55. l. 16. after This add I. p. 120. l. 7. after all r. he p. 130. l. 37. require r. required p. 145. l. 7. dele will after it and r. will after Assembly p. 161. l. 18. for Mirtland r. Maitland p. 178. l. ult for Cumbermwald r. Cumbernald p. 219. l. 22. after Hamilton r. William Earl of Morton p. 225. l. 11. refore r. therefore p. 240. l. 6. after by for that r. these p. 242. l. 22. after at r. that p. 279. l. 2. emitted r. remitted p. 283. l. 26. berid r. be rid p. 284. l. 23. for stop r. step p. 334. l. 9. met r. meet p. 342. l. 17. did we r. we did p. 368. l. 5. which upon r. upon which p. 384. l. 23. after guards r. that p. 387. l. 51. apart r. a part p. 388. l. 12. after were r. clear p. 408. l. 30. after despise dele at p. 423. l. 2. after though r. the. ibid. l. 4. after vertue r. he p. 427. l. 8. for greater r. regrate p. 428. l. 26. wrack r. rack ibid. l. 50. after heavy r. on p. 429. l. 44. Death r. die p. 431. l. 26. after about for him r. himself The Contents of the Seven Books Lib. I. Of what happened from his Father's Death till the Year 1638. Lib. II. Of what passed when he was the King's Commissioner in Scotland in the Years 1638 and 1639. Lib. III. Of what passed after he laid down his Commission till July 1642. Lib. IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment Lib. V. Of the Duke's and his Brother's Imployments after his Enlargement till the Year 1648. Lib. VI. Of the Duke's Engagement for the King's Preservation and what followed till his Death Lib. VII A Continuation of Affairs till Worcester-Fight MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB I. Of what happened from his Fathers Death till the Year 1638. JAMES Marquis of Hamilton died at London in March 1625. An. 1625. and was succeeded in his Honour and Fortune by his Eldest Son and Heir Iames afterwards created Duke of Hamilton The Marquis succeeded his Father whom his Father had brought with him to England some years before and was then in the Eighteenth year of his Age and sent to prosecute his Studies at Oxford from whence he was called to see his Father die and came in time to receive his last advices and blessings Thus died that Great and Illustrious Person in the flower and vigour of his Age being then but 36 years old He was in great Esteem in both Kingdomes His Fathers Character equally dear to the Soveraign and the Subjects and it was certain no person could have disputed with him the Kings Affection and Confidence the Duke of Buckingham onely excepted His serving as Commissioner for the King in the Parliament 1621. had much lessened his Interest in Scotland for these five Articles of Perth where the Assembly of the Church that settled them was held commonly called the Five Articles were generally so odious that his carrying the Settlement of these in Parliament drew much dislike from all that Party which was then called Puritan but his carriage in that Parliament gained him as much trust and favour with the King as ever man had The King created him Earl of Cambridge a Title that was never conferred on any but such as were of the Royal Blood he made him also Knight of the Garter and Lord-Steward of the Houshold King Iames was likewise glad to see his Friendship for my Lord Marquis and his Family like to prove Hereditary by the kindness he saw growing up with the Prince for his Son in whose youth there was an agreeable Sweetness which gained an early room in the Princes Affections and took so deep rooting there that nothing was ever able to deface it and as he had the Honour to be the Princes nearest Kinsman by the Royal Blood of Scotland so he spent several of his younger and more innocent years in his company and when the Prince was in Spain he made one of that honourable Train that went to wait on his Highness But since the following Narration is to be filled with great and considerable Transactions wherein this Marquis was so eminently engaged I shall dismiss such Particulars as were of less concernment and therefore at one step shall leap over the whole tract of his Youth neither shall I interrupt my Narration of Publick Matters with Accounts of his Personal and Domestick Affairs which shall be referred to one place in which as I give his Character such of those as are fit to be made publick shall be mentioned neither will I here offer any further Account of his Father but what shall be the matter of the whole following History which is that he was the Father of two such excellent Sons King Iames as he received the tidings of his Death with much grief King Iames his Death so he Prophetically apprehended that as the Branches were now cut down the Root would quickly follow for the Duke of Richmond died about the same time likewise This Marquis his Death was followed with an universal regrate and I sind divers of the English Nobility in their Letters to his Son expressing their Affection and Esteem for the Father in terms beyond the cajolery of Civility or Complement The loss of so great and such a tenderly affectionate Father meeting the sweet Disposition and dutiful Love of the Son could not but prove very afflicting to him but this private Grief was followed by a publick Calamity brought upon these Kingdoms by the Death of King Iames on whose Character I shall not adventure since it is without the lines of my Work The Marquis sent down his Fathers Corps to Scotland The Marquis leaves the Court. where it was nobly interred in the Burial-Place of that Family but could not follow it himself being obliged to wait and assist at the Coronation of King Charles the first which shortly followed where he carried the Sword of State before the King and he found the Crown had rather heightned than lessened the new Kings Affection for him But within a little he resolved to return to Scotland to look to his own Affairs which were in great disorder by his Fathers magnificent Nobleness who notwithstanding his being Lord Steward and the benefit of other Places he enjoyed had far outrun himself at Court But indeed his Son had too much of his own Temper and was too Generous to be very Frugal During his absence from Court his Majesties Affection for him appeared not only in his ready granting of every thing was moved for his advantage but in the kind Letters which upon different occasions he wrote to him with his own Hand not to mention the many publick ones he got upon all occasions In one of them the King writes James An. 1627. THE reason why your Business
contrary to but would prove a ready mean to preserve the true Religion already received and beat down all Superstition Withall the King considering the disorderly Conventions had been to form Petitions against these Books though they deserved a high Censure yet His Majesty willing to impute that rather to a preposterous Zeal than to any Disloyalty therefore dispensed with them to all such as should thence forth retire and return to their Obedience whereupon these Conventions were in all time coming discharged under pain of Treason The Tumults grow This was proclaimed at Sterlin the nineteenth of February but was so far from giving satisfaction that it proved a crisis to greater Confusion for it met with a Protestation as it was proclaimed sent from those of the Tables who notwithstanding continued to sit in that Iunto An Answer also came from the Duke of Lennox and the other Lords at Court directed only to three of the Lords of the Covenant in Scotland the Earls of Rothes Cassils and Montrose wherein they wrote that they had communicated their desires to His Majesty who answered that as hitherto he had received all the Petitions they had offered to the Council so he had considered them and would declare His Royal Intentions about them The Combustions continuing and growing the Council appointed a solemn Meeting to be the first of March at Sterlin for a full examining of things that they might send their joint Advices to Court This was likewise agreed to by the Lord Chancellour who was then at Edinburgh and undertook for himself and the rest of the Clergy that were of the Council to keep that Appointment The first of March came but none of the Clergy kept the day the Lord Bishop of Brechin only excepted an excuse came from the Lord Chancellour but the necessity of Affairs pressed the Lords of the Council to go on they continued four days consulting and debating about things but after the third day Bishop Brechin left them seeing in what Determinations they were likely to close The issue of their Consulting was to send Sir Iohn Hamilton the Justice-Clerk to the King with Instructions which follow as they are taken from the Original yet extant INSTRUCTIONS from His MAJESTIES Council to the Lord Iustice-Clerk whom they have ordained to go to Court for His MAJESTIES service Instructions to the Justice-Clerk concerning the rise and remedies of these Disorders IN the first place you are to receive from the Clerk of the Council all the Acts past since our meeting upon the first of March instant Item You have to represent to his Majesty That the Dyet of Council was appointed to be solemnly kept by the advice of the Lord Chancellour and remnant Lords of the Clergy being at Edinburgh for the time who assured us that they should keep the Dyet precisely but at our meeting at Sterlin we received a Letter of excuse from the Lord Chancellour which forced us to proceed without his Lordships presence or any others of the Lords of the Clergy except the Bishop of Brechin who attended us three days but removed before the closing of our Opinions anent the business Item That immediately after we had resolved to direct you with a Letter of Trust to His Majesty we did send our Letter to the Lord Chancellour acquainting him with our proceedings and desiring him to consider thereof and if he approved the same to sign them and to cause tâ—e remnant Lords of the Clergy nearest unto him and namely the Bishop of Brechin who was an ear and eye Witness to our Consultations to sign the same and by their Letter to His Majesty to signifie their approbation thereof or if his Lordship did find some other way more convenient for His Majesties Honour and the Peace of the Country that his Lordship by his Letter to the Lord Treasurer or Privie-Seal would acquaint them therewith to the effect they might convene the Council for consulting thereabout Item That you shew His Majesty that His Majesties Council all in one voice finds that the causes of the general Combustions in the Country are the Fears apprehended of Innovation of Religion and Discipline of the Kirk established by the Laws of the Kingdom by occasion of the Service-Book Book of Canons and High-Commission and from the Introduction thereof contrary to or without warrant of the Laws of the Kingdom Item You are to represent to His Majesty our humble opinion That seeing as we conceive the Service-Book Book of Canons and High-Commission as it is set down are the occasion of this Combustion and that the Subjects offer themselves upon peril of their Lives and Fortunes to clear that the said Service-Book and others foresaid contain divers Points contrary to the Religion presently professed and Laws of the Kingdom in matter and manner of Introduction That the Lords think it expedient that it be represented to His Majesties gracious Consideration if His Majesty may be pleased to declare as an act of his singular Iustice that he will take trial of His Subjects Grievances and the reasons thereof in His own time and in His own way according to the Laws of this Kingdom and that His Majesty may be pleased gâ—aciously to declare that in the mean time he will not press nor urge His Subjects therewith notwithstanding any Act or Warrant made in the contrary And in case His Majesty shall be graciously pleased to approve of our humble opinions you are thereafter to represent to His Majesties gracious and wise Consideration if it shall not be fitting to consult His Majesties Council or some such of them as He shall be pleased to call to Himself or allow to be sent from the Table both about the time and way of doing of it And if His Majesty as God forbid shall dislike of what we have conceived most conducing to His Majesties Service and Peace of the Kingdom you are to urge by all the arguments you can that His Majesty do not determine upon any other course until some at least of His Council from this be heard to give the reasons of their Opinions and in this case you are likewise to represent to His Majesties Consideration if it shall not be fitting and necessary to call for His Informers together with some of His Council that in His Own presence he may hear the Reasons of both Informations fully debated You shall likewise show His Majesty that His Council having taken to their Consideration what further was to be done for composing and settling of the present Combustion within the Kingdom and dissipating of the Convocations and Gatherings within the same seeing Proclamations are already made and published discharging all such Convocations and unlawful Meetings the Lords after debating find they can do no further than is already done herein until His Majesties pleasure be returned to this our humble Remonstrance Signed Traquair Roxburgh Winton Perth Wigton Kinghorn Lauderdale Southesk Angus Lorn Down Elphinston Napier J. Hay Tho. Hope
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
in force if they were revived and by His Majesties Authority appointed to be keeped at the ordinary times and if one at His Majesties first opportunity and so soon as may be conveniently should be indicted Kirkmen might be tried in their Life Office or Benefice and keeped in order without trouble to His Majesty and without offence to the People the present Evils might be speedily helped to His Majesties great honour and content and to the preservation of the Peace of the Kirk and these courses might be stopped afterwards and on the contrary while Kirkmen escape their due Censure and matters of the Worship of God are imposed without the consent of the free Assemblies of the Kirk they will ever be suspected to be unsound and corrupt as shunning to be tried by the Light to the continual entertaining of heart-burnings amongst the People and to the hindrance of that chearfulness of obedience which is due and from our Hearts we wish may be rendred to the Kings Majesty If according to the Law of Nature and Nations to the Custom of all other Kingdoms and the laudable example of His Majesties worthy Progenitors in the like cases of National Grievances or of Commotions and Fears of a whole body of a Kingdom His Majesty should be graciously pleased to call a Parliament for the timeous hearing and redressing of the just Grievances of the Subjects for removing of their common Fears and for renewing and establishing such Laws as in time coming may prevent the one and the other and may serve to the good of the Kirk and the Kingdom that the Peace of both might be firmly settled and mens minds now so awakened might be easily pacified and all our Tongues and Pens are not able to represent what would be the joyful Acclamations and hearty Wishes of so loyal and loving a People for His Majesties Happiness and how heartily bent all sorts would be found to bestow their Fortunes and Lives in His Majesties Service The more particular Notes of all things expedient for the well of the Kirk and Kingdom for His Majesties honour and satisfaction and for extinguishing of the present Combustion may be given in to be considered in the Assembly and Parliament Those Bishops who stayed in Scotland sent up also one Learmonth to the Archbishop of Saint Andrews then at London with their Complaints and Grievances which are also set down according to the Original ARTICLES of Information to Mr. Andrew Learmonth for my Lord Archbishop of Saint Andrews the Bishop of Ross c. and in their absence for my Lord Archbishop of Canterbury his Grace YOu shall show their Lordships How they have changed the Moderator of the Presbytery of Edinburgh The Complaints of the Clergy and are going on in changing all the Moderators in the Kingdom How they have abused Doctor Ogstone the ninth of May in Edinburgh Mr. George Hannay at Torphichen the sixth of May Doctor Lamond at Markinch the ninth of May Mr. Robert Edward at Kirkmichael whom Kilkerrin is forced to entertain at his own House That the Presbytery of Hadingtown have given Imposition of Hands to Mr. John Ker's Son to be his Collegue without the knowledge of the Bishop and likewise the Presbytery of Kircaldy to Mr. John Gillespy's Son to the Church of the Weemes and the Presbytery of Dumfrice to one Mr. John Wier to the Church of Morton within two miles of Drumlanerick and that they of Dumfermline have admitted Mr. Samuel Row a Minister banished from Ireland to be helper to Mr. Henry Mackgill and they of Air Mr. Robert Blair to be helper to Mr. William Annand and that the Town of Dumfrice have made choice of Mr. James Hamilton to be their Minister and the Town of Kirkudbright one Mr. John Macklennan all of them banished from Ireland and Mr. Samuel Rutherford is returned and settled in his Place and they intend to depose Mr. John Trotter Minister at Dirleuton and how they intended to use the Regents That the Council of Edinburgh have made choice of Mr. Alexander Henderson to be helper to Mr. Andrew Ramsay and intend to admit him without advice or consent of the Bishop That the Ministers of Edinburgh who have not subscribed the Covenant are daily reviled and cursed to their Faces and their Stipends are withheld and not payed and that all Ministers who have not subscribed are in the same case and condition with them That they hound out rascally Commons on men who have not subscribed the Covenant as Mr. Samuel Cockburn did one John Shaw at Leith That His Majesty would be pleased by his Letters to discharge the Bishop of Edinburgh to pay any Prebend-fee to those who have subscribed the Covenant as also by His Royal Letters to discharge the Lords of Session to grant any Process against the Bishop for their Fees That His Majesty would be pleased in the Articles of Agreement with the Nobility to see honest men who shall happen in this tumultuous time to be deposed from their Places restored and settled in them and others that are violently thrust in removed and that the wrongs done to them be repaired That if it shall happen His Majesty to take any violent course for repressing these Tumults and Disorders which God forbid that in that case their Lordships would be pleased to supplicate His Majesty that some speedy course may be taken for securing of the persons of these honest men who stand for God and His Majesty Signed Da. Edin Ja. Dumblanen Ja. Lismoren Ja. Hannay Da. Michell Da. Fletcher The King resolves to gain his Subjects by redressing their Grievances All these matters being considered though there were grounds enough to have provoked a less Gracious Prince to have proceeded against the Covenanters by the extreme course of Rigour and Authority and there were some who advised him to it yet such was his innate love to that His Ancient and Native Kingdom that he resolved to leave no mean unessayed before he should proceed to a Rupture with them He also well foresaw that it would not prove so easie a Work as some would have perswaded him the greatest part on the South of Tay being confederate and resolved to stand to their Defence at all hazards neither was England too well fixed in their obedience as the following Wars did sadly prove and so there were small grounds to expect any heartiness from them for such a Work and calls the Bishops to his Closet All this being weighed His Majesty called to His Closet the Archbishops of Canterbury and St. Andrews and the Bishops of Galloway Brechin and Ross the Marquis being there before they came and to all these the King declared the choice he had made and that he intended to send the Marquis to Scotland with the Character of High Commissioner for establishing the Peace of the Country and the good of the Church St. Andrews said he approved the Choice and hoped for good success My Lord of Canterbury
as also that many of the Covenanters were broken in their Estates so that if Justice were patent some of the most troublesom of them might be driven away but chiefly the settling them again in Edinburgh looked like a resolution of going on with a Treaty of which it was fit they should be persuaded till the King were in a good posture for reducing them He tried what assurance he might have of the Lords of the Session being fixed to their Duty Divers of them who were no ill-wishers to the Kings Authority yet durst not own it being threatned by the Covenanters of some he had all reason to hope well yet the greater part of that Court what through fear what through inclination was so biassed that he saw little hope of prevailing with the Colledge of Justice whether Judges or Lawyers to declare the Covenant seditious or treasonable and he was secure of none who sate on the Bench save Sir Robert Spottiswood President Sir Iohn Hay Clerk-Register and Sir Andrew Fletcher of Innerpeffer Halyburton of Fotherance and one or two more the first of these was among the most accomplished of his Nation equally singular for his Ability and Integrity but he was the Archbishop of S. Andrews his Son and so his Decision in that would have been of the less weight On the 16th of Iune the Covenanters came and presented their Petitions to the Marquis craving a present redress of their Grievances The Covenanters press speedy satisfaction otherwise they said they would be put off no longer by delays and they desired he would propose the matter to the Council and give them a speedy Answer He told them that His Majesty did resolve to call both an Assembly and Parliament for the redress of all Grievances but if this was not yet done they had nothing but the Disorders of the Country to blame for it which should be no sooner composed but all their Desires should be fully examined They went away no way satisfied with this Answer but the Marquis found all the Lords of Council inclined to the granting of what they demanded so that he durst call no Council about it lest they should have avowedly sided with the Covenanters of which he advertised His Majesty shewing him that persons of all ranks pressed him to represent to him that the Covenant was not illegal and that if His Majesty would allow of the Explication of the Bond of mutual Defence Many move that an Explanation of the Covenant might be received which they offered that they meant not thereby to derogate any thing from the Kings Authority for whom they were ready to hazard their Lives all might be settled without more trouble either to the King or Country and that otherwise it must needs end in Blood He desired His Majesty would consider well in what forwardness his Preparations were before he hazarded on a Rupture lest if they had the start of him all his faithful Servants in Scotland should be ruined ere he could come to their rescue England wanted not its own Discontents and they in Scotland seemed confident that they had many good Friends there France had not forgot the Isle of Rhea and had certainly a hand in cherishing those Broils in Scotland He also added the Covenanters resolution was upon the first Rupture to march into England and make that the seat of the War Upon all this he craved His Majesties Pleasure which he would punctually obey and ended begging pardon for the fair hopes he had given him in his last protesting that his desire of seeing Royal Authority again settled without a bloody Decision for which he was gladly willing to sacrifice his Life made him too easie sometimes to believe what he so earnestly desired Thus I give the most material Heads of the Marquis his Dispatches to His Majesty for though the Originals of them be in my hands yet they are not inserted both because of their being too long and too particular for publick view as also that the substance of them may be seen in the Kings Answers which for many reasons are set down at their full length But to this I shall adde a surprising thing that I find the Archbishop of S. Andrews was for accepting an Explanation of the Covenant for a draught of it yet remains under his Pen which follows The Archbishop of S. Andrews his draught of an Explanation WE the Noblemen Barons Burgesses Ministers and others that have joyned in a late Bond or Covenant for the maintaining of true Religion and purity of Gods Worship in this Kingdom having understood that Our Sovereign Lord the Kings Majesty is with this our doing highly offended as if we thereby had usurped His Majesties Authority and shaken off all Obedience to His Majesty and to His Laws for clearing our selves of that Imputation do hereby declare and in the presence of God Almighty solemnly protest that it did never so much as enter into our thoughts to derogate any thing from His Majesties Power and Authority Royal or to disobey and rebell against His Majesties Laws and that all our Proceedings hitherto by Petitioning Protesting Covenanting and whatsoever other way was and is onely for the maintaining of true Religion by us professed and with express reservation of our Obedience to His most Sacred Majesty most humbly beseeching His Majesty so to esteem and accept of us that he will be graciously pleased to call a National Assembly and Parliament for removing the Fears we have not without cause as we think conceived of introducing in this Church another form of Worship than what we have been accustomed with as likewise for satisfying our just Grievances and the settling of a constant and solid Order to be kept in all time coming as well in the Civil and Ecclesiastical Government which if we shall by the intercession of Your Grace obtain we faithfully promise according to our bounden duties to continue in His Majesties Obedience and at our utmost powers to procure the same during our Lives and for the same to rest and remain Your Graces obliged Servants c. His Majesties Answer follows Hamilton I Do not wonder though I am very sorry for your last Dispatch to which I shall answer nothing concerning what you have done or mean to doe because I have approved all and still desire you to believe I do so untill I shall contradict it with my own Hand What now I write is first to shew you in what Estate I am and then to have your Advice in some things My Train of Artillery consisting of 40 Peece of Ordnance with the appurtenances all Drakes half and more â—f which are to be drawn with one or two Horses apiece is in good forwardness and I hope will be ready within six weeks for I am sure there wants neither Money nor Materials to doe it with I have taken as good order as I can for the present for securing of Carlisle and Berwick but of this you
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
Petitions and true Informations of my Innocency and Loyalty but doth notwithstanding thereof harbour any opinion of my Disloyalty or casting off my dutiful Obedience and Subjection to His Majesty or offering Subjection to any other King or Potentate in the World I am content to undergo the most exact Trial which is agreeable to the Laws of that Kingdom by which onely I ought to be judged rather than lie under such a heavy Imputation which to me who am conscious of my own Innocency and of my most tender and humble Duty towards His Majesty is more grievous than my Sufferings which can onely prejudice and hurt me and my private Estate but can no ways conduce for advancing of His Majesties Service but rather be a hinderance to the Accommodation of Affairs whereas my Liberty or lawful Trial will serve for the Illustration of His Majesties Iustice to the World and will make His Subjects without fear of danger to tender their humble Suits and Remonstrances at the Throne of His Royal Iustice. An. 1639. Upon this the Marquis pressed the King much for my Lord Lowdon's Enlargement since the Covenanters made great noise with it in all their Complaints The Marquis treats with him by the Kings Order and pretended that they durst send up no more Commissioners and therefore they sent their Acts in the Packet He did also shew His Majesty that he knew by the Lieutenant of the Tower that Lowdon was very fearful wherefore he desired permission from the King to try what this Fear could draw from him and to see if his Enlargement with the hopes of a Noble Reward could engage him to the Kings Service which if obtained might prove of great advantage since the Irritations he had received would make his Advices less suspected in Scotland His Majesty approving this he treated with Lowdon and found him abundantly pliant and so on the 26th of Iune he agreed with him on these Terms which he got under Lowdon's Hand in two Papers yet extant THE Lord Lowdon doth promise to contribute his faithful and uttermost Endeavours for His Majesties Service and furthering of a happy Peace and shall with all possible diligence and care go about the same and shall labour that His Majesties Subjects of Scotland may in all humility petition that His Majesty may be Graciously pleased to authorize a Commissioner with full Power from His Majesty to establish the Religion and Liberty of that His Majesties Native and Ancient Kingdom according to the Articles of Pacification and that by a new Convening or Session of the Parliament without cohesion or dependence on what hath been done by themselves without His Majesties Presence or of a Commissioner to represent His Majesties Royal Person and Power That if there be not an Army already convened in Scotland in a Body he shall endeavour that they shall not convene nor come together during the time of Treaty in hope of Accommodation and if they be already convened in a Body before his return he will labour that they may dissolve and return to their several Shires or dispose so of them that they remain not in one Body as may best evince that they intend not to come into England but may carry themselves in that respective way as may best testifie their Duty to His Majesty and their Desires of Peace That if General Ruthwen shall happen to become their Prisoner they may as a testimony of their desire to shun every thing which may provoke His Majesties displeasure preserve him and that the Lord Lowdon will shew how far he is engaged for his Safety That when Affairs shall be brought to a Treaty in Parliament and that His Majesty shall be Graciously pleased to settle the Religion and Liberties of the Kingdom according to the Articles of Pacification he will endeavour that the Kings Authority shall not be entrenched upon nor diminished that they may give a real demonstration to the World how tender and careful they are that His Majesties Royal Power may be preserved both in Church and State That what is done or imparted to the Lord Lowdon concerning His Majesties Pleasure shall be kept secret and not revealed to any here further than His Majesty shall think expedient That the Lord Lowdon shall as soon as conveniently he can return an account of his Diligence There was given with this another Paper which follows An. 1640 Memorandum of what passed betwixt the Marquis of Hamilton and me 26 Iune 1640. BEcause no great matters can be well effectuated without Trust Fidelity and Secrecy therefore it is fit that we swear Fidelity and Secrecy to others and that I shall faithfully contribute my best Endeavours for performance of what I undertake and that my Lord Marquis doe the like to me Our desires and designs do tend mainly for Preservation of Religion Laws and Liberties of the Kingdom the Kings Honour and of His Royal Authority and for establishing of a happy Peace and preventing of Wars and we are to advise and resolve upon such ways and means as may best conduce for these ends If after using of our utmost Endeavours it be not Gods will that we may be so happy as to obtain such a Peace in haste as may content the King and satisfie his Subjects till differences draw to a greater height and beginning of Wars to resolve what is fit to be done in case of such an Extremity for attaining a wished Peace and to condescend what course we shall take for keeping of Correspondence If my Endeavours and Service which doubtless will put me to a great deal of expence and pains shall prove useful for His Majesties Service and Honour and the Good of the Kingdom which are inseparable the Marquis will intercede really and imploy his best Endeavours with the King to acknowledge and recompence the Lord Lowdon 's Travels and Service in such manner as a Gracious King and Master should doe to a diligent and faithful Servant Upon this Lowdon was enlarged next day Lowdon is enlarged and permitted to go down to Scotland but those who did not know the Secret of this thought the King had weakened himself much by letting go an Hostage of such importance and this gave new Suspicions of the Marquis his Tamperings with the Covenanters His Majesty commanded the Earl of Lanerick to write by the Lord Lowdon the following Answer to the Letter sent up by the Lords of Scotland with the Acts they had lately passed My Lords BY my former of the Date the 23th of June Lanerick 's Answer to the Committee in Scotland His Majesty was pleased to promise by me to let you know within few days His further Pleasure concerning those Proceedings and Desires of the Noblemen and Barons and Burgesses which you sent me to be presented to His Majesty whereupon he hath now commanded me to tell you that the not proroguing of the Parliament in a Legal and Formal way was not for want of clear
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
Breach might follow betwixt him and his Native Kingdom but on the other hand he could not permit them to go both because of the Reasons he had alledged and the Fears he had of their engaging with the Parliament and chiefly that all his Councellours and Officers at Oxford were so far against it that he heard it was whispered amongst them that they would all forsake him if he gave them leave since they held themselves assured that the Design of their going was to bring an Army from Scotland wherefore he intreated Lindsay would serve him in that Particular which he undertook frankly though he added he had small hopes since he had already attempted as much as he could with no Success But as he left His Majesty he made a Visit in his way to his Lodgings where he met the Earl of Crawford who told him plainly That though the King should consent to their going to London thither should they never get for a great many were resolved to lie in their way and cut them all to pieces ere they were many miles from Oxford This he confirmed to him with many Oaths adding that as the King knew nothing of it so it would not be in his power to hinder it and out of kindness to my Lord Lindsay he advised him not to go though the Chancellour went With this Lindsay came to his Lodgings and shewed the Lord Chancellour the hazard not only their Lives would be in but of the irreparable Breach would follow upon it which being considered by them it was resolved they should pass from their Desires and crave the Kings Commands for Scotland since they would not offend him by the importunity of an unacceptable Mediation which they accordingly did to His Majesties great satisfaction And so they took leave the Chancellour with the other Commissioners going for Scotland only Lindsay returned to London Upon this His Majesty sent all the Scotish Lords then at Court to Scotland to serve him there who were the Earls of Morton Roxburgh Kinnoul Annandale Lanerick and Carnwath but before they could be dispatched he sent Mr. Murray to Scotland with an account of his opinion about the Services his Friends might do him there who came by York and brought from the Queen the following Letter to the Marquis in answer to what he had written to Her Majesty which though written in French as all Her private Letters were yet I shall set down translated in English that all may run more smoothly Cousin I Received your Letter with the assurances of the Continuance of your Aâ—fection of which I hold my self secure and make no doubt to see both the effects of it and of that which you promised me at your parting concerning my Lord of Argyle Will. Murray came yesterday from Oxford as for News from hence I refer you to Henry Jermine who will give you an account of them I shall only tell you that the Scotish Lords who were with the King are on their way for Scotland so likewise are the Commissioners that were with the King You will know from Will. Murray the Kings Answers to the Propositions which you made me at York I am very glad to know by Your Letter as likewise by what my Lord Montgomery hath told me the Protestations General Lesly makes concerning the Armies in Ireland and now when all the Kings Servants shall be together you must think of the means for preserving that Army for my part I know not what to say farther about it I am now upon my going to the King and hope to part hence within ten dayes If there be any thing that hath occurred of late I shall be glad to know it and that you will believe how much I am Your affectionate Cousin and Friend HENRIETA MARIA R. About the beginning of May Lowdon and the other Commissioners came down and a day after them came the Earl of Morton who told the Marquis They proceed to final Resolutions in Scotland that in a few days he should see the Earls of Roxburgh Kinnoul and Lanerick with the Kings Instructions but by reason of Kinnoul's Infirmity and Roxburgh's Age they moved slowly On the 21th of May the Iunto of the Church-party moved that there might be a Joynt-meeting of the Council and Conservatours of the Peace and Commissioners for Publick Burdens to consider of the present State of Affairs The Marquis and Morton resisted this all they could but they were over-ruled and so these Judicatories met to them it was proposed that considering the hazard the Nation was in by reason of Armies which were now levying in the North of England there was a necessity of putting the Kingdom in a posture of Defence which could not be done without a Convention of Estates or a Parliament wherefore it was moved that a Convention of Estates should be presently called The Marquis argued much against it shewing that this was to encroach upon the Kings Prerogative in the highest degree and so would be a direct Breach of the Peace with the King and against the Laws of the Land adding Was this all the Acknowledgment they gave the King for his late Gracious Concessions for this struck at the root of his Power In this he was seconded by my Lord Morton but most vigorously by Sir Thomas Hope the Kings Advocate who debated against it so fully from all the Laws and constant Practice of Scotland that no Answer could be alledged and indeed discharged his Duty so faithfully that the Marquis forgave him all former errors for that dayes Service But it was in vain to argue where the Resolution was taken on Interest more than Reason so it was carried that the Lord Chancellour should summon a Convention of Estates against the 22th of Iune A Convention of Estates is called This Resolution being taken they gave Advertisement of it to the King in the following Letter which all who Voted against it refused to sign Most Dread Sovereign THe extreme necessity of the Army sent from this Kingdom by Order from Your Majesty and the Parliament here against the Rebellion in Ireland the want of means for their necessary Supply through the not payment of the Arrears and Maintenance due to them by the Parliament of England the delay of the Payment of the Brotherly Assistance so necessary for the relief of the Common Burdens of this Kingdom by reason of the unhappy Distractions in England and the sense of the danger of Religion of Your Majesties Royal Person and of the Common Peace of Your Kingdoms have moved Your Majesties Privy Council the Commissioners for conserving the Peace and Common Burdens to joyn together in a Common Meeting for acquitting our selves in the Trust committed to us by Your Majesty and the Estates of Parliament and having found after long Debate and mature Deliberation that the Matters before-mentioned are of so Publick Concernment of so deep Importance and so great Weight that they cannot be determined by us in such a
of his Letters to Sir John Clotworthy sayes that the Trumpet sounded to the Battel and all cryed Arm Arm with many other bold scandalous and seditious Passages very derogatory from the Duty and Affection which We are most confident Our good Subjects of that Our Native Kingdom bear to Vs. To this purpose they traduce Vs with raising and making War against Our Parliament of having an Army of Papists and favouring that Religion of endeavouring to take away the Liberty and Property of Our Subjects and upon these grounds they have presumed by a Publick Declaration to invite Our good Subjects of Our Kingdom of Scotland to joyn with them and to take up Arms against Vs their Natural Liege Lord. Lastly to this purpose they endeavour as well in Publick as by secret Insinuations to beget an apprehension in them that if We prevail so far here as by the blessing of God to preserve Our self from the Ruine they have designed to Vs the same will have a dangerous influence upon that Our Kingdom of Scotland and the Peace established there and that Our good Laws lately established by Vs for the Happiness and Welfare of that Our Native Kingdom will be no longer observed and maintained by Vs than the same Necessity which they say extorted them from Vs hangs upon Vs but that We will turn all our Forces against them a Calumny so groundlesly and impiously raised that if We were in any degree conscious to Our Self of such wicked Intentions We should not only not expect a dutiful Sense in that Our Native Kingdom of Our Sufferings but should think Our Selves unworthy of so great Blessings and eminent Protection as We have received from the hands of the Almighty to whom We know We must yield a dear Accompt for any Breach of Trust or failing of Our Duty toward Our People But as We have taken special Care from time to time to inform Our good Subjects of that Our Native Kingdom of the Occurrences here particularly by Our Declaration of the 12th of August wherein is a clear plain Narration of the beginning and progress of Our Sufferings to that time so the bold and unwarranted Proceedings of these Desperate Incendiaries have been so publick to the World that Our good Subjects of Scotland could not but take notice of them and have observed that after We had freely and voluntarily consented to so many Acts of Parliament as not only repaired all former Grievances but also added whatsoever was proposed to Vs for the future benefit and security of Our Subjects insomuch as in truth there wanted nothing to make the Nation compleatly Happy but a just sense of their own excellent Condition a few discontented ambitious and factious Persons so far prevailed over the Weakness of others that instead of receiving that return of Thanks and Acknowledgment which We expected and deserved Our People were poysoned with Seditious and Scandalous Fears and Iealousies concerning Vs We were encountered with more unreasonable and importunate Demands and at last were driven through Force and Tumults to flee from Our City of London for the Safety of Our Life After which We were still pursued with unheard-of Insolences and Indignities and such Members of either House as refused to joyn in these unjustifiable Resolutions were driven from these Councils contrary to the Freedom and Liberty of Parliament insomuch that above four parts of five of that Assembly was likewise forced and are still kept from thence Our Forts Towns Ships and Arms were taken from Vs Our Money Rents and Revenue seized and detained and that then a powerful and formidable Army was raised and conducted against Vs a good part of which was raised and mustered before We had given Our Commissions for Raising one Man that all this time We never deny'd any one thing but what by the known Law was unquestionably Our Own That We earnestly desired and pressed a Treaty that so We might but know at what price We might prevent the Miseries and Desolation that were threatned That this was absolutely and scornfully refused and rejected and We compelled with the assistance of such of Our good Subjects as came to Our Succour to make use of Our Defensive Arms for the Safety of Our Life and Preservation of Our Posterity What passed since that Battel hath been given Vs Our Own Person and Our Children endeavoured to be destroyed those unheard-of Pressures have been exercised upon Our poor Subjects by Rapine Plundering and Imprisonment and that Confusion which is since brought upon the whole excellent Frame of the Government of this Kingdome is the Discourse of Christendom We are very far from making a War with or against Our Parliament of which We Our Selves are an essential part Our principal Quarrel is for the Priviledges of Parliament as well those of the Two Houses as Our Own if a few Persons had not by Arts and Force first awed and then driven away the rest these Differences had never arisen much less had they ever come to so bloudy a Decision We have often accused these Persons against whom Our Quarrel is and desired to bring them to no other Trial than that of the Law of the Land by which they ought to be tried As We have been compelled to take up these Defensive Arms for the Safety of Our Life assaulted by Rebellious Arms the Defence of the true Reformed Protestant Religion scornfully invaded by Brownists Anabaptists and other Independent Sectaries who in truth are the principal Authors and sole Fomenters of this unnatural Civil War for the Maintenance of the Liberty and Property of the Subjects maliciously violated by a vast unlimited Arbitrary Power and for the Preservation of the Right Dignity and Priviledges of Parliament almost destroyed by Tumults and Faction so what hath by Violence been taken from Vs being restored and the Freedom of Meeting in Parliament being secured We have lately offered though We have not been thought worthy of an Answer to Disband Our Army and leave all Differences to the Tryal of a full and peaceable Convention in Parliament and We cannot from Our Soul desire any Blessing from Heaven more than We do a peaceable and happy End of these unnatural Distractions For the malicious groundless aspersion of having an Army of Papists though in the Condition and Strait to which We are brought no man had reason to wonder if we received assistance from any of Our Subjects of what Religion soever who by tâ—e Laws of the Land are bound to perform all offices of Duty and Allegeance to Vs yet it is well known that We took all possible Care by Our Proclamations to inhibit any of that Religion to repair to us which was precisely and strictly observed notwithstanding even all that time We were traduced as being attended by none but Papists when in a Month together there hath not been one Papist near Our Court though great numbers of that Religion have been with great alacrity entertained in that Rebellious Army
against Vs and others have been seduced to whom We had formerly denied Imployment as appears by the examination of many Prisoners of whom We have taken Twenty and Thirty at a time of one Troop or Company of that Religion What Our Opinion is of that Religion Our frequent Solemn Protestations before Almighty God who knows Our Heart do manifest to the World And what Our Practice is in Religion is not unknown to Our good Subjects of that Our Native Kingdom And as We have omitted no way Our Conscience and Vnderstanding could suggest to be for the promoting and advancing the Protestant Religion so We have professed Our readiness in a full and peaceable Convention of Parliament to consent to whatsoever shall be proposed by Bill for the better Discovery and speedier Conviction of Recusants for the Education of the Children of Papists by Protestants in the Protestant Religion for the prevention of the Practices of Papists against the State and the due Execution of the Laws and true Levying of Penalties against them so We shall further embrace any just Christian Means to Suppress Popery in all Our Dominions of which Inclination and Resolution of Ours that Our Native Kingdom hath received good evidence For the other malicious and wicked Insinuations that Our Success here upon the Rebellious Armies raised to destroy Vs will have an influence upon Our Kingdom of Scotland and that We will endeavour to get loose from those wholsom Laws which have been enacted by Vs there We can say no more but Our good Subjects of that Kingdom well remember with what Deliberation Our Self being present at all the Debates We consented to these Acts and We do assure Our Subjects there and call God Almighty to witness of the uprightness and resolution of Our Heart in that point that We shall always use Our utmost Endeavours to defend and maintain the Rights and Liberties of that Our Natiâ—e Kingdom according to the Laws established there and shall no longer look for Obedience than We shall govern by the Laws And We hope that Our zeal and carriage only in Defence of the Laws and Government of this Kingdom and the subjecting Our Self to so great hazard and danger will be no argument that when the Work is done We would pass through the same Difficulties to alter and invade the Constitutions of that Our other Kingdom We find disadvantages enough to struggle with in the Defence of the most upright innocent just Cause of Taking up Arms and therefore if We wanted the Conscience we cannot the Discretion to tempt God in an unjust Quarrel The Laws of Our Kingdom shall be always Sacred to Vs We shall refuse no hazard to defend them but sure We shall run none to invade them And therefore We do conjure all Our good Subjects of that Our Native Kingdom by the long happy and uninterrupted Government of Vs and Our Royal Progenitors over them by the Memory of those many large and publick Blessings they enjoyed under Our dear Father by those ample Favours and Benefits they have received from Vs by their Own Solemn National Covenant and their Obligation of Friendship and Brotherhood with the Kingdom of England not to suffer themselves to be misled and corrupted in their Affections and Duty to Vs by the cunning Malice and Industry of those Incendiaries and their Adherents but to resist and look upon them as Persons who would involve them in their Guilt and sacrifice the Honour Fidelity and Allegiance of that Our Native Kingdom to their private Ends and Ambition And We require Our good Subjects tâ—ere to consider that the Persons who have contrived fomented and do still maintain these bloody Distractions and this unnatural Civil War what pretence so ever they make of their Care of the true Reformed Protestant Religion are in truth Brownists and Anabaptists and other Independent Sectaries and though they seem to desire an Vniformity of Church-Government with Our Kingdom of Scotland do no more intend and are so far from allowing the Church-Government by Law established there or indeed any Church-Government whatsoever as they are from consenting to the Episcopal and We cannot but expect a greater sense of Our Sufferings since the obligations We have laid on that Our Native Kingdom are used as arguments against Vs here and Our free consenting to some Acts of Grace and Favour there which were asked of Vs by reason of Our necessary residence from thence have encouraged ill-affected Persons to endeavour by Force to obtain the same here where We usually reside To conclude We cannot think that Our good Subjects there will so far hearken to the Treason and Malice of Our Enemies as to interrupt their own present Peace and Happiness and God so deal with Vs and Our posterity as We shall inviolably observe the Laws and Statutes of that Our Native Kingdom and the Protestations We have so often made for the Defence of the true Reformed Protestant Religion the Laws of the Land and the Iust Priviledges and Freedom of Parliaments With these Publick Orders His Majesty also sent the Marquis a Patent to be a Duke The King sends the Marquis a Patent to be Duke as a recompence of the great Services he was then doing and had formerly done him Scarce were these Lords come to Scotland when one Walden an Agent sent from the Two Houses to Scotland The Lords pursued as Incendiaries upon the pretence of the Treaty about Ireland gave in a Complaint to the Council against them on the account of a Letter that was intercepted signed by them all at Latham the Earl of Darby's House in Lancashire where they were as they came down in which they gave the Queen some Informations and Advices about the State of the Kings Affairs in that County This was charged on them as Incendiarism and Walden desired liberty to pursue them on that Head whereupon they first drew some Defences but because these would have been found more guilty of the alledged fault than the Letter it self they being made up of a Justification of the Kings Armes in England they answered this Complaint by a Petition wherein they declared they had never instigated the King into a Breach with his Two Houses and that there was nothing on earth they desired more earnestly than to see a happy Settlement betwixt them therefore they intreated that no Misrepresentations might be received or listened to against them The Church-party saw this would be a good way to be rid of the Trouble and Opposition they feared from these Lords and â—efore cherished Walden's Motion but they were told that they could not fix any Censure on that Matter without judging of the whole Business for if the Kings Quarrel was just those Lords acted as became faithful Subjects whatever might be in that none in England could challenge them for Serving him in it till themselves had declared against it which was not yet done The force of this Reasoning constrained them against their
Hearts to yield much more than the Authority of the Kings Commands who having got notice of it from the Earl of Lindsay wrote down to Scotland peremptorily commanding them to desist from any such pursute if it were begun requiring also his Advocate to appear for them in His Majesties Name if they were pursued The Earl of Lanerick wrote to the King what follows May it please Your Majesty I Shall here Humbly presume to let Your Majesty know that before any of Your Scotish Servants who lately parted with Your Majesty at Oxford Lanâ—rick 's account of Affairs to His Majesty could possibly come hither the Chancellour had made his Report to the Council and Conservatours of the Treaty and Mr. Henderson to the Commissioners of the General Assembly of their Employments to Your Majesty where Your Answers to their Desires were found not satisfactory and thereafter Your Majesties Council Commissioners for the Treaty and Common Burdens having joyned together for giving of Security for such Moneys as should be levyed for the Maintenance of Your Majesties Scotish Army in Ireland they thought fit without admitting of any delay until Your Majesties Pleasure were known to call a Convention of the Estates as their several Acts and Proclamations to that effect here inclosed will more particularly shew Your Majesty And for the present Your Majesties Servants who came lately hither having only met with three or four of those whom Your Majesty appointed them to consult with have thought fit to advise with some others of the same Affection and Forwardness to Your Majesties Service before they presume to give Your Majesty any Advice upon the present Occasions being matters of so great Weight and so highly concerning Your Majesties Service but they have taken the readiest and most speedy Course they can think upon for Meeting and Consulting with them and thereafter are immediately to return hither from whence they will with all diligence offer unto Your Majesty their humble Opinion In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs as Your Majesty was pleased to direct me shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State not having been able to deliver Your Majesties Letter to Your Council who were dissolved before my coming and my Lord Chancellour is gone out of Town without whose Appointment there can be no extraordinary Meeting so that I believe Your Majesties Gracious Declaration to Your Scotish Subjects cannot be published before that time nor till then can I be able to give Your Majesty any further account of Your Affairs here though in the mean time I shall study to serve Your Majesty faithfully according to the Duty of Your Majesties Most humble and most faithful and most obedient Subject and Servant LANERICK Edinburgh 18th May. 1643. In the end of May there was a Meeting of about thirty Noblemen where these two Questions were proposed The Lords consult what to advise His Majesty First if it were fit for the Kings Service that the Convention should be suffered to hold Next if it held whether those who were well-affected to the Kings Service should fit in it There were three or four Days spent in debating upon these Heads some moved that since by the calling of this Convention the other Party had so far encroached upon the King they should presently break with them this Motion came chiefly from other Lords who would not come to that Meeting But it was answered that the King as he would not give Commissions for raising an Army in England till he knew the Parliament had first done it on their side so it was his positive Pleasure that his Party should not make the first Breach which the King judged so much for his Honour that no Consideration could move him to dispense with it yet these who made that Proposition were desired to lay down ways how it could be made effectual since it was Madness and not Courage to hazard the Ruine of the Kings Service and Friends without at least a likelyhood of being able to carry it through with some Success All things being examined it was concluded that the following Message should be sent to His Majesty which was set down in a Paper dated the 5th of Iune but because of the War in England they committed it verbally to a Trusty Bearer lest it had been intercepted A Convention was indicted by the Chancellour and such others of the Council as have signed His Majesties Letter thereabout with the Advice and Concurrence of the Committees for conserving the Treaty and Common Burdens to be kept at Edinburgh the 22th of June whereby it is conceived His Majesty suffers exceedingly in His Regal Authority in the Calling thereof without his Special Warrant A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name expressing a danger to Religion His Majesties Person and the Peace of this Kingdom from Papists in Arms in England which in that appears to be contrary to His late Declaration sent to Scotland Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh and after three or four days Debate considering the exigency of Time the present posture of Affairs and the disposition and inclination of the People of this Country did not conceive it fitting that His Majesty should absolutely discharge that Meeting which certainly would be kept notwithstanding of any Discharge from Him which would both bring His Authority in greater Contempt and lose more of the Affections of the People whereby the Power of His Majesties Servants would be lessened but rather that His Majesty should so far take notice of the Illegal Calling thereof and His Own Suffering thereby that the same remaining upon Record may be an evidence to Posterity that this Act of theirs can infer no such Precedent for the like in the future but afterwards His Majesty or His Successors may Legally question the same And that His Majesties Servants here may be better enabled and strengthened with the assistance of others of His Majesties faithful Subjects who truly and really intend nothing but the Security of Religion as it is here established and are altogether averse from and against the Raising of Arms or Bringing over the Scotish Army in Ireland whereby His Majesties Affairs or their own Peace may be disturbed they conceive it fit that His Majesty should permit this Convention to Treat and conclude upon such Particulars as may secure their Fears from any danger of Religion at home without interessing themselves in the Government of the Church of England And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland whereby they may have some colour or ground for recalling them it is conceived necessary that this Convention should have a Power from His Majesty to advise and resolve upon all fair and Legal wayes for Entertaining the
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
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
them and possibly by their desperate Resolutions of their Engaging them in a bloody and unnatural War Those Injuries to Vs and Oppreâ—sions upon them We expect you whom We have with Advice of Our Parliament entrusted with managing the greatest Affairs of that Our Kingdom will particularly resent and therefore We have thought fit to require you immediately after the receipt hereof to publish in Our Name a Proclamation to all Our loving Subjects of that Our Native Kingdom prohibiting them under all highest pains to give Obedience to any Act or Ordinance of that pretended Convention or of any Committee pretending a Power or Authority from them but to oppose by Armes or otherways all such Persons as shall endeavour to put in execution any Acts of theirs but such as We expressed in Our Letter We mentioned of the tenth of June which was so much slighted as it was refused to be Recorded for the Raising of Forces or Recalling Our Scotish Army in Ireland or any part thereof without Our Knowledge and Consent and We do likewise require that no Taxes imposed upon Our Subjects by that pretended Authority be paid assuring all Our Loving Subjects of Our Protection in the Obedience of these Our Commands for which these shall be your Warrant which We require you to Record Given at Our Court at Oxford the 26th of September in the 19th Year of Our Reign 1643. With these His Majesty wrote to my Lord Lanerick CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour The Kings Letter to Lanerick We Greet you well We have sent to Our Privy-Council of Scotland Our Letters of Direction what they shall do now that the General Meeting there hath proceeded to such strange and undutiful Resolutions beyond the Matter We prefixed them to treat upon by Our former Letter Of those Our Letters We have sent you an exact Copy and particular Directions to your self what you shall do in order thereunto when you shall think fit for Our Service to make use of the same But We leave it now to your Discretion and the Iudgment of the rest whom We have entrusted with the Affairs of that Our Kingdom to deliver these Our Letters to Our said Privy-Council at that time and no sooner than you shall conceive to be most conducible to Our Service and the Good of that Kingdom for if you shall find that no Obedience is likely to be given to those Our Commands you are to consider how far you who are Our faithful Servants there will be able to withstand those Insolences which of necessity must follow upon such Disobedience and what the Consequence will be to anger before We be able to punish such Offenders But Our Will is that you forthwith publish the other anent the Proclamation Precept or Warrant falsly published in Our Name and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive most to conduce to Our Service as you will answer to Vs at your peril and for so doing this shall be a sufficient Warrant to you and those others entrusted by Vs as aforesaid Given at Our Court at Oxford 26th of September 1643. The Lords whom His Majesty trusted judged it not fitting to present the Letter written to the Council and suppressed it But His Majesty wrote another Letter to the Council about the Proclamation which was issued forth in his Name by the Convention of Estates which follows CHARLES R. The Kings Letter about the Proclamation to the Council RIght Trusty and Right well-beloved Cousin and Councellours and Trusty and well-beloved Councellours We greet you well Whereas We were graciously pleased to condescend that this present Meeting in Our Kingdom of Scotland of Our Nobility there and the Commissioners for Shires and Burroughs should resolve and conclude of such particular Affairs as We specified and allowed to them for the Security and Good of that Our Kingdom in Our late Letters to them dated the 10th of June last and for as much as we have to Our great amazement newly seen a Paper in form of a Proclamation Precept or Warrant in Our Royal Name dated at Edinburgh the 18th of August subscribed Per Actum Dominorum Conventionis Arch. Primrose Cler. Conven Being a Paper most impudently set forth without Our Privity or any Authority from Vs and tending to cast Our beloved People of that Our Native Kingdom into the like and more bloody Combustions and Rebellions Violation of their Religion and Allegeance to Vs and Laws of that Our hitherto peaceful Native Kingdom as hath been here practised by the malicious enemies of Peace and Government We have therefore upon good Deliberation and out of Our Princely and Gracious Care of Our People and of the Tranquility of that Our Native Kingdom as it was so lately and well setled by Our Self thought fit to Declare and we do hereby Declare unto you that We utterly dislike and disallow it forbidding all Our Subjects to obey the same and all other Papers published in Our Name which shall not immediately be warranted by Vs and We do hereby will and command you forthwith openly to publish these Our Letters to let all Our People understand Our Pleasure herein And lastly Our Pleasure and Command is that you cause these Our Letters to be forthwith recorded in the Books of Our Privy Council of that Our Native Kingdom for all which these Our said Letters shall be your sufficient Warrants Given at our Court at Oxford the 26th day of September in the 19th Year of Our Reign 1643. He wrote also to the same purpose to the Earl of Lanerick CHARLES R. His Majesties Letter to Lanerick to the same purpose RIght Trusty and Right well-beloved Cousins and Councellour We Greet you well Whereas We have thought fit for the Good of Our Service and Safety of Our People to require Our Council to publish a Proclamation in Our Name to all Our loving Subjects in Scotland discharging them to give Obedience to any Act or Ordinance of the Pretended Convention of the Estates at Edinburgh the 22d of June or of any Commitee pretending Authority from them but to oppose with Arms or otherways all such Persons as shall endeavour to put in execution any Act of theirs but if Our Privy Council shall not give present Obedience to Our Commands and publish this Our Pleasure these are to require you to take what Course you shall think most fit to make this Known to all Our loving Subjects either by giving Warrant in Our Name to Print Our Letter to Our Council or by sending attested Copies thereof to all the Nobility Sheriffs of Counties and Majors of Towns within Our Kingdom of Scotland a Duplicate whereof you will herewith receive under Our Own Royal Hand and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive
himself into Affairs and if he did not act only as he was commanded and employed by him nor does the Defendant know who those Noblemen were that made such Offers His Majesty knows better if any such were made The Defendant knows well that some of his Accusers made some Offers to Her Majesty about eight Months after His Majesty had sent him to Scotland Comp. p. 212. with p. 195. but as these Offers were designed to make His Majesty the first breaker which would have been infinitely to the prejudice of His Service and have given incurable jealousies to the Subjects of all His Majesties Concessions so no rational Methods were proposed for prosecuting them and it seemed they flowed from the desperate State those Lords were in who had engaged as deep against the King as any had done but afterwards not meeting that Esteem and those Rewards which their Ambition and Vanity had designed and their Fortunes being ruined they pretended much zeal for the Kings Service but offered no rational appearances of being able to prosecute what they undertook But the Defendant as both their Majesties well know laid the whole Matter before them with his own Opinion and the grounds on which he went and they do also know with what impudent Falshood it is alledged See p. 21â— 227 228. that he undertook to keep the Kingdom of Scotland in Peace since both in his Discourses and Letters he often said he would undertake for none but himself and that he very much feared the Conjunction of that Kingdom with the Two Houses and that the utmost of his Hopes was to keep off things by delays for that year and in this he appeals to His Majesty and to all in the Court with whom he kept Correspondence And for his Engagements to break with the Marquis of Argyle if he did not faithfully adhere to His Majesties Interests it is well known how ill an understanding and how little Correspondence hath been betwixt the Defendant and Argyle these twelve Months past His Majesty also knows See p. 210. that when the Chancellour of Scotland was sent up last the Defendant wrote to him to look well to him for it was believed and it was the Defendant's own Opinion that if he went to London he would engage in an Union with the Two Houses in name of the Kingdom of Scotland of which when His Majesty challenged the Chancellour he denied it and said These were Jealousies infused into His Majesty by the Defendant so far was he from abusing His Majesty with vain Hopes Nor is it strange that his Enemies charge Falshoods on him in Matters pretended to be transacted among few hands since they are so impudent in Matters that were publick as to say that immediately upon his return to Scotland a Convention of Estates was called Comp. p. 195. and p. 218. for that was not done but after he had been sent to Scotland almost a whole year and all that time the Defendant did render His Majesty such Services that he was pleased out of His Royal Goodness not only to write him many Letters of Thanks but to confer divers marks of His Favour on him And when the Convention of Estates was appointed to be called See p. 21â— the Defendant did all he could to oppose that Resolution and entred his Declaration against it which is yet upon Record having omitted nothing he could either say or do to hinder the Calling of it for which Service he received a particular Letter of Thanks from His Majesty and the Defendant says See p. 232. that there was no Letter written from His Majesty to him to hinder the meeting of that Convention nor does he know who are meant by his Complices or Cabal as they are afterwards called except those Lords whom His Majesty joyned with the Defendant in the Instructions he sent them The first Article of these being that they should do all was possible for avoiding Divisions among His Majesties Subjects See p. 219. and a Latitude being left for them to do what might be most for His Majesties Service on their perils and as they should be answerable See p. 245. they were to consider what was most to His Majesties Service It is true His Majesty did direct a Letter to the Council to forbid the meeting of the Convention See p. 230. but did remit it to the consideration of the Lords whom he had trusted whether it were fitter to deliver or conceal it upon which they were obliged to consider what was best to be done nor was it fit for them to divulge that Letter till it was considered whether it should be made use of or not But the Lords that had His Majesties Trust did call some meetings of all who were judged best-affected to consider what Advices were to be offered to His Majesty and they all did return their joynt-Advices See p. 226. with the reasons that prevailed with them to His Majesty wherein the Defendant was but one of seven and so is not to be charged nor answerable for the Advice so given since they only offered Advertisements to the King with their Advices and the reasons that prevailed with them and as His Majesty who could only judge what Advices were best gave Orders so they did Act if the Advertisements sent were false or their Advices against Law they are accountable for them but are not bound to answer for the good success of every thing they advised that being in the hands of God and neither the Defendant nor any other joyned with him in Trust did advise His Majesty to authorize the Convention but only to allow them liberty to sit so they kept within the prefixed Limits And there was good reason for offering such Advice His Majesties Affairs not being in so promising a condition that it was fit for them to begin the Rupture and it was certain that these who called the Convention without His Order would have acted in it notwithstanding His Prohibition which must have either affronted His Authority or precipitated a Breach which could not have been done at that time without the Ruin of the King's Affairs in that Kingdom The Defendant did at that time desire the Earl of Calander that he would use his Endeavours with some of these who pretended zeal for the King's Service and are now the Defendant's Accusers that they would lay aside all private Animosities and concur in His Majesties Service and offer their Opinions with the Method in which they desired things might be carried on and the Defendant offered them all possible satisfaction in every thing for which they stood at a distance from him but that Earl brought Answers very far different from what they pretend they sent and all wise men looked on their Propositions as so extravagant and unpromising that none could think them fit to be followed But the Defendant denies there were any such Engagements passed as in the Article is falsly alledged yet
that he might make trial of all those large professions of Affection and Duty they had alwayes made This Design was communicated to the Earl of Lauderdale then at London but he as he informed the Writer studied to disswade His Majesty from it assuring him that he knew the Army and the Church-party whiâ—h then prevailed in Scotland would not be firm to him unless he yielded to their Demands about Religion but notwithstanding that upon some slender Assurances got from Mons. de Montrevil Agent from the French King His Majesty went to the Scotish Army the particulars whereof and of the subsequent as well as fore-going Publick Affairs not being the chief business of these Memoires little more is any-where toucht of them than what is necessary for making out the thread of the Dukes Concerns so as it may set them in their true light The Commissioners are sent to him from Scotland Assoon as this was known at Edinburgh the Committee of Estates which was then sitting sent the Earl of Lanerick and some others to wait on His Majesty with great expressions of their Duty and good Intentions protesting how dear the Preservation of His Sacred Person and His Just Power and Greatness should ever be to them wherefore they expected His Majesty would give full satisfaction to the Just Desires of His Subjects and as a preparation to this that He would recall any Commissions He had given against the Kingdom of Scotland But these Commissioners were ordered to do nothing that might raise Jealousies betwixt the Kingdoms and therefore were to Treat joyntly with such Commissioners as should be sent from the Two Houses And as they of Scotland sent their Commissioners with these Instructions yet extant so they emitted a Proclamation forbidding any to go out of the Kingdom without Publick Permission which was done to hinder those of the Kings Party from coming to him What Reception my Lord Lanerick had from His Majesty doth not appear to me but I find he was very quickly as well seated in the King's Affection and Confidence as ever On the 13th of May the Scotish Commissioners presented their first Paper which went not beyond general things containing a Welcome with an offer of their Service according to the Covenant But in their next Paper they pressed the King to send a Message to his Two Houses for a Happy Peace who press the King to settle matters not being satisfied with that Letter he had formerly written to the Speaker of the House of Peers since no grounds were laid down for a Pacification a Treaty being only in general terms desired Of all these Papers that passed the Originals do yet remain Next day the King called both for the chief Officers of the Army The King complains of the ill usage he met with and the Commissioners sent to him out of Scotland and in presence of Mons. de Montrevil did expostulate That whereas He had come to their Army upon the Assurances Mons. de Montrevil had given him that He should be safe in His Person Honour and Conscience the two last were not kept for he was pressed to settle Religion as they desired wherewith his Conscience was not satisfied next His Subjects had not free access to Him but Proclamations were issued out forbidding them to come to Him neither was the Ceremony due to Him as King suffered to be paid Him at His entry to Newcastle and lastly His Servants were not suffered to wait on Him And His Majesty attested Montrevil if those conditions were not made to Him who confidently affirmed it in all their presence and that he had the authentick Assurances in French The Commissioners retired to think of an answer but when they returned they desired His Majesty would put Montrevil to it to declare what those Assurances were and who gave them but this was not done Next they said they would not Treat with the King in his Presence nor admit of the interposition of any Foreign Agents betwixt them and their Native Prince And the Commissioners of the Army resolved that no suspected Person should be suffered to wait on the King with which His Majesty was highly displeased and for some days would not eat in publick but only in his Chamber But because there were many in the Army who would have engaged cordially for the King on any terms to lesâ—en the apprehension of this they got a Petition to be signed by almost all the Considerable Officers of the Army yet extant that His Majesty would settle Religion according to the Covenant and that He would enter into it Himself and authorize it by His Command On the 18th of May His Majesty wrote another Letter to the Two Houses desiring them to send Propositions for Peace and in order to that The King moves for a Treaty He again offered to put the Militia into their hands for 7 years as had been offered at Vxbridge He demanded also a Safe-conduct for sending Orders to stop all further Proceedings in Ireland since He was resolved to leave the management of that War wholly to the Two Houses He shewed His Letter to the Scotish Commissioners but because it contained no Offer about Religion they were not satisfied with it yet it was sent The next thing the Commissioners from Scotland moved was that His Majesty would recall the Commissions He had given out against the Scotish Nation for the clearing whereof somewhat must be resumed that passed in those years which I have run over so hastily In the beginning of the year 1644. the King gave a Commission to the Marquis of Montrose A short Account of Montrose's Affairs to see what could be done in Scotland by Force for diverting the Army that was then entring into England He had great hopes of making a strong Party in Scotland and doubted not but he should be able with the Assistance Antrim undertook to send him out of Ireland to give the Scotish Army work enough at home but his hopes failed him for all were so over-awed by the Power of the Covenanters that none would stir till about the end of the year Some came out of Ireland but far short of the number that was promised and with these and a few of the Scotish Nation he adventured to disturb the Covenanters the particular Narration of whose Enterprizes is not to be here prosecuted This was judged by all a bold and desperate Attempt for as his Force was small so they wanted Arms and every thing necessary Some of the Wisest of the Covenanters advised them not to engage with him in any Action except on terms full of advantage but to follow him up and down whither he went securing the Country from Spoil and Plunder for they judged that his Men being so unprovided as they understood they were would not hold out long in the Hills but be forced either to lay down their Arms or break out in Mutinies among themselves whereby they should have been starved with
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
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
the 29th of November we shall first humbly acknowledge Your Favour by conferring so great a Trust on us and do engage our selves to the exactest Secrecy As for a Personal Treaty we are resolved still to insist on it and that London may be the Place but as to Your coming hither in Person Your Majesty not having signified to us Your Resolution of declaring or concealing Your being here or upon what assurance of Safety you can do either as Affairs now stand we dare not presume to giâ—e a positive Advice herein but leave it to Gods Direction and Your Wisdom though we wish from our Souls You were out of those hands you are now again in And albeit we can no ways joyn with Your Majesties Message yet whatever Success our Endeavours for a Personal Treaty shall have or what Place soever Your Majesty puts Your Self into You may be confident that you shall still have the reallest Assurance and faithfullest Services of Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 1st Dec. 1647. Sir JVst now we received Your last of the 29th of November The first of that Date we answered by James Cunningham and can now say no more as to Your coming to London than we did by him for though nothing is so much wished by us as Your being out of their Power in whose hands You have put Your Self yet we know not in what Safety Your Person could be here at London considering the present Temper of the Two Houses the Distempers of the Army and the irresolution of the City But not knowing what grounds Your Majesty goes upon we cannot judge of that Design yet since You are pleased to command us to offer our sense of a better if we approve not of this we shall presume to propose to Your Majesty Your Town of Berwick as a Place both of Safety to Your Person and of advantage for prosecuting Your ends of Peace whether by a Treaty or otherwise of restoring Your Self to Your Power and Your People to their former Happiness The Prejudice of abandoning Your Kingdom of England while Your Parliament is Sitting will thereby be evited Your Friends whether at home or abroad will have free access unto You and if You shall think fit to make use of the Affections of Your Scotish Subjects You already know upon what terms You can engage them either to restore You or fall with You. And as to the Safety of Your Person besides the Affection of these Northern Places which is very great and the Strength of the Place it self which upon Your Arrival with a few of Your English Friends may be possessed by You Scotland hath not only 1200 Horse now together upon the Borders but will be ready to imploy their whole Power for Your Personal Preservation in case of danger If Your Majesty approves of this Motion You will think upon the best speediest and safest way of executing it and either in this or what else You command we will constantly shew our selves Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK Dec. 4. 1647. On the 6th of December His Majesty sent a new Message to the Two Houses with which he wrote to the Scotish Commissioners AS I heartily thank you for your Freedom The King sends a Copy of His Message to the Scotish Commissionerâ— thereby perceiving your hearty endeavours for My Recovery so there are so many Particulars that I cannot at this time give you a positive Answer but shall within few days In the mean time I earnestly desire you to use your uttermost Endeavours for procuring a Personal Treaty which for the present will be the most acceptable Service you can do to Your most assured real constant Friend CHARLES R. POSTSCRIPT I have sent you a Copy of a new Message here inclosed to the Two Houses not doubting but you will second it also desiring you speedily to advertise Me of any Resolution that shall be taken to My disadvantage by the Houses and of this I pray you be very watchfull The Message being among the Printed Messages is not inserted here the Reader being referred to that Collection The substance of it was An Expostulating that no return had been made to his last Message notwithstanding which His Majesties constant tenderness to the Wellfare of His Subjects and the sad condition they were now driven to did so far prevail upon Him that he vehemâ—ntly pressed a Personal Treaty as the best means of Peace so that the blame of retarding so great a Work must fall somewhere else than on His Majesty who as He had already offered to devest Himself of much of His Authority so He did not doubt but if they met Him with the same Resolutions with which He would meet them the Kingdom should at last enjoy the Blessings of a long-wished Peace At this time the Two Houses were designing to make His Majestie a close Prisoner of which the Scotish Lords gave the King notice in the following Letter Sir They discover to him Designs against Hiâ— Person WE are this day certainly informed that the Committee appointed for Your Majesties Papers whereof Mr. Lyle of the Isle of Wight hath the Charge and whereof Mr. Martin Scot and that Cabal are Members have resolved that present Order should be given for making Your Majesty a close Prisoner and to remove Ashburnham Berkeley and Leg from You and commit them to close Prison with Resolutions to proceed to Extremities against Your Majesties Person The knowledg of this came to us from Jack Denham besides a Member of that Committee this day assured My Lady Carlisle that within 24 hours Your Majesty would be a close Prisoner And to our certain knowledg there are Debates amongst the eminent Persons by one mean or other to destroy Your Majesties Person and Consultations have been here and in the Armies for this effect Our information comes from some who were present at both we could not be at quiet till we had advertised Your Majesty of this nor can we propose any better Remedy than we did express by Andrew Cole If Your Majesty does not resolve and act speedily we fear our Endeavours to serve You will be too late which would be the greatest Affliction could come to Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 8th Decemb. 1647. POSTSCRIPT Jack Denham's Intelligence is from the Clerk of the Committee At this time the Earl of Traquair came to wait on the King Traquair waits on the King and gave Him great hopes of the Fidelity of some of the most rigid of the Church-party in Scotland He was sent by His Majesty to the Scotish Commissioners with the following Letters THe coming of Traquair hath much eased the pains which otherwise I must have taken in performance of that Promise I made you iâ— My last Letter by And. Cole but I care not
Procedure of the Parliament in this matter shall be set down from some of the Earl of Lanerick's Letters which the Writer chooses rather to insert than any Discourse of his own The first was written to a Friend at London but to whom it appears not I Had given you an account of the Condition of Affairs here long ere now Some of Lanerick's Letters had I known how to have addressed my Letters and however this be an uncertain way yet because possibly it may come to your hands first I shall acknowledge the receipt of yours the of the last Moneth which I have in part obeyed and to that end have written to Ireland to those I have interest in and I am confident that our Army there will follow our Advice in order to the Kings Service but our Difficulties here are greater than you can imagine for the same disloyal spirit that hath governed these years past is yet so powerful as to obstruct though I hope they shall not be able to destroy our Designs of serving the King and the same Instruments the Devil hath hitherto made use of are still the rigid Opposers of all dutiful Motions Many amongst us pretend to Loyalty but have such faint Hearts and love their Fortunes so well that they dare not act where there is danger others have both Courage and Affection but their Ambition will not allow them to act if they be not absolute and they have no power of themselves without a Conjunction with some of greater Eminence than themselves Thus while we are tearing our selves in pieces through Factions and Self-interests perit Saguntum our King is forgot and may God forget them that do so But though the Chancellour hath made a foul Defection and these that pretend Affection to the King are not so united as they ought to be yet I despair not but that with Gods assistance in despight of all opposition we will force an Engagement or perish I cannot descend to the Particulars only this I will assure you that all you have interest in are intirely right and resolute Adieu The next of Lanerick's Letters that are in the Writers hands was to His Majesty dated the 13th of April 1648. OVr last was of the fourth of this Moneth to be conveyed to you by Doctor Frazer In it did we shew you in general what extraordinary Opposition we met with here in our Desires to serve You but some of them we are now got over for to morrow it will be resolved that the Kingdom shall be presently put in a Posture and the whole Forces or such parts of them as shall be appointed are to be ordered to be ready to march when they shall be required and while this is doing we have voted the sending of three Demands to the Parliament of England having found all the Articles of the Covenant and divers of the Treaties highly violated The first is concerning Religion wherein we are very high and full knowing it will be refused and we thereby obliged to resent it besides our Design is rather to fix the Denial thereof on them than on Your Majesty The second is that Your Majesty may come to some of Your Houses in or near London with Honour Freedom and Safety where the Parliaments of both Kingdoms may make their Applications to Your Majesty for obtaining a well-grounded Peace The third is that the present Army under the Lord Fairfax be disbanded to the end that all the faithful Members of both Houses may with Safety return to attend their Charges the Parliament may Sit and Vote in Freedom both Kingdomes without their interposition may make their Addresses to Your Majesty and the Settlement of Religion and a common Peace be no longer hindred nor obstructed These Demands are to be sent by a Messenger who is to have a few days limited him for his Return We are forced to move by these steps which certainly will either speedily procure Your Majesties Freedom or an Engagement Our Opposition from the Ministers doth still continue but many formerly of their Party are ashamed of their unwillingness to all Duties and particularly Balmerino who is Lauderdale's Convert By the power of Perswasion our Army in Ireland hath offered their Service to us which may be of excellent use many ways Thus Sir you have the true Condition of Affairs but as we proceed which I confess is in a most horrid dull pace I shall still presume to give You an account of it as a part of our Duty Great Endeavours are used by some that we may again send our Desires concerning Religion to Your Majesty for their zeal will not allow them to hazard their Lives for Your Person who will as they say no sooner be at Liberty than you will destroy all that they have been doing with the hazard and expence of so much Blood and Treasure for Religion But this is as yet waved and forced Concessions such as certainly those must be while Your Majesty is in Prison are alledged can bring but small Security to Religion The next of the 18th of April was to a Friend at London I Had resolved upon eternal Silence since I could not but be wrapped in the guilt of others for their disloyal Delays nor should the receipt of yours of the 10th Instant have invited me to have broke that Resolution had not this days Proceedings in Parliament revived my languishing Hopes I shall not mention any thing of my last Dispatch upon Friday by Fisher but this day we have past in Parliament the great Act of putting this Kingdom into a posture of Defence under pretence whereof we mean to raise our Army the Colonels and Committees of War in several Counties are to be named on Friday next Besides this we have presented to the Parliament a large Declaration to be emitted to the Kingdom containing the Breaches of Covenant and Treaties the Demands which upon them we mean to make to the Houses and our Resolutions in case of a Refusal I confess it is clogged with many Impertinencies to which we are necessitated for satisfying nice Consciences yet it drives at a right end Argyle and the Minsters are still uncapable of Satisfaction and with horrid violence oppose all Loyal Motions and though the Chancellour hath intirely deserted us and not only joyned with them but endeavours by all means imaginable to divide us among our selves yet we are both fixed to our Principles and Friendships so that in despight both of Apostacy and Knavery we carry on the Work I confess it is neither in so quick nor so prudent a way as is fit and that we have already lost our greatest advantages yet we can never move so late but that we will make our selves considerable We hear there are strong endeavours to separate His Majesty from our Interests I confess we deserve no better from him yet possibly he may find it not unfit to own us even though we do not him as we ought This I swear I
both that they should have some honest Noblemen Commissioners here to reside at Edinburgh and that we shall have some at London that by Commutation of Counsels our Common Peace may be the better settled and continued You shall try if the Treaty betwixt the Kings Majesty and the Two Houses of Parliament be like to take effect and shall study to preserve the Interest of this Kingdom in the matter of the settling of the Peace of these Kingdoms and if you shall find there are real Grounds to hope an Agreement betwixt the King and the Two Houses in respect both Kingdomes are engaged in the same Cause and Covenant and have been and still are under the same Dangers and to the end our Peace may be more durable you shall endeavour that before any Agreement of Peace be made we may be first acquainted therewith An. 1649. that we may send up Commissions in relation to the Treaty with the King upon the Propositions and in relation to mutual Advice for the settling of the Peace of these Kingdomes and accordingly as you find the Two Houses inclined therein you shall give us Advertisement You shall according as upon the place it shall be found expedient present the same Desires to the Two Houses of Parliament in name of this Kingdome touching the Work of Reformation as shall be presented to them from this Kirk You shall assist Mr. Blair in this Imployment and take his advice and assistance in yours and give us Advertisement weekly how all matters goe You shall publish all Papers either concerning the Proceedings of the Church or of the Protesters which are necessary to be known You shall endeavour to keep a good Vnderstanding betwixt us and the City and the Assembly of Divines and strive to remove all Iealousies betwixt us and them or betwixt honest men amongst themselves You shall endeavour that honest men who have suffered for opposing the Engagement be not prejudiced but furthered in payment of the Sumes assigned unto them before the Engagement out of the two hundred thousand pound Sterling and Brotherly Assistance for publick Debts or Losses You shall acquaint the Speakers of both Houses with his Majesties Letter to this Committee and our Answer sent to Him You shall desire that the Noblemen and Gentlemen of Quality and considerable Officers of the Army that went into England under the Duke of Hamilton and which are now there Prisoners may be kept as Pledges of the Peace of the Kingdomes especially to prevent a new Disturbance in this Kingdome or Trouble from this Kingdome to England until the Peace of both be settled You shall acquaint the Two Houses with our Answer to that of L. General Cromwell 's of the sixth of this Instant and make use of the Grounds therein mentioned as you shall find occasion Their next Care was to look well to Lanerick Lanerick appointed to be secured but escapes to Holland and the other Engagers lest they should attempt somewhat against them the account of which shall be set down in a Letter Lanerick wrote to the Lord Chancellour when he left Scotland For in the end of Ianuary the Earl of Lauderdale came from Holland being commanded by the Prince to see what might be done there but he found all so discouraged and overpowered that no good was to be expected and he got advertisement from the Lord Balmerino that they designed to secure both Lanerick and himselfe and as he believed would deliver them up to the Parliament of England as Incendiaries whereupon they both resolved to go beyond Sea in the same Ship in which Lauderdale came and to offer their Service to the Prince The Letter follows My Lord ALbeit the Proceedings of the late Committee constituted of Dissenters against me was without president in Confining me a free Subject who was neither Guilty nor so much as accused of any Guilt or Breach of the Laws of the Kingdome for declining to sign a Declaration and Bond which even they themselves conceived in Iustice they could not enjoyn me to sign yet I did submit and went not without the Bounds limited for my Confinement until I was certainly informed that upon Wednesday last at a private and select Committee it was resolved I should instantly be Committed and the little Liberty left me taken from me for it seems that these private persons I speak not of Iudicatories who procured the severe Instructions given those employed to London against my Brother the Duke of Hamilton and the many Noble and Gallant Persons who are now in Bonds with him for their Loyal Endeavours to have rescued His Majesty from being murthered are not satisfied or think themselves secure while any enjoy their Liberties who would have been Instruments in that pious Duty to our Sovereign therefore I am forced to seek shelter and protection abroad since Innocency and Law and even Treaties and Publick Engagements prove now too weak Grounds for securing me at home And though this rigid and unparalellâ—d Procedure against me might have tempted the dullest and calmest nature to some Desperation yet I have still preferred the Peace and Quiet of Scotland to all my own Interests and I do ingeniously declare upon my Honour unto your Lordship that I neither have had neither do I know of any Design from abroad or at home of interrupting the same and now in whatsoever corner of the World it shall please the Lord to throw me as I shall endeavour by his assistance to maintain my Loyalty to my Prince untainted so I shall still preserve a perfect affection to the Peace and Happiness of my Country My prayers to God shall be that it may yet be instrumental of advancing the Work of Reformation and so fixing the Crowns of these Kingdomes upon the Head of our Soveraign Lord the King and of His Royal Progeny after Him that Faction and Rebellion may never be able to shake or interrupt their Government that Loyalty may lose the name of Malignancy and a good Christian may with Safety and without Scandal be and profess to be a good Subject that the Acts of unquestionable Parliaments and the Decrees of other Sovereign Iudicatories of this Kingdom may be Security sufficient to the Subjects to govern their Civil Actions by that they may be free of arbitrary Exactions and Impositions and may enjoy with Truth and Peace their Estates and Liberties without the tyrannous Encroachments of great men and other impowered persons and I am confident that the God of Heaven who will Iudge all the Iudges on earth will avenge the wrongs of the oppressed and in his own time restore me again to my Country who am now forced by unjust Persecution to flee from it This I shall patiently wait for and give your Lordship no more Trouble but desire you to make what use of this you think fit from My Lord Your Lordships most humble Servant LANERICK Dirleton 25th January 1649. But now I return to prosecute what remains to
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