Children on whom he got his Dignity and Fortune entailed in case his Brother died without Sons His Religion was Protestant and Reformed and as he was a Zealous Enemy to Popery so he was no less earnest for a good Correspondence among all the Reformed Churches His Religion in particular betwixt the Lutherans and Calvinists and therefore was a Great Patron and Promoter of the designs of Mr. Dury who bestowed so much of his travel and so many of his years in driving on that desired Union for I find by many of Dury's Letters to him that as he owed a great part of his Subsistence to the Money and Places were procured for him by the Duke both from the King and my Lord of Canterbury so his best Addresses to the Swedish Court and the Princes of Germany were those he had from him and therefore he continued giving him an account of his success as to his Patron and Benefactor As for our unhappy Differences which have divided this Island he judged neither the one nor the other worth the Blood was shed in the Quarrel and the excess he had seen on both hands cured him from being a Zealot for either He was disâ—atisfied with the Courses some of the Bishops had followed before the Troubles began and could not but impute their first Rise to the Provocations had been given by them but he was no less offended with the violent spirits of most of the Covenanters particularly with their opposition to the Royal Authority As long as the King employed him for the preservation of Episcopacy he served him faithfully and though afterwards he pressed him much for his consent to the Abolition of that Government in Scotland it was not from any Prejudice himself had at it but flowed only from the Affection he had to His Majesty since he saw it could not have been preserved at that time without very visible hazard both to King and Countrey and so he took the National Covenant at the Kings Command Anno 1641 in the Parliament of Scotland He was all his life a great honourer of true Piety where-ever he saw it notwithstanding any mistakes that might have been mingled with it so that whatsoever particular ground of Resentments he had at any who he judged feared God the consideration of that did overcome and stifle it but his first Imprisonment in the year 1643 was the happiest time of his Life to him for there he had a truer prospect of all things set before him which wrought a Change on him discernible by those who knew him best This made him frequently acknowledge Gods great Goodness to him in that Restraint for then he learned to despise at the foolish pleasures of Sin and the debasing vanities of a false World which had formerly possessed too great a Room in his thoughts It is true he chose to be Religious in secret and therefore gave no other vent to it in his Discourse than what he judged himself obliged to which was chiefly to his Children to whom he always recommended the Fear and Love of God as that wherein himself had found his only Joy and Repose The following words are a part of one of his Letters to them which he wrote a little before his last going to England IN all crosses even of the highest nature there is no other remedy but Patience and with alacrity to submit to the good-will and pleasure of our Glorious Creator and be contented therewith which I advise you to learn in your tender Age having injoyed that Blessing my self and found great Câ—mfort in it while involved in the middle of infinite Dangers He was a constant Reader of the Scriptures and during his Imprisonment they were his only Companions other books being for a great while denied him and he making a vertue of that necessity became a diligent and serious Reader of those holy Oracles and studied to take the measures of his Actions from them and not from the foolish Dreams and Conjectures of Astrology though the enquiring after and taking notice of these be among the injurious Imputations Obloquy fastened upon him But so far was he from any regard to them that an Astrologer coming to him in Germany with a Paper wherein he said he should read a noble Fortune he after he had sent him away threw it into the fire without once openinâ— it and indeed he was so far from flattering himself with the
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
in his Breast Nothing did so much support his spirit under the heavy Pressure that lay over it as the desire he had to preserve his Life for His Majesties Service of which he was prodigal when he saw it useless to his Master for his Life had been of a great while burdensome to him and indeed it was no wonder to see Death so welcome to one who had so little reason to desire to live and so much ground to hope in Death for when the Tossings and unjust unmerciful Usage he met with in those years he survived his Brother are well looked into it is a wonder they forced him not unto the horridest Resolutions imaginable I use his own words and to pursue private and publick Injuries with a mortal Resentment yet his zeal for the Kings Service and the Countries Quiet over-ruled all other thoughts From Scotland he went to Holland where he was scarce landed when he heard the sad and dismal news of the Kings Murder nor had he recovered of the extreme Grief that raised in him when he heard likewise how his Brother was murthered which afflicted him beyond expression nor did any thing grieve him more than his laying down Arms at Sterlin for when he saw too late how they had been abused in it he censured it more severely than any of his Enemies could do He was ill used by his Enemies and the Preachers In Scotland the Parliament if that Meeting could ever deserve that name wherein there were scarce any of the Nobility present not only condemned the Engagement for the King but passed an Act against all the Engagers ranking them in several Classes whence it got the name of an Act of Classes whereby they were excluded from all Offices publick Trust and Vote in Parliament nor were they ever to be admitted to Trust till they had satisfied the Church by a publick profession of their Repentance for their accession to the unlawful Engagement as it was then called and were by them recommended to the favour of the State and those that ruled were resolved to readmit none but such as would depend on them and adhere to their Interests They were also particularly severe to the Duke for breaking Confinement and leaving Scotland without their Pass The Duke upon his arrival in Holland offered his Service to his Master our Gracious Soveraign who now Reigns which he received and entertained with so much Royal Goodness as if the Affection and Confidence of their Masters had been the Inheritance of these Brothers and what the late King was to the Elder his Majesty was to the Younger who continues to this day to honour his Memory with the highest Commendations And indeed his Royal Favour was not misplaced on one that was either unsensible or ungrateful for never Subject served Master with more Honesty Zeal and Affection so that no consideration either of Hope or Fear wrought so much on him as the Affection he bore his Master neither expressed he anxiety for any thing at his Death save for His Majesties Person fearing lest he might fall into their cruel hands whom he knew to be thirsting for his Blood He stayed in the Netherlands till His Majesty came to Scotland He adviseth the King to settle with Scotland and though those that governed there were so much his Enemies that they would have the King stand to their Act of Classes and made that one of the Articles of their Treaty at Breda yet the Duke seeing the desperate posture the Kings Affairs were in and that no visible hope remained unless His Majesty settled fully with Scotland was not only satisfied to consent to that severe Demand but did earnestly press His Majesty to agree with that Kingdom whatever might become of him Many were for extremer Methods and pressed the Duke to concur for making a forcible Impression upon Scotland but he well foresaw the mischief of that Course and how little could be promised from it for as no great Concurrence could be expected in the condition things were then driven to so all that could follow even on a little success was to expose the Country to the rage of a prevailing Army from England against which Scotland entirely united would have had work enough though it had not been weakned by a Civil War and therefore he was against all Divisions which might also have tempted the prevailing Party to joyn with the English Army The Treaty with the Scotish Commissioners was held at Breda where things stuck long their Demands being very high and uneasy to the King The chief of the Commissioners was the Earl of Cassilis who did truly love the King and Kingly Government so that when the Usurpation proved sucessful by the Conquest of Scotland afterwards though Usurper studied by the greatest Offers he could make to gain him to his Party considering the high esteem he was in for his Piety and Vertue could never prevail so far as to make him advance one step towards him even in outward Civilities yet he was a most zealous Covenanter but of so severe a Vertue and so exactly strict to every thing in which he judged his Honour or Conscience concerned that he would not abate an ace of his Instructions but stood his ground so that nothing could beat or draw him out of it But he did it with so much Fairness and Candor that the King though troubled enough with the difficulties that bred him yet was much taken with the Openness of his Proceeding with him and conceived so high an Opinion of his Fidelity to him that nothing could ever chaâ—ge or lessen it so so excellent a thing is Ingenuity that it begets an esteem wherever it is to be found even when we are most displeased with the Instances in which it appears The next in the Commission was the Earl of Lothian who though he was deeply engaged in Friendship and Interests with the Marquis of Argyle yet was of a Noble Temper had great Parts and a high sense of Honour The other Commissioners depended on them and went easily along with them in what they agreed to The Commissioners seeing the good Offices the Duke did were willing he should return with his Majesty to Scotland Anno 1650 and enjoy the common Priviledges of Scotchmen only be secluded from all publick Trust and from his Vote in Parliament But the leading-men in Scotland judged it necessary for the Peace of that Kingdom that the Duke might not return with His Majesty and sent Orders for stopping his Voyage These Orders came not to Holland before most of the Commissioners were aboard only the Earls of Cassilis and Lothian were ashore when they got them they were much troubled to get such severe Commands obliging them to break the Treaty they had so lately signed But since most of their fellow-Commissioners were gone But is put from His Majesty at his return to Scotland and they without them made not a Quorum they could do nothing so
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