safety of Religion Kirk and Commonwealth depends much upon the comfortable assistance which all of them daily receive from Royal Iustice and Authority we protest and promise with our Hearts under the Obligation of the same Oath to defend not only this our Religion but the Kings Majesties Sacred Person and Authority as also the Laws and Liberties of this our Country under His Majesties Soveraign Power with our best Counsels Bodies Goods and whole Estates according to the Laws and against all sorts of persons and in all things whatsoever and likewise mutually to defend our selves and one another in this abovementioned Cause under the same obligation But while the Marquis was busie at Court procuring this Gracious Answer to their Demands and while His Majesty was condescending to such extraordinary Favours to them the Covenanters in Scotland were going on The Covenanters are very busie in Scotland posting up and down the Country for more Subscriptions to the Covenant and because the North continued firm to their Duty some Noblemen and Ministers went thither to draw them to their Party and on the 23d of Iuly they came to Aberdeen where there was a company of worthy and learned Doctors and Professors But the Covenanters welcome there was so cold all the Subscriptions they got being but 19 or 20 and they were not admitted to preach in the publick Churches which made them preach in the Court of the Earl Marshal's Lodgings that they went away full of fury and threats against that Place and this gave the rise to that Debate which followed betwixt the Doctors of Aberdeen and those Ministers Debates betwixt the Doctors in Aberdeen and them which the Learned Doctors managed with so great advantage as did not a little confound the whole Party and the Ministers being pinched by them about the lawfulness of combining without warrant of Authority alledged that my Lord Commissioner was satisfied with the Covenant upon the offer of that Explication was mentioned formerly But the falshood of this Calumny was cast back on them with shame by him at his return for as he had never expressed any satisfaction with their Covenant so all the ground they had for that was because according to the Kings Order he had treated about that Explication to gain time He brought along with him to Scotland Dean Balcanqual Doctor Balcanqual comes to Scotland a man of great parts of subtil wit and so eloquent a Preacher that he seldom preached in Scotland without drawing Tears from the Auditors Him the Marquis intended to make use of as his Council in Church-affairs which Trust he discharged faithfully and diligently and received those Informations which were made publick in the large Declaration penned by him The Marquis came to Holyroodhouse on the tenth of August and found things in a much worse posture than he had left them and that the Flames were growing almost past quenching for at a Convention of Burroughs a few days before they had enacted The Covenanters high resolutions That none might be Magistrates or bear Office in any Burrough except he had first taken the Covenant and the Covenanters were resolved that Bishops should have no Vote in the Assembly unless they were chosen by a Presbytery and they were sure that should not be They were resolved to abolish Episcopacy and to declare it unlawful and excommunicate if not all yet most of the Bishops they were resolved to condemn the Articles of Perth and discharge Bishops to Vote in Parliament they were also resolved to ordain all under pain of Excommunication to sign the Covenant and to shew they meant to break out into Hostility they were beginning to levy men in several places But to make sure work of the Assembly they fell on a new device of Lay-elders to be chosen Commissioners who should be men of the greatest power and interest whereby they doubted not to carry all things and because in a Meeting at Edinburgh of Ministers being 120 in number about four parts of five were only for limiting of Episcopacy it was resolved by the Iunto that none of these should be Commissioners The Marquis being surprized with so great a change of the State of Affairs gave account of all these inconveniences to His Majesty and resolved not to proceed to call a General Assembly since he saw what effects it was like to produce till he first went and acquainted His Majesty with these hazards On the 13th of August the Covenanters came to demand his Answer The Marquis makes known His Majesties intentions he told them he had a clear and full Answer to give them but desired to be excused till he first communicated it to the Council which was to sit next day So they were satisfied for that time and on the fourteenth he held a Council where he delivered His Majesties Answer in these Terms My Lords I Thought it fit to acquaint your Lordships before I returned His Majesties Answer to the Noblemen and others petitioning for the same which is so full of Grace and Goodness that we have all cause to bless God and thank His Majesty for it such is his tender care of this poor distracted Kingdom that he will leave nothing undone that can be expected from a Iust Prince to save us from Ruine and since he finds such Distraction in the Church and State that they cannot be well settled without a Parliament and Assembly the state of the Country and business being prepared for it he hath given me Warrant for calling of both that they may be orderly held as formerly they have been according to the Laws and Customs of the Kingdom And further I am to declare to your Lordships that this we are to attribute only to His Goodness for we cannot but acknowledge that our carriage hath been such as justly we might have expected that he would have taken another course with us which he was Royally and really prepared for had not His Mercy prevailed above His just Indignation and by a powerful and forcible way have taught us Obedience which he hath forborn to make use of meerly out of His Grace and Goodness It is our duty to let His Subjects know how great our obligation is to Him which every one of us in particular and all of us in general should strive to make every one sensible of and labour so far as lieth in our power to procure satisfaction to His Majesty and quiet to this distracted Church and State The day following he gave the Covenanters the same Answer with which they were no way satisfied But the Covenanters were not satisfied They asked what he meant by preparing of business he said it was to establish Order and Government again in the Country as it was before those Combustions and upon this he gave them a Note of those particulars His Majesty ordered to be settled and assured them immediately upon their Obedience he should indict an Assembly and Parliament as he was
instructed They continued treating about this till the 20th of August but still declined to execute those particulars that were commanded and threatned to call an Assembly and Parliament themselves wherefore the Marquis craved again the space of twenty days to go and bring an Answer from His Majesty which he did to gain more time and to shew the King into what extremities they were now run and that it was necessary He should immediately break with them or give way to the full Career of their zeal The Marquis goes again to Court and so he took Journey on the 25th to Court But the first night he stopped at Broxmouth to consider with the Earls of Traquair Roxburgh and Southesk what advice to offer His Majesty who agreed on the following Articles taken from the Original penned by Traquair Articles of advice offered to His Majesty SInce the cause and occasion of all the Distractions which of late have happened both in Kirk and Polity seems to proceed from the conceived Fears of Innovation of Religion and Laws and that the Service-Book Book of Canons and the unbounded power of Bishops in the High Commission never yet warranted by Law was that which first gave ground and occasion to the Subjects Fears and seeing the said Books are offered to be proved to be full of Tenets and Doctrines contrary to the Reformed Religion professed and established within this Kingdom and the same introduced against all form and custom practised in this Church it were an Act of Iustice well beseeming so Gracious and Glorious a King absolutely and fully to discharge the same And seeing likewise this High Commission hath given so great offence to so many of Your Majesties good Subjects and as is constantly affirmed is of so vast and illimited a power and contrary to express Laws by which all such Iudicatories not established by Act of Parliament are declared to be of no force it would much conduce to the satisfaction of this People if this Iudicatory were discharged till the same were established by Law The practice of the Five Articles of Perth hath been withstood by the most considerable part of the Subjects of all qualities both Laity and Clergy whereby great Divisions have been in this Church and are like to have an increase if Your Majesty in Your accustomed goodness and care of this poor Kirk and Kingdom shall not be graciously pleased to allow that the pressing of these Articles may be forborn until the same may be considered of in an Assembly and Parliament and although we conceive Episcopaâ—y to be a Church-Government most agreeable with Monarchy yet the illimited power which the Lords of the Clergy of this Kingdom have of late assumed to themselves in admitting and deposing of Ministers and in divers other of their Acts and Proceedings gives us just ground humbly to beg that Your Majesty may be pleased to remit to the Consideration of the Assembly this their unwarranted Power The sense and apprehension of these foresaid Evils hath sâ—irred up the Subjects without warrant of Authority to joyn in a Bond and Covenant to withstand the foresaid Innovations and for maintainance of the true Religion the Kings Majesties Person and of one another in the defence thereof If Your Majesty might be graciously pleased in supplement hereof to allow or warrant such a Confession of Faith with such a Covenant or Bond joyned thereto as that signed by Your Majesties Father and by His Command by the Council and most part of the Kingdom we are very confident the same would be a ready and forcible mean to quiet the present Disorders at least to satisfie most part and if Your Majesty shall condescend to the foresaid Propositions we are hopeful if not confident it shall give so great contenâ— to so considerable a number of Your Majesties good Subjects of all qualities that if any shall stand out or withstand Your Majesties Royal Pleasure after the publication thereof they may be overtaken by Your Majesties Power within this Kingdom without the help or assistance of any Force elsewhere And because it is to be hoped that all that hath past in this business and all the Courses that have been taken herein by the Subjects hath proceeded from the foresaid Fears of Innovations and not out of any Disloyalty or dissatisfaction to Soveraignty and that Your good People may still taste the fruits of Your Grace and Goodness we wish Your Majesty may be graciously pleased upon the Word of a King to pardon what is past and never so much as to take notice of any of the Actions or Proceedings of what person soever who after this shall carry himself as becomes a dutiful Subject and in testification thereof shall give his best assistance for settling the present Disorders And if Your Majesty may be pleased to condescend hereto we conceive all Your Majesties Subjects Petitioners or Covenanters should acquiesce and rest heartily satisfied therewith and if any shall be so foolish or mad as notwithstanding this Your Majesties grace and goodness still to disturb the Peace of Your Majesties Government we in testification of our hearty thankfulness to our Soveraign by these humbly and heartily make offer of our Lives and Fortunes for assisting Your Majesty or Your Commissioner in suppressing all such Insolences or insolent persons Signed Hamilton Traquair Roxburgh Southesk From Broxmouth he went forward to wait on His Majesty and did shew him that unless he enlarged his Instructions he was to treat no further The Marquis advises the King to renew King Iames his Covenant since he saw the Contempt was like to be put on the last Instructions so visibly that he durst not make use of them lest he should thereby have exposed His Majesties Goodness to new Affronts And as he represented this to His Majesty so he told him nothing seemed so likely a Course for removing of Jealousies and settling all things as the Authorising the Covenant that upon King Iames his command was drawn up by Mr. Iohn Craig An. 1580 containing the renunciation of all the Articles of Popery which was the ground of the present Covenant The King reasons against that His Majesty did utterly disrelish the Proposition of signing that Covenant usually called the Negative Confession for he remembred how his Father had resented his doing of that as rash and indeliberate And it seemed strange to him that so many Negatives should be sworn to especially with such aggravations of Epithets as if one might not be firm enough to the Protestant Doctrine unless he not only abjured Popery in bulk but also by retail in so many particulars some whereof might be both uncertain and indifferent And it seemed tyrannical over tender Consciences to require such an Oath from all Persons but more especially from Women and simple People who could not judge well and so were not fit to swear in such nice points therefore the King said he looked upon the Remedy proposed as full
not well but God forgive them with misconceits of His Intentions concerning the Religion professed in this Church and Kingdom But to rectifie all such Misconceptions of His Subjects His Majesties desire is that before this Assembly proceed to any thing else His Subjects may receive ample and clear satisfaction in these Points wherein His Majesties gracious Intentions have been misdoubted or glanced at by the malevolent Aspects of such as are afraid that His Majesties good Subjects should see His clear mind through any other Glasses or Spectacles than those they have tempered and fitted for them Those sinistrous Aspersions dispersed by surmizes have been especially two first as if there had been in His Majesty if not some Intention yet at least some inclination to give way if not to Alterations yet to some Innovations in the Religion professed in and established by the Laws of this Church and Kingdom I am confident that no man can harbour or retain any such thought in his breast any more when His Majesty hath commanded that Confession of Faith which you call the Negative to be subscribed by all His Subjects whatsoever and hath been Graciously pleased to put the Execution of this His Royal Command in your own hands The next false and indeed foul and devilish Surmize wherewith His good Subjects have been mis-led is that nothing promised in His Majesties last most Gracious Proclamation though most ungraciously received was ever intended to be performed nay not the Assembly it self but that only Time was to be gained till His Majesty by Arms might oppress this His Own Native Kingdom than which Report Hell it self could not have raised a blacker and falser For that part which concerneth the Report of the Intention of not holding the Assembly this Day and Place as was first promised and proclaimed thanks be to God confuteth that Calumny abundantly for the other of making good what His Majesty did promise in His last Gracious Proclamation His Majesty hath commanded me thus to express His Heart to all His good Subjects He hath seriously considered all the Grievances of His Subjects which have been presented to Him by all and several of their Petitions Remonstrances and Supplications exhibited unto Himself His Commissioner and Lords of His Secret Council and hath graciously granted them all and as He hath already granted as far as could be by Proclamation so he doth now desire that His Subjects may be assured of them by Acts of this General Assembly and afterwards by Acts of Parliament respectivé And therefore he not onely desires but commands that all the Particulars he hath promised be first gone in hand with in this Assembly and enacted and then afterwards what His Subjects shall desire being found reasonable may be next thought upon that so it may be known to God and the whole World and particularly to all His good Subjects how careful His Majesty is to discharge himself of all His Gracious Promises made to them hoping that when you shall see how Royally Graciously and Faithfully His Majesty hath dealt with you and all His Subjects you will likewise correspond in loyal and dutiful Obedience in chearful but calm and peaceable Proceeding in all other business to be treated of in this Assembly and because there shall be no mistake I shall now repeat the Particulars that you may see they are the same which were promised by His Majesties first Proclamation To this I shall adde the Paper of His Majesties Concessions taken from the Original wherein His Majesty had interlined and dashed out some things with his own Pen. CHARLES R. THe Kings Majesty being informed The Kings Oâ—fers to the Assembly that many of His good Subjects have apprehended that by the introduction of the Service-book and Book of Canons the in-bringing of Popery and Superstition hath been intended is Graciously pleased to discharge the said Books and to annul all Acts made for establishing thereof and for His good People their further satisfaction is Graciously pleased to declare by me that no other in that kind shall hereafter be introduced but in a fair and legal way of Assembly allowed by Act of Parliament and the Laws of this Kingdom The Kings Majesty as he conceived for the ease and benefit of the Subjects established the High Commission that thereby Iustice might be administred and the Faults and Errours of such persons as are made liable thereto taken order with and punished with the more convenience and less trouble to the People but finding His Gracious Intentions to be herein mistaken hath been pleased likeas he is Graciously content that the same be discharged with all Acts and Deeds made for the establishing thereof and is pleased to declare by me That that Court or Iudicatory nor no other of that nature shall be brought in hereafter but in that way allowed by the Laws of this Kingdom And the Kings Majesty being informed that the urging of the five Articles of Perth's Assembly hath bred Distraction in the Church and State hath been Graciously pleased to take the same into His consideration and for the quiet and peace of Church and State doth not onely dispense with the practice of the said Articles but also discharges and by these hath discharged all and whatsoever Persons from urging the practice thereof upon either Laick or Ecclesiastick person whatsoever and doth hereby free all His Subjects from all Censure and Pain whether Ecclesiastical or Secular for not urging practising or obeying them or any of them notwithstanding any thing contained in the Acts of Parliament or General Assembly to the contrary And because it is pretended that Oaths have been administred to Ministers at their entry contrary and differing from that which is set down in the Acts of Parliament His Majesty is pleased to declare and ordain that no other Oath shall be required of any Minister at his entry than that which is expresly set down in the Acts of Parliament and this He is content be considered of in the Assembly to be represented to the Estates of Parliament and enacted as they shall find expedient And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church neither any scandal vice or fault of any person whatsoever censurable or punishable by the Assembly go unpunished it is His Majesties Pleasure likeas by these His Majesty does assure all His good People that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require and to this purpose because it is probable that some things necessary for the present Estate and Good of this Church may be left unperfected at this present Assembly We do by these indict another Assembly to be holden at And that none of Our Subjects may have cause of Grievance against the Procedure of Prelats Our Pleasure is that all and every one of the present Bishops and their Successours shall be answerable and accordingly from time to
while you are on Earth and thereafter Crown you with eternal Happiness Time will permit me to say no more so the Lord bless guide and preserve you which is the Prayer of Your most loving Father HAMILTON St. James's 9th March 1649. Let this remember me to my dear Sisters Brothers and other Friends for it is all I write He did also apprehend that they might either be hindred to speak their Consciences freely on the Scaffold or that the noise and disorder there might make him be ill-heard or perhaps occasion disorder from the Souldiers which might provoke Passion or Discomposure and therefore delivered the following Speech before all in the Room which his Brother published from the Original he sent him I Know you that are here to be true and faithful to me I will therefore in your hearing say somewhat in order to my self His Speech before his Death and to my present Condition and give you also this Copy of it which after I am gone may perhaps be thought necessary to be published as the last Testimony of my Loyalty to my King for whom I now die and of my Affection to my Country for the pursuance of whose pious and loyal Commands I am now to suffer That my Religion hath always been and still is Orthodox I am confident no man doubts I shall not therefore need to say much to that particular only that I am of the true Reformed Protestant Religion as it is professed in the Church of Scotland I take God to witness that I have been constantly a loyal and faithful Subject and Servant to his late Majesty in spight of all Malice and Calumny I have had the honour since my Child-hood to attend and be near him till now of late and during all that time I observed in him as eminent Virtues and as little Vice as in any man I ever knew and I dare say he never harboured thought of countenancing Popery in any of his Dominions otherwise than was allowed by the Laws of England and that among all his Subjects there could not be found a better Protestant than himself and surely also he was free from having any intent to exercise any Tyranny or Absolute Power over his Subjects and that he hath been so unfortunate I rather impute the Cause of it to the sins of his People than to his own For my own part I do protest never to have swerved from that true Allegeance which was due to him and that hath constantly been payed to my Comfort I speak it to his Progenitors by my Ancestors for many Ages without spot or dishonour and I hope shall be still by my Successors to his Posterity I do heartily wish well to and pray for his Royal Issue and shall die a true and loyal Subject to his eldest Son Charles the Second the unquestionable King by right of all his Father's Kingdoms I hope though I do not live to see it that God's Justice and Goodness will in his own time establish him on the Throne of his Father which I doubt not some of you will see come to pass and I am confident till then and so long as men deeply plung'd in Guilt and Self-interest usurp Power and Government these Kingdoms will fall short either of Peace or any other permanent Happiness I speak this from my just Affection to the Royal Race and much Compassion to his Majesties Subjects but not from any Malice Anger or desire of Revenge against any for what I have or am to suffer for I forgive all men It is well known what Calumnies and Aspersions have been thrown upon me by men of several Parties and Interests not excepting those who would seem to carry much Affection to his late Majesty as if I had expressed Disservice or Disloyalty unto him the which how malicious and groundless they were I appeal to God who with my own Conscience clearly beareth witness of my Innocency therein and I shall beg Mercy from him to whom I am now to give an account of all my Thoughts and Actions as I have still had a faithful and loyal Heart to my Master It hath been a General Complaint that I perswaded His Majesty to pass the Act of continuing this Parliament I dispute not whether the doing of it at that time might have been reputed good or bad but surely it was not I that did perswade it Neither did I at all deal with His Majesty for his Consent to the Bill of Attainder for taking away the Life of the Earl of Strafford whose great Parts and Affection 't is known I highly valued yet some have been pleased to attribute to me the cause of that Concession but were His Majesty now living I am confident he would publickly clear me in both these as He hath been pleased many times in private formerly to do And truly I am not conscious to my self though I have been for many years a Privy-Councellour to him of ever giving him any Advice that tended to other ends as I conceived than the Good and Peace of His Majesty and His Dominions It hath been rumoured since my last Imprisonment that I should confess my self to be the greatest Instrument under His Majesty by making use of his Scotish Great Seal for authorizing the War in Ireland a Report so false and simple as in my opinion judicious and honest men will not believe it And truly as I am free from having hand therein in any manner of way so I am of nothing more confident than that His Majesty was also absolutely free thereof and that he was not in any case a Causer or Countenancer of those Irish Troubles I have been often examined touching Persons of several qualities within this Kingdom that as is supposed did invite into England the late Army from Scotland or promised Assistance after their coming and of late much Perswasion hath been used with me to that purpose as that upon my Discovery thereof depended the only means of my Preservation I will not say that I had any thing to reveal which would have been satisfactory but this I desire you to attest to the World that I have not accused or said any thing that may reflect on any man of what degree soever within the Kings Dominions and indeed it was so contrary to my Conscience and so derogatory to my Honour that if I had been able yet should I never have prejudiced any in that nature though it had been to save me a hundred Lives Touching that foul and senseless Slander that I betray'd the Army under my Conduct the care and pains I then took to prevent the loss of it and the near approach of my suffering for it will I suppose abundantly contradict this Aspersion I was satisfied with the Justness and Necessity of that Engagement upon the grounds of the Declaration of the Parliament of Scotland fearing then the sad Confusions which have since followed here both in Church and State and particularly the fatal Fall of
as also that many of the Covenanters were broken in their Estates so that if Justice were patent some of the most troublesom of them might be driven away but chiefly the settling them again in Edinburgh looked like a resolution of going on with a Treaty of which it was fit they should be persuaded till the King were in a good posture for reducing them He tried what assurance he might have of the Lords of the Session being fixed to their Duty Divers of them who were no ill-wishers to the Kings Authority yet durst not own it being threatned by the Covenanters of some he had all reason to hope well yet the greater part of that Court what through fear what through inclination was so biassed that he saw little hope of prevailing with the Colledge of Justice whether Judges or Lawyers to declare the Covenant seditious or treasonable and he was secure of none who sate on the Bench save Sir Robert Spottiswood President Sir Iohn Hay Clerk-Register and Sir Andrew Fletcher of Innerpeffer Halyburton of Fotherance and one or two more the first of these was among the most accomplished of his Nation equally singular for his Ability and Integrity but he was the Archbishop of S. Andrews his Son and so his Decision in that would have been of the less weight On the 16th of Iune the Covenanters came and presented their Petitions to the Marquis craving a present redress of their Grievances The Covenanters press speedy satisfaction otherwise they said they would be put off no longer by delays and they desired he would propose the matter to the Council and give them a speedy Answer He told them that His Majesty did resolve to call both an Assembly and Parliament for the redress of all Grievances but if this was not yet done they had nothing but the Disorders of the Country to blame for it which should be no sooner composed but all their Desires should be fully examined They went away no way satisfied with this Answer but the Marquis found all the Lords of Council inclined to the granting of what they demanded so that he durst call no Council about it lest they should have avowedly sided with the Covenanters of which he advertised His Majesty shewing him that persons of all ranks pressed him to represent to him that the Covenant was not illegal and that if His Majesty would allow of the Explication of the Bond of mutual Defence Many move that an Explanation of the Covenant might be received which they offered that they meant not thereby to derogate any thing from the Kings Authority for whom they were ready to hazard their Lives all might be settled without more trouble either to the King or Country and that otherwise it must needs end in Blood He desired His Majesty would consider well in what forwardness his Preparations were before he hazarded on a Rupture lest if they had the start of him all his faithful Servants in Scotland should be ruined ere he could come to their rescue England wanted not its own Discontents and they in Scotland seemed confident that they had many good Friends there France had not forgot the Isle of Rhea and had certainly a hand in cherishing those Broils in Scotland He also added the Covenanters resolution was upon the first Rupture to march into England and make that the seat of the War Upon all this he craved His Majesties Pleasure which he would punctually obey and ended begging pardon for the fair hopes he had given him in his last protesting that his desire of seeing Royal Authority again settled without a bloody Decision for which he was gladly willing to sacrifice his Life made him too easie sometimes to believe what he so earnestly desired Thus I give the most material Heads of the Marquis his Dispatches to His Majesty for though the Originals of them be in my hands yet they are not inserted both because of their being too long and too particular for publick view as also that the substance of them may be seen in the Kings Answers which for many reasons are set down at their full length But to this I shall adde a surprising thing that I find the Archbishop of S. Andrews was for accepting an Explanation of the Covenant for a draught of it yet remains under his Pen which follows The Archbishop of S. Andrews his draught of an Explanation WE the Noblemen Barons Burgesses Ministers and others that have joyned in a late Bond or Covenant for the maintaining of true Religion and purity of Gods Worship in this Kingdom having understood that Our Sovereign Lord the Kings Majesty is with this our doing highly offended as if we thereby had usurped His Majesties Authority and shaken off all Obedience to His Majesty and to His Laws for clearing our selves of that Imputation do hereby declare and in the presence of God Almighty solemnly protest that it did never so much as enter into our thoughts to derogate any thing from His Majesties Power and Authority Royal or to disobey and rebell against His Majesties Laws and that all our Proceedings hitherto by Petitioning Protesting Covenanting and whatsoever other way was and is onely for the maintaining of true Religion by us professed and with express reservation of our Obedience to His most Sacred Majesty most humbly beseeching His Majesty so to esteem and accept of us that he will be graciously pleased to call a National Assembly and Parliament for removing the Fears we have not without cause as we think conceived of introducing in this Church another form of Worship than what we have been accustomed with as likewise for satisfying our just Grievances and the settling of a constant and solid Order to be kept in all time coming as well in the Civil and Ecclesiastical Government which if we shall by the intercession of Your Grace obtain we faithfully promise according to our bounden duties to continue in His Majesties Obedience and at our utmost powers to procure the same during our Lives and for the same to rest and remain Your Graces obliged Servants c. His Majesties Answer follows Hamilton I Do not wonder though I am very sorry for your last Dispatch to which I shall answer nothing concerning what you have done or mean to doe because I have approved all and still desire you to believe I do so untill I shall contradict it with my own Hand What now I write is first to shew you in what Estate I am and then to have your Advice in some things My Train of Artillery consisting of 40 Peece of Ordnance with the appurtenances all Drakes half and more â—f which are to be drawn with one or two Horses apiece is in good forwardness and I hope will be ready within six weeks for I am sure there wants neither Money nor Materials to doe it with I have taken as good order as I can for the present for securing of Carlisle and Berwick but of this you
his Holy Water Baptizing of Bells conjuring of Spirits crossing saning anointing conjuring hallowing of Gods good Creatures with the superstitious opinion joyned therewith his worldly Monarchy and wicked Hierarchy his three solemn Vowes with all the shavellings of sundry sorts his erroneous and bloody Decrees made at Trent with all the Subscribers and Approvers of that cruel and bloody Bond conjured against the Kirk of God and finally we detest all his vain Allegories Rites Signs and Traditions brought into the Kirk without or against the Word of God and Doctrine of his true Reformed Kirk to the which we joyn our selves willingly in Doctrine Faith Religion Discipline and use of the Holy Sacraments as lively Members of the same in Christ our Head promising and swearing by the great Name of the Lord our God that we shall continue in obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of body and soul in the day of Gods fearful Iudgement and seeing that many are stirred up by Satan and that Roman Antichrist to promise swear subscribe and for a time use the Holy Sacrament in the Kirk deceitfully against their own Consciences minding hereby first under the external Cloak of Religion to corrupt and subverâ— secretly Gods true Religion within the Kirk and afterward where time may serve to become open enemies and persecuters of the same under vain hope of the Popes Dispensation devised against the Word of God to his greater confusion and their double Condemnation in the day of the Lord Jesus We therefore willing to take away all suspicion of hâ—pocrisie and such double-dealing with God and his Kirk protest and call the Searcher of all hearts to witness that our minds and hearts do fully agree with this our Confession Promise Oath and Subscription so that we are not moved for any worldly respect but are persuaded onely in our Consciences through the knowledge and love of Gods true Religion printed in our hearts by the Holy Spirit as we shall answer to him in the day when the secrets of all hearts shall be disclosed And because we perceive that the quietness and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majesty as upon a comfortable Instrument of Gods Mercy granted to this Country for the maintenance of his Kirk and ministration of Iustice among us we protest and promise with our hearts under the same Oath hand-writ and pains that we shall defend his Person and Authority with our Bodies and Lives in the defence of Christ his Evangel Liberties of our Country ministration of Iustice and punishment of Iniquity against all Enemies within this Realm or without as we desire our God to be a strong and merciful Defender to us in the day of our Death and coming of our Lord Jesus Christ to whom with the Father and the Holy Spirit be all Honour and Glory eternally Amen WE underscribing and considering the strait link and conjunction betwixt the true and Christian Religion presently profest within this Realm The Bond joyned to it and our Soveraign Lords Estate and Standing having both the self-same Friends and common Enemies and subject to the like event of standing and decay weighing therewithall the imminent danger threatned to the said Religion the Preservation whereof being dearer to us than whatsoever we have dearest to us in this Life and finding in His Majesty a most Honourable and Christian Resolution to manifest Himself to the World that zealous and religious Prince which he hath hitherto professed and to imploy the means and power that God hath put into his hands as well to the withstanding of whatsoever foreign Force shall mean within this Land for alteration of the said Religion or endangering of the present State as to the repressing of the inward Enemies thereto amongst our selves linked with them in the said Antichristian League and Confederacy have therefore in the presence of Almighty God and with His Majesties Authorizing and Allowance faithfully promised and solemnly sworn likeas we hereby faithfully and solemnly swear and promise to take a true effauld and plain part with His Majesty amongst our selves for diverting of the appearing danger threatned â—o the said Religion and His Majesties State and Standing depending thereupon by whatsoever foreign or intestine Plots or Preparations and to that effect faithfully and that upon our Truth and Honours bind and oblige us to others to convene and assemble our selves publickly with our Friends in Arms or in quiet manner at such Times and Places as we shall be required by His Majesties Proclamation or by Writ or Message directed to us from His Majesty or any having Power from him and being convened and assembled to joyn and concur with the whole Forces of our Friends and Followers against whatsoever foreign or intestine Powers or Papists and their Partakers shall arrive or rise within this Island or any part thereof ready to defend or pursue as we shall be authorised or conducted by His Majesty or any others having his Power and Commission to joyn and hold hand to the exeâ—ution of whatsoever Mean or Order shall be thought meet by His Majesty and His Council for suppressing of the Papists promotion of the true Religion and settling of Hâ—s Highness Estate and Obedience in all the Countries and Corners of this Realm to expose the hazard of our Lives Lands and Goods and whatsoever means God hath lent us in the defence of the said true and Christian Religion and his Majesties Person and Estate against whatsoever Iesuits and Seminary or Mass Priests condemned Enemies to God and His Majesty to their utter wreck and exterminion according to the Power granted to us by His Majesties Proclamation and Acts of Parliament to try search and seek out all Excommunicates Practisers and other Papists whatever within our bounds and Shire where we keep residence and delate them to His Highness and His Privy Council and conform us to such Directions as from time to time we shall receive from His Majesty and His Council in their behalfs and so specially so many of us as presently are or hereafter shall be appointed Commissioners in every Shire shall follow pursue and travel by all means possible to take and apprehend all such Papists Apostates and Excommunicates as we shall receive in Writ from His Majesty And we the remanent within that Shire shall concur and assist with the said Commissioners with our whole Friends and Forces to that effect without respect of any person whatsoever and generally to assist in the mean time and defend every one of us another in all and whatsoever Quarrels Actions Debates moved or to be moved against us or any of us upon Action of the present Bond or other Causes depending thereupon and effauldly joyn in defence and pursuit against whatsoever shall
since these Arguments are as I conceive used for Your Service the Good of which shall be ever preferred by me before either Life or Fortune which I would willingly expose to all Dangers rather than You shall be pleased to lay this Employment on me for Your Majesties Affairs would be infinitely prejudiced thereby All which I humbly beseech You to take into Your Royal Consideration The King chuses Traquâ—ir to be Commissioner There was too much Justice in these Reasons and His Majesty was too full of Affection for him to press it any further therefore the King made choice of his Treasurer the Earl of Traquair for the Service making account that if he served honestly it would doe well if otherwise his Majesty would have good reason to shake him off Upon this he was presently called from Scotland The King also wrote for 14 of the Lords that were the chief Covenanters and writes for many Covenanters to come and wait upon him at Berwick that he might advise with them about the Affairs in hand But the true reason as was believed was to try what fair Treatment might doe with them This gave great Jealousies to the Covenanters who were not so blind as not to understand what the effect of this might prove And indeed some studied to infuse worse Jealousies as if the Design of calling for the Lords had been to send them all Prisoners to London In end they resolved none should go save three from each Estate the three Lords were the Earls of Montrose London and Lowthian and Lowthian was the person who pressed them most to send any for many had no inclinations to send at all But before they came to Berwick the King ordered the Marquis by a Warrant in writing yet extant under His Majesties Hand to try what way he could gain upon them and discover the bottom of their Intentions how the Estate of Bishops should be supplied in Parliament and how far they intended to lessen the Kings Authority The King also allowed him to use what means he pleased and speak to them what he thought fit not onely authorizing but requiring him to it and warranting him if he were ever questioned or accused for it by any Bearing date at Berwick the 17th of Iuly 1639. The Kings Trust in the Marquis It is easie from this to infer both how intirely His Majesty confided in him and how unjust they are who upon any Expressions he might then have used offer injury to his Memory and yet he managed this so cautiously that very little escaped him for which he could not have justified himself without this Order But so tender was he of His Majesties Reputation that when he was afterwards charged for some hard Speeches alledged to have been uttered at that time in all his written Defences he never made use of this Justification knowing how at that time it might have prejudiced His Majesties Service if it had been known that he gave such Warrants to those he imployed reserving to whisper it in His Majesties Ear when he should be admitted to his Presence And indeed till this appeared the Writer of these Memoires was not a little stumbled with some of his Speeches then uttered which were hard to be understood for having them so near the Fountain he could scarce doubt his Information but this Order reconciles the Truth of these Reports he had heard with the Marquis his Innocency The King gains Montrose The King was highly sensible of the Affront put upon him by hindering all he had called for to come to wait on him yet he resolved to bear as far as Humane Patience could go and studied to gain upon the Lords that came The Earl of Montrose was much wrought upon and gave His Majesty full Assurances of his Duty in time coming and upon that entred in a Correspondence with the King The other two were a little mollified but not gained onely from them the Marquis learned that all the Acts of Parliament for Episcopacy were to be abrogated by the next Parliament and that they designed to change the course of bringing in things to the Parliament by the Lords of the Articles as a Prelimitation upon the Parliament Whereupon the next thing to be done was to draw Traquair's Instructions which was not done without great and long Consultation none being privy to it besides the Marquis and Traquair himself That which made the King so tender was his Zeal for Episcopacy but Traquair helped him out of all Difficulties by telling him that doe the next Parliament what it would there were still good grounds to introduce Episcopacy when ever the King was able to carry it for Bishops being by all the Laws of Scotland one of the three Estates of Parliament no Act that passed without them could have force in Law much less the Act that abolished them especially they not appearing or consenting to it but protesting against it This gave much ease to the Kings thoughts and so on the 27th of Iuly Traquair's Instructions were signed which follow as they are taken from a Copy of them under the Marquis his Hand CHARLES R. AT the first Meeting of the Assembly Traquair 's Instructions before it be brought in dispute who shall preside you shall appoint him who was Moderator in the last Assembly to preside in this till a new Moderator be chosen We allow that Lay-elders shall be admitted Members of this Assembly the but in case of the Election of Commissioners for Presbyteries Lay-elders have had Voice you shall declare against the informality thereof as also against Lay-elders having voice in Fundamental Points of Religion At the first opening of the Assembly you shall strive to make the Assembly sensible of Our Goodness that notwithstanding all that is past whereby We might justly have been moved not to hearken to their Petitions yet We have been Graciously pleased to grant a Free General Assembly and for great and weighty Considerations have commanded the Archbishops and Bishops not to appear at this Assembly You shall not make use of the Assessors in publick except you find you shall be able to carry their having Vote in Assembly You shall labour to your uttermost that there be no question made about the last Assembly and in case it come to the worst whatever shall be done in Ratification or with relation to the former Assembly Our Will is that you declare the same to be done as an Act of this Assembly and that you consent thereunto onely upon these terms and no ways as having any relation to the former Assembly You shall by all means shun the Dispute about Our Power in Assemblies and if it shall be urged or offered to be disputed whether We have the Negative Voice or the sole Power of Indicting and consequently of Dissolving except you see clearly that you can carry the same in Our Favours stop the Dispute and rather than it be decided against Vs stop the
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
they were now coming to Court to be Intelligencers to his Enemies therefore it was necessary to secure him upon his first Arrival and particularly to hinder his access to the King since it was to be feared that his Majesties Affection with his Innocency which they in their Consciences knew was unstained would quickly break through all those Arts that had been contrived for his Ruin The Duke was not ignorant of all that was designed against him The Duke goes to Court nor so totally destitute of Friends as to be let perish without sending him advertisements Any Loyalty less than his would upon such advices have kept out of the way till he had sent his Justification before him and had cleared himself of all Imputations but being confident of his own Innocency he resolved to go on and put all to hazard so on the 16th of December he came to Oxford There was at the Ports an Order left to stop him till the Governour were advertised but the Captain of the Guard thinking he was in the Coach that followed not knowing himself who was on horseback let him pass without stopping him But he was presently followed with an Order from the King and is made Prisoner confining him and his Brother to their Chambers during his Majesties Pleasure The Duke answered that as he had ever given a ready obedience to his Majesties Commands so in this he would punctually obey his Order At night Secretary Nicholas came to him and told him that his Majesty had received an Accusation of a high nature against him and that he could not be answerable to himself if he had not taken this Course with him but that he might expect from him all Favour that in Justice he could grant him and that himself would be graciously pleased to hear as much of his Cause as he could and that all haste should be used in it The Duke answered that he humbly thanked his Majesty for his Goodness thus in general to let him know the Cause of his Restraint and for any favour in that Charge he desired it not but trusted to the King's Justice and his own Integrity only he intreated he might have a speedy Trial. And for his Majesties constant Goodness to him he had no more to return to him but his humble Thanks since he had received greater proofs of it than he had either merited or could ever deserve Next the Secretary called for his Brother who was a little indisposed and told him he had the Liberty of the Town only he might not come to the King 's or Queen's Court without Permission and after that a Guard was set at the Duke's Lodgings with Orders that none might speak with him except in the presence of one of the Secretaries But Mr. Murray of the Bed-chamber had been with him at his first Arrival and the Duke desired him to give the King a full account of his Behaviour in Scotland and of the necessities that his Duty had forced him to when he left the Kingdom and he desired he might have that Justice done him to see the Charge that had been given against him that so he might justify himself since he was absolutely ignorant of it and his own Conscience did not charge him with any Guilt in reference to the King's Service The Duke gets a Copy of his Charge and Answers it At night Mr. Murray returned to him with a very favourable Message from the King expressing his Confidence that he should clear himself of the Charge given against him And by what the Writer could learn it was he that brought him a Copy of the Charge that was drawn up against him for the Duke got the Copy of it before it was put in the due form of an Impeachment being liker a Historical Information presented to the King than a Legal Accusation That Paper was never brought into any Court nor did any thing ever follow upon it for the business went not the length of a Trial yet it seems too important a Transaction of the Duke's Life not to be inserted with the Answers that were drawn to it for assoon as the Duke got it he sent to the best Counsel then at Oxford who drew an Answer to it wholly in point of Law and himself drew an Answer as to matter of Fact and penned a long Speech which he intended to make at his first Appearance But those Papers which do yet remain were afterwards digested into one full Answer and therefore that the Reader may not be wearied too much I shall insert that instead of all the rest setting down the Answer after every Article of the Charge Only I shall here promise what I copied out of an Original Letter of one of the most zealous Covenanters who was a very considerable man among them and one of the Iunto to his Correspondent by which the Reader may judge what he is to think of the Truth of matter of Fact alledged in the Charge I have seen the Charge against the Duke and though he has been a great Enemy to our Cause and Work I cannot but pity him since he suffers from their hands whom he has been serving and after that he adds he is in no hazard if he get Iustice for the Accusation is false and can never be proved This will discover both what the secret thoughts of the Covenanters were of the Duke and how false the Charge was in matter of Fact But the most material Evidences that do clear his Innocence and justifie the Answers to the Charge have been already set down in the former parts of this Work to which the Reader will find some References marked in the Margent The Accusation given against the Duke of Hamilton at Oxford December 1643. THat the Duke of Hamilton hath of a long time yea almost ever since he had any considerable meddling in Business Article 1. endeavoured in the way of a constant and continued Design both by Words and Actions to beget in His Majesties Subjects both a Hate against the Government and a Contempt of His Majesties own Sacred Person as particularly he himself using most contemptible and undervaluing Expressions of His Majesty and His Emissaries Instruments or Creatures suggesting upon the other part all Prejudices to the People as that they were now but a Province unto England and had lost their Liberty and that Scotland was now under a Pharaoh that knew not Joseph The Answer to the former Charge THe Defendant is charged with many things of a high nature Answer some whereof if true will involve him in the guilt of High Treason other particulars infer a breach of Trust and an abusing of His Majesties Confidence in him with several other heinous Aggravations which if true the Defendant acknowledgeth that no Punishment could be found equal to his Guilt and in a matter wherein his Life his Fortune his Honour and Posterity lye at stake it cannot seem strange if the Defendant plead in
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
ambiguous yet they said the Exposition of those who Signed them was to be admitted since every man was to be the Expounder of his own words and pleaded some Precedents about the Exposition of ambiguous words But the words here were plain and not ambiguous only a treacherous Equivocation was invented to break them Cook by a strange subtilty said The Articles only secured his Life during Imprisonment so that his breaking of Prison and being retaken put an end to the Obligation of the Articles Though he broke not not Prison but went out at Door and Gate which was no Crime Thus did the Counsel of the People plead against him to the conviction of all who looked on that they thirsted for his Blood and were only seeking colours of Justice for it which yet were so slight that they could serve for no Disguise but only to abuse those who were blinded with Prejudice The Court adjourned to Tuesday being the sixth of March And then the Duke was brought to the Bar and the Judges sate in Scarlet they rejected the Dukes Plea in all its Branches The last Appearance in which Sentence was given and found him guilty of the Charge whereof he was indicted But before Sentence Bradshaw the President resumed all and spoke long for aggravating of every particular justifying every thing their Counsel had pleaded as if it had been all both good Law and good Reason then he caused read the Earl of Essex his Commission to shew how little Power was given him But spoke nothing of Fairfax or Lambert their Commissions which had been more pertinent but the reason was they were ampler and yet the Parliament had never refused to ratifie any Articles Essex gave He confessed the Dukes Articles were fuller than any others therefore he would insist the more to invalidate them He said It was true if there had been a War proclaimed and prosecuted betwixt a Forreign Nation and Enemy and England then by the Law of Nations to which their Law was consonant Articles signed by the Commissioners of both Parties should have been kept inviolable but the Prisoner was no Enemy for when the ordinary Course of Justice was obstructed by the late Kings prevailing Party so that neither Constables nor Sheriffs nor other Civil Officers could lay hold on such Delinquents as he was or bring them to Punishment the Parliament was forced to raise an Army Commissionating their Generals to bring such to condign Punishment This being the end and substance of their Commission it was not in their Power who were but the Sword of Justice in the Parliaments hand to give Articles for securing any from the Justice of the Parliament since it was never intended their Acts should limit that Power that gave bounds to them He added also that the Court was fully satisfied that the Duke was naturalized The President laid out also the Case of the other Prisoners then at the Bar and spoke many hours at last Sentence was given against them all That their Heads should be severed from their Bodies on Friday next being the ninth Instant yet it was remitted to the Parliaments Consideration what Mercy should be shewed to any of them and so the Duke was carried back The rest of that day and the next day the Duke was earnestly solicited to preserve himself by making Discoveries And Mr. Peters who appeared concerned for him during his Tryal did now insinuate himself on him to draw somewhat from him but all was in vain there being no choice to be made betwixt a Glorious Death and an Infamous Life On the Eighth of that Month it being put to the Vote of the House whether he should be Reprieved or not it was carried in the Negative The Duke prepares for Death That day the Duke spent in fitting himself for Death by Prayers and Spiritual Conferences and that he might discharge himself of all worldly Cares he wrote the following Letter to his Brother Dear Brother SInce it hath pleased God so to dispose of me and writes to his Brother that I am to be in this World but a few hours you cannot expect that I can say much to you nor indeed is it necessary for I know you will do undesired as far as is in your Power what I now briefly mention First That you will be a Father to my poor Children and that they be not forced to marry against their Wills The Debts I owe are great and some Friends are bound for them but the Estate I leave you is such as will satisfie what I owe and free my Cautioners from Ruin You are Iust and I doubt not of your performing this I cannot forget to recommend my faithful Servants to you who have never had any thing from me in particular Cole Lewis and James Hamilton I have given something to them during their Lives which I hope you will see payed to them I shall say no more but the Lord of his Mercy preserve you and give you Grace to apply your self aright to him in whom there is only fulness of Ioy. Dote not upon the World all is but vanity and vexation of spirit grieve not for what is befallen me for it is by the appointment of him that rules in Earth and Heaven thither the Lord Iesus be pleased to carry the sinful Soul of Your most loving Brother HAMILTON March 8th 1649. At night the Duke the Earl of Norwich the Lord Capel and Sir Iohn Owen were all brought to one Room where they lay all night it was very late before they went to Bed every one having his Friends to wait on him The Duke's Servants ask'd leave to stay all night in the next Room and it was granted the Duke ordered Mr. Cole to come to him about three a clock in the morning which he did but he with the rest were all fast asleep and Mr. Cole returning after half an hour found him awake He made him sit down and gave him many Directions to be carried to his Brother with an extraordinary composure as Mr. Cole vouched to the Writer About five a clock all of them were ready and spent the time very devoutly in secret Prayers and pious Conferences and other holy Exercises all of them expressing great Joy in their present Condition and absolute Submission to the Will of God The Duke expressed his more particularly in the following Letter he wrote to his Daughters My most dear Children IT hath pleased God so to dispose of me as I am immediately to part with this miserable Life for a better and to his Children so that I cannot take that care of you which I both ought and would if it had pleased my Gracious Creator to have given me longer days but his will be done and I with alacrity submit to it desiring you to do so and that above all things you apply your Hearts to seek him to fear serve and love him and then doubt not but he will be a loving Father to you
yet he was averse from doing them such Services with the King as they desired of him He had a Vivacity of Apprehension beyond any about him His Abilities with a great conception of things and quickly penetrated into mens Thoughts and Designs His discourse was short but nervous witty and full of Stings when he had a mind to reflect on others but he was soon heated and kept his Fire pretty long There was not a mean thought lodged in his Breast all his Designs being noble and aspiring which with the fervour of his Nature made him pass for a very proud man among his Enemies He was indeed gallant and generous to all degrees and none alive was capable of a higher sense of Honour and Gratitude nor more unable to stoop to anything that was sordid or mean For his Religion he was a true zealous Protestant His Religion and his Opinions about our unhappy Differences at home were the same with his Brothers He had a great dislike of Church-mens pretending to meddle in Civil Affairs finding it hurtful on all hands and therefore was much for confining them to their own Work In those Times when things were like to run a risque in the Committee of Estates most commonly the sense of the Commission of the General Assembly was brought in to declare how far Religion and the Covenant was concerned in any Particular that was under Debate and this swayed some and over-awed others but nothing was more odious to him than this Practice and he wisely foresaw and often said that nothing could bring such a stain on Religion in the minds of those who were too inclinable to receive bad impressions of it as the officious and over-meddling Tempers of hot and indiscreet Church-men His Practice in Devotion in some of his last years shewed him to be sincerely Religious He had for many years great Convictions on his Conscience of the true excellence of Religion but humane infirmity prevailed too much over him and he was not free of Blemishes yet he found he had to do with a merciful God who gave him such a Victory over those Snares and such tender impressions of his Love that long before his Death he was come to have that assurance of the Divine Goodness that he was not only ready and willing but longing for Death But his prospect of it will appear better from his own Pen than any thing I can add when he was entertaining himself in cold Blood with the serious Apprehensions of that grave Object and penned his Latter Will which shall be set down in its own place His troubles proved happy to him The Afflictions he lay under in his last years contributed not a little to the raising that sense of things in him these having been the saddest years Scotland ever saw in which he was overlaid both with publick and personal Troubles Those which went nearest his Heart and wounded it in its most sensible part were first the Kings Murther and then his Brothers neither was he capable of so mean a thought as to receive any allay to the last by the Dignity and Fortune which thereby descended on him The Friendship betwixt them had continued to the end sacred and inviolated and as the Elder transmitted not only his Estate and Honour but left also his personal Estate Jewels Plate and Pictures which were of great value to his Brother giving only Portions to his Daughters trusting even the Writings for these to his Brother to lessen them as he found the Estate might bear it so the Younger judged himself bound in Honour and Gratitude to return such of those as were still in his power many of them having been either disposed of for defraying his necessary Expence in that troublesome Time or lost in the Invasion of Scotland again to his Brothers Daughter whereby he prosecuted his Brothers first Design who had provided the Honour and Fortune to descend on his own Daughters if his Brother had no Sons And so much did he honour his Brothers Memory that Injuries done himself raised not such irreconcilable Resentments in him as those had been done his Brother neither was any Address so welcome to him as that which came with a respective Remembrance of his Brother and he entailed his Friendship for him on his Daughters who have desired me to acknowledge to the World that in him they met with the tenderness of a Father the kindness of a Friend and every thing that was generously noble and obliging And so desirous was he to have his Neece enjoy her Fathers Estate and Dignity His care of his Brothers Daughters that at his going to England he professed he was glad he had no Sons to lie in her way to it adding that if he had fourty Sons he rather wished it to her than he could do to any of them And for proof of this though many Evidences might be given yet I shall only add one Letter he wrote to her and the Orders he gave to all that depended on him discovered it to be no Complement for it was as really performed as it was generously offered Dear Neece AMongst all my just Afflictions there is none lies so heavy upon me as that I am still made incapable of paying that Duty to you which I owe you It is the greatest Debt I owe on Earth and which would most joy me to pay as well from Inclination as from Nature and Obligations but all Happiness being denied me I cannot hope for that which would be the greatest Before this I hope you are settled in Hamilton where you have as is most just the same Power your Father had and I beseech you to dispose as absolutely upon every thing that is there All I have interest in so long as they will acknowledge me will obey you and I shall earnestly beg that if there be any failings either from persons or in providing what you shall think fit to call for which that Fortune can procure to advertise me thereof and if it be not helped so my Fortune can do it let me be as infamous as I am unfortunate I will trouble you no longer but pray the Lord to bless you with Comfort and Health Dear Neece Your real Servant HAMILTON Campheer the 10th of June 1649. As for those Princes whom he served His Duty to the King he had even as much Justice from Fame as his heart could wish since none did ever fasten any ill Characters on him in that particular except that little which was done at Oxford But he who of all living knew his Brother best acknowledged that in this he had the better of him only by Fame and that the longer he lived he discerned the more wisdom in his Designs and honesty in all his Counsels but that which made the difference was that his Temper was more forward and he often spoke out those Resentments which his Brother either had not with so much Passion or chused to bury
had been committed in the way of introducing the late Books His Majesty did more than correct that by His gracious Condescensions that he was resolved as soon as the Country was settled to call both an Assembly and Parliament if they themselves obstructed it not but withall he represented to them the madness of hazarding on a Rupture with the King they knew it would not be uneasie to engage England against them the Kings Navy was in good case and it would be no trouble to the King to destroy their Trade which would quickly impoverish the Country therefore he desired they would follow such courses as might redeem themselves and their Country from Ruine and Infamy This prevailed with divers and all acknowledged there was that strength of reason in his Discourse that it was not easie to resist him long and see him much but there were rough and wild Spirits who could neither be tamed nor tuned right by it yet the Multitudes began to disperse but the Covenant was so dear to them that it was the endangering of all to speak of delivering it up On the 15th of Iune he received the following Answer from His Majesty to the Accounts he had sent him Hamilton THough I answered not yours of the fourth yet I assure you that I have not been idle so that I hope by the next week I shall send you some good assurance of the advancing of our Preparations This say not to make you precipitate any thing for I like of all you have hitherto done and even of that which I find you mind to doe but to shew you that I mean to stick to my Grounds and that I expect not any thing can reduce that People to their Obedience but onely Force I thank you for the clearness of your Advertisements of all which none troubles me so much as that in a manner they have possessed themselves of the Castle of Edinburgh and likewise I hold Sterlin as good as lost As for the dividing of my Declaration I find it most fit in that way you have resolved it to which I shall adde that I am content to forbear the latter part thereof until you hear my Fleet hath set sail for Scotland In the mean time your care must be how to dissolve the Multitude and if it be possible to possess your self of my Castles of Edinburgh and Sterlin which I do not expect And to this end I give you leave to flatter them with what hopes you please so you engage not me against my Grounds and in particular that you consent neither to the calling of Parliament nor General Assembly untill the Covenant be disavowed and given up your chief end being now to win time that they may not commit publick Follies untill I be ready to suppress them and since it is as you well observe my own People which by this means will be for a time ruined so that the loss must be inevitably mine and this if I could eschew were it not with a greater were well But when I consider that not onely now my Crown but my Reputation for ever lies at stake I must rather suffer the first that Time will help than this last which is irreparable This I have written to no other end than to shew you I will rather die than yield to those impertinent and damnable Demands as you rightly call them for it is all one as to yield to be no King in a very short time So wishing you better success than I can expect I rest Your assured constant Friend CHARLES R. Greenwich 11 June 1638. POSTSCRIPT As the Affairs are now I do not expect that you should declare the Adherers to the Covenant Traitors until as I have already said you have heard from me that my Fleet hath set Sail for Scotland though your six weeks should be elapsed In a word gain time by all the honest means you can without forsaking your Grounds But he had taken his Resolution about this set down in the Postscript before he got the Kings Answer He delays to publish the Proclamation to avoid an affront for he wrote to the Archbishop of Canterbury that he was resolved on it finding the hazard on the one side was a present Rupture which would have been the ruine of the Kings Affairs and of all his Friends whereas the hazard of not doing it was onely the cutting off his Head for transgressing his Instructions which he was willing not onely to endanger but lose for the Kings Service But till the Multitudes were wholly dispersed he duâ—st not hazard on the the publishing of the Proclamation lest Authority might have met with an affront in it This was now doing apace Commissioners onely staying in name of the rest but all the Ministers hearing that the Covenant must be given up or no Treaty made their Pulpits ring with it and the Marquis was to purpose inveighed against some not sparing to say that the faggots in Hell were prepared for his reward but all declared they would never quit their Covenant but with their Lives A Protestation was also resolved on whenever the Declaration should be published which made it be delayed a little longer and it was told him by the Kings Advocate that a Protestation might be legally made and that it had been done so in the year 1621. But for all this things begun to promise some likelyhood ofSettlement which made him write to the King not to proceed in his warlike Preparations till things were more desperate to which he received the following Answer Hamilton THe dealing with Multitudes makes diversity of Advertisement no way strange and certainly the alteration from worse to less ill cannot be displeasing wherefore you may be confident I cannot but approve your Proceedings hitherto for certainly you have gained a very considerable point in making the heady Multitude begin to disperse without having engaged me in any unfitting thing I shall take your advice in staying the publick Preparations for Force but in a silent way by your leave I will not leave to prepare that I may be reaâ—y upon the least advertisement Now I hope there may be a possibility of securing my Castles but I confess it must be done closely and cunningly One of the chief things you are to labour now is to get a considerable number of Sessioners and Advocates to give their opiniâ—n that the Covenant is at least against Law if not treasonable Thus you have my Approbation in several shapes tâ—erefore you need not doubt but that I am Your assured constant Friend CHARLES R. Theobalds 13 Jun. 1638. At this time the Session sate not He advises the King to bring back the Session to Edinburgh for the Town and Country about Sterlin threatned them so that they could not return thither wherefore the Marquis desired a Warrant from the King to bring the Session back to Edinburgh both because it was not fit they should be too far from himself and the Council