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
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
the Enacting of what they had designed the former Year and their Acts though of great importance yet meeting no opposition were quickly dispatched all which with a Prologue and Epilogue of two high Declarations were sent in the Packet to the Earl of Lanerick with the following Letter written by a Committee of Lords they had left to sit at Edinburgh Right Honourable IT is not unknown to your Lordship with what difficulties this Kingdom hath wrestled this time past A Letter from the Committee of Parliament to Lanerick in asserting their Religion and Liberties against the dealings of bad Instruments with His Majesty to the contrary The Means which they have used have been no other but such as they humbly petitioned and obtained from His Majesty a Free National Assembly and Parliament The Assembly went on in a fair way and was closed with the liking and full consent of His Majesties Commissioner but the Parliament indicted by His Majesty was prorogated till the Reasons of the Demands of the Estates were rendred to His Majesty which having done by their Commissioners they kept the second of June the day appointed by His Majesty for the sitting of the Parliament An. 1639. And after diligent Inquiry hearing nothing from His Majesty nor His Commissioner neither by their own Commissioners or any other sent from His Majesty which might hinder the Parliament to proceed to the settling of their Religion and Liberties after mature Deliberation and long waiting for some signification of His Majesties Pleasure they have all with one consent resolved upon certain Acts which they have judged to be most necessary and conducible for His Majesties Honour and the Peace of the Kingdom so far endangered by Delays and have committed to us the Trust to shew you so much and withall to send a just Copy of the Acts that by your Lordship His Majesties principal Secretary for Scotland they may be presented to His Majesty The Declaration prefix'd to the particular Acts and the Petition in the end contain so full Expressions of the Warrants of the Proceedings of the Estates and of their humbly continued Desires that no word needs to be added by us We do therefore in their Name according to the Trust committed to us desire your Lordship all other ways of Information being stopt with the presenting of these Acts of Parliament to represent unto His Majesty against all Suspicions Suggestions and Tentations to the contrary the constant Love and Loyalty of this Kingdom unto His Majesties Royal Authority and Person as their Native King and kindly Monarch and that they are seeking nothing but the establishing of their Religion and Liberties under His Majesties Government that they may still be a free Kingdom to doe His Majesty all the Honour and Service that becometh humble Subjects that their Extremity is greater through the Hostility and Violence threatned by Arms and already done to them in their Persons and Goods by Castles within and Ships without the Kingdom than they can longer endure and that as His Majesty loveth His Own Honour and the Well of this His Ancient Kingdom speedy course may be taken for their relief and quieâ—ness and that if this their faithful Remonstrance which as the great Council of the Kingdom they found themselves bound to make at this time for their Exoneration be passed over in silence or answered with delays they must prepare and provide for their own Deliverance and Safety We are very hopeful that your Lordship as a good Patriot and according to the Obligement of your Place will not be deficient in that Duty for your Native Country and send us a speedy Answer as we shall in every Duty be careful at all occasions to shew our selves Your Lordships humble Servants Signed Balmerino Burghly Napier Thomas Hop J. Murray J. Hamilton G. Dundas J. Smith Ed. Eggar Tho. Paterson Ja. Sword Edinburgh 17 June 1640. The Covenanters did also sign a Bond among themselves for adhering to these Acts and prosecuting of those who had been the Incendiaries from the beginning of the these Stirs the Marquis and Traquair being the chief of them The King is highly offended But all this gave great Offence at Court the King looking upon it as a bolder Attempt than any yet made which struck at the root of His Authority and overturned the Fundamental Laws of Scotland and therfore he judged himself bound to repair this Affront with the Sword God had put in his Hands An. 1640. At this time the Marquis got the following Memorial sent him from my Lord Lowdon out of the Tower of London written all with Lowdon's Hand and yet extâ—nt Memorandum for the Lord Lowndon TO speak to the Marquis of Hamilton Lowdon moves for his Enlargment that according to that Interest of Bloud and the Confidence which the Lord Lowdon reposeth in him his Lordship may be pleased to intercede seriously with the King that His Majesty may be Graciously pleased to consider of the Petitions and Informations which have been tendered to His Majesty from the Lord Lowdon and for him from Scotland which do abundantly clear his Innocency concerning that French Letter in respect of the time and occasion of writing that Letter the Letter it self being onely for Mediation and Intercession as is clear by the Instructions yet extant to have been sent with that Letter which are the true Commentary of the Letter The Letter it self was never sent nor used but rejected and no other Letter sent It was written long before the Pacification wherein His Majesty was Graciously pleased to pass all preceding Deeds in Oblivion The Lord Lowdon came hither upon His Majesties Own Warrant which is sufficient for his Indempnity and Return till he be exonered of his Imployment He came from the Parliament with Commission from them to shew His Majesty the Reasons of their Demands trusting confidently in His Majesties Iustice and Goodness and with most Loyal Affection and Ardent Desires to have given His Majesty satisfaction and to have returned with no less Fidelity and Forwardness in carrying and pressing His Majesties Royal and Iust Commands during which time he could expect nothing less than that he would be called in question for a prior Deed all which are most manifest by the Petitions and Informations presented to His Sacred Majesty Therefore I most humbly beseech that His Majesty may be Graciously pleased to consider of the former Petitions and true Informations which being pondered in the Balance of His Majesties Righteous Iudgment I am most confident my Innocency will appear clearly to His Majesty and that I will find such a speedy delivery as may give demonstration to the World of His Majesties Iustice and Goodness and as may not onely from the Conscience of my Duty but likewise from the sense of His Royal Benignity encourage me ever to contribute my best Endeavours for furthering of His Majesties Service And if His Majesty be not fully satisfied with my humble
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
more Messages as may be most for His Majesties Honour and Peace of His Kingdoms which if they shall refuse or despise I hope we will not then forget that it is our King that is reduced to this necessity and that we will never look on unconcerned where he is so deeply engaged I hope you will pardon the Trouble I give you in reading this long ill-written Letter for had I not been Commanded to it by a Power which God willing I shall never disobey it had not been hazarded on by Your most humble Servant LANERICK Nottingham the last of August 1642. The Marquis took all the pains imaginable on Argyle and Lowdon to perswade them to a cordial owning of the Kings Service Much pains taken to engage Scotland to the Kings Service as the only way to give Scotland a lasting Interest in the Kings Affection which also would make them famous all the World over And since the Scotish Troubles had involved the King in all His difficulties it was just they should study to extricate him and for the pretence of Religion with which the English were cajoling our Scotish Clergy he said he was to be pardoned if he presumed to know them better than they could assuring them that Religion was only pretended by them He took also a great deal of pains in many others to prepare them against the day in which the Conservatours were to meet to which Lanerick came with the following Letter from His Majesty Right trusty c. The Kings Letter to the Conservatours of the Peace HAving been informed that upon Petition of the Commissioners from Our late General Assembly Our Council thought fit that you should meet for discharging of that Trust imposed on you by Vs and Our Parliament whereby all fair means may be used to prevent such Troubles and Divisions as may interrupt or endanger the common Peace of Our Kingdom And as it ought to be the continual study of all Good and Pious Princes to preserve their People so certainly it is the Duty of all Loyal and Faithful Subjects to maintain the Greatness and Iust Authority of their Princes so that without this reciprocal Endeavour there can be no Happiness for the Prince nor Security for the People We are sure Our late Actions in Scotland will to all posterity be an acceptable witness of Our Care in preserving the Liberty of those Our Subjects and Our Desire to settle perfect Peace in that Our Kingdom And We are also confident that the many good Acts We have past here since the Sitting of this Parliament indeed denying none but such as denyed Vs any Power at all and were never so much as demanded from any of Our Predecessors will bear the like Testimony of Our Affection to the Good and Peace of this Kingdom though the success hath not been alike For though We have used Our best Endeavours to prevent the present Distractions and threatning Dangers yet so prevalent have been the opposers of Vs and the Peace of Our Kingdoms that not so much as a Treaty can be obtained though by Our several Messages We have descended to demand and press it unless upon such Conditions as would either by taking all Power of Government from Vs make Vs as nothing or by forcing Vs to quit the Protection of such as for obeying Vs according to Law and their Oath of Allegiance they would have Traytors and so make Vs do an Act unworthy of a King Yet so desirous We are to save Our Subjects Blood which cannot but be prodigally spent if We be necessitated by force of Arms to decide these unhappy Differences that no sooner any such Treaty shall be offered unto Vs by them which with Honour and Safety We can receive but We shall chearfully embrace it This We have thought fit to acquaint you with that from Our Selves you may know Our love to Peace and We doubt not but your Meeting at this time will produce something which will witness your tender respect to Our Honour and Safety and so much We do confide in your Affections as We shall absolutely leave the ways and means of expressing it to your selves So We bid you heartily farewell From Our Court at Stafford the 18th of September This so far prevailed with them at their first Meeting The Conservatours incline to serve the King that all things went very fairly so that they sent a Return to the Kings Letters without making any Judgement on the Differences betwixt Him and the Parliament They also resolved to Mediate betwixt the King and the Two Houses and for that end designed to send the Marquis to Holland with an Invitation from Scotland to Her Majesty for her Return to mediate a Peace betwixt the King and Parliament and to invite the Queen And the Marquis got a Paper signed by almost all the Lords not only those who were the best-affected but by Lowdon Argâ—le Waristoun Mr. Alexander Henderson and the other Leaders of the Party containing an Invitation for Her Majesty to come to Scotland with assurance of Security for Her Person and the free exercise of Her Religion for Her Self and Family so that no others were admitted to share in it and that they should concur with Her Majesty in mediating a Peace betwixt the King and the Two Houses which if it were rejected by the Two Houses they obliged themselves to engage for the King against them This was carried with great Address and managed so prudently that wise men called it the Master-peece of the Marquis his Life Lanerick carried it to the King to receive His Pleasure about it a Note whereof follows written by Lanerick in general Terms DIvers of the most considerable of the Nobility of Scotland and send Lanâ—rick to the King have by the Earl of Lanerick humbly offered unto His Majesty their sense of the present Differences betwixt Him and His Parliament of England which they conceive will hardly be reconciled so long as Her Majesty is at so great a distance and therefore are perswaded it would conduce much for Settling these Distractions if Her Majesty might be moved to return and mediate in so good a Work for which end the Marquis of Hamilton if His Majesty think fit and conceive it may be acceptable to Her Majesty will be ready to go to Holland humbly to invite Her Majesty hereunto in Name of this whole Kingdom of Scotland who will as dutiful and faithful Subjects humbly joyn their Endeavours and Mediation with Her Majesty that His Majesty may have Honour and Contentment and His People Happiness and Security under His Royal Government But the King was jealous of them The King at first welcomed this Proposition with a great deal of Joy but upon other grounds he thought not fit to listen to it for his Affection to the Queen made him fear the hazard of Her Person so much that this Proposition was not entertained which the Marquis often regrated as a Loss
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
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
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
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
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
steps their Progenitors went in or had departed from them therefore I told the Duke and Dutchess of Hamilton that now are that if I might have the favour and trust of perusing such Papers as remained in their hands I should do my endeavours to make the best use of them I could upon which they were pleased to send them all to me The Collection was great and in as great disorder yet by a little care I brought them into some Order and found I had very authentical and full Materials for a greater Work than I had at first designed but having read many scandalous Pamphlets that had charged these Dukes in divers particulars with an equal degree of Injustice and Malice I found it necessary to enquire as far as their Papers could carry me into the Truth of these Reports which forced me to be more particular than had been otherwise needful And yet I hope the Reader shall have no great cause to complain of my tediousness but that he shall find an Entertainment through the whole Work that shall not be unpleasant to him I have opened the Intrigues and Counsels of those Times as clearly as I could This some that perused the Work have censured much as a disclosing the Secrets of Government and because in some places errours of Government are neither concealed nor palliaâ—ed some advised me to pass these over and not insist on them but with this I could-by no means comply for I know no good that History does the World so much as the making Posterity the wiser both by shewing the Faults of Ministers that raised the Discontents and the Follies and Madness of those who put all in confusion to get Grievances redressed For the Iealousies that were conceived either from the ill opinion of Ministers or the consciousness of their own Guilt made the Fomenters of those Troubles think that neither Concessions nor Pardons were a sufficient Security but that assoon as the Country and Government was settled what they had done would be remembred and punished and did drive the Faction much further than it seems they intended at first All this I wrote with the more Assurance after I had presumed to tell His Majesty that since I was writing of the late Times I sound it necessary to set down some Errours that were committed even by some of the Ministers of the King his Blessed Father and I could give no true account of matters if these were not likewise related upon which His Majesty most graciously told me That such things were unavoidable in a History and therefore He allowed me to tell the Truth freely Vpâ—â— so gracious a Permission I was the more emboldened to lay open things clearly and to trace the Troubles of Scotland to their first Beginnings It is true there were some things that had much influence on Peoples Minds of which I have given no Account having found no Papers in this Collection to direct me in them and these were the whole Progress of the Design for thâ— Resumption of the Tithes into the Crown and the restoring them to the Church with all the steps that were made in it which was so nice a point and had so much of the subtilties of Law in it that I did not think fit to meddle with it especially it not lying before me in these Papers nor having any Relation to the Concerns of these two Brothers The other was the Proceeding in Parliament Anno 1633 when His late Majesty was Crowned with the Petition that was afterwards drawn for which the Lord Balmerino was tried and found Guilty and had Sentence of Death passed on him Then did the Party begin to be more united and secret Engagements were given either to rescue him by Force or to revenge his Death upon which the Earl of Traquair procured a Pardon for him but from that time the date of the Confederacy of that Party is to be reckoned and though it lay quiet for some years yet it was still fermenting which made it burst forth upon the Crisis that afterwards appeared They were also much encouraged to all that followed by the Informations they had of the Malecontents in England for a Gentleman of Quality of the English Nation who was afterwards a great Parliament-man went and lived some time in Scotland before the Troubles broke out and represented to the men that had then greatest Interest there that the business of the Ship-mony and the Habeas Corpus with divers other things of which there was much noise made afterwards had so irritated the greatest part of the English Nation that if they made sure work at home they needed fear nothing from England And of this the Duke of Hamilton who had lived so many years in England could not be ignorant for so great a disease in the Body Politick as a Civil War does not break out on a sudden but there go before it many Symptomes which are well discerned by men of Iudgment and Fore-sight the matter must be brought to the nature of Tinder or Gun-powder before a Spark can set it on Fire And it was the Prospect he had of what was like to follow in England if once a War begun that made him employ all his Endeavours to carry the King to as full Concessions as he could possibly obtain This to such as do not reflect on the State of England at that time may perhaps appear mean or Malice may give it a worse Character But as no sort of provocation will justifie any man though of the clearest Courage that will go and fight with a Sword loose in the hilt but he must be concluded rash and inconsiderate so the Duke knowing the disjoynted condition of England and apprehending that by all appearance the War would be unsuccessful and that the Demands of the Faction would then grow higher did as became a Wise and Faithful Minister in trying all the ways he could think of to settle Matters before there should be any Breach since the keeping the Kingdom in quiet though upon terms which had been hard to the King and derogatory to His Authority was much to be preferred to a War that was like to prove fatal to the King and Kingdoms For all that while the Affection of the English to the Party in Scotland did discover it self in many high Expressions which others could not but see and the King sadly but too late felt afterwards for Princes most commonly see such things last of all their People their pretending Flatterers who are in truth their greatest Enemies keeping up such Advertisements from them as long as can be as if one out of fear to awaken his Master should let him sleep when his House is on fire till it were scarce possible for him either to quench or escape the Flames All these things concurred to set on the hot Zealots to begin the Troubles that ended so tragically in the Murder of the King and Slavery of the Nations And therefore nothing seems more
is not yet settled is The King writes to him that this long time I have attended the coming of him your self thought fittest to be trusted in it he is now on the way and shall no sooner be arrived but the direction shall be given as I have already promised you I doubt not but your want forced you to leave me but mine shall not hinder me to help yours and I am sure likewise that as you see I do not forget your Turns you will at this occasion of the late Commission I have sent down shew your self forward in mine So farewel Your constant loving Friend CHARLES R. New-Market 4. March 1627 In another he writes James HAving as I hope dispatched your Business and invites him to Court I must tell you it was ill luck and not ill will that made it so long adoing and likewise of the importunity of a House of Women for calling you hither but it may be the company of some where you are will make you give a negligent Ear to those that are here yet I doubt not but when you know as these lines do assure you that you cannot come before you shall be welcome to your best Friends here that your stay will not be long where you are So referring you for other business to the Bearer your man I rest Your loving constant Friend CHARLES R. The first day of the Year 1628. But the Marquis excused himself upon the great Encumbrances were on his fortune But he prefers a Country retir'd life to the Court. which made it impossible for him to live at Court in the rank that became his quality he seemed also at that time to be in love with a retired life and spent much of his time in the Isle of Arran It cannot be denied to be without example to see a King entreating his Subject to accept of the Favours and Honours he designed for him when he was with much humble modesty declining these Royal Offers But as the King pressed his return to Court very earnestly he was likewise solicited to it by a great many of chief rank there and by none more warmly than by the Duke of Buckingham with the greatest and heartiest offers of all the friendship and service he could do him yet he continued in Scotland till the end of the year 1628. and all the while kept himself at a distance from publick Affairs not medling in any thing beyond his private concernment An. 1628. but his sweet and obliging temper took exceedingly with all people In the end of the year 1628. his Father-in-law Earl Denbigh came down to press his return to Court Earl Denbigh comes for him with a new and kind invitation from the King expressed in the following Letter Hamilton I Have taken this occasion by Denbigh's going to affirm to you under my own hand the Message Traquair brought to you from me I need say little more at this time because according to your Letter I look that you should be quickly here which again I assure you will be well done So referring you to your Father Denbigh I rest Your assured constant Friend CHARLES R. Hampton-Court 25 Sept. 1628. The Earl of Denbigh brought also with him from his Majesty the offer of the Master of the Horse his place He goes to Court and is made Master of the Horse which was fallen by the murther of the Duke of Buckingham This earnest and noble Message brought and enforced by such a Bearer could be no longer refused therefore in the end of the year he went to Court where he was presently made Master of the Horse and Gentleman of the Kings Bed-chamber and Privy Counsellour in both Kingdomes and the King used him with so much tender kindness that his carriage to him spoke more of the affection of a Friend than of the power of a Master he called him always Iames both when he spoke to him and of him His usage at Court as an expression of his familiarity with him and it was presently observed by all that none had more of the Kings heart than he posâ—essed But as high favour with a Prince is ever attended with envy and jealousie and behaviour there so he missed not his share of it from those who were looking on him as the rising Favourite though as he bore that Character worthily he managed it prudently for he neither studied to engross things to himself nor his kindred he grew not insolent upon favour nor impatient of Competitours neither did he obtrude himself upon the management of particular Affairs but did rest satisfied with the Royal marks of his Masters favour which upon all occasions were poured on him liberally The great Design which at this time possest the King wholly was about the affairs of Germany The Affairs of Germany and the recovery of the Palatinat with the rescue of his Sister and her Posterity from the ruine which was not only hanging over them but had already overwhelmed them I need not here resume the too-well-known occasions of these Troubles nor tell how the Wars of Boheme first began nor how the Prince Elector Palatine being chosen their King did by accepting that Crown involve himself and all Germany in a tract of the most lasting and bloody Wars that have been heard of The new-elected King was scarce well-settled on his Throne when it was not only shaken but overturned and the Emperour An. 1629. with the assistance of Spain and the Duke of Bavaria who was thirsting after his Cousins Dignities and Dominions was not content with the recovery of his own Dominions but carried his conquering Eagles into the Palatinat which not being able to resist so powerful an Invasion was forced under his obedience and the Electoral Dignity was by the Emperour afterwards translated to the Duke of Bavaria King Iames was very much displeased with his Son-in-law for engaging in the affair of Boheme but could not be unconcerned when he saw the ruine of his Family following upon it yet his inclinations to Peace overruled his other resentments and his hopes to prevail by Treaties made him still delay entring into Action for at that time the Treaty of the match with Spain was on foot and the King was abused by the Spaniards and made believe the Palatinat should be again restored but his slowness in that missed not the severe censures of all Europe King Iames left his Crowns and Designs to his Son who judged himself bound by all Ties divine and humane to see to the recovery of the Palatinat and the stopping of the Imperial success which by a great Torrent of victories was become formidable and burthensome to all the Princes of Germany yet the opposition the King met in some Parliaments which were dissolved soon after their meeting made his Designs go on slowly But to ravel no further into matters without the lines of this Narration The Marquis was no sooner at Court but the Queen
of his mind been stain'd with some ill qualities He had acquired some interest in Court by the service he did the Earl of Niddisdale in the matter of the Kings Revocation and the Commission of Surrenders which to explain were too long a digression here and needless to all who understand how the Rights of the Titles were at that time unsettled in Scotland His malice against the Marquis was hereditary he being the Son of Captain Iames Stewart who in King Iames his Minority when the Hamiltons were groundlesly and in a mock-Parliament attainted carried the Title of Earl of Arran and possessed their Fortunes Lord Reay upon what irritation I know not alledged to him that Mr. Ramsay had told him that the Marquises designs were not upon Germany but Britain and that when this Army was once gathered he purposed to pretend to the Crown of Scotland This lye was so ill told that it could take with none but those whose Judgments were blinded through malice for as that Army was very small and in no manner of capacity to prosecute such a design so it was made up of Scots and English and most of the Officers were persons of whom the Marquis had no acquaintance Reay alledged likewise the testimony of one Mr. Cleazar Borthwick Borthwick being a witness clears the Marquis to whom Mr. Meldrum should have communicated the same design but this testimony turned to his shame for that person who was of known integrity being brought from Germany and examined upon what Meldrum had said to him desired liberty to send his Deposition to the King sealed since the particulars were not fit to be publickly heard to which the King yielding he sent it The summe of it was that Meldrum had never communicated any such design to him that he had indeed spoken abominably of the King and Court but all was in his own name and that he brought no credence with him from the Marquis for his errand to the Swedish Court was onely to solicit the payment of some Arrears due to his Uncle who had served that Crown and he had no Employment from the Marquis onely he got from him Letters of recommendation for the dispatch of his business so that whatever he said was understood as his own sense and not as a message from the Marquis Reay also alledged the testimony of Lieutenant Colonel Lindsay for a great part of that he charged on Ramsay This Lindsay indeed was a brave Gentleman and Reay's Lieutenant Colonel but was killed two or three moneths before Reay met with Ochiltree at London He was in new Brandenburg with other Swedish Officers when Tilly took it in and all Reay's Regiment was cut to pieces except a very few which turned to his eternal disgrace who in such a hot time of Action left his Command to come over to England and forge lyes and after that Reay was in no esteem neither with Scots nor Swedes and irrecoverably lost himself in the K. of Swedens opinion But Reay kept himself from charging any thing on the Marquis fixing all he said on Ramsay which Caution was not observed by Ochiltree who drew a representation of the Marquis his interest in Scotland to shew what probabilities might be of such a design and reckoned up all his Kindred and Allyes by which he drew in most of the Nobility of Scotland and so fastned suspicions on them all a madness onely incident to those of Bedlam to which his malice drove him though he was no fool With this account of Reay's and his own he went to the Lord Weston Weston carries the Accusation to the King then Treasurer of England and personating great zeal for the safety of King and Kingdoms revealed this alledged Treason to him adding that it was probable all things being now ready to be put in execution that the Marquis upon his return to put things in the more fearful disorder might if admitted to wait in the Kings Bed-chamber murder him This was a Calumny than which Hell could not have forged a fouler for Lord Ochiltree judged that this would have infallibly produced one of two effects either raised such a Jealousie in the Kings thoughts as to have quite ruined the Marquis since few Princes are proof against such whispers or at least it would have stopt his voyage for a while till he were tried and the smallest delay in that would have scattered his Souldiers so that this design failing in which his Honour was now so far engaged a stain should lie on him through all Europe Lord Weston carried this Story to the King whether provoked to it out of hatred to the Marquis or moved from his zeal and duty to the King shall not be determined though the last was pretended by him and in many of his Letters to the Marquis when he was in Germany he expressed much friendship for him who gives it no good hearing But His Majesty knew the Marquis too well and understood all his motions and the progress of this Affair too exactly to give any credit to this Forgery and indeed he rejected listening to it in terms so full of affection for the Marquis as discovered he was incapable of any Jealousie either of him or any of his actions neither would he hearken to those who onely desired that upon his return he might not be admitted to his Presence at least not to lie in his Bed-chamber Within a very little while the Marquis came to Court utterly ignorant of the execrable designs of his Adversaries His Majesty welcomed him with an air of kindness beyond what he ordinarily gave him and drawing him apart immediately told him all that villainous story which had been whispered against him The Confusion this raised in his thoughts was unspeakable and opens the whole matter to the Marquis being amazed to find himself so horridly misrepresented knowing his heart to be full of duty and affection to his Soveraign he wondered how malice could be so impudent as at a time when he was hazarding Life Honour Friends and Fortune for the Kings Service to fasten such a devillish gloss on his actions but this surprize was overcome with a greater when he saw His Majesty with an unheard-of and truly Royal generosity express his confidence in him in such obliging terms as scarce to allow him to speak in his own Justification which seeming to insinuate he thought he needed to be vindicated the Marquis begged he might be presently tried and offered himself to restraint till he were cleared But His Majesty would not hear of that on the contrary commanded him to lie in the Bed-chamber that night and made him lie in the Bed-chamber that same night and he expressed his confidence and kindness for him in such a strain both of behaviour and discourse that the Marquis frequently said he looked on the kindness of that night as that which obliged him more than all the other publick testimonies of the Kings favour and
with in Germany as the firm affection he bore his Masters Service yet though this lessened his Confidence in him yet it could not but increase his Esteem of him 'T is true he did not survive this long to give any expressions of it for in November next at Lutzen was that great and conquering King brought to the end of his days The King of Sweden is killed and so all his thoughts and grasping designs did perish with him onely the Renown of his never-dying Fame survives But both Oxenstern and his other Counsellours in their Addresses to the English Court during the Minority of their young Queen did recommend all their Affairs to the Marquis as to one of their own Nation with the highest expressions of Esteem and Friendship and divers of the Electors and Princes of Germany were much taken with his Converse having seen him in the Swedish Camp and continued their Friendship with him both by Correspondence and Presents When he returned to Court The Marquis is well received at Court his reception with the King was as affectionate as his parting had been and he continued about His Majesty in the highest Characters of Favour but he kept himself much out of business medling little in Scotish Affairs except it had been to procure a particular kindness to his Friends in which he was so sparing that many were dissatisfied with him for it Next year the King went into Scotland to receive the Crown of that his ancient and native Kingdom and held a Parliament there An. 1633. thither did the Marquis follow him assisting at that Ceremony according to his Rank with much joy He waits on the King to his Coronation in Scotland But his Expedition to Germany had involved him and all his Friends in vast Debts yet his Lease of the Customs of the Wines was a good Security and fully able to free him of that burden and was ratified in that Parliament But the Earl of Traquair who was then Treasurer-Deputy suggested to the King that these Customs were the readiest and surest Moneys that the King had and that the Treasury would signifie little without them wherefore he moved that some other way might be fallen upon for refunding the Expence the Marquis had been at for his Army in Germany that so these Customs might return to the Treasury All the Marquis his Friends having got a hint of Traquair's Proposition pressed him to oppose it with all his Interest since the Security he had was good and well-settled on him by Law and any new Project could be fallen on would neither prove so sure nor so speedy Payment But Traquair's Proposition pleased the King well and he moved it to the Marquis who without either murmuring or reluctancy offered back his Lease of the Customs of the Wines and submitted his whole pretension to the King But His Majesty was both just and generous and so would not suffer him to be ruined by those Burdens which had been contracted by his own Commands wherefore a Taxation being laid on the Country by the Parliament for the Kings supply together with another Imposition of two of the ten which was then the Interest of Money the Collecting of these was put in the Marquis his hands till he should be paid all was due to him by His Majesty for the Expedition to Germany and for some other great Summes His Majesty was owing which he undertook took to pay and for the rest he was to be accomptable to the Treasury upon which he yielded up his Lease of the Customs of the Wines In the end of that year His Majesty sent down the Marquis to settle with the several Shires and Burroughs of Scotland both for the Taxation and the Two of the ten and though his Power in that was full so that he might have acted singly yet he would do nothing without the consent of the Lords of Exchequer and Session He spent some moneths in these Agreements and after he had settled with the greatest part he returned to his attendance at Court having devolved the management of his Fortune and private Affairs on his Friends and thus his Fortune was in a few years recovered from the burdens it lay under A year after that he was sent down again to examine the Earl of Morton's Accompts who was Treasurer and then he gave a new Instance of his being against the ingrossing of Power for though his Trust warranted him to have acted singly yet he carried along with him in all his procedure the whole Exchequer And this is all the medling that for ought I find he had in publick Affairs till the Year 1638. MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB II. Of what passed while the Marquis was Commissioner in Scotland in the Years 1638 and 1639. HItherto the course of the Marquis his Life had been more easie and serene An. 1638. but henceforth we shall find it a tract of Clouds and Storms for now he came to engage in a disorderly Affair The Marquis enters on thâ— Affairs of Scotland if ever any was he found it troubled but had no hand in the occasions of these Confusions having abstracted himself from publick Affairs for divers years medling no further than in giving general Advices when called for and so far had he been from engaging himself in any designs that at his entry upon business there was neither Privy Counsellour Officer of State nor Lord of the Session of his recommending or that depended on him the Justice-Clerk onely excepted But because this year gave the rise to those dismal Troubles whose tragical Catastrophe we have all felt so sensibly and since the Affairs of Scotland were wholly and onely trusted to the Marquis his Conduct for this year the account of it shall be enlarged perhaps to tediousness but it is hoped that the importance of the Narration shall more than compense the pain of its length And this is the more necessary because the Marquis his Actions this year are generally so little known and so ill represented besides that great Encouragement is offered from the copious and authentick materials yet extant for composing of this Narration But to give a clearer prospect of the State of things before his Negotiation an account must be given of the rise and occasion of this years Disorders and of the state in which he found matters at his first Engagement A brief Summary of Church-affairs from the Reformation to the present Year What is here to be said as a requisite Introduction to these Transactionâ— is indeed out of the Road and not made out by his Papers but the Discourse will be grateful it is presumed to those who have not had a true full and clear Information of the particular passages of these Times whereof though some have attempted to give the World an account yet none for ought I know hath done it upon knowledge or authentick Information as what
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
impropâ—r person to be imployed for drawing those sinistrous Jealousies out of the Subjects minds But His Majesty confiding as well in the Marquis his Abilities as trusting to his Fidelity was resolved on the Choice and did first communicate it to himself he told His Majesty That Life and Fortune and all he had he would never stick to hazard for his Service but this Imployment was full of danger the success of it was at least dubious and he was very much a stranger to Scotish Men and Affairs and he could not but foresee how it should endanger his losing what next his Salvation he valued most which was His Majesties Favour however he was absolutely at His Majesties disposal My Lord Lorn eldest Son to the Earl of Argyle and after him Earl Traquair and divers of the Nobility came to Court at this time who were also followed by some of the Clergy The Covenanters made likewise a new Address to the Scotish Lords at Court full of Complaints of the harsh usage they had met with from the Council together with their Grievances which Paper with their Letter dated the 28th of April is extant Signed Rothes Cassils and Montrose consisting of Eight Articles ARTICLES for the present Peace of the Kirk and and Kingdom of Scotland IF the Question were about such matters as did come within the compass of our own power we would be ashamed to be importunate and should be very easily satisfied without the smallest trouble to any but considering thaâ— they are the matters of Gods honour of the Kingdom of Christ and the peace of our Souls against the Mystery of Iniquity which we clearly perceive to have been uncessantly working in this Land since the Reformation to the ruine of true Religion in the end it cannot stand with our duty to God to our King to our Selves and Posterity to crave or be content with less than that which the Word of God and our Confession of Faith doth allow and which may against our Fears establish Religion afterwards The discharging of the Service-Book the Book of Canons and of the late High Commission may be a part of the satisfaction of our humble Supplications and just Complaints which therefore we still humbly desire but that can neither be a perfect Cure of our present Evils nor can it be a Preservative in time to come When it is considered what have been the Troubles and Fears of His Majesties most loyal Subjects from the High Commission what is the nature and constitution of that Iudicatory how prejudicial it proves to the lawful Iudicatories of the Kirk and Kingdom how far it endangers the Consciences Liberties Estates and Persons of all the Lieges and how easily and far more contentedly all the Subjects may be keeped in order and obedience to His Majesties just Laws without any terrour of that kind we look that His Majesties Subjects who have been used to obey according to the Laws shall be altogether delivered from the High Commission as from a yoke and burden which they feel and fear to be more heavy than they shall be ever able to bear Remembring by what wayes the Articles of Perth were introduced how strangely and with what opposition they were carried in the Assembly upon what Narrative they were concluded how the Ratification in Parliament was not desired by the Kirk but earnestly supplicated and protested against how they have been introductory of the Service-Book whereof now they are become Members and in their nature make way for Popery whatsoever hath been the intentions of the Vrgers and withall what Troubles and Divisions they have caused these twenty years in this Kirk and Kingdom and what Iealousies between the Kings Majesty and His Subjects without any Spiritual profit or edification at all as we can see no reason why they should be urged by Authority so can we not find but we shall be more unable to digest them than in the beginning when we had not as yet tasted and known how bitter and unwholsome they were The Iudgements of the best Divines of the Reformed Kirks and of the most Pious and Learned of this Kirk since the Reformation concerning the Civil Places and Offices of Kirkmen and concerning the Vote of Ministers in Parliament have been made known in divers general Assemblies which moved the Assemblies of this Kirk when they could not by their modest opposition prevail to limit the Ministers that were to Vote in Parliament by any particular Cautions agreed upon at first and ordained to be inserted in the Act of Parliament and by other Cautions to be made afterward as tâ—e Assembly should find meet and necessary and therefore if we will declare our minds after lamentable experiences of the Evils which were then foreseen feared and foretold we cannot see how Ministers voting in Parliament absolutely without the limitation of these Cautions can be thought fit to Vote in the name of the Kirk We have no Grievance more universal more ordinary and more pressing than that worthy men who have Testimonies of their Learning from Vniversities and are tried by the Presbyteries to be qualified for the Work of the Ministery and for their Life and Gifts earnestly desired by the whole People are notwithstanding rejected because tâ—ey cannot be perswaded to Subscribe and Swear such unlawful Articles and Oaths as have neither warrant of the Acts of the Kirk nor Laws of the Kingdom and others of less worth and ready to Swear for base respects unworthy to be mentioned are obtruded upon the People and admitted to the most eminent Places of the Kirk and Schools of Divinity which causes continual Complaints makes the People run from their own Kirks refuse to receive the Sacrament at the hands of the Ministers set over them against their hearts or to render them that Honour which is due from the People to their Pastors and is a mighty hindrance to the Gospel to the Souls of the People and to the Peace of the whole Kirk and Kingdom all which might be easily helped by giving place to the 114 Act of Parliament 1592. declaring That God hath given to the Spiritual Office-bearers of the Kirk Collation and Deprivation of Ministers and ordaining that all Presentations to Benefices be directed to particular Presbyteries in all time coming with full power to give Collation thereupon they being the lawful Office-bearers of the Kirk to whom God hath giâ—en that right which therefore never was nor can be taken from them and so conferred upon others at that they shall be quite secluded therefrom The lawful and free National Assemblies of this Kirk warranted by Divine Authority ratified by Acts of Parliament keeped in other Reformed Kirks and in this Kirk since the Reformation and acknowledged by King James to be the most necessary means for preservation of Piety and Vnion and for extermination of Heresie and Schism who willed therefore that the Act of Parliament for convening the General Assemblies once in the year should stand
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
for the curbing of disobedient and stubborn People Our Will therefore is and we charge you c. C. R. And by another Paper His Majesty left it to the Marquis his choice whether of the two he should make use of as he found it might tend to His Service but withall if he made use of the second and it gave no satisfaction so that within 6 Weeks most of the Bonds were not delivered up upon his desiring them to doe so then he should publish another Proclamation Declaring the Covenanters Traitors if within 5 days they came not to accept of Mercy and deliver up the Bonds if they were in their power And so a third Declaration penned by the Chancellour was laid aside onely it is extant marked by the Kings Hand on the back and therefore shall be set down here WHereas we were in hope by Our late Proclamations to have given satisfaction to Our People and to have removed their Mistakings of the Book of Common-prayer which We caused to be published having thereby declared that it never entred into Our thoughts to make any Innovation in Religion and Form of Gods Worship nay not to press the said Books upon any of Our Subjects till by a fair way they were induced to approve the same yet having understood that to the contrary by what means We know not occasions have been taken to confirm them in their former Mistakings and to bind them by the Oaths and Subscriptions against the Laws established by Our dear Father of blessed memory and ratified by Our Selves since Our coming to the Crown howsoever there is in that more than just cause offered to take punishment of such an open Contempt and Rebellion yet considering that this is not the fault of the simple sort and multitude of People who have been seduced through specious pretexts as if nothing were contained in the said Bond or Covenant as they call it but the promoting of Gods Glory the maintaining of Our Honour and Liberty of the Country with the preserving of Vnity among themselves We no way willing to use Our People with rigour or to enquire severely into their errors of that kind have thought meet to renew Our former Declaration by assuring them and every one of them that Our constant Resolution is and hath been to maintain the true Religion professed and established by the Laws of that Our Kingdom without any Change or Innovation at the hazard of Our Life and Crown and that We will not force on Our Subjects either the said Book of Common-prayer or Book of Canons till the same be duly examined and they in their Iudgments satisfied with the legality thereof nor will We permit the exercise of any Commission upon them for whatsoever cause which may give unto them any just cause of Grief and Complaint Willing therefore and requiring all Our People and Subjects to acquiesce to this Our Declaration and not suffer themselves to be misled by the private or publick Informations of turbulent spirits as if We did intend any thing contrary to this Our Profession having always esteemed it a special point of Royal Dignity to profess what We intend to doe and to perform what We do promise certifying all Our good Subjects who shall hereupon rest quiet in the obedience of God and Vs that We will faithfully perform whatsoever We have declared whether in this or in Our former Proclamations made to that purpose and be unto them a good and merciful King as on the other side if any shall hereafter make business and disturb the Peace of that Church and Kingdom by following their private Covenants and refusing to be ruled by the Laws established that We will use the Force and Power which God hath put into Our hands for compescing and subduing such mutinous and disobedient Rebels Given at Our Palace of This is marked by the Kings Hand Declaration made by the Chancellour Thus that wise Prelat foresaw well how it would be easier to effectuate all that had been designed than to get that alone of disclaiming the Covenant brought about and therefore left that out in his draught of the Declaration But the King was peremptory saying That as long as that Covenant was not passed from He had no more Power than the Duke of Venice For the Commissioners Instructions the Chancellour gave his Advice in writing which was very closely followed After that many particular Questions were given in by the Marquis in writing for Orders how to carry himself whatever might meet him in his Negotiation to which he got positive Answers in writing from the King which are extant and though the Material points in that Paper be to be found in the Instructions yet this seems too considerable to be suppressed and therefore it is set down in the very Form wherein it is in the Original the Queries being written by the Marquis and the Answers over against them by the King QUERIES whereunto Your MAJESTIES Direction and Resolution is humbly prayed that accordingly I may govern my self and be warranted for my Proceedings 1. IF before the publishing of the Declaration some of the chiefest of the Petitioners may not be prepared and laboured to conceive aright of the same and in general acquainted with Your Majesties gracious Intentions They may 2. Where the first meeting of the Council shall be Where you shall find most convenient the City of Edinburgh only excepted 3. If Your Majesty will not permit the Council to sit where and in such places as is conceived may tend most for the advancement of Your Service Yes 4. If the Declaration shall not be read to the Council and they required to sign the same By all means 5. If we shall not all swear to give our best assistance for the putting the same in due execution Yes 6. If any Councellour refuse to doe it what course shall be taken with him Dismiss him the Council 7. If Acts of Council are not to be made finding that this Declaration ought to free us of the fears of Innovations either of Religion or Laws Yes 8. If all Councellours are not to be warned to give their attendance till the business be settled Yes 9. If upon the publication of this Declaration there be Protestations made what course shall be taken The Protesters must be proclaimed Rebels 10. If no Protestations but Petitions of new be presented either demanding further satisfaction or adhering to their former what Answer shall be made or what course taken Vt supra 11. If they remain still in a Body at Edinburgh or elsewhere after the Declaration what course shall be taken You must raise what Force you may to treat them as Rebels 12. If they should petition against the High Commission itself as not to be introduced without an Act of Parliament what Answer shall be given That they muâ—t be content with My Declaration in that point 13. If against the matter contained therein it is then desired that those particulars may
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
offer or intend any injury or revenge against them or any one of them for the Premises making his cause and part that is pursued all our parts notwithstanding whatsoever privy grudge or displeasure standing betwixt us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misken'd till they be orderly removed and taken away by the Order under-specified To the which time we for the better furtherance of the said Cause and Service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any ways to be invaded by us or any our aforesaids for old Feid or new otherwise than by ordinary course of Law and Iustice neither shall we or any of our foresaids make any Provocation or Tumult Trouble or Displeasure to others in any sort as we shall answer to God and upon our Honours and Fidelity to His Majesty And for our further and more hearty Vnion in this Service we are content and consent that all whatsoever our Feids and Variances fallen or that may fall out betwixt us be within forty days after the date hereof amicably referred and submitted to seven or five indifferent Friends chosen by His Majesty of our whole number by their moderation and arbitrement compounded and taken away And finally that we shall neither directly nor indirectly separate or withdraw us from the Vnion and Fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our Consciences and to the World upon our Truth and Honours under the pain to be esteemed Traitors to God and His Majesty and to have lost all Honour Credit and Estimation in time coming In witness whereof by His Majesties special Command Allowance and Protection promised to us therein we have subscribed these presents with our Hands at 1589. The Marquis being thus again dispatched took journey to Scotland and at Ferrybridge he met the Bishops The Marquis finds the Bishops jealous of him to whom he signified His Majesties Pleasure at which they seemed infinitely grieved and spoke against it with so great vehemency as clearly told they were no way pleased with the Marquis yet they resolved to keep the Assembly and in the mean while to send one of their number to Court to which he gave way The Archbishop of S. Andrews seemed willing on a good Composition to quit his Place of Chancellour and the Marquis offered him 2500 l. Sâ—erlin with which he was satisfied Hitherto the Marquis had wrestled against the Malice and Jealousies of the Covenanters and now Storms begun to rise from another Hand which ceased not to persecute him to his Grave but the Truth of this Narration will best discover both their Injustice who charged him and his Innocence He holding on his Journey came to Holyroodhouse on the 17th of September He comes to Scotland and finds some Jealousies amongst the Covenanters where he found Jealousies beginning to arise betwixt some of the wiser Ministers and the Lords of the Covenant concerning the Lay-ruling-elders which he was resolved to cherish with all the Art he was master of causing some represent to the Ministers that if they gave way to that inordinate Power Gentlemen were pretending to in Church-matters it might end in a greater Servitude than any they had ever reason to fear from either King or Bishops this was well considered by many but they were over-ruled He also found the Covenanters were ready immediately to have indicted an Assembly if he offered at any more delays and therefore resolved to give them present satisfaction But his first Work was to deal with the Lords of the Council most of whom he found abundantly satisfied with His Majesties Gracious Offers so that he began again to gather some hopes and to the first accounts he gave His Majesty he had the following Return Hamilton IF I should be too long silent I might seem to contradict that Rule which my self prescribed therefore though for the present I can say nothing of the main business yet this must go if it were but to acknowledge the receipt of your two viz. of the 12th of September from Ferribridge and of the 17th of the same from Holyrood-house So referring you to the Comptroller for what concerns the Ordnance that is to be transported to Hull I rest Your assured constant Friend CHARLES R. Hampton-Court 22 Sept. 1638. Upon the 20th of September the Covenanters sent to ask the Marquis when they might wait on him to know His Majesties Pleasure The Marquis lets the Kings intentions to be known he answered when they would for he was resolved to hold a Council next day and the day following to publish it So on the 21th in the morning they came to him he told them he was going to Council to make His Majesties Pleasure known which should be also known at the Cross next day but for their present joy he told them that the King had granted all they had desired and more also and that a free Assembly and Parliament should be immediately indicted Some did hang their heads and seemed surprized yet they expressed thanks He also spoke frankly to some of them telling them what the particulars were which His Majesty had granted for having opened them to so many PrivyCouncellours at which the Covenanters were troubled he could not think but all was known to them They seemed reasonably well satisfied onely they pressed him to desist from renewing the Confession of Faith for they clearly saw that this could not but take off a great many and would heal most of the Subjects of the Jealousies they had been infusing in them but he resolved to hear of no delay having made most of the Councellours sure before-hand and that by Oath The Council sat in the afternoon and it was a very frequent Meeting After they were set the Marquis with all the Art and Industry he could think of He proposes the matter in Council laid out His Majesties Gracious Intentions for the Preservation of the true Reformed Religion and the Laws and Liberties of that Kingdom and that for the saving it from utter ruine and keeping of peace in the Land he had done many things to which he had never been induced to have given way except out of that Consideration Then was the Kings Letter to the Council read which was of the same strain with the Instructions after which there was a general silence But the Marquis not willing that should last long much less that any whose affection he suspected should begin the Discourse desired Traquair to speak who spoke as he used to do both long and well After that he called up ten or twelve of whom he was
not well but God forgive them with misconceits of His Intentions concerning the Religion professed in this Church and Kingdom But to rectifie all such Misconceptions of His Subjects His Majesties desire is that before this Assembly proceed to any thing else His Subjects may receive ample and clear satisfaction in these Points wherein His Majesties gracious Intentions have been misdoubted or glanced at by the malevolent Aspects of such as are afraid that His Majesties good Subjects should see His clear mind through any other Glasses or Spectacles than those they have tempered and fitted for them Those sinistrous Aspersions dispersed by surmizes have been especially two first as if there had been in His Majesty if not some Intention yet at least some inclination to give way if not to Alterations yet to some Innovations in the Religion professed in and established by the Laws of this Church and Kingdom I am confident that no man can harbour or retain any such thought in his breast any more when His Majesty hath commanded that Confession of Faith which you call the Negative to be subscribed by all His Subjects whatsoever and hath been Graciously pleased to put the Execution of this His Royal Command in your own hands The next false and indeed foul and devilish Surmize wherewith His good Subjects have been mis-led is that nothing promised in His Majesties last most Gracious Proclamation though most ungraciously received was ever intended to be performed nay not the Assembly it self but that only Time was to be gained till His Majesty by Arms might oppress this His Own Native Kingdom than which Report Hell it self could not have raised a blacker and falser For that part which concerneth the Report of the Intention of not holding the Assembly this Day and Place as was first promised and proclaimed thanks be to God confuteth that Calumny abundantly for the other of making good what His Majesty did promise in His last Gracious Proclamation His Majesty hath commanded me thus to express His Heart to all His good Subjects He hath seriously considered all the Grievances of His Subjects which have been presented to Him by all and several of their Petitions Remonstrances and Supplications exhibited unto Himself His Commissioner and Lords of His Secret Council and hath graciously granted them all and as He hath already granted as far as could be by Proclamation so he doth now desire that His Subjects may be assured of them by Acts of this General Assembly and afterwards by Acts of Parliament respectivé And therefore he not onely desires but commands that all the Particulars he hath promised be first gone in hand with in this Assembly and enacted and then afterwards what His Subjects shall desire being found reasonable may be next thought upon that so it may be known to God and the whole World and particularly to all His good Subjects how careful His Majesty is to discharge himself of all His Gracious Promises made to them hoping that when you shall see how Royally Graciously and Faithfully His Majesty hath dealt with you and all His Subjects you will likewise correspond in loyal and dutiful Obedience in chearful but calm and peaceable Proceeding in all other business to be treated of in this Assembly and because there shall be no mistake I shall now repeat the Particulars that you may see they are the same which were promised by His Majesties first Proclamation To this I shall adde the Paper of His Majesties Concessions taken from the Original wherein His Majesty had interlined and dashed out some things with his own Pen. CHARLES R. THe Kings Majesty being informed The Kings Oâ—fers to the Assembly that many of His good Subjects have apprehended that by the introduction of the Service-book and Book of Canons the in-bringing of Popery and Superstition hath been intended is Graciously pleased to discharge the said Books and to annul all Acts made for establishing thereof and for His good People their further satisfaction is Graciously pleased to declare by me that no other in that kind shall hereafter be introduced but in a fair and legal way of Assembly allowed by Act of Parliament and the Laws of this Kingdom The Kings Majesty as he conceived for the ease and benefit of the Subjects established the High Commission that thereby Iustice might be administred and the Faults and Errours of such persons as are made liable thereto taken order with and punished with the more convenience and less trouble to the People but finding His Gracious Intentions to be herein mistaken hath been pleased likeas he is Graciously content that the same be discharged with all Acts and Deeds made for the establishing thereof and is pleased to declare by me That that Court or Iudicatory nor no other of that nature shall be brought in hereafter but in that way allowed by the Laws of this Kingdom And the Kings Majesty being informed that the urging of the five Articles of Perth's Assembly hath bred Distraction in the Church and State hath been Graciously pleased to take the same into His consideration and for the quiet and peace of Church and State doth not onely dispense with the practice of the said Articles but also discharges and by these hath discharged all and whatsoever Persons from urging the practice thereof upon either Laick or Ecclesiastick person whatsoever and doth hereby free all His Subjects from all Censure and Pain whether Ecclesiastical or Secular for not urging practising or obeying them or any of them notwithstanding any thing contained in the Acts of Parliament or General Assembly to the contrary And because it is pretended that Oaths have been administred to Ministers at their entry contrary and differing from that which is set down in the Acts of Parliament His Majesty is pleased to declare and ordain that no other Oath shall be required of any Minister at his entry than that which is expresly set down in the Acts of Parliament and this He is content be considered of in the Assembly to be represented to the Estates of Parliament and enacted as they shall find expedient And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church neither any scandal vice or fault of any person whatsoever censurable or punishable by the Assembly go unpunished it is His Majesties Pleasure likeas by these His Majesty does assure all His good People that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require and to this purpose because it is probable that some things necessary for the present Estate and Good of this Church may be left unperfected at this present Assembly We do by these indict another Assembly to be holden at And that none of Our Subjects may have cause of Grievance against the Procedure of Prelats Our Pleasure is that all and every one of the present Bishops and their Successours shall be answerable and accordingly from time to
I should be glad of if it should not retard the Service and so I rest Your assured constant Friend CHARLES R. York 5 Apr. 1639. A Dispatch came at this time from Ireland shewing that it would be about the end of Iune before the Lord Lieutenant could come with the Army he was preparing for His Majesties assistance The hopes from Ireland fail adding that all Antrims fair undertakings were like to vanish in Air and that he was not able to doe as he had engaged for after he had used many Arts to find some colour of fastening the failing on the Lieutenants part by unreasonable demands finding him satisfied with them all was forced to acknowledge that he was not able to doe the King the Service he had undeâ—taken that Summer yet most of the Scots in Ireland offered their Service very cordially and willingly declared their dislike of the Covenant The King advises about the Indempnity he was to offer the Covenanters His Majesties next care was about His Proclamation for Scotland wherein he gave an account of the Affronts His Authority had received by the Covenanters and his designs to doe â—imself right according to the Power and Authority God had put in his hand withal offering Indempnity to such as should within eight days lay down their Arms some few excepted Declaring such as would not obey Rebels setting a Price upon their Heads and ordering their Vassals and Tenants not to acknowledge them nor pay them Rents But by His Majesties Letters it will appear how he was advised to change some particulars of the first Draught to which Counsels His Majesty did willingly give ear though there were some about him of both Nations studious enough to disswade him from any thing that looked like a temper some carried on by their Revenge and passionate Resentments others were acted perhaps with worse Principles and Designs In end His Majesty having resolved on a draught of a Proclamation he sent one to the Marquis with this following Letter Hamilton I Send you with this my Proclamation as I have now made it upon debate with Sir Lewis Stewart wherein I have altered nothing from the first but what I wrote you by my last only I have added some things of favour to those that shall repent which nevertheless are of so little moment that although this should not come to your hands time enough the other might pass very well As for the publishing of it I shall doe my best to get it proclaimed both in Edinburgh and in the rest of the Kingdom nevertheless you must not leave to doe your best for the publishing of it So wishing good success as well to your Person as Cause I rest Your assured constant Friend CHARLES R. York 7 Apr. 1639. And with this Letter the King sent the following Order written with His Own Hand Hamilton I Send you herewith my Pleasure in a Proclamation to my Subjects of Scotland and by this command you to use all sort of Hostility against all those who shall not submit themselves according to the tenour of the same for which this shall be your Warrant CHARLES R. York 7 Apr. 1639. At the same time the Marquis received the following Letter Hamilton I Have spoken with Henry Vane at full of all those things that were concerted betwixt you and agree in all things but one which is that he thinks your going into the Frith will make the Rebels enter into England the sooner whereas on the contrary I think that my poâ—sessing of Carlisle and Berwick hath made them so mad that they will enter in as soon as they can perswade an Army together except they be hindred by some awful Diversion wherefore I could wish that you were even now in the Frith though the Borders might be quiet till my Army be brought together which they say will hardly be yet these ten days Yet I am not out of hope to be at Newcastle within these fourteen days and so to Berwick as soon as I may with either Honour or Safety wherefore my Conclusion is go on a Gods Name in your former Intentions except I send you otherwise â—ord or your self find some inevitable necessity and so I rest Your assured constant Friend CHARLES R. York 10 Apr. 1638. POSTSCRIPT I have sent yâ—u ten Blanks whereof four be Signaturewise Both these found him at Yarmouth Road on the fifteenth of April whither he was come to take in his Souldiers The Marquis is at Yarmoutâ— to put his Souldiers aboard The Officers were very affectionate to His Majesties Service but did not know what their employment was to be save that in general they were to go to Sea When he told them they must go to Holy-Island and there receive the Kings further Orders they seemed surprized yet were resolved on Obedience Their men were good bodies well cloathed and well armed but so little exercised that of the 5000 there were not 200 that could fire a Musket The occasion of this was a Clause in the Councils Letter to the Lieutenants of the Counties in which they were levied that if other good men could be had the trained men should be spared and the Deputy-Lieutenants upon this ordered it so that not so much as the Serjeants and Corporals were trained But whether there was a Design in this God knows for nothing appears to make it out beside Jealousies This was a great affliction to the Marquis for he knew the King confided much in him and yet he saw there was an Impossibility of his doing any thing to purpose till the Souldiers were some ways exercised which he caused doe upon the Ships as frequently as was possible The furnishing them with Water and other necessaries together with Cross Winds kept them some days in the Road and before they got out of it the Marquis received the following Letter from His Majesty Hamilton IT is true that I was content to hear your Advice concerning your going into the Frith it being chiefly to shew Henry Vane that your Iudgement went along as well as your Obedience though I had a care ever to take off from you the envy of seeking this particular Imployment taking it as it is just upon my own absolute Command yet I will not say but that you might have cause to wonder because neither of us expressed our selves so clearly as we might But my chief errand to you at this time is that upon serious Debate upon your long Letter to Henry Vane only with him and Arundel for I dare trust no otâ—er we found no reason to alter my former Commands but were more confirmed in the fitness of them only we have thought requisit to alter some things in the Proclamation which you shall receive by the next Dispatch at furthest within a day or two of this so that you are not to indeed I think you cannot publish any until the New one come to you for I believe it will be at the Holy-Island before you
of the Magazine in the Navy which being done the Fleet was to be sent out of the Frith And accordingly on the 24th of Iune he came to Edinburgh but he met with such Reproaches and Hootings from the Vulgar that he was forced for preventing a Tumult to desire some of the Covenanting Lords to wait on him to the Castle and yet on the way he was all along cried out upon with most unworthy Names as Pyrate Traitour Enemy to God and his Country with other such-like Invectives These he could not but despise though he was sensible of the Dishonour put upon the Kings Commissioner by that Usage yet he might well have expected that it should have secured him from the Jealousies Stories which were spread of him as if he had been all that time so popular that he was looked upon as the chief Friend of the Good Cause which was as well grounded as the rest of these Reports But having executed the Kings Orders about the Castle of Edinburgh he left the Earl of Traquair whom with the Earl of Roxburgh His Majesty had again received into his Favour to see the rest of the Conditions fulfilled The Tables continued to sit The Tables continue to sit pretending it was necessary they should doe so till all were scattered It is true I have in my hands a Copy of a Warrant for them to sit till the 20th of Iuly but whether it was signed I can neither assert nor deny Divers Disorders fell out in Edinburgh and Traquair met with many Insolences in one of which the White-staff which was carried by his Servant before his Coach was pulled out of his Hand and Complaint being made of this to the Town-Council of Edinburgh all the Reparation they offered was to bring my Lord Treasurer another White-staff so it was said they rated the Affront put on the King in the Person of his Treasurer at Six pence Other Insolences were also complained of and the Covenanters partly excused them and the Covenanters are insolent partly denied what was alledged but no Reparation was made These Disorders obliged His Majesty to change his purpose of coming to Scotland in Person resolving to be present onely by his Commissioner The Marquis returned to His Majesty and stated all that was to be thought upon for Scotish Affairs in a Paper presented to His Majesty at Berwick the 5th of Iuly yet extant in these words To leave all that is past the Question is briefly The Marquis his advice to the King WHether the Assembly and Parliament now indicted is fittest to be held or discharged If held the Success of the Assembly will be the Ratisying of what was done at Glasgow or if that point be gained yet certainly most of the Acts that were made there will of new enacted nor is there any hope to prevent their finding Episcopacy to be abjured by their Covenant and the Function against the Constitution of their Church This will be by the Members of Parliament ratified and put to the Kings Negative Voice and if it be not condescended to by him it is more than probable that his Power even in that Court and in that Place will be questioned If it will be discharged nevertheless the Assembly be keeped by the Rebels and the same things done in it by them and thereafter maintained by the generality of the Kingdom this consequently will bring alongst with it the certain loss of Civil Authority and so necessitate the re-establishing the same by Force or otherwise the desertion of that Kingdom So it is to be resolved on whether it be fit to give way to the Madness of the People or of new to intend a Kingly Way If way be given to what is mentioned it is to be considered in that case if the King shall be personally present or not if not present who shall be imployed and how instructed If the Kingly Way be taken what shall be the means to effectuate the intended end particularly how Money may be levied for the waging of this War and if that be feisible without a Parliament If a Parliament what the Consequence may prove So all may be summed up in this Whether to permit the Abolishing of Episcopacy the lessening of Kingly Power in Ecclesiastick Affairs the Establishing Civil Authority in such manner as the Iniquity of the Times will suffer and to expect better and what will be the Consequence of this if way be given thereto or to call a Parliament in England and leave the event thereof to hazard and their discretions and in the interim Scotland to the Government of the Covenanters This Freedom declares how candidly he dealt with the King in all his Counsels It is true he pressed the King earnestly to give way to the abolishing of Bishops judging that to be the onely mean to bring Scotland again into Order but this was out of no other Principle save his Desire to see the King again enjoy the Affections as well as the Obedience of his Subjects of Scotland thinking Episcopal Government not so essential or absolutely necessary as not to be parted with for a time in such an Exigency wherein the Ruine of the King and Kingdom was was so manifestly threatned His Majesty considering that God did not tie him to Impossibilities The King intends to send him again Commissioner into Scotland resolved notwithstanding his Conscientious adhering to Episcopacy in England to give way for some time to lay aside that Government in Scotland hoping to draw more good from it but intended to imploy another for executing it knowing that his Countenance and Carriage would betray the Discord was betwixt his Heart and his Actions if he went himself and being well satisfied with the Marquis his Behaviour desired him to return to Scotland in the same Character and finish that Business But he made use of all his Forces both of Reason Friendship who opposes it with all his Interest and Interest to divert the King from this representing the following Reasons to dissuade him from it in a Paper presented the 8th of Iuly in these words IF Your Majesty give way to the Covenanters Demands it would be seriously considered which will be the fittest way to doe it if by Your Majesties Own Personal Presence or by a Commissioner if Your Self I shall say in that case nothing in this Paper if by a Commissioner then give me leave humbly to represent to Your Majesties Consideration how unfit it is that I should be imployed The Hatred that is generally carried me and in particular by the chief Covenanters will make them hoping thereby either to ruine me or at least make my Service not acceptable stand more peremptorily on these other Points of Civil Obedience which Your Majesty aims at than they would doe to one that is less hated Since they are the same men I have formerly treated with who now again must be principally used they cannot but find these Particulars which I
passed over with some Troops and they were encountred by three Troops commanded by Wilmot whom after a little Dispute they routed their Officers were taken Prisoners and some were killed And after this the whole Body of the English Army that lay there marched to Newcastle which consisted of 2000 Horse and 9000 Foot the Disorder among them was the greater The English Forces are routed and flie at Newburn because the Lord Conway who Commanded had gone that day from the Camp to Dine at a place about a miles distance called Stella The Scots continued passing till it was late and lay in the Fields all night next day they marched towards New-Castle and were beginning to be in some strait for they had driven as many Cattle out of Scotland with them as served hitherto for their Provision and were resolved to take nothing in England but for payment which would have been a vast charge to them They purposed therefore to summon New-Castle and in case it yielded not to threaten to burn all the Coaleries which lay on the South-side though they designed not the executing of that for fear of making the Rupture beyond remedy But as they were marching doubtful what Course to take they met a Scotchman who had been a prisoner at Durham he told them how that morning by six a Clock all the English Forces had marched throw Durham in great haste whereupon they went forward and found New-Castle open to them and there they took up their Quarters and found great Magazins of Provision which the King had laid in for his Army and by those they maintained their Army a great while This Loss and Affront went very near the Kings Heart who begun to fear this years Success as much as he had done the last After this the Lords of the Covenant wrote the following Letter to the Earl of Lanerick by one Cathcart Noble Lord AS we have ever professed and declared as well by our Words as Actions that the Grounds of our Desires are and ever shall be the redress of Wrongs and reparations of our Losses and that we will never leave off in all humility to Supplicate His Majesty for the same so this hath moved us now being come this length yet again humbly â—o Petition His Majesty to take our Case to Consideration and grant our Desires We are debarred from sending or carrying our Supplications in the ordinary way which makes us have our Address to your Lordship Intreating your Lordship in our Names to present this our Petition herein inclosed to His Majesty and in all humility to beg an Answer thereunto to be sent with the Bearer to us who shall ever endeavour to approve our selves His Majesties Loyal Subjects and most unwilling to shed any Christian Blood far less the English whereof we have given very good prooff by our bygone Carriage to every one who hath with Violence opposed us yea even to those who entred in Blood with us and were taken Prisoners whom we have let go with Meat and Money notwithstanding that all those of ours who did but deboar'd from their Quarters are miserably massacred by these whom we can tearm no otherwise than Cut-throats Our behaviour to these in New-Castle can witness our Intention which is to live at peace with all and rather to suffer then to offend We bought all with our money and they have extortioned us to the triple value the Panick fear made most of them leave the Town and stop their own Trade but we have studied to solve their doubts As all our Actions shall ever tend to that which is Iust and Right so we could wish they were interpreted to a true sense and whatever may be the event of business we hope the blame shall not lie upon Your Lordships affectionate Friends to serve you Signed Rothes Cassilis Dumferline Lindsay Lowdon Napier Tho. Hope W. Richarton J. Swith P. Hepburn D. Hoom Keir Ja. Sword J. Rutherford Leager beside New-Castle 2d September 1640. POSTSCRIPT We intreat Your Lordship to let the Bearer have a Pass for his safe Return to us The Petition inclosed was presented by him to His Majesty which follows To the Kings Most Excellent MAJESTY The Humble Petition of the Commissioners of the late Parliament and others of His Majesties Loyal Subjects of the Kingdom of Scotland They Petition the King Humbly Sheweth THat Whereas after our many Sufferings the time past extreme necessity hath constrained us for our Relief and obtaining our Humble and Iust Desires to come into England where according to our Intentions formerly declared we have in all our Iourney lived upon our own Means and Victuals and Goods brought a long with us and neither troubling the Peace of the Kingdom nor harming any of Your Majesties Subjects of whatsoever quality in their Persons or Goods but have carried our selves in a most peaceable manner till we were pressed by strength of Arms to put such Forces out of the way as did without our deserving and as some of them have at the point of death confessed against their own Consciences opposed our peaceable passage at New-burn on Tine and have brought their Blood upon their own Heads against our purposes and desires expressed in our Letters sent unto them at New-Castle for preventing the like or greater Inconveniences And that we may without further opposition come into Your Majesties Presence for obtaining from Your Majesties Iustice and Goodness satisfaction to our just Demands we Your Majesties most Humble and Loyal Subjects do still insist in that submiss way of Petitioning which we have keeped since the beginning and from which no provocation of Your Majesties Enemies and ours no adversity that we have before sustained nor prosperous success can befall us shall be able to divert our minds Most humbly intreating That Your Majesty would in the depth of Your Royal Wisdom consider at last our pressing Grievances provide for the Repairing of our wrongs and losses and with the advice and consent of the Estates of the Kingdom of England convened in Parliament settle a firm and durable Peace against all Invasion by Sea or Land that we may with chearfulness of heart pay unto Your Majesty as our Native King all Duty and Obedience that can be expected from Loyal Subjects and that against the many and great Evils which at this time threaten both Kingdoms whereat all Your Majesties good and loving Subjects tremble to think and which we beseech God Almighty in mercy timeously to avert Your Majesties Throne may be established in the midst of us in Religion and Righteousness and Your Majesties Gracious Answer we humbly desire and earnestly wait for The King having considered their Petition commanded my Lord Lanerick to write the following Answer Dated at His Majesties Court at York the 5th of September 1640. His Majesties Answer HIS Majesty hath seen and considered this Petition and is Graciously pleased to return this Answer by me that he finds it in such general terms
We exspect your best endeavors as a real Testimony of your Affection to Our Service We do likewise think fit that a Double of all such Instructions as have already been given or shall hereafter be given to the Commissioners be sent Vs which will exceedingly conduce to the shunning of unnecessary Mistakings And in case there come any Dispute betwixt Vs and Our Parliament here about the Nomination of Officers and Councellors We hope you will remember upon what Grounds We were induced to yield in this particular to the desires of Our Subjects in Scotland it being Our necessary absence from that Our Native Country and you in private did often promise upon occasion to declare that this Kingdom ought not to urge it as a Precedent for the like to them the Reasons not being the same therefore now you are to think upon the most convenient way to make good that Promise and labour to prevent so great an Inconvenience unto Vs which We expect from you as one of the most acceptable Services can be done unto Vs. CHARLES R. Windsor 26th January 1642. POSTSCRIPT With His Majesties own Hand I have commanded this My Servant Mungo Murray to tell you some things which I think not fit to write therefore desiring you to trust what he will say to you from Me I will now only add that your Affections rightly expressed to Me at this time will do Me an unspeakable Service to the effecting of which I expect much from your particular Affection and Dexterity His Majesty also wrote to the same purpose to the Marquis of Argyle and added the following Postscript with His own Hand I Cannot but thank you for your Letter I received by Kinnoul it being the performance of a Promise you made at my last being in Scotland not doubting but you will perform the rest with the same cheerfulness And I assure you this is a time wherein the kything of your Affection to Me will do Me an unexpressible Service as Mungo Murray will tell you more at large whom I desire you to trust in what he shall tell you from Me. CHARLES R. Windsor 26th January 1642. His Majesty named the Officers of the Army that was to go over to the relief of the Protestants in Ireland choosing them so that they might be most acceptable to Scotland and this he did both to gain the more upon them by his Confidence as also to set those troublesom People out of the way though this turned to the great prejudice of his Affairs in Scotland as shall afterwards appear But for this Advice the Marquis deserved no share of the Blame for the King left him behind at London to see what could be effectuated by Mediation with those of the Peers whom he knew to love him and it appears by the following Note that he continued in His Majesties Confidence Hamilton I Desire you to come hither to morrow not only to end our last Discourse but also upon other business of great Importance and you shall find that I am Your constant Friend CHARLES R. Windsor 1st February 1642. What that business was does not appear to the Writer When the King withdrew further from the Parliament and went Northwards the Marquis was kept at London by a great Sickness of some months continuance The King leaves the Parliament and the Marquis stays at â—ondon being sick the length of it being occasioned by his frequent relapses into Fevers and a lingering Recovery out of them yet his ill-willers at Court represented the story of his Sickness to be but feigned that under that pretext he might desert the King when he needed his Service most But he hearing of this was resolved to be carried sick as he was to the King which the King knowing commanded him to stay till God gave him Strength to come without prejudice to his Health In March the Treaty between the Parliament of England and Scotland was closed The Treaty with Scotland for the relief of Ireland is ended and among other Articles one was cast in That an Vniformity of Religion should be endeavoured betwixt the Kingdoms But the King would do nothing that might seem to stop the Irish business and therefore gave way to it though he smelled the design of it abundantly well Besides the words being conceived in general Terms he would not oppose them since he judged an Uniformity of Religion was to be endeavoured as well as they did but with this odds that he thought the Standard of it should be taken from England As soon as this went home the Scotish Armies went over speedily in the beginning of April And the Scotish Council wrote to His Majesty and the Two Houses that they designed to send the Marquis of Argyle over to Ireland but first to send him and the Earl of Lowdon to London to mediate betwixt the King and the Houses with which His Majesty was pleased But the Houses excused it in a fair way pretending that they judged Argyle's presence necessary in Scotland Many wondred whence this Jealousie of him did flow some thought it was because the King consented to it and therefore they misdoubted him others apprehended that their Jealousie was founded on the Friendship that was betwixt the Marquis and him and that finding the Marquis so inflexibly firm to the Kings Interest and averse from theirs they feared that Argyle's Friendships and his was founded on the same designs New Calumnies on the Marquis At this timâ— some of the Marquis his Enemies represented to His Majesty that he made Offers of the Militia to the Houses with other things highly derogatory to His Majesties Authority and that he pretended a Warrant for those Offers was sent him by Mr. Murray of the Bed-Chamber These were the bad offices some fiery spirits studied to do to all who endeavoured the quenching of that Flame which was like to devour Britain but notice being given of this to the Marquis he wrote Mr. Murray this Answer Worthy Friend IT is no new thing for me to find my self traduced to His Majesty but I should wonder very much of which he clears himself if he give Credit to a Report grounded upon such Improbabilities for if His Majesty would be pleased to call to mind how oft he repeated to me that He would never condescend to the Parliaments Demands concerning the Militia no not for an Hour in the way it was I am sure He will not think that I could engage my self to the Parliament that He would perform that which He never gave me Ground to believe my self And as for His return to London I likewise affirm He never gave me cause to hope let be to engage my self to the Parliament for it I have had the Honour to be intrusted in divers Employments from Him and He knows I never exceeded His Instructions I hope He will not now think me so mad or so great a Knave as to do that which might bring Him any Inconvenience for why
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
which could never be recovered for this raised Jealousies in the minds of the Scotish Lords as if the King had no Confidence in them which was cherished sufficiently by divers Male-contents upon which the Marquis despaired of getting any good done in Scotland All he judged possible thereafter was to prevent and provide against the Evil he feared and that he prosecuted with all the Zeal he was master of which His Majesty understanding by Mr. Mungo Murray Cupbearer wrote him what follows Hamilton YOur Letter and this Bearer hath so fully satisfied me that I cannot be more confident in any thing than that you will beside what you have deserve that mark of Favour I intend you You know me too well to have more words spent upon you only this I think unfit to trust particulars to Paper having so trusâ—y a Messenger whom I stayed this long expecting dayly a Battel but now I think the Rebels want either Courage or Strength to fight before they be forced So referring you to my Servant Mungo I rest Your most assured constant Friend CHARLES R. Wollerhampton the 27th Octob. 1642. The next Meeting of the Conservatours was on the 24th of November The Conservatours become worse affected where their strain seemed much altered to the worse yet they still resolved to interpose in a Mediation betwixt the King and the Parliament of England whereupon they wrote both to the King and the Two Houses for a Safe-conduct to such as they should send up At this time there were great Complaints of some encroachments made upon the Priviledges the Scotish Nation had enjoyed in France The Earl of Louthian is sent to France for Redress whereof the Council thought it necessary to send one to France and made choice of the Earl of Louthian and sent him first to the King with the Instructions they had given him that His Majesty might send him as His Minister to negotiate that Affair One of the Instructions was to get the Marquis put in possession of the Honour and Revenue of Chastle-herault Upon the Earl of Lowthian's coming to Court the Instructions he had from Scotland were called for by His Majesty who judged he had no reason to allow this Precedent of His Subjects instructing His Agents to Foreign Courts and these are yet extant among Lanerick's Papers But the King caused write them over in his Name so that there was no ground from this to charge any thing on the Marquis as tampering with Foreign Princes which was publickly done by his Enemies on this occasion it having been ordinarily recommended by King Iames to all the Ministers he sent from Scotland to France Neither was this done without the Kings particular Knowledge and Orders for besides that the King gave that Instruction with the rest he very seriously recommended it by word of mouth to Lowthian's Care as he informed the Writer After this the Marquis represented to the King that it were fit he should send down some person of Quality to give fresh Assurances and Hopes before they sent up their Commissioners Lanerick is sent back to Scotland whereupon the King sent down the Earl of Lanerick as the person who understood his thoughts best and was ablest to second his Brother in advancing his Service He came from Oxford in the beginning of December and brought the following Letter from the King to his Brother Hamilton THough the Trust of this Bearer needs not a Credential Letter An extraordinary Letter of the Kings yet the Civility of a Friend cannot but under his hand as well as by word of mouth express his Kindness and resentment of Courtesies which of late have been such that you have given me just cause to give you better Thanks than I will offer at in in words I shall not neglect the lazie use of so trusty a Bearer by referring to him not only the estate of my Affairs here but likewise in what way you will be of most use to Me yet I cannot but tell you I have set up my rest upon the Iustice of my Cause being resolved that no extremity or misfortune shall make me yield for I will be either a Glorious King or a Patient Martyr and as yet not being the first nor at this present apprehending the other I think it now no unfit time to express this my Resolution unto you One thing more which but for the Messenger were too much trust to Paper the sailing to one Friend hath indeed gone very near me wherefore I am resolved that no Consideration whatsoever shall ever make me doe the like Vpon this Ground I am certain that God hath either so totally forgiven me that he will still bless this Good Cause in my Hands or that all my Punishment shall be in this World which without performing what I have resolved I cannot flatter my self will end here This accustomed Freedom will I am confident add chearfulness to your honest Resolutions seeing beside Generosity to which I pretend a little my Conscience will make me stick to my Friends assuring you I have none if I am not Your most assured constant Friend CHARLES R. Oxford 2d Decemb. 1642. This excellent Letter will both shew what pious Resentments His Majesty carried along with him in the greatest perplexities of his Affairs and discover how he did not think that the Marquis had either neglected or abused his Trust. Lanerick acted with more briskness and spoke more home and roundly than his Brother which preserved him in a high degree from the Jealousies which the smoothness of his carriage brought upon him Now the Pulpits were not idle for the Ministers begun again to work on the People The Ministers perswade the People to Arms. for the Defence of the Good Cause now in hazard which was ecchoed back with the applause of the Vulgar The Marquis and Argyle at enmity At this time the Marquis his Friendship with Argyle grew to a Coldness which after a few moneths turned into an Enmity for he finding Argyle so backward in all motions for the Kings Service and that he could not be prevailed upon to continue in a Neutrality in the English quarrel broke with him There was then in Scotland one Pickering an Agent from England who studied to poyson all with Misinformations of the Kings Proceedings and Designs The Marquis is complained of England as the Incendiary He wrote to Mr. Pym that he found good inclinations with all in Scotland to own their Quarrel and declare for them only the Marquis with his Friends resisted it so powerfully that till he were laid aside the success of his Negotiation was to be feared Wherefore he advised to proceed against him roundly and either to summon him to the House of Peers or to send down a Warrant to pursue him in Scotland as the Incendiary betwixt the two Kingdoms and he sent threatnings of this to the Marquis but he found his firmness to the Kings Service was proof against all
wherein it is represented that your Lordships late Warrant for Printing His Majesties Letter hath occasioned great Grief and heavy Regrate of all who tender the Glory of God His Majesties Honour and procuring Vnity of Religion and Vniformity in Church-Government the continuance of Peace and Vnion betwixt the two Kingdoms and fearing if at this time we should be silent your Lordships should conceive us and the rest of the Kingdom to be involved with them in the like Desires Iudgements and Opinions and lest by our silence our Gracious Soveraign the Kings Majesty should believe us wanting in the Duty and Allegiance which by so many Tyes and Obligations we owe to Him our Native King or that our Brethren of England should apprehend the least Intention â—r Desire in us to infringe or any ways to encroach upon the Brotherly Vnion of the two Kingdoms so happily united under one Head We presume in all Humility to clear our selves and our Intentions to your Lordships and to all the World and therewith to represent our humble Wishes and Desires for Establishing His Majesties Royal Authority and continuing that happy Vnion betwixt the two Kingdoms which can never truely be conceived to be intended to weaken the Head whereby it is knit together and without which it can have no subsistence The happy Vnion of the two Kingdoms under one Head our King doth so much add to His Majesties Greatness and Strength of both Kingdoms that we British Subjects cannot choose but wish that the said Brotherly Vnion be heartily entertained and cherished by all fair and reasonable means to which we conceive no one thing will so much conduce as that the late Articles of the Treaty of Peace and Conclusions taken thereupon about Vnity of Religion may be carefully and timeously prosecuted wherein as our Commissioners then so we now without presuming or usurping to prescribe Rules or Laws of Reformation to our Neighbour-kingdom Civil Liberty and Conscience being so tender that it cannot endure to be touched but by such as they are wedded to and have lawful Authority over them notwithstanding seeing the duty of Charity doth oblige all Christians to pray and profess their Desires that all were of the same Religion with themselves and since we all acknowledge that Religion is the base and foundation of Kingdoms and the strongest Bond to knit the Subjects to their Princes in true Loyalty and to knit their Hearts one to another in true Vnity we cannot but heartily wish that this work of Vnion so happily begun may be crowned and strengthened by the Vnity of Church-Government and that your Lordships with us may be pleased to represent it to His Majesty and Both Houses of Parliament as an expression and Testimony of our Affections to the good of our Brethren in England and of our Desires to make firm and stable our Brotherly Vnion by the strong chain and Bulwark of Religion but as we have said no ways intending thereby to pass our bounds in prescribing and setting down Rules and Limits to His Majesty and the Two Houses of Parliament their Wisdom and Authority in the way of prosecution thereof The sense we have of the great Calamities and irreparable Evils which upon occasion of these unhappy Distractions and Mistakes betwixt the Kings Majesty and the Two Houses of England which if not speedily removed cannot but produce the fearful and prodigious effects of a bloody and Civil War obligeth us in the duty of Christians and as feeling members of what may concern our Common Head the Kings Majesty and the Good and Happiness of our Brethren of England humbly to represent to your Lordships That as we will not be wanting with our Prayers and our faithful and best Endeavours to assist in the removing of these unhappy Mistakes and Misunderstandings so we heartily wish and humbly Petition your Lordships that from the deepness of your Wisdom such happy Motions may flow as upon that tender care of our Soveraigns Person and Authority Peace and Truth may be settled in all His Majesties Dominions Although we will not presume nor take upon us to prescribe Laws and Rules to your Lordships yet in all Humility we intreat your permission to represent such Particulars as we conceive and are very confident will conduce much to the removing of all â—hese Mistakes betwixt His Majesty and His Two Houses of Parliament and be a ready mean to facilitate a happy and wished Peace and continue the Brotherly Vnion between the Two Kingdoms And first that in answering the foresaid Petition your Lordships may be pleased to do no Act which may give His Majesty just occasion to repent him of what Trust he so Graciously expressed in his Letter of the Date the fifth of December He reposes in us His Subjects of His Ancient and Native Kingdom for we cannot think that our Brethren in England or any other can believe that the ground of this Mutual Vnion of the two Kingdoms by the several and respective Vnions to our Prince and Head should weaken the strong Bond whereby it is knit and by which we are so firmly tied by so many Ages and unparalelled lineal descents of an hundred and seven Kings Neither can we suppose that any good Protestant or true member of our Church can imagine far less seduce others to believe that by the late Treaty of Peace or Act of Vnion we as Scotish Subjects are in any sort liberated from the Dutiful Obedience which as Scotishmen we owe to our Scotish King or from that due Loyalty which as Scotish Subjects we owe to our Native Soveraign for Maintenance of His Person Greatness and Authority or that thereby we are in any other Condition in these necessary Duties to our Soveraign than we and our Ancestors were and have been these many Ages and Descents before the making of the said Act or before the Swearing and Subscribing of our late Covenant by which we have solemnly sworn and do swear not only our mutual Concurrence and Assistance for the cause of Religion and to the utmost of our power with our Means and Lives to stand to the Defence of our Dread Soveraign His Person and Authority in the preservation of Religion Liberty and Laws of this Church and Kingdom but also in every Cause which may concern His Majesties Honour we shall according to the Laws of this Kingdom and Duty of Subjects concur with our Friends and Followers in quiet manner or in Arms as we shall be required of His Majesty or His Councel or any having His Authority Secondly That if your Lordships think it fitting to make any answer to the Parliament of England their Declaration your Lordships may be pleased not to declare enact or promise any thing which may trouble or molest the Peace of this Kirk and Kingdom which by God's special Grace and His Majesties Favour and Goodness we enjoy and have established unto us according to our Hearts desire by the Laws Ecclesiastical or Civil of
this Kingdom respectivè and which His Majesty since by so many Declarations and deep Protestations hath Sworn to maintain inviolably Thirdly That your Lordships may be pleased to consider that as nothing will more diminish His Majesties Greatness than that this Kingdom should consume in Civil War so nothing will more conduce to the Suppressing of insolent Papists malignant schismatick and Disloyal Brownists and Separatists the special if not the sole promovers of these unhappy Misunderstandings than that heartily and freely without respect of worldly and secondary Considerations we give to Christ what is Christ's and to Caesar what is Caesar's by means whereof the Truth and Purity of Religion shall be established to the utter Confusion of all these Sectaries true Monarchical Government firmly setled by which likewise Laws and Authority shall retain their ancient vigour and force to the Suppression of all Commotions and tumultuous Conventions the bane and overthrow of all true Religion and Policy Fourthly Although there be nothing farther from our minds than to presume to question or crave of your Lordships an account of your Actions knowing perfectly by the inviolable Laws and Customes of this Kingdome that to be only proper and due to the King and Parliament from whence you have that great Charge and Trust delivered unto you yet we hope your Lordships will give us leave in all Humility to remember your Lordships of your Deliverance June 1642. and are confident that the said Lords the Petitioners neither have nor shall have necessity to trouble themselves nor the Council with Supplications of this kind and that your Lordships in your Wisdom will take some Course for preventing all occasions which may in any sort disturb the Peace of this Kingdom or make Division among the Subjects thereof This Petition was signed by a great many Noblemen and Gentlemen Many sign it but though they took much pains to get Ministers to concur in it yet none of them could be drawn to it This Petition was presented with many hands at it to the Council and it was observed that as it was written by a trusty Friend of the Marquis's so also all his Friends signed it which made the Author suspected and did shew that his Friends adhered hitherto to their Duty and his Example All the Answer the Councellors returned to it was that they should be careful to proceed as they should be answerable All the Ministers condemn it But the Preachers threatned Damnation to all the Authors and Subscribers of it and detestable Neutrality became the Head on which they spent their Eloquence The Commission of the General Assembly passed a severe Censure on the Cross Petition in a Remonstrance they gave in against it which was answered by a Counter-remonstrance Upon these cross tides of Petitions that were offered to the Council the Conservatours of the Peace resolved to send some Commissioners to London Commissioners sent to Treat betwixt the King and the Two Houses to Mediate betwixt the King and the Two Houses and endeavour chiefly the Uniformity of Church-Government for which end the Commission of the Kirk was also to send their Commissioners to second them in it and no resistance could be made to this that was able to obstruct it They also moved that the King should be desired to call a Parliament in Scotland The Marquis and his Friends opposed this vigorously not that he was against a Parliament but judged the Motion unseasonable and thought the Time prefixed at the last Parliament for the next to wit after three years needed not be anticipated It was also put in their Instructions to their Commissioners to press the King to put all Papists from his Person The Marquis and his Friends also opposed this not upon the account of the thing it self but because it seemed to cast a Scandal upon the King as if his Religion were to be suspected But the Church-party was strongest in this Meeting of the Conservatours and so carried every thing in it The Safe-conducts being come they named their Commissioners the Chancellour being the chief of them and though Lanerick in the Kings Name excepted against the Lord Waristoun and produced the Kings Warrant for it yet they named him but were so wise as not to send him They were also so discreet that they appointed the Commissioners to go first to the King Things being thus determined Lanerick took the start of them but they were at Court before him he being detained by a Garrison of the Parliaments for some days In the end of February he came to Oxford Lanerick goes to Court and discovers the inclination of the Church-party where he gave the King an account of the present state of the Scotish Affairs and that it was the Advice of His Majesties truest Friends in Scotland that he should entertain the Commissioners with the best words he could give them but should not by any means suffer them to go to London since there were great grounds to fear they would engage too deep in the Quarrel if they went thither This Advice agreed so with the Kings Inclinations that it could meet no resistance in his thoughts When the Commissioners arrived they delivered their Message but the King repeated what was formerly told them That Scotland and England had different Laws and Interests and therefore it was to give the one Kingdom too great an advantage over the other to suffer them to come and be Vmpires in the present Differences They pressed their Desires as warmly as they could but all was in vain for the King would by no means suffer them to go to London and in particular he told the Earl of Lowdon what grounds He had to believe they designed to raise an Army for the Parliaments Quarrel and that some of his fellow-Commissioners would prove Incendiaries rather than Mediators But Lowdon with great Protestations denied that they designed to raise Arms and said to the King These were but the Misrepresentations with which the Marquis and his Brother abused His Majesty As for the Calling a Parliament the King said he saw no reason for it and therefore would not anticipate the Day that was already prefixed for it But to the Commissioners from the Assembly the King gave the following Answer which I set down in his own Words having it written all with His Majesties own Hand HIs Majesty commends the Zeal of the Petitioners for the advancement of the true Reformed Religion against Heresy Popery Sects Innovations and Profanity and always shall use His best and uttermost endeavours for Advancing the one and the utter Suppressing the rest For the Vnity in Kirk-Government His Majesty knows that the Government now established by the Laws hath so near a relation and intermixture with the Civil State which may be unknown to the Petitioners that till a composed digested Form be presented to him upon a free debate by Both Houses of Parliament whereby the Consent and Approbation of the whole Kingdom
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
glad to get it carried on at any rate But many judged the oddest part of it all was their Oath to maintain the Priviledges of both Parliaments since that was never defined and was scarce capable of a Definition and the Priviledges of the Parliament of England were far enough from the knowledge and divination of the Scotish People who in this case must believe all that to be Priviledge which they called so The Covenant was carried up by those trusted with it to the Two Houses to be approved by them and being returned to Scotland the Committee of Estates did by their Printed Act of 22th of October ordain it to be Sworn and Subscribed by all the Subjects under the pain of being punished as Enemies to Religion His Majesties Honour and the Peace of these Kingdoms and to have their Goods and Rents confiscated and they not to enjoy any Benefit or Office within the Kingdom and to be cited to the next Parliament as enemies to Religion King and Kingdoms and to receive what further punishment His Majesty and the Parliament should inflict on them At this time His Majesty sent Mr. Mungo Murray to Scotland to assure his Friends of his Confidence in them who brought the following Letters from the King and Queen to the Duke Hamilton Letters from the King and Queen to the Dukâ— I Find there hath been a great Mistaking about that mark of Favour which I thought fit to bestow upon you the particulars I have commanded Mungo Murray to tell you only this I assure you that my Confidence of you is not lessened from what I commanded your Brother to assure you of in my Name for you shall find me Your most assured real constant Friend CHARLES R. Cousin AS soon as I had occasion since my Arrival hither to write to you I have resolved to do it both to assure you of all that I said to you when I was at York as also to tell you that I am none of the least sharers in rejoycing at the Honour the King hath put on you This is a mark of the Confidence He hath in you which I am assured you will make the World see was founded on very good reason The Bearer is a Person who will tell you more than I can write to him I refer my self and shall say no more but that I am Your affectionate Cousin HENRIETA MARIA R. Oxford 28th August The Kings Friends had gone to the several places where their Interests lay to see what likelyhood there was of Raising any Force for advancing the Kings Service by extreme ways and to put a better colour on their Gathering of People together they carried with them the following Letter which was Signed by His Majesty and of which Lanerick was ordered to give an attested Copy to all who were well-affected CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour The Kings Letter to His good Subjects in Scotland We Greet you well Since nothing on Earth can be more dear to Vs than the Preservation of the Affections of Our People and amongst them none more than those of Our Native Kingdom which as the long and uninterrupted Government of Vs and Our Predecessors over them doth give Vs just reason in a more near and special manner to challenge from them so may they justly expect a particular Tenderness from Vs in every thing that may contribute to their Happiness but knowing what industry is used by scattering Seditious Pamphlets and employing private Agents and Instructions to give bad impressions of Vs and Our Proceedings under a Pretence of danger to Religion and Government to corrupt their Fidelities and Affections and to engage them in an unjust Quarrel against Vs their King We cannot therefore but endeavour to remove these Iealousies and secure their fears from all possibility of any hazard to either of these from Vs We have therefore thought fit to require you to call together your Friends Vassals Tenants and such others as have any dependance upon you and in Our Name to shew them Our Willingness to give all the Assurances they can desire or We possibly grant if more can be given than already is of preserving inviolably all those Graces and Favours which We have of late granted to that Our Kingdom and that We do faithfully promise never to go to the contrary of any thing there established either in Ecclesiastical or Civil Government but that We will inviolably keep the same according to the Laws of that Our Kingdom and We do wish God so to bless Our Proceedings and Posterity as We do really make good and perform this Promise We hope this will give so full satisfaction to all that shall hear of this Our solemn Protestation that no such persons as study Division or go about to weaken the Confidence betwixt Vs and Our People and justly deserve the name and punishment of Incendiaries shall be sheltred from the hand of Iustice and all such others as shall endeavour Peace and Vnity and Obedience to Vs and Our Laws may expect that Protection and increase of Favours from Vs which their Fidelity deserves So expecting your Care hereof We bid you heartily farewell From Our Court at Oxford the 21st of April 1643. These Lords appointed at parting to meet again about the end of August The Lords whom theKing employed meet and send Propositions to the King which accordingly they did and when they met divers told they found much coldness among their Friends Many professed a cordialness to the Kings Service but they had neither Armes nor Ammunition nor saw they a place of Security for a Rendezvouz nor of Safety for a Retreat in case of a Misfortune so that divers of the Noblemen said It was not in their power to bring any with them to the fields but their own Domesticks Whereupon it was agreed by them all to send one Neal Servant to Mr. Murray of the Bed-Chamber to the Marquis of Newcastle to desire him to seize on Berwick which was of great Importance and was at time without a Garison that it might be the Place whither they might bring what Forces they could draw together which was indeed the most proper Place for them since the Counties that lay next it were best-affected They likewise desired my Lord Newcastle to send them such Arms and Ammunition as could be spared them out of the Kings Magazins which were then in his hands they also ordered Neal to go forward from him to Oxford to give the King an account of their Desires that they might be presently supplied He was dispatched on the 29th of August but on the 4th of September my Lord Newcastle wrote back to them a short answer referring them to Neal who in a large one both which are extant told them that my Lord Newcastle said he could spare them neither Armes nor Ammunition and as for Berwick he could not seize on it without bringing Ruine on himself and his Posterity unless
he had a Commission for it under the Great Seal of England it being contrary to the Articles of the late Treaty of the two Kingdoms which was ratified in Parliament At this time the Treaty betwixt the Two Houses in England The Treaty betwixt Scotland and England is concluded and the Convention in Scotland was closed Against the 5th of October a hundred thousand pounds Sterling was to be paid in Scotland and against the Twentieth of that Month an Army of Twenty thousand Horse and Foot was to be on the Borders from Scotland who were to have thirty thousand pounds Sterling a Month for Pay only the hundred thousand pounds Sterling was to serve for the first three Months The General was to be chosen by the Scots the Army was to receive Orders from a Commitee of both Kingdoms no Peace should be treated or concluded without the Scots and the Publick Faith was given by the Convention of Estates in Scotland that their Army should return out of England when a Peace was concluded by both Kingdoms And so the Convention Adjourned till Ianuary having chosen a Committee of Estates to whom they gave full Power in all matters Civil and Military About the middle of September the fairest opportunity of all was lost for the Parliament of England apprehending the hazard of the loss of Berwick sent down some Ships by which Berwick seized on by the Parliament with the Concurrence of the Scots it was presently Garrisoned and the Committee of Estates issued out toward the middle of September Commissions for making of Levies â—hrough the Kingdom so that nothing kept them from Marching but that they heard not of Money from England The Kings Friends were now in the greatest perplexities imaginable they saw his Affairs in a ruining Condition and themselves able to do nothing but regrate it All September passed over ere they had a return from Oxford and since the hope of Berwick was irrecoverably lost nothing remained but Despair The Church-party became daily more resolute and the Kings-party became fainter At length in the beginning of October Mr. Mungo Murray came from Court but brought no present Relief only large hopes of Assistance to follow quickly He also brought Letters from the King both to the Council and the Conservatours of the Peace that to the Conservatours of the Peace follows CHARLES R. RIght Trusty and Right well-beloved Cousins and Councellours Right Trusty and well-beloved Councellours and Trusty and well-beloved The Kings Letters to the Conservatours of the Treaty We greet you well No Industry hitherto could have so far prevailed with Vs as to gain any belief that Our Scotish Subjects would countenance much less assist this bloody Rebellion in England yet We know not how to understand the Levying of Forces both Foot and Horse within Our Native Kingdom and their entring Our Town of Berwick in an hostile manner You are particularly trusted by Vs and Our Parliament and solemnly sworn to be faithful in the discharge of that Trust of seeing the Articles of the late Treaty observed which here is most grosly violated therefore We require you as you will be answerable to God to Vs and Our Parliament to take speedy and present Order for recalling and suppressing those Forces Our most malicious Enemies must bear Vs witness how religiously We have observed these Articles on Our part whereof if We had not been more tender than the advisers of the Breach have been of the Publick Faith it is obvious to any how easily We could have secured that Town from all Rebels We have likewise thought fit to take notice of the private Preparations in that Our Kingdom of Raising an Army by a new Authority to come into Our Kingdom of England under the pretence of securing themselves from a Popish and Prelatical Army falsly alledged to be upon the Borders such Forces as We have there being only for Protecting of Our distressed Subjects from the Incursion of Rebels from their Ships at Berwick and Holy-Island and for no other end Such then as shelter themselves under that Pretext will find from thence but a slender Warrant before God who knows the integrity of Our Heart and how inviolably We intend to preserve all that We have granted to that Kingdom so long as they suffer themselves to be capable of Our Protection and those Favours We do require you not only to oppose and suppress all such unwarrantable Levies but by your Publick Declaration to disabuse those Rebels in England who endeavour to engage you in their Rebellion and expect Assistance from you in all which We look for ready Obedience and expect a present account thereof We bid you heartily farewell Given at Our Court at Oxford the 26th day of September in the 19th Year of Our Reign 1643. The Letter to the Council follows CHARLES R. The Kings Letter to the Council RIght Trusty and Right well-beloved Cousins and Councellours and Trusty and well-beloved Councellours We greet you well Whereas Our desire of preserving Peace within Our Native Kingdom and preventing such Disputes which malicious Instruments might so heighten as to divide Vs and any of Our Scotish Subjects moved Vs by Our Letter of the tenth of June to dispense with the unwarrantable Calling together of the Nobility Commissioners of Shires and Burroughs at Edinburgh the twenty second of June 1643 and so far to give way to the Meeting as to allow them to take into Consideration the best ways of Maintaining Our Scotish Army in Ireland for Suppressing of that bloody Rebellion there since Our Two Houses of Parliament here had failed in the performance of the Treaty concluded upon betwixt the Two Nations for that effect and likewise for such other Particulars as Our said Letter doth more fully contain expecting they would have limited their Resolutions thereunto and paid an equal Gratitude of Duty and Obedience to Vs and Our Iust Commands as We have so lately and so many ways expressed Our Affection to that Our Kingdom in General and so many Members of that Meeting in their own particulars all which notwithstanding they have proceeded to Resolutions as unjustifiable as their Meeting and would engage Our Subjects to an Obedience of their Arbitrary Commands beyond the Power of any of the most Free and Lawful Conventions of the Estates Our Authority and Consent being so absolutely contemned that they have exâ—eeded the Bounds We have prescribed and proceeded to Conclusions of the highest nature without so much as acquainting Vs therewith Such high Indignities to Vs and Our Authority make Vs believe they have forgot they have a King and their Oaths in preserving Vs in Our Iust Power as their King but God will discover and punish such undutiful Thoughts how closely soever they be clouded with pretences of Safety to Religion and Liberty which they know will ever be dearer to Vs than Our Own Preservation Our good Subjects will likewise suffer with Vs by their heavy Taxes upon
they were now coming to Court to be Intelligencers to his Enemies therefore it was necessary to secure him upon his first Arrival and particularly to hinder his access to the King since it was to be feared that his Majesties Affection with his Innocency which they in their Consciences knew was unstained would quickly break through all those Arts that had been contrived for his Ruin The Duke was not ignorant of all that was designed against him The Duke goes to Court nor so totally destitute of Friends as to be let perish without sending him advertisements Any Loyalty less than his would upon such advices have kept out of the way till he had sent his Justification before him and had cleared himself of all Imputations but being confident of his own Innocency he resolved to go on and put all to hazard so on the 16th of December he came to Oxford There was at the Ports an Order left to stop him till the Governour were advertised but the Captain of the Guard thinking he was in the Coach that followed not knowing himself who was on horseback let him pass without stopping him But he was presently followed with an Order from the King and is made Prisoner confining him and his Brother to their Chambers during his Majesties Pleasure The Duke answered that as he had ever given a ready obedience to his Majesties Commands so in this he would punctually obey his Order At night Secretary Nicholas came to him and told him that his Majesty had received an Accusation of a high nature against him and that he could not be answerable to himself if he had not taken this Course with him but that he might expect from him all Favour that in Justice he could grant him and that himself would be graciously pleased to hear as much of his Cause as he could and that all haste should be used in it The Duke answered that he humbly thanked his Majesty for his Goodness thus in general to let him know the Cause of his Restraint and for any favour in that Charge he desired it not but trusted to the King's Justice and his own Integrity only he intreated he might have a speedy Trial. And for his Majesties constant Goodness to him he had no more to return to him but his humble Thanks since he had received greater proofs of it than he had either merited or could ever deserve Next the Secretary called for his Brother who was a little indisposed and told him he had the Liberty of the Town only he might not come to the King 's or Queen's Court without Permission and after that a Guard was set at the Duke's Lodgings with Orders that none might speak with him except in the presence of one of the Secretaries But Mr. Murray of the Bed-chamber had been with him at his first Arrival and the Duke desired him to give the King a full account of his Behaviour in Scotland and of the necessities that his Duty had forced him to when he left the Kingdom and he desired he might have that Justice done him to see the Charge that had been given against him that so he might justify himself since he was absolutely ignorant of it and his own Conscience did not charge him with any Guilt in reference to the King's Service The Duke gets a Copy of his Charge and Answers it At night Mr. Murray returned to him with a very favourable Message from the King expressing his Confidence that he should clear himself of the Charge given against him And by what the Writer could learn it was he that brought him a Copy of the Charge that was drawn up against him for the Duke got the Copy of it before it was put in the due form of an Impeachment being liker a Historical Information presented to the King than a Legal Accusation That Paper was never brought into any Court nor did any thing ever follow upon it for the business went not the length of a Trial yet it seems too important a Transaction of the Duke's Life not to be inserted with the Answers that were drawn to it for assoon as the Duke got it he sent to the best Counsel then at Oxford who drew an Answer to it wholly in point of Law and himself drew an Answer as to matter of Fact and penned a long Speech which he intended to make at his first Appearance But those Papers which do yet remain were afterwards digested into one full Answer and therefore that the Reader may not be wearied too much I shall insert that instead of all the rest setting down the Answer after every Article of the Charge Only I shall here promise what I copied out of an Original Letter of one of the most zealous Covenanters who was a very considerable man among them and one of the Iunto to his Correspondent by which the Reader may judge what he is to think of the Truth of matter of Fact alledged in the Charge I have seen the Charge against the Duke and though he has been a great Enemy to our Cause and Work I cannot but pity him since he suffers from their hands whom he has been serving and after that he adds he is in no hazard if he get Iustice for the Accusation is false and can never be proved This will discover both what the secret thoughts of the Covenanters were of the Duke and how false the Charge was in matter of Fact But the most material Evidences that do clear his Innocence and justifie the Answers to the Charge have been already set down in the former parts of this Work to which the Reader will find some References marked in the Margent The Accusation given against the Duke of Hamilton at Oxford December 1643. THat the Duke of Hamilton hath of a long time yea almost ever since he had any considerable meddling in Business Article 1. endeavoured in the way of a constant and continued Design both by Words and Actions to beget in His Majesties Subjects both a Hate against the Government and a Contempt of His Majesties own Sacred Person as particularly he himself using most contemptible and undervaluing Expressions of His Majesty and His Emissaries Instruments or Creatures suggesting upon the other part all Prejudices to the People as that they were now but a Province unto England and had lost their Liberty and that Scotland was now under a Pharaoh that knew not Joseph The Answer to the former Charge THe Defendant is charged with many things of a high nature Answer some whereof if true will involve him in the guilt of High Treason other particulars infer a breach of Trust and an abusing of His Majesties Confidence in him with several other heinous Aggravations which if true the Defendant acknowledgeth that no Punishment could be found equal to his Guilt and in a matter wherein his Life his Fortune his Honour and Posterity lye at stake it cannot seem strange if the Defendant plead in
Law every advantage his Learned Counsel have suggested who besides many things they have laid before him from the Priviledges of the Peers do assure him that in Law every impeachment ought to contain in it the matter of Fact particularly and certainly set down with all necessary circumstances of Time Place and Witnesses otherwise the Party accused may Demur in Law Besides the Charge given against him is so general and historical so aggravated with scandalous Glosses invective Expressions groundless Suggestions and Pretences false Collections and Inferences seeming Probabilities with cunning Suppositions and Conjectures together with the Opinions and Words of his Friends Acquaintances and Enemies all so ambiguously penned by the Contriver that he may Demur in Law upon the whole Charge for matter of Insufficiency and Form since many Insufficiencies and Absurdities might be observed in it upon a strict Disquisition and Dissection of Law and indeed the Defendant cannot but desire the last words of the Charge be considered wherein his Accusers pretend to be able to prove some of the weightiest points by several Witnesses and all the rest by some and strong Probabilities which words alone his Lawyers do assure him are sufficient to invalidate the whole Charge since no man can be Arraigned of Treason upon some Probabilities to which other Probabilities may be always opposed with equal colours of truth Many of the particulars charged upon the Defendant were done before the Pacification and Act of Oblivion passed in both Kingdoms by which no remembrance is to be had of what passed before it and His Majesty did verbally express at the last Parliament at Edinburgh that the Defendant had carried himself during the former Troubles as became a faithful Subject and one that tendered the Good and Happiness of his Country There was also in that same Parliament a particular Act passed declaring he had carried himself during the former Distractions as a faithful Servant to His Majesty and a loving Patriot to his Country upon which the Defendant may well plead that he is not bound to answer for any thing charged on him that was done before that Parliament and that his Accusers do incur Punishment for going against the Act of Oblivion then passed nor is he bound in Law as his Learned Counsel assure him to answer for any Words alledged to have been spoken by him unless questioned for them within three Months after they were spoken according to the Laws of this Kingdom But though the Defendant hath so far complied with his Lawyers as to have named the former particulars yet it is not out of any design to escape either Trial or Justice therefore he is ready to give an account to His Majesty of the Actions of his whole Life in reference to His Majesties Service whenever he shall be called to it particularly for the Trusts and Imployments his Majesty honoured him with being so confident of his own constant unstained Integrity and Loyalty and of His Majesties Justice that he is not afraid of the issue of the whole Matter himself being so Innocent and his Judge so Just therefore he shall answer plainly and particularly to all the Matters of Fact laid to his Charge leaving the Plea in Law together with the necessary distinction of points of Treason from Misdemeanours to his Learned Counsel when they shall be allowed to plead Answer to Article 1. To the first Article the Defendant says nothing can be more false than that he ever used any such Expressions The Answer to the first Article he knowing well his Majesties Affection to that Kingdom and to the Liberties and Freedoms of it There is neither Time Place nor Persons expressed to whom such Words should have been spoken nor upon what occasion nor to to the People of what Kingdom they were used nor are any of his Actions condescended on to make out what is charged on him nor knows he who are meant by his Emissaries Instruments or Creatures if any have used such seditious Speeches let them be punished for them but he cannot be answerable for other men unless it be proved they acted by his Order and Direction therefore the Defendant simply denies what is alledged in this Article as basely false and forged Charge That he hath most seditiously endeavoured to exasperate His Majesty against His Subjects of Scotland Article 2. by Invectives against them to His Majesty even before their falling off from their Obedience by advising His Majesty to make War against them affirming that His Majesty would never be King of Scotland unless He conquered it which he likewise then averred would be a Work only of three Months time and at the same time encouraging them most treacherously to withstand His Majesty and take from Him His Power and His Rights particularly exciting them thereunto by vilifying Speeches of His Sacred Person That if they awed Him He was such a Coward they might have of him what they would but if they gave him his Will he would prove a verier Tyrant than ever Nero. Answer To the first branch of the second Article the Defendant says The Answer to the second Article he appeals to His Majesty how false it is who knows well that the Commotions of Scotland were begun a year before he was imployed in Scotish Affairs Comp. p. 30. and p. 43. which had been before that trusted to other Persons of Honour in that Kingdom and that the Covenant was generally taken the Courts of Justice removed from Edinburgh the Tables formed Protestations used against His Majesties Proclamations before he was engaged His Majesty also knows well that he had never advised these Innovations which gave the rise to these Commotions nor engaged in the Affairs of that Kingdom but upon His Majesties particular Command without which he had designed to avoid all meddling in them See p. 38. so that nothing can be more notoriously false than that part of this Article is That the Defendant did exasperate His Majesty against that Kingdom or advised Him to conquer them before they fell from their Obedienee It is true after His Majesty had thought fit to imploy the Defendant in those Affairs he did give him clear advertisements of the state of Affairs in that Kingdom not sparing his nearest Friends as His Majesty well knows but gave no advice but what he thought agreed both with the Duty of a good Subject and Patriot He never advised His Majesty to conquer or subdue that Kingdom or to govern it as a Province for he takes the suppressing of a Party in Arms against the King or who were rejecting his Authority to be very different from conquering the Kingdom and therefore as he simply denies the first branch of this Article so he refers the clearing of his Innocency in this to His Majesty who cannot but know best what he advised him and to the Letters he wrote to His Majesty if they be yet remaining The next branch of the Article is of
Defendant says The Answer to the sixth Article that he sees there is nothing so false but his Enemies have the impudence to fasten it on him since he was one of the chief Contrivers and Promoters of that Petition as he can prove by hundreds of Witnesses nor did he dash See p. 211. or cause to be dasht out any Clause that was conceived in His Majesties favours which his Enemies with their usual falshood say was too great an eye-sore It is true he saw divers Draughts of a Petition against the Annuities and some of them had expressions in them which the Judicatories of that time would have declared contrary to Acts of Parliament which by the advice of good Lawyers all that were well-affected to His Majesties Service rejected and yet the Draught agreed to will be found to contain very plainly the Assurances of their Fidelity to His Majesty and that Draught being agreed on the Defendant sent it to all the Places where he had Interest and procured very many Subscriptions to it so unjustly is the Defendant charged in this Article But as these Subscriptions were thus procured the Council stopped all further Proceedings in that Business by a Declaration forbidding any to subscribe it nor did His Majesty send any Answer to those Petitions to the Defendant It is true by his Instructions he did empower them to discharge the Annuities to such as had petitioned about them See p. 220. if this was not done it was not only the Defendants deed but was the concurring Opinion of the others joyned with him in Trust by His Majesty who he doubts not shall be able to give a very good account of that See p. 223. as of all the other particulars committed to their Trust when-ever His Majesty shall call them to it and shall shew him very good reasons why they did not proceed any further in that Affair Charge That since he left His Majesty at York Article 7. he hath been still labouring to frustrate the good Intentions of His Majesties faithful Subjects of Scotland and to bring Matters to the Pass they are now at which may be clearly evinced by the particulars which follow First when some Noblemen of that Kingdom well-affected to His Majesties Service perceiving the Intentions of some there to engage that Nation in Rebellion with the Malignant Party here made offer of all their best Services and ready endeavours to prevent the same for themselves and in the name of all the Kings greatest and best-affected Party there he to disappoint those promising and evident Courses thrust himself into the Business and in a very seeming plausible way undertook to keep that Kingdom in Peace and Quiet and from attempting any thing upon this Nation or against His Majesties Service now depending here and to make it appear the more specious without making use of any Force or putting His Majesty to any Trouble or Charges and withall solemnly engaged to break off all his Alliance Ties and Friendship with the Marquis of Argyle who doth make himself so much the Head of that Rebellion against His Majesty or otherwise perswade him to acknowledg himself and become a good Subject and that betwixt and three Months thereafter at farthest the effect of all which undertaking had this result First that immediately upon his return to Scotland a Convention of tâ—e Estates was indicted without the King's knowledg or consent a Precedent whereof can never be shown in any Records which coming to His Majesties knowledg He did immediately direct a Letter under His own Hand willing that Hamilton and some other of his Complices who had His Majesties Trust for the time should declare the said Meeting Illegal and disapprove it in His Majesties Name About the time of the Receipt of which Letter the said Hamilton and some of his Cabal did employ the Earl of Calander from them to speak with a great many Noblemen of the Kings Party and take their Advices in what was to be done and they who understood nothing of His Majesties Letter it being altogether kept up from them declared all in one voice their Iudgments were that His Majesty should disclaim the Convention and declare it Illegal and that they would all be willing to joyn with Hamilton and his Party and take their Lives in their hands to maintain His Majesties Honour and Authority and free themselves from the Slavery of those rebellious Tyrants It was answered them again by the said Earl of Calander His Majesties Letter being still supprest That the King would needs approve of the Convention with Limitations To which it was replied That they behooved either to be very ignorant or unfaithful who had given His Majesty such Advice seeing those People would never confine themselves within Limits or take a part if it should be left them in their power to extend themselves and over-reach all and that they would on no terms assent to any such Course as being intended for nothing else but a hollow undermining of His Majesty and all His faithful Subjects So they parted with little satisfaction on either hand and some days thereafter the said Earl of Calander was again directed to the same Parties to perswade them still to the former Overture but to no effect yet in end lest the Service might seem to suffer by so much difference in Opinion they desired Calander to shew Hamilton and those of his Party that since he was only trusted and employed by His Majesty in the Business their Affection and Tenderness to the Service should make them very unwilling to differ with him in the way and however in their own Iudgments they did no way approve that the King should so far wrong His Authority as to allow of any such Illegal Proceedings which did portend from bad Causes worse Effects yet since His Majesty would do it and they needs have it so they should go along but with one Caveat which was That if the Convention did not observe these Limitations prescribed by His Majesty in that case that they should protest and withdraw presently from the House and that then all who were for His Majesties Service should immediately joyn themselves together and take the Field This being solemnly concluded and with much attestation it was resolved that all who did affect the Kings Service and had Vote in the Convention should be present there upon certain hopes that they should be able to ballance either by Voices all violent Courses or at least to protest against them and adhere to His Majesties Service and Authority in a vigorous way But all their great Promises and fair Assurances were either not intended or very soon forgotten for whilst it was the first Act of the Convention after His Majesties Letter was read to Voice themselves a Free Assembly as any had ever been kept in that Kingdom notwithstanding of the Restraints in His Majesties Letter and that in that case Protests and Declarations and every thing
else in His Majesties behalf were faithfully assured they came so short of that as when Hamilton's Voice was asked and all expected he should have made a Protest he pronounced so doubtful an Oracle as Argyle seeming to question of what spirit it came though no question it had been oft so concluded among them the more to possess others with panick fears desired he should explain himself if that he meant not thereby any Protest who answered that he never intended to protest against a National Convention and that it seemed his words were very much mistaken To second this his Brother Lanerick the King 's chief Secretary rose up and had a Discourse to qualifie Hamilton's expressions and free them from all such disloyal blemishes as a Protest in the Kings behalf so all who were to have declared themselves for His Majesty being surprized by so strange and unexpected a way withdrew and retired themselves from the Meeting in a general Discontent And yet their Affections being such to His Majesties Service as they were unwilling to leave it on these Terms however so badly handled would not let it rest there but would yet put him a little further to it making again the offer of all their best Endeavours for His Majesties Service desiring that since he was only the Person chiefly imployed by His Majesty and one who had most interessed himself in the King's Trusts that they might be directed by him in the matter of His Majesties Business how to carry themselves and whether or not it were more fitting for the Service that they should sit in the Convention or absent themselves or do whatsoever else He was so far notwithstanding of his Imployment and Trust from giving information encouragement or advice as all that he returned them for their Affection and Faithfulness to His Majesties Service was That they might use their own Discretions and do as themselves should think fit which did so evidently discover unto them his hollow-hearted Cunning the Ruin by consequence of His Majesties Affairs the slight and cold way they themselves were used and the ticklish condition he had so mired them into as they seemed constrained for the most part to keep the Convention and countenance all those Illegal and Rebellious ways were taken in it And it is likewise to be remembred that notwithstanding His Majesties Letter wherein He declared His express Pleasure anent the discharge of that Illegal Indiction that they did not only suppress the same and keep it up from the knowledg of the King 's faithful Party there but also did procure from His Majesty an allowance to that Illegal Meeting contrary to His Majesties Pleasure already expressed unto them and the wishes and desires of all the faithful Party in that Kingdom It is also to be called to mind that after all hopes and probabilities of the Kings Service in the Matter of the Convention were absolutely deserted and given over that Will. Murray who was commanded by the King to Agent His Affairs there then desired a Meeting of those of the Kings Party who had already kept these two Appointments with Calander before the Convention who notwithstanding His Majesties Service had been so grosly and palpably already miscarried and they themselves so notably abused in it being willing to study rather the Remedies than regrate the Disease and redeem the Time rather than complain of its loss once for all were content to hear what could be propounded for the recovery of Business which only proved that they would undertake and joyn to re-gain that After-game which a few had spoiled and all given over Notwithstanding whereof they gave it Will. Murray back in his Commission to Hamilton and his Complices that if they would really and even down put on a Resolution to appear vigorously and to purpose in the Service they in that case to shew they should not mingle themselves nor any of their particulars would be willing to follow were it Hamilton or any in what should prove to the advancement of the Service otherwise if they thought that too much that they would be willing to joyn hand in hand and put their Lives and Fortunes and all together at the stake with them and if that did not satisfie but that they esteemed it too rash a Business for men of so much cunning to engage in that they would but approve them to put it to a hazard and they would willingly take their adventure which should they carry they could be very willing that Hamilton and his Party â—hould have the esteem of it did they miscarry or succumb that he and his might take their own Course of Safety without being concerned in their Misfortunes This Commission being home and heartily delivered it was promised by Will. Murray that Hamilton and his Party should be presently put to it and an Answer returned for the more hasty dispatch whereof they sending along one of their own number to expede the Return Hamilton and his Complices being several times convened and pressed upon it did absolutely refuse to meddle in that kind which was all their Answer so that the other being willing notwithstanding of all these hollow-hearted Treacheries both before in the time and after the Convention either to follow joyn or hazard alone in His Majesties Service would they but approve it they refused all either to do alone joyn or suffer others to do it after all which there could be nothing resting but an invincible necessity to know His Majesties own Mind since they who had his sole and absolute Employ and Trust did so much abuse it to His Disservice By all which points circumstances and cunning fetches to bring this Convention to the wished period it may clearly appear to every undeluded eye that he is accessory to that bad Plot of raising this Army in Scotland to disturb the Kings Affairs in this Kingdom that so all being brought to a Chaos of Confusion he might the better fish his hopes and ends from amongst so troubled waters Answer To the seventh Article the Defendant says The Answer to the seventh Article he does not much wonder that his Enemies have filled this up with many Falshoods since they have the impudence in the former Articles to fasten many things on him which were known to His Majesty to be Falshoods but no wonder their Malice does culminate in aggravating the particulars of this Article they being recent and passed since His Majesty was in Scotland and since the Defendant had the Honour of waiting on His Majesty and giving him more particular Informations than Letters or Messengers could carry and the tragical event of Affairs seems to offer colours as is usual in such cases for charging those who had the chief Trust in them But the Defendant doubts not he shall be able to make appear the falshood of this Article in all these particular instances with which he is charged and First His Majesty knows best of any if he did thrust
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
hazards The Propositions were brought from the Two Houses about the middle of Iuly and a speedy answer was craved to them The Propositions are brought to the King But for an account of His Majesties Thoughts of them I cannot give it better than by setting down a written account of them in a Letter sent to the Earl of Lauderdale at His Majesties Command by Sir Robert Murray THe Duty which I conceive every good Subject owes His Majesties first Thoughts of them to use his utmost Endeavours how weak soever for the furtherance of the happy Peace of these afflicted Kingdoms hath made me take the boldness to talk with the King upon the Propositions to see how far he can be induced to yield to them And although to every particular I cannot promise you an exact account because there are divers things in them which neither He nor I understand yet to the main Points I shall and such as I hope may be a good ground-work for happy Conclusions First then for Religion I find His Majesty really Conscientious and not superstitiously Scrupulous wherefore until He be better satisfied the uttermost He can be brought to is that He will be content that Presbyterial Government be generally established within this Kingdom by Act of Parliament for three years provided that He and all those of His Opinion may freely enjoy their Consciences according to the practices in Queen Elizabeth 's and King James 's Times Now how to do this would be too long for a Letter but as there are Examples so I doubt not to shew you more than one way to do it so willing ears may be brought to such a Motion and I assure you His Majesty is most willing to hearken and seek after information to the end He may be satisfied how with a safe Conscience He may give you full satisfaction herein but this Proviso that His Majesty grants will probably be but temporary For the Militia I can neither see inclinations in His Majesty to relinquish nor can I find Arguments to perswade him to it nevertheless I perceive so great inclinations in Him to strain to the uttermost to give His Subjects all just Satisfaction especially in what concerns the securing of their Fears that He will be content for Ten years the Two Houses should dispose of the Militia by Act of Parliament in the hands of such and so many persons as they shall name as likewise to change them within the said time and appoint others in their Places as they shall think fit but after the expiration of the said Time to return to the Crown as Queen Elizabeth and King James enjoyed it Concerning Delinquents His Majesties Opinion is that a good Act of Oblivion is the best way to bind up a Peace after Intestine Troubles it having been the Wisdom of other Kingdoms most usually and with good success to grant general Pardons with very few or no Exceptions whereby the numerous Discontentments of all sorts of People which are the seeds and fuel to future Disorders might be totally extinguished and His Majesty further conceives that He cannot desert so many gallant Persons of Condition and Fortune who have engaged themselves with Him only out of a sense of Duty without a perpetual and irrecoverable Dishonour As for Offices though His Majesty judges that the Disposal of them is a necessary Flower of the Crown yet He is content for this time to accept of the Nomination of them from the Two Houses to be enjoyed by these persons quam diu se bene gesserint so that after Vacancies they return to be disposed of as before I unwillingly mention Ireland because His Majesties Publick Faith being engaged how dare I speak to Him to violate that which is and must be all our Security but even in this will I pawn my Life He will prove Himself a zealous Protector of Protestants and a constant Maintainer of Sovereign Power My Conclusion is that if upon these grounds a Conference may be had betwixt His Majesty and the Two Houses I will engage any thing that an Honest man can that these Kingdoms will be shortly happy in a firm Peace which if it should fail on our part for our not hearing of our Soveraign it would be an unparalelled Misfortune not without Infamy These were His Majesties private Thoughts but His publick Answer inclined more to a Denial which when it was brought to Westminster was entertained both with Joy and Sorrow The King does not yield to the Propositions according to the inclinations of the several Parties The Independents and those of the Army feared nothing so much as the Kings granting them for in that case they saw there could be no colour for keeping up an Army and in the House of Commons when Thanks were Voted to the Commissioners that had been with the King for their pains one Member whispered another in the ear that they owed more Thanks to the King than any body and in another corner an honest Member saying to another what shall become of us since the King refuseth these Propositions the other answered nay what had become of us if He had granted them The Independent Party upon this moved The Houses go on to high Resolutions but are stopped by the Scotish Commissioners that no more Addresses should be made and that His Majesties Person should be demanded and the Army commanded Northward to see it executed which had been infallibly done had not the Scotish Commissioners given them in some Papers complaining of many Violations of the Treaty and the Arrears due to the Army The King had also desired a Personal Treaty near London and the Scots seconded it but the obtaining it was impossible for all this time the Scotish Commissioners and the English whereof the greatest part were of the Independent Faction were in no good terms As for the Arrears of their Pay the Two Houses talked of offering five hundred thousand pounds Sterling whereof an hundred and fifty thousand should be paid presently that so they might be rid of their Army which they said was no more necessary in England and a Complaint being made against some who spoke and wrote in prejudice of the Scotish Nation an Ordinance was debated for punishing them The Independents Imployed all their Strength against it Cromwell spoke most vehemently that it was to discourage their Friends and to encourage their Enemies but Hollis took him up so sharply for calling base Libellers Friends that he was glad to recant When it went to the Vote it run near an equality for 102 were against it and 132 for it so quickly were the Services of their dear Brethren of Scotland forgotten At this time the King sent my Lords of Argyle The King employes Argyle at London for obtaining a Personal Treaty Lowdon and Dumfermline to London Their Instructions were to deal for a Personal Treaty near London to get some of the Kings faithfullest Servants to be suffered
presently but four hundred thousand were Voted to them and only one hundred thousand presently and upon this they stood long The Two Houses having on the 24th of September Voted that the Kings Person should be demanded from the Scotish Army their Commissioners at London gave in long Papers against that The Scotish Commissioners at London complain of the Kings ill Usage and the harsh Votes of the Two Houses which were Printed and so need not be here inserted In them they shewed That the King being Soveraign of both Kingdoms was not to be disposed by the Parliament of one Kingdom That this was destructive to the Relation and Interest the Scotish Nation had in Him and contrary to the nature of Soveraignty and to the Covenant and Treaties of both Kingdoms by which it was agreed That His Majesties just Power and Greatness should not be diminished which by such a Demand of His Person was very signally done It was also agreed that all things in order to Peace to which the Disposal of the Kings Person did relate in a signal manner should be done by the Ioynt Councils of both Kingdoms After this in the Month of October begun the Treaty betwixt the Scotish Commissioners and the Committee appointed for that end by the Two Houses of Parliament Many Conferences are betwixt the Two Houses and them which was managed in the Painted Chamber in the presence of all the Members of the Two Houses The Scotish Commissioners who were the Earls of Lowdon and Lauderdale and the Lord Wariston declared in all their Papers and Speeches that they were not to Treat about His Majesties Person nor the Disposing of it but only about the Removal of the Army the Delivery of those Garrisons that their Army had in England and the Payment of Arrears due for their Armies both in England and Ireland and they continued to press that whereas the Two Houses had in all their former Declarations laid the blame of the Breach betwixt the King and them on His Majesties Withdrawing from His Parliament that therefore they would invite His Majesty to come with Honour Freedom and Safety to some of His Houses in or about London in which they still insisted to the last And so far were they from Treating about the Disposing of His Majesties Person that in the end of their Treaty when they had finally agreed on all things it was expresly declared in the first Article of the Treaty that pass'd under the Great Seal that nothing relating to the Kings Person was concluded on by it so that after that was ended the Scotish Parliament might have still preserved the King and brought him with their Army to Scotland But the Houses turned the Propositions to Bills The Houses press a speedy Answer to their Propositions and passed a Vote that new Commissionerâ— should be sent to the King with the concurrence of those of Scotland to press a satisfactory Answer with this Sanction that if it were not granted they should be forced to look to the Security of His Person And the English Army fell upon a most destructive Resolution of adjourning the Parliament neither were they over-awed by any thing so much as the fear of the Scotish Army The great point now debated in the Councils of Scotland was whether a final Settlement with the King should be the Condition of the Armies Retiring or not The Duke with all his Friends pressed this vigorously as that which was agreed on by their Covenant and Treaties But the Church-men still influenced all Counsels and finding the King irreconcileable to their Way were still full of their Jealousies of Him and it was said down-right that they ought not to meddle betwixt the King and the Parliament of England but leave Him and them to their own Counsels so strangely did their Language vary from what it was Anno 1643. At this time the King sent Mr. Murray of the Bed-Chamber to London Mr. Murray is sent by the King to London who carried another Message but it was so displeasing that it served only to put his Neck to a new hazard for the Kings Service and he durst scarce stir out of doors all the while he was there In the beginning of November a new Session of the Triennial Parliament of Scotland did hold The Parliament of Scotland meets but little was done for some Weeks save that there came to them a Remonstrance from the Assembly wherein in the first place Complaints were made of the Committee of Estates for their Agreement with Montrose and his Followers which was represented as a great Crime especially they being excommunicated Next they complained of His Majesties constant adherence to Prelacy and of the danger Religion was in by the Malignants for so was the Kings Party then called who were beginning to set up their Heads again wherefore they recommended to their Care both the Preservation of Religion and of the Treaties with England Upon this the Transaction of the Committee of Estates in the Agreement with Montrose was examined and it was put to the Vote Approve or Exoner them only the former was carried by twenty Votes but all the Pulpits thundered against it wherefore to stop the mouths of the Ministries it was enacted That in any Treaty that should be thereafter with those who were in Arms the Commission of the Kirk should be consulted about the Lawfulness of the Conditions For at this time both the Marquis of Huntley was in Arms in the North and Antrim was also come over to Kintyre in Iuly the former year and continued still there His Majesty sent Mr. Robert Lesley with Orders to my Lord Huntley for laying down of Arms with whom he wrote the following Letters to the two Brothers Hamilton A Trusty Messenger requires but a short Letter and brevity is the more convenient for Me who have much to do and but few helpers wherefore I shall say no more but hear and trust Robin Lesly for he is come from Your most assured real faithful constant Friend CHARLES R. Newcastle Nov. 12th 1646. Lanerick HEaring that Marquis Huntley expects My Commands for his laying down of Arms I have thought fit to send this Trusty Bearer Robin Lesly to him but thought it necessary to address him first to you that you in My Name might acquaint the Parliament with this My Intention which if they approve of he may go on accordingly if not there is no hurt done Yet howsoever I have expressed My Desire for the Peace of the Country but in case they shall permit Robin to obey My Commands then I expect that they give him Power to assure Huntley of the same Conditions that he might have had before All which I command you to represent to My Parliament in My Name leaving the particular expressions to you having only set down the sense Other things I have intrusted little Nobs to tell you too long for a Letter but of no small Consequence by which at
that particular Freedoms should be esteemed Publick Obligations yet if they think they have so great a catch of it so that Scotland will declare for Me I will stand to the least tittle of these Instructions nothing being omitted according to their plain Grammatical sense As for the Officers of State certainly My Advocate will clear that Mistaking for all the Alteration concerning them is only for the better Conformity of that Paper which he brought from London And for the Great Seal upon the perusal of all My Papers I have not wit enough to find from whence the ground of going less can be taken but for Religion I know not what to say except endeavouring to be civil be termed a going less if so that fault shall be soon helped And indeed I cannot but think it strange that rather than to comply any thing with My Conscience you will I speak not personally to you but to the Kingdom in general submit to the Wills of those who at least can never prove your Friends and that to the visible Prejudice I may say more both of you and Me though I express My endeavouring to content you by shewing you more than a probable way for attaining your Pretensions which you make altogether desperate by rejecting My Offer And truly I am confident not to be single to think your Exceptions strange for first civil Ingenuity uses not to be misliked then I rather expected Thanks for giving of some time to Presbyterial Government than to have the Limitation of it objected against Me especially since that without Me it cannot be established And is it unfit for Me to have what is granted to all Publick Ministers by the Law of Nations Yes I cry you mercy for Kings use to dispense not to be dispensed with And why will ye not have Twenty Divines of My Nomination to speak amongst your grave Assembly Is it that you misdoubt your Cause or that you will not have it disputed neither of these Reasons can I submit to a third I cannot find Lastly as for your Covenant when and not before I shall be satisfied in My Conscience that I may allow it I will but I see no way for that satisfaction unless by such a Conference as I have proposed Now for sad Consequences I know no Antidote so good as a clear Conscience which by the Grace of God I will preserve whatsoever else happen to Your most assured real constant Friend CHARLES R. Newcastle 14th December 1646. POSTSCRIPT I have so much work now that if you had ten Brethren what I have written is enough for them all A few days after this His Majesty sent His last Message to the Two Houses to be presented to the Scotish Parliament with which he wrote the following Letters to the two Brothers Hamilton I Thank you for the timeous advertisement you and your Brother have sent Me by this Bearer whom I have returned to you with some Queries which I desired a Friend of yours to write more at large to you than I have now time for to which and to this Bearer referring you I rest Your most assured real faithful constant Friend CHARLES R. Newcastle December 19th 1646. Lanerick SInce I saw by what Sir James Hamilton brought Me from you what Reception My intended Message to London was likely nay sure to have and since My Conscience will not permit Me a further Length I know not what I may do upon a full and free Debate at London I have sent another the Copy whereof is here inclosed which I expresly send you to acquaint the Scotish Parliament with what I have done and to desire their Assistance in it in which knowing that your Fidelity needs no spurs nor your Ability information what to say I will say no more but that I am Your most assured real constant Friend CHARLES R. Newcastle 19th Decemb. 1646. But as for the inclosed Message it being Printed among His Majesties Messages it is needless to insert it here And now came on the fatal Turn of matters in Scotland which shall be set down from a Letter of my Lord Lanerick's that follows but to whom the Writer knows not the Direction being lost SInce my last our Debates have been of so great Importance that I cannot conceal them Yesterday we spent two Hours in the grand Commitee the whole Parliament being present and indeed to good purpose for it was resolved that present Instructions should be sent to our Commissioners to press His Majesties coming to London with Honour Safety and Freedom and that we should declare our Resolutions to maintain Monarchical Government in His Majesties Person and Posterity and His Iust Title to the Crown of England But I confess this Day is the saddest I ever saw for after Resolutions were taken of sending to His Majesty it is carried that nothing but a Grant to the whole Propositions must be demanded and in case of a Refusal the former Certifications given to His Majesty put in execution of Securing the Kingdom and Settling a Government without Him and lest His Majesty should have hopes of engaging this Kingdom on easier terms or thinking to come to Scotland where though He should lose England He might exercise the Office of a King it is to be Declared that this Kingdom cannot lawfully engage themselves for His Majesties Preservation albeit He should be even Deposed in England He not taking the Covenant satisfying in Religion and giving a satisfactory Answer to the rest of the whole Propositions presented to Him in name of both Kingdoms Besides it is to be Declared that His Majesty will not be admitted to come to Scotland where though He were His Regal Function would be susâ—ended and even His Royal Pâ—rson at least be put under Restraint if not delivered up to the Parliament While we were on these Debates the inclosed Warning was presented to the Parliament by the Commission of the Kirk which though you may think possibly high yet really it is very moderate in regard of these Motions have been in Publick for now all Private Meeting is quit by us in relation to His Majesties Person which certainly will not only not be admitted to come into Scotland but a joynt Course will be taken by both Kingdoms for keeping him in Restraint in England And you may be confident that will certainly be carried in despight of those that will oppose it And to prepare us the better before we come to a Resolution we are to morrow to have a kind of Fast and hear two Sermons in the Morning according to our Custom at St. Andrews before the Executions and the rest of the Day is to be imployed in taking a Final Resolution which without all peradventure will be to send Commissioners to His Majesty to demand the whole Propositions for Religion will not satisfie and to settle both Kingdoms without His Majesties Regal Authority and imprison His Person in England for He will not be admitted to come to
the full as it is demanded neither will it be in the power of any in this Kingdom to prevent Affronts and Danger to Your Majesties Person if You should have any thoughts of coming hither Sir I take God to witness I write this with a sadder heart than I would receive a sentence of Death against my self and shall grieve more at the performance of that than I should at the execution of this upon Your Majesties most humble most faithful most obedient Subject and Servant LANERICK Edinburgh December 22th 1646. His Majesties last Message was presented to the Scotish Parliament His Majesties Message rejected in Scotland on the 23th of December by the Earl of Lanerick and backed by him with the warmest language that he could use but nothing that was new being offered by it a Compliance with it was not to be expected It was also sent to London and at London and first presented to the House of Peers whereat all even those who were best-affected hung their Heads and sent it down to the House of Commons without a word and there it met with the same Entertainment The next Debate was about the Kings Person and the mildest opinion was that He should be kept Prisoner some being for the excluding Him for ever from the Government And for the place of His Restraint some were for His stay at Newcastle but it was carried that He should go to Holmby And this passed without communicating it to the Scotish Commissioners But when He was ordained to be kept in Safety for His Person Henry Martin objected that the King had broken the Peace and why must the Parliament bind for His Safety Some moved to preserve His Person according to the Covenant and it was carried which was thought a great point For now it was esteemed that the Covenant was that which must preserve the King though His Ruine had been formerly imputed to it In the end of the year the Scotish Commissioners parted from London and it being moved in the House of Commons to send some with a Complement to them before they went with the Thanks of the House for their Civilities and good Offices those of the Independent Cabal argued much against that of good Offices done by them and reckoned many bad ones since the King went to Newcastle and it being put to the Vote it was carried by 24 Votes to dash out good Offices and only thank them for their Civilities And so all those Noble Characters they were wont to give of the Scotish Commissioners upon every occasion concluded now in this that they were well-bred Gentlemen Thus ended this present year but none saw an end of miseries like to come An. 1647. Anno 1647. IN the beginning of the next Year Commissioners were sent from the Parliament of Scotland Commissioners are sent to the King from Scotland to represent their late Resolutions to His Majesty On the 12th of Ianuary they presented their first Paper wherein they laid out all they could devise for the pressing a satisfactory Answer to the Propositions expressing with what earnestness all Men were waiting for it and that it would be received with more Ioy than had been ever seen at any Coronation in England But after they had delivered this Message and the 14th day was come wherein the King promised His Answer He told them He must be resolved of two things before He could give His Answer The first was if He was a Free-man or a Prisoner adding That if He were a Prisoner it was the opinion of many Divines that Promises made by a Prisoner did not oblige though He did not assert that to be His own sense the next was whether He might go to Scotland with Honour Freedom and Safety or not They declined long to give an Answer and in that Debate three hours were spent at length being put to it they delivered all their severe Message in the following Paper May it please Your Majesty And deliver the Votes of the Parliament WE are commanded by the Parliament of Scotland to represent to Your Majesty the many Inconveniencies will ensue upon Your Majesties Denial or Delay of Granting the Propositions concerning Religion and the Covenant and not giving a satisfactory Answer to the remanent Propositions and particularly to represent the Prejudice will thereby arise to the true Reformed Protestant Religion abroad and to the Reformation of Religion in these Kingdoms the Danger of Your Majesties Person and to Your Own and Posterities Government If Your Majesty not granting the Propositions concerning Religion and the Covenant and not giving satisfactory Answers to the other Propositions shall relinquish England we are commanded by the Parliament of Scotland to represent to Your Majesty That in that case they find it unlawful for them to assist Your Majesty for Recovery of the Government Your Majesty not granting the Covenant and Propositions as aforesaid We are commanded by the Parliament of Scotland to represent to Your Majesty That they find Your Majesties Coming to Scotland not granting the Propositions concerning Religion and the Covenant and not giving a satisfactory Answer to the remanent Propositions dangerous to the Cause to Your Majesty to Your Native Kingdom and to the Vnion betwixt Scotland and England and that the Kingdom of Scotland will be necessitated to take Course to prevent Your Coming Both Kingdoms will take Course for disposal of Your Majesties Person until such time as Your Majesty grants the Propositions or otherwise agree with Your Majesties Parliaments We are commanded to make known to Your Majesty that until Your Majesty grant the Propositions in manner fore-said or that some Course be resolved by both Kingdoms concerning the disposal of Your Majesties Person Your Majesty cannot be admitted to come or remain in Scotland with Freedom And in case Your Majesty do come we are commanded to represent to Your Majesty That the Kingdom of Scotland will be necessitated to put such Attendants and Guards about Your Majesties Person as may preserve You in Safety and Your Kingdoms in Peace and may prevent all Tumults Insurrections and Gatherings of Malignants We are further warranted to represent to Your Majesty That if You do not grant the Propositions concerning Religion and the Covenant and give a satisfactory Answer about the remanent Propositions the Kingdom of Scotland will be necessitated to continue the Government without Your Majesty as hath been done these years by-past Newcastle 14th January 1647. But the Answer they got shewed The King stands firmly to His Conscience that the King could not be threatned to the Doing of any thing He judged contrary to His Honour or Conscience His Majesties Answer being returned back to Edinburgh on the 16th of Ianuary which was Saturday it was debated in Parliament what should be done with His Majesties Person It is resolved to deliver up the King which the Duke and â—anerick much oppose All inclined to deliver Him up immediately to
the English Parliament at which Proposition the Duke and his Brother expressed their horrour with language so full both of Reason and Affection that nothing but violent and enraged Passion could have resisted it They said Would Scotland now quit a Possession of 1500 Years Date which was their Interest in their Soveraign and do it to those whose Enmity both against Him and them did now visibly appear Was this the effect of all their Protestations of Duty and Affection to His Majesty Was this their keeping of their Covâ—nant wherein they had sworn to defend the Kings Majesties Person and Authority Was this a suitable return to the Kings Goodness both in his consenting to all the Desires of that Kingdom An. 1641. and in His late trusting His Person to them what Censures would be past upon this through the whole World what a stain would it be to the whole Reformed Religion and in fine what Danger might be apprehended both to the Kings Person and to Scotland from the Party that was now prevalent in England But notwithstanding all this the Question was put in these words Whether they should leave His Majesty in England to the Two Houses there or not so softly did the prevailing Party present that infamous Business to the Vote of the Parliament The Dukes Vote was suitable to his Discourse and Temper being a Negative uttered with much grave and deep Sorrow but I shall set down Lanerick's in the formal terms wherein he expressed it As God shall have mercy upon my Soul at the Great Day I would chuse rather to have my Head struck off at the Market-cross of Edinburgh than give my consent to this Vote The Earl of Lindsay now Earl Crawford was President and so could not debate but as in the stating the Vote he expressed much honest Zeal so when it was carried in the Affirmative he dissented from it and to him those who had voted in the Negative did adhere But some of their Friends were accidentally absent others on design and some downright deserted them so that though there were divers who dissented yet they were far short of being able to ballance the Vote When all this was done Lanerick with a deep Groan said this was the blackest Saturday that ever Scotland saw alluding to a great Eclipse that was many years before on a Saturday from which it was still called the Black Saturday This being sent to the Commissioners at Newcastle did not at all shake His Majesty he being resolved not to yield to that no not at Holmby which He had refused at Newcastle The King is delivered and sent Prisoner to Holmby In the end of the Month the English Commissioners and Forces came down and the Arrears for the payment of the Army being delivered the Scotish Army withdrew and left the King in the hands of the English who presently sent him to Holmby And this is a free and faithful Relation of that great Transaction only in invidious Passages I have spared the Memories and Families of the unhappy Actors which is variously censured It was presently the matter of Discourse and Censure of Christendom and brought an Infamy on those who acted it which though an Indempnity could pardon yet no Oblivion was able to deface It was thought strange since the King had trusted himself to Scotland that they should have thus deserted Him What grounds Montrevil had for giving the King those Assurances did not appear and certain it is they were very slight ones and were only from single Persons but not from any Iunto or Judicatory But generous minds thought the Kings frank casting Himself into their hands was an Obligation beyond any Engagements they could have given And it was thought strange madness in those of Scotland to do it at that time since they saw the Independents prevailing whose Designs against the Kings Person and Monarchy had been faithfully discovered to them by some of their Commissioners at London and who were as little Friends to the Covenant and Presbytery as the King himself was so that considering their Power such a Strengthening of them brought Religion under a hazard of another nature than could have been apprehended upon their Accepting of the Kings Concessions But the Contradiction that this course had to the Covenant was so plain that none could avoid observing it for to make their King a Prisoner was an odd Comment upon their Defending of His Person and Authority and to do all that because he would not force his Conscience was judged a strange Practice from those who had so lately complained heavily against any appearance of Force upon Tender Consciences These were the Censures that generally passed on that Transaction the Kings stifness was also very much condemned and most men not understanding the strictness of a Tender Conscience thought it was Humour that swayed Him and judged that in the posture Affairs were then in He should have yielded to any thing how unreasonable soever rather than have so exposed Himself His Posterity and His Kingdoms to such visible hazards reckoning that no Form of Government that ever was deserved to be so firmly adhered to All persons looked for dismal effects from these Resolutions few thinking the Friendship betwixt Scotland and England would be lasting and all apprehended some strange Curse would overtake those who were active in this infamous Business Amidst these greater Reflections there were some who suspected the Duke had not acted in that Affair with that Candour and Zeal He expressed and this was chiefly founded on the base Votes of some of his Friends chiefly of one who had served him but was then a Lord. But as the tract of this Account hath cleared the whole Progress of his Negotiation so the visible affliction of his Mind which drew after it a great indisposition in his Body did abundantly refute these Calumnies And indeed that great Mind which did not succumb under the hardest Trials when it imployed its utmost strength was now reduced to the most pinching Straits and almost to desperate Resentments so that he repented his Stay in Scotland since he foresaw nothing but imminent Ruine to King and Country yet His Majesties opinion of his Zeal and Affection to His Service was at this time proof against all Whispers which appears by the following Letter Hamilton I Know it were needless to recommend this Bearer Will. Murray to you but that his Persecution at this instant for My sake is such that in a manner it even extorts these lines from Me to tell you that your hearty and real dealing to procure his waiting upon Me is a good occasion which I am confident you will not let slip to shew your constant zealous Affection to Your most assured real constant Friend CHARLES R. Newcastle 29th January 1647. Now it was that genuine Melancholy and Horrour dwelt in all the Dukes thoughts The Duke contrives how to turn Scotland to the Kings Service his Brother was too deeply prepossessed
with the like apprehensions to minister much Comfort to him only he pressed him not to give way to languishing Sorrow but to see what could be done for setting things right again and for infusing that sense of Shame and Horrour in all People for the late Action which might prepare them to a Noble Reparation of it by a generous Engaging in the Kings Quarrel And upon this much pains was taken to infuse Jealousies of the Independents in the minds of the Kirk-men though there were other violent persons as careful to refute them Most of this Year was spent in possessing all mens Minds with these Apprehensions so preparing them for what they designed to execute upon the first Opportunity The Duke and the Earls of Lauderdale and Lanerick were they who united most closely and cordially for the contriving and prosecuting of that Design The King was Prisoner at Holmby without any other Liberty save that of taking the air sometimes all his Servants were denied access to him and so cruel was the zeal of his Enemies that it reached to his Soul for they refused liberty for his Chaplains to wait on him a favour not denied to the worst of Malefactors but God was his Refuge who supported him in all his Sufferings and Solitudes The Two Houses wrote to the Committee of Estates in Scotland that they should take such a joynt Course with them as might tend most to bring things to a happy Peace But now the Jealousies betwixt the Parliament and the Army begun to grow visible and above board for the Presbyterian Party in the Parliament saw their Error too late Disorders rise in England most of them seemed to have intended the Kings Good only they were mistaken in Judging that the Parliament in which they were most numerous would never be disobeyed by the Army but being disappointed in this they ruined all their confidence in their Power in Parliament having been the cause why they let the Scotish Army go home for till they were gone the Independents crouched under them and trepanned them into Severities against the King and the Dismissing of the Scots who were no sooner gone but the Army acted what had been before projected but most industriously concealed from the Presbyterians Lauderdale is sent to England In April the Earl of Lauderdale was sent from Scotland to London to insist on the motion for a Settlement with the King and chiefly to hinder the adding of any new Propositions and he was also Instructed to deal for a permission to the Duke and the Earl of Dumfernline to go and serve the King in his Bedchamber But the Earl of Lauderdale found matters in great confusion at Westminster for the chief thing thought on was the Disbanding of the Army which was an unnecessary Burden to the Kingdom many grounds of Fear appearing that their Designs were to keep themselves up and govern the Nation by a Military and Arbitrary Power therefore such as were best-affected judged it necessary once to disband them before they engaged in a new Treaty with the King But for that private Proposition concerning the Duke and Dumfernline the Earl of Lauderdale seeing it would not take because there was not a Family yet settled about the King nor could it be expected that any from Scotland would be the first they would set about His Majesties Person did not present it and indeed the Duke's late Behaviour in opposing the Delivery of the King had forfeited his Credit with those of England then in Power But it is not my meaning to go on with a regular History of the irregular Transactions that past in England this Year I shall only say so much of them as will make appear what reason the Scots had for their Proceedings and to clear what may have relation to the Dukes Concerns In the middle of May the King sent a new Message to the Parliament of England in order to a Treaty but his Offers were the same upon the matter they had been at Newcastle and so not like to take and the Two Houses were then busied about Disbanding the Army They therefore ordered the Army to be disbanded and some of the Forces they kept up to be sent over to Ireland and all Satisfaction being offered The Army refuses obedience to the Parliament the time of their Disbanding was named But the Ring-leaders of the Army disposed them to mutiny against the Parliament upon pretence of want of Satisfaction in matter of Money and Reparation in point of Honour so the Army drew to a Body and erected a Court who were called the Agitators Mean-while Cromwel puts his Party in the House of Commons on the Recalling oâ— their Declarations against the Army and goes to the Army though his Commission was expired More Money was offered to the Army but nothing was accepted only divers of the Presbyterian Officers submitted and subscribed for Ireland whereupon they were by the prevailing part of the Army disbanded and takes the King from Holmby And the Army to make a sure game for their Party sent one Ioice a Taylor by Trade but now a Cornet by his Employment to Holmby who came at twelve a clock at night and forced the King to go with him against his will Upon which the Earl of Lauderdale emitted a Declaration in Name of the Scotish Nation against that Force put on the Kings Person contrary to all their Treaties and Declarations and demanded that His Majesties Person might be presently set at Liberty and brought with Honour Freedom and Safety to some of His Houses in or about London and after that he went to Newmarket to wait on the King who was there with the Army But the Army begun to abuse His Majesty into some Confidence in them And use Hiâ— civilly and used Him at another rate than had been done at Holmby They gave free access to all His Servants to come to Him they allowed His Chaplains to attend about Him and serve in their Office according to the Liturgy and permitted Him free Correspondence with the Queen and every body else and in their Discourses intimated their willingness to lay aside the Covenant and allow the Toleration of Episcopacy and the Liturgy all which though smoothly said was meant to cajole Him to his Ruine Assoon as His Majesty was at Liberty He wrote the following Letter to my Lord Lanerick Lanerick THe present condition of My Affairs is such He writes to Lanerick that I believe you and your Brother may do Me better Service at London than where you are therefore I desire that both or at least one of you would come up assoon as you could the rest I leave till meeting and so farewel Your most assured real constant Friend CHARLES R. Newmarket 22th Iune 1647. To this my Lord Lanerick wrote this Answer Sir YOur Majesties Letter of the 22th of June had been immediately obeyed Lanerick's Answer if our Stay here for some time had not
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
of a long Preamble and Eight Articles THe first was That before they went on to a War and find great opposition from the Ministers the Grounds and Causes of it might be well cleared Secondly that the alledged Breaches of the Covenant and Treaties might be condescended upon and Reparation of them first sought Thirdly that there might be no such Grounds of War as might break the Vnion of the two Kingdoms and disoblige the Presbyterians of England Fourthly that none of the disaffected or Malignant Party might be admitted to Trust but on the contrary that they should be opposed and suppressed Fifthly that the Kings late Concessions might be declared unsatisfactory Sixthly that they should engage not to restore His Majesty to the exercise of His Royal Power till He should by Oath bind Himself and His Successors to consent to Acts of Parliament for confirming the League and Covenant and settling Presbytery the Directory and the Confession of Faith Seventhly that none might be trusted but such as were of known Integrity and good affection to the Cause Eighthly that the Church might have the same Interest in carrying on this Engagement which they had in the Solemn League and Covenant These Demands run in so high a strain that those of the Church-Party judged either they would be rejected and so the Church would pretend somewhat for their breaking with the Parliament or if they were yielded to it would so alienate the Hearts of the King and all His Friends in England from them that they would hate them as much as they did the English Parliament or Army The Committee of Parliament found the Strait they were in and saw what an unhappy practice it had been to give the Church-men so great an interest in Civil Affairs Some were for brisker Courses and for clapping up in Prison all the more turbulent Ministers but the Duke apprehended great trouble from that fearing it should raise stirs among the people which might retard the design of the Kings Delivery upon which all his thoughts were bent The hazard of intercepting Letters made the Intercourse by them so slow that the Lords that corresponded with His Majesty had no Return from him before the beginning of April and then they got that which follows I Was as glad to see the constancy of your Resolutions as I was sorry to understand the great Opposition you find in Your Vndertakings The King writes to his Servants in Scotland But as for any Enlargement concerning Church-affairs I desire you not to expect it from Me for such expectations have been a great cause of this My present Condition which I assure you I am still resolved rather to suffer than to wrong My Conscience or Honour which I must do if I enlarge My Self any thing in those points But I take very well the freedom of your Advice because I see it flows from your Affection being also confident that you will cheerfully and resolutely go on according to your Engagements to Me who am Your most assured real constant Friend CHARLES R. 17th March 1648. And to this the Earls of Lauderdale and Lanerick wrote the following Answers SIR WE have received Your Majesties of the 17th of March Nothing but the cruel slowness of Proceedings here would have made us so long silent and that was occasioned by the great Opposition we have met with from the Ministers and the rigid Persons who strongly pretend Your Majesties not satisfying in matters of Religion and upon these grounds have gained upon many and obstructed any Engagement Yet we and those we have interest in are so sensible of our Duties our Honour and of Your Majesties sad Condition which goes nearer our Hearts than any earthly thing that although an Engagement upon the terms we parted on be impossible yet we shall either procure Scotland's Vndertaking for Your Majesties Person or perish let the hazard or opposition be what it can We can boldly say we have the Major Vote of the Parliament clear and if we were blest with Your Majesties Presence the work were done We dare not presume in this troublesom way to express the particulars of our Difficulties or Resolution but hope shortly to give a more satisfactory account having vowed to live and die Your Majesties most humble most faithful and most loyal Subjects and Servants LAVDERDALE LANERICK 22th March 1648. Lanerick also wrote what follows taken from an imperfect Copy under his hand SIR I Have been long silent and possibly should have been so a little longer had I not received Your Majesties of the 17th of the last Moneth but lest I be involved in other mens Guilt I must first speak and then perish or do my Duty Sir at our first returning to Scotland we met with a general Dissatisfaction with what you offered concerning Religion from the Ministers and their Party though all I have Interest in would have cheerfully hazarded their Lives for Your Majesties Preservation upon these or easier terms but after long Debate upon the Consequences of engaging in so great a Work not only without Vnanimity but with the Opposition of the Church and most of those who have been of greatest Eminence and Power during these late Troubles this moved us to a willingness for a very extraordinary Compliance with their Desires providing we might be assured of an Engagemennt But now when we have gone a greater length than even our Loyalty can allow us we find that nothing is intended by them but either a Conjunction with those that seek your Ruine or at least a dull and stupid Suffering and enduring of those destructive Resolutions to Religion and Government which are now designed by the Enemies of God and Your Majesty After this there was a new Committee of 24 chosen by the Parliament for a Conference with the 12 Commissioners of the Kirk who had many Meetings with them and gave them satisfaction to all their Demands so that all back-doors were shut and they were ashamed that they had asked no more wherefore being driven from all their Pretences they fled to the last starting-hole of Jealousie and said that their Designs were contrary to their Professions This was a tedious Affair and cost many Conferences In end great Offers were made to satisfie the Church-party but nothing did prevail whereupon the Committee drew up a large Declaration of all the Violations of the Covenant and Treaties made by the Two Houses together with an account of their own Intentions suitable to the Propositions made by the Ministers only they stood much upon the sixth Article that seemed most contrary to their Duty to their Sovereign and it took them up many days at length they yielded even to that but for this the Reader is referred to the Declaration printed with the Acts of that Parliament On the 25th of April the great Business was carried The Parliament vote an Engagement for the King of putting the Kingdom into a posture of Defenâ—e but the account of the
of the Scotish Affairs better than the Rabble did so they did more apprehend the Danger of it And first great pains were taken to reconcile the Presbyterian and Independent Parties at least to unite them against the Scots wherefore they Voted that the Government should be by King Lords and Commons yet the Independents opposed this so that it was carried but by 45 Voices They also appointed that the Propositions offered at Newcastle should be the Grounds of settling the Kingdom and they Voted that it should be lawful notwithstanding the Vote of Non-Addresses to make new Applications to His Majesty Their Design in this was visible for they hoped the Scots could not pass from these Propositions and they were assured the King would never consent to them particularly to that of Religion which was so dear to Scotland But Cromwel was not at all pleased with these Votes and as little with the City and if the Stirs over England had not given him other Employment he would have made a Journey to London with his Army for the Purging the House a-new They in Scotland were much straitned with want of Ammunition and Mony therefore they sent Sir William Bellandin to Holland to see what could be had from the Prince of Orange they likewise wise sent Sir William Fleeming to Paris to the Queen and Prince with the following Letters May it please Your Majesty ALL verbal Assurances would justly appear too low and mean testimonies of our Fidelity Letters to the Queen and Prince from the Duke and his Friends since Actions are now the only touch-stones of Loyalty which we hope e're long shall be better than what we can in this Common way speak of our real Affections to His Majesties Service We have presumed from the Encouragements we have received from Your Majesty to hope the Prince his Highness will countenance our Endeavours for his Father's Rescue with his presence amongst us which would certainly give an extraordinary vigour and life to all our Motions For that end we have instructed this worthy Bearer with our humble desires therein to Your Majesty and to his Highness and with such other Particulars as are necessary for enabling us to carry on the Work to whom we beg Your Majesty would be pleased to give Trust and further to believe that nothing was ever more absolutely fixed than are our Resolutions either to perish or eminently to shew our selves Your Majesties most humble most faithful and most obedient Subjects and Servants Hamilton Lauderdale Crawford Lanerick Roxburgh Calender May 1st 1648. May it please Your Highness THe deep sense we have of His Majesties sad Condition invites us to these Actions of Duty and Loyalty to which we are by so many Relations and Tyes bound and obliged and having divers Encouragements from His Majesty and from the Queen to hope for your Highness's Presence amongst us in countenancing our faithful Endeavours for His Majesties Rescue we have presumed humbly to address our selves to your Highness that from your Self we might know your own Inclinations that accordingly such publick Assurances and Invitations may come from hence as your Highness shall think fit to require being confident that before we can receive your Highness's Directions herein we shall be in some condition to evidence our Loyalties otherwise than by Words So until we give a more real testimony thereof we shall only beg to be esteemed of by your Highness as Persons that have vowed themselves to this Service and who are faithfully Your Highness's most humble most faithful and most obedient Servants Hamilton Lauderdale Crawford Lanerick Roxburgh Calender May 1st 1648. Next they modelled the Army which will better appear by the following Letters written to the King SIR YOu now find the effects of what my last of the 28th of April promised we are now engaged and Sir Marmaduke Langdale's successful Attempt upon Berwick and Carlisle will be resolutely seconded by Your Servants here Letters to His Majesty To morrow Sir William Fleeming and Mr. Murray part for France the last acknowledges the baseness of his new Friend Argyle We hope the Prince will now countenance with his Presence our Endeavours for Your Majesties Rescue since the Duke of York is escaped for he will give an extraordinary life and vigour to all our Motions The Kirk hath this day declared against our Declaration and Engagement but all it hath procured is a Vote of thirty thousand Foot and near six thousand Horse which is this day remitted to the Consideration of the several Bodies and I hope will pass the House to morrow 2d May. 1648. SInce my last we are far advanced in our Designs of serving Your Majesty our new Army is modelled which I hope will be more considerable than any Army that ever went out of Scotland the Old General hath laid down his Charge and the Duke of Hamilton is to Command in chief who joys to meet with so happy an occasion to vindicate his Loyalty He will be found active in his Trust and seconded by the most gallant and eminent persons of the Kingdom his Election was carried very unanimously in Parliament Argyle and only six with him dissenting Calender with the same Vnanimity and the same Opposition is chosen Lieutenant-General and David Lesley Lieutenant-General of the Horse but he hath not as yet accepted of his Charge Middleton is appointed Major-General of the Horse who is most eminent for his Loyalty and forward in this Service Our Armie will be on foot about the end of the Moneth and that the Raising of men may the more actively be gone about we have adjourned the Parliament till the first of June We have sent Commissioners with Instructions and Money to invite our Army in Ireland to come and joyn with us in this Service Our Opposition from Argyle and the Ministers is still as great as they can make we are undone for want of Arms and a little Money if we be not supplied from France or Holland this glorious and most hopeful Vndertaking that ever this Nation had may be in hazard to miscarry Sir William Fleeming and Mr. Murray went ten days ago for France and this day we have dispatched Sir William Bellandin to Holland We are much dejected because we have not heard from Your Majesty since the 17th of March which makes us fear You involve us in the Guilt of the by-past deadness and slowness of their Motions here but we take God to witness we are as free thereof as we shall be faithful to the Vows we have made of perishing or of serving Your Majesty in such a loyal and dutiful way as hath been professed by Your Majesties c. 17th May. The Differences that were among the Lords were adjusted The Levies are much retarded by the Ministers and most of the Officers were also well named yet the Levies went on dully though many of the Lords were so cordial that they who had allowance from the Publick but for 80 Horse
raised Regiments of five or six Troops on their own expences And though it is not to be imagined that the publick Expence of so great a Design was not likewise great yet there was a sad want of Money which the Duke and his Brother did all they could to supply as far as their Credit could go and raised above two and twenty thousand pounds sterling for prosecuting of the Engagement and were on all publick occasions so liberal of their own Money as if some Bank had been put into their hands The Curses the Ministers thundred against all who joyned in this Engagement made the Souldiers very heartless being threatned with no less than Damnation This obliged the Lords to use Force in some places for carrying on their Levies and indeed the Ministers counter-acting the State was such that it is hard to judge whether their Boldness or the Parliaments Patience was most to be wondred at The Lords resolved to chastise them to purpose in due time but judged the present time improper for it and to carry on the Levies the better the Parliament adjourned for three weeks So the Lords went to the several places of their Interests leaving a Committee behind them at Edinburgh but before their Adjournment they wrote the following Letter to the Presbyteries The Parliaments Letter to the Presbyteries THe many Scandals that are tâ—rown on our Actions by the favourers of Sectaries and haters of the Person of our King and Monarchical Government invite us to this extraordinary Address to you conjuring you as you will answer the Great God whose Servants you are not to suffer your selves to be possest with unjust and undeserved Prejudices against us and our Proceedings who have since our late Meeting in Parliament preferred no earthly thing to Religion and the promoving all the ends of our Covenant and have constantly used all real Endeavours to have carried on these Duties to the satisfaction of the most tender Consciences and especially by our great Compliance with the many Desires from the Commissioners of the General Assembly we have proceeded to greater discoveries of our Resolutions in the ways and means of managing of this present Service than possibly in prudence we ought to have done having so near and active Enemies to oppose us neither can it with any Truth or Iustice in any sort be alledged that we have in the least measure wronged or violated the least Priviledges and Liberties of the Church or taken upon us the determination or decision of any matters of Faith or Church-discipline though we be unjustly charged with making an Antecedent Iudgment in matters of Religion under pretence whereof great Encroachments are made on our unquestioned Rights for what can be more Civil than to determine what Civil Duties we ought to pay to our King or what Civil Power he ought to be possessed of and if we meet with obstructions and opposition in carrying on these Duties are not we the only Iudges thereof is there any other Authority in this Kingdom but that of King and Parliament and what flows from them that can pretend any Authoritative Power in the choice of the Instruments and Managers of our Publick Resolutions is it a Subject for the Dispute of Church-Iudicatories whether His Majesty have a Negative Voice or not These things certainly cannot be pretended to by any Kirk-man without a great Vsurpation over the Civil Magistrate whereof we are confident the Church of Scotland or any Iudicatory thereof will never be guilty nor fall into the Episcopal disease of meddling in Civil Affairs and if any have already in these Particulars exceeded their bounds we expect the ensuing General Assembly will censure it accordingly and prevent the vilifying and contemning the Authority of Parliament by any of their Ministers either in or out of their Pulpits who shall offer to stir up the Subjects of this Kingdom to disobey or deny to give Civil Obedience to their Laws it being expresly prohibited by the 2 and 5 Acts of King James the sixth his eighth Parliament Anno 1584. That none of His Majesties Subjects under pain of Treason impugne the Authority of Parliament And therefore seeing the Cause is the same for which this Kingdom hath done and suffered so much and that we are resolved to proceed for the Preservation and Defence of Religion before all wordly Interest whatsoever and to carry on sincerely really and constantly the Covenant and all the Ends of it as you will find by our Declaration herewith sent to you we do confidently expect that as the Ministers of this Kingdom have hitherto been most active and exemplary in furthering the former Expeditions so now you will continue in the same Zeal to stir up the People by your Preaching and Prayers and all other ways in your Calling to a chearful Obedience to our Orders and Engageing in the business that you will not give so great advantage to the Enemies of Presbyterial Government and bring so great a Scandal on this Church as to oppose the Authority of Parliament or obstruct their Proceedings in their necessary Duties for the good of Religion Honour and Happiness of the King and his Royal Posterity and the true Peace of His Dominions Signed by Order of Parliament Alex. Gibsone Clerk Regist. Edinburgh May 11 1648. The Parliament having resolved to raise an Army for the Kings Relief The Parliament sends for the Scotish Army in Ireland found it expedient for encreasing the number and strength of their Forces to send to Ireland for a part of their Scotish Army there which as was told An. 1642 had been sent from Scotland thither by Commission from the King under the Great Seal and upon a Treaty and Establishment betwixt the two Nations for suppressing the Irish Rebellion and for perswading them to desert for so Noble an Undertaking their Interest in Ireland which was very considerable for there was above seven hundred and seventy thousand pound sterling of Arrear resting to them upon a stated Accompt fitted by Persons intrusted by the Parliament of England and Commissioners from them preceding the 16th of Iune 1647 besides a year more until Iune 1648 not at all reckoned they sent over three of their number two Knights Sir Iames Macdougal and Sir William Cocheran now Earl of Dundonald and Mr. Crawford Burgess of Linlithgow with Letters and Instructions to that purpose They were kindly received by such of the Officers as had chief Power there but most unwelcome to a contrary Party who had notice how averse the Kirk to which they were addicted had declared themselves from the Designs of that Parliament nevertheless it was quickly agreed to that about twelve hundred Horse and two thousand and one hundred Foot should be provided and regimented and transported to Scotland to be conducted by Sir George Monro in the quality of a Major-General and to be joyned with the Dukes Armie At Westminster they were in great Confusion fearing that the General
and persist in the Causes in the which you are now engaged contrary to the Declaration of the General Assembly and their Commissioners We do hereby certifie you that all who have been Active in the late Engagement as well those in England as those in this Kingdom and all such as have or shall hereafter joyn with you are to be declared Enemies to both Kingdoms and that this Kingdom will be necessitated to concur with the Kingdom of England for punishing them accordingly as breakers of the Covenant and Treaties We leave it to you seriously to consider whether the Ways and Courses you are upon be really for the good of the King and this Kingdom or a safe way for the relief of your Friends that are Prisoners in England Signed By Warrant and Command of the Noblemen Officers and Gentlemen now in Armes for the Covenant THO. HENDERSON Edinb 20th Sept. 1648. After some dayes treating upon the Heads wherein they differed the Treaty was finished upon the 26th of September those at Sterlin yielding to the Propositions made by the Whiggamors And it was agreed that the Irish Army should be suffered to march to Ireland and should have free Passage thither that none should be questioned for what was past only that all who had been in the Engagement should lay down their Offices and places of Trust and not be permitted to sit in any Judicatory and that all Publick Matters should be referred to the Determination of the Parliament and the General Assembly It was very soon after the closing of the Treaty remarked how small regard was had to it for the Troops being once dissipated and those who were to go to Ireland being on their March thither there came News that the Garrisons of Carrick-Fergus Belfast and Culrain belonging to the Scotish Army in Ireland under the Command of Major-General Robert Monro were basely betrayed under Trust by his own Officers and Countrey-men into the hands of General Monk for the Parliament of England This being spread about the people of the West Countrey fell upon those who were returning to Ireland plundered abused and dispersed them in their way betwixt Glasgow and Air and after a few days a Proclamation was issued out at Edinbourgh commanding all persons who had been in the Army designed by the name of the unlawful Engagement to remove at least twelve Miles from Town under pain of Imprisonment Cromwell being on his way thither And thus ended the design of the Engagement gallantly undertaken and well contrived but unfortunately and fatally brought to nothing The Whiggamors having now possessed themselves of the Power their Leaders did constitute themselves into a Committee of Estates for hitherto they had acted in no Legal Character There were divers among them who were by Authority of Parliament commissionated to be of the Committee of Estates but with this express Provision that they should not be capable of Sitting there till they had owned the Resolutions and Declarations of the Parliament for divers of those who dissented were named to be of the Committee that so there might be a fair way for bringing them off from their Opposition But now all these without regarding that Provision pretended they were a Quorum of the Committee of Estates and that so they were warranted by Authority of Parliament to Act in that Supreme Authority They sent a Message to the King in their usual style and were very careful to give no Umbrage to the Parliament of England and so not only entertained Cromwell with all the expressions of Friendship and Confidence imaginable delivering Berwick and Carlisle to him but sent Commissioners with the following Instructions to the Two Houses YOu shall repair to London and deliver our Letter to the Honourable Houses of the Parliament of England Their Instructions to the Two Houses You shall excuse the long delay in sending to them and in the mean time let them know we hold Correspondence with the Commander in Chief of their Forces You shall give them a Narrative of our whole Proceedings according to the Declaration of the Kirk and our own particularly you shall acquaint them with our Proceedings in opposition to the late unlawful Engagement and what Industry was used on the other part for the Election of Malignants to be Members of Parliament and how unlawfully some were admitted to sit in Parliament and great numbers of Malignants were brought in from England to over-awe the honest Party and how many of the Army were corrupted And you shall further represent particularly the great Sufferings and Oppressions of honest men and that before they heard any thing of the Defeat of the Forces under Duke Hamilton in England they had resolved on the manner and time of their Rising in Arms here in this Kingdom against the Promoters and Abettors of that Engagement and their Adherents You shall also shew them the result of the Treaty betwixt us and those Armies about Sterlin and how useful their Forces have been to us by being at so near a distance You shall endeavour to take away all Mis-information or Mis-constructions of any of our former Proceedings and settle a good Vnderstanding betwixt them and the honest protesting Party in Scotland and you shall show them the continued evil Principles Malice and Designs of the Malignant Party in this Kingdom yet to trouble our Peace and interrupt theirs and as they call it not to live and outlive the not carrying on so pious and loyal an Engagement and that some of them are going to Holland with an intention as we are informed to bring over Forces if they can therefore we have caused deliver Berwick to be disposed of for the Good of both Kingdoms and given the like Warrant for Carlisle and that it is also surrendred or presently to surrender for the use foresaid So we agree during these Troubles until the Peace of this Kingdom be settled that the Honourable Houses may keep some Forces upon the Borders and sufficient Garrisons in them both upon a twofold assurance First that in case any new Troubles be raised in Scotland by the Malignants both they and the Forces about Newcastle have Directions from the Parliament to come unto Scotland to pursue the Common Enemy when they shall be desired by the Committee of Estates as it is now constituted of the Protesting Party in Scotland and Secondly that the Parliament shall remove all Garrisons out of those two Towns and from our Borders and put them in the Condition agreed on by the Treaties betwixt both Kingdoms whensoever the Troubles are at an end and the Peace of the Kingdoms settled You shall shew how desirous and willing we are to harken to any good Overture that may conduce to prevent any such-like Breaches again betwixt the Two Nations and that it may not be in the power of Malignants again either to seduce or to enforce upon the People the like Sin and Snare and for mutual Consultation we think it expedient
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
their Act which constituted this Court for his Trial declared him a Traytor it was not to be disputed what the Parliament had Power to do but no Parliament had ever done the like before and the meaning of the Act must be that he should be tried whether guilty of Treason or not since if the Parliament have already declared him a Traytor further Trial was needless And it was clear the Parliament by their Act in Iuly last which declared all the Scots who entred England Enemies considered not the distinction of Post-nati nor judged that inferred Treason since most of them all were Post-nati That many of the Officers of that Army who had been taken Prisoners though clearly Post-nati were ransomed others banished others still in Prison why then should the imputation of Treason be fastned on the Duke when the rest were used only as Enemies And for the Articles they made it appear they were the Publick Faith of the Kingdom when given by persons publickly Authorized upon the observing of which inviolably depended the whole Intercourse of all Nations and their mutual Confidence which is founded on all States being bound by the Acts of their Publick Ministers That this was not a pure Rendition but a Paction concluded upon Deliberation wherein the Parliament lost nothing but on the contrary were Gainers That the Parliament had ratified this upon the matter by Voting a hundred thousand pound Sterling Fine to be the price of the Dukes Liberty That the secret sence the Treaters pretended was not to be considered since all Compacts are to be understood according to the clear meaning of the Words the universal sense of Mankind who look on Articles wherein Life is granted as a sufficient Security not only from the Souldiers but from the Civil Powers and that these Treaters when the Articles were agreed should have made known their secret meaning otherwise it was not to be regarded and it was a most dangerous Precedent to admit of collateral Averments of secret meanings against express words much more in a Case of Life and yet much more in Military Agreements wherein the Concernments of Armies and Nations were included and which concerned the Honour and Security of all Souldiers and for this divers Precedents were cited The Argument ended thus That as the Court consisted of Gentlemen Lawyers and of Martial men so the Plea consisting of three Branches was the more proper for their cognizance a part of it being drawn from the Law of England another part from the Civil Law and a Third part from the Martial Law and if the Plea in any of the three Branches was made good and they doubted not but it would be found so in them all the Court would be satisfied there was Reason Justice for preserving the Dukes life The Tenth Appearance The Court adjourned till Friday the second of March and the Duke being again brought to the Bar the Counsel for the People pleaded but so poorly that all who heard them were asham'd But they had one advantage that neither the Duke nor his Counsel were allowed to speak after them nor to discover their impertinent Allegations which made the Dukes Counsel obviate all they could imagine they might say though they said a great deal so far out of the way of Reason that none could have thought of it and yet it was so weak that it needed neither be obviated nor replied to Yet at the end of every Branch of their Pleading I shall add the Answers against them as they are set down in some Notes taken by the Dukes Counsel The Counsel for the People plead against the Duke They begun with Alienage and studied to make it appear that though he was a Scotchman born yet he was no Alien having enjoyed all the Priviledges an Englishman was capable of as being a Peer a Privy-Councellour possessing Lands and Inheritances and Marrying in England But Naturalization cannot be but by Act of Parliament and not by the Kings single Deed much less by those Priviledges of which any Stranger might participate Next they urged his Fathers Naturalization and since his Name was not in that Act as was in other Acts of Naturalization that proved him to be no Alien otherwise his Name had been put in From that it rather appeared he was an Alien since others found it necessary to insert their Childrens Names which his Father not doing proves the Son an Alien still They also urged his being Post-natus which must be held true since he brought no Evidence to the contrary and it being so his Tie of subjection was as great in England as in Scotland That Allegeance was only due to the King and not to the Kingdom That there was a King when he entred into England and that though he was secluded from the Government yet all Writs were issued in his Name so that this Expedition was a breach of the Allegeance he owed the King This was the oddest part of all their Plea since his Charge was that he assisted the King against the Kingdom and now they did plead he owed no Allegeance to the Kingdom but to the King whom they had so lately murdered the Dukes coming with his Army being only to relieve him from the Barbarous Vsage he had met with They also urged at large That an Englishman's Children in what place of the World soever they were born were Denizens of England and cited many Precedents But the Mis-application of them was gross and palpable those being of Persons who were Englishmen before their Children were born whereas the Duke's Father was naturalized after he was born so that he could not communicate that Priviledge to him which he did indeed transmit to his Children born after his Naturalization Next they pleaded that the Parliament of Scotland had no power to commissionate him to enter into England and that if some of them were there they ought likewise to suffer for it and it was fit he suffered for his Masters who employed him That it was pitty the King had not suffered sooner They also produced many Precedents of Strangers being condemned as guilty of Treason for Treasons committed in England as the Queen of Scots Lopez Perkin Warbeck the Lord Harris Shirley the Frenchman and the Spanish Ambassadour All this was obviated in the former Argument where distinction was made betwixt secret Practices and an open Invasion with a forreign Force They added That Scotland belonged to the Crown of England and so was to be look't on as some of the Counties of England But Scotland had no subjection to the Crown but only to the King of England whom they had murdered and so they had no Power to judge any Scotchman As for the Articles they pleaded it was not in the Power of the Army to absolve any from the Justice of the Parliament which being above them was not tied to their Articles and therefore though they confessed the words ought to have been less
very necessary for him to speak much his Voice was so weak and low that few of the crowd that looked on could hear him nor was he ever so much in love with speaking or with any thing he had to say that he took much delight in it yet since this was his Last he being by the Divine Providence of Almighty God brought justly to that End for his Sins he would speak a little to the Sheriff for his Voice could not reach others He was now to suffer as a Traytor to the Kingdom of England a Country which he had ever loved equally with his own not having intended either any general Prejudice to it or to any particular Person in it his late Actings were the Commands of his own Country which he could not disobey It is true it had pleased God so to dispose of the Army under his Command that it was ruined and he for being cloathed with a Commission to be General stood now ready to dye He would not repeat what he had pleaded for his own Defence God was just nor would he say any thing of his Sentence but that he did willingly submit to Gods Providence acknowledging that on many accounts he deserved Punishment in this Life as well as in the next for he confessed himself a great Sinner yet for his Comfort he knew there was a God in Heaven who was very merciful and that his Redeemer did sit at his right Hand and he was confident that he was mediating for him at that very instant being hopeful through his All sufficient Merits to be pardoned all his Sins and to be received into his Mercy trusting only to the Free Grace of God through Jesus Christ. He declared he had never been tainted in the Religion professed and established in the Land in which he had been bred from his Infancy it was not this nor that mode or fancy of Religion that was to be built on but one that was right and sure and came from God Here he observed some taking Notes and upon that said he had not expected that else he had digested what he had said into a better Method but desired that what he had said might not be published to his disadvantage since he had not intended to speak any thing when he came to that place Then he went on and said Many dreadful Aspersions had been cast on him as if his Intentions had not been such as he pretended but he thanked God he was unjustly blamed That for the King he had ever loved him both as he was his King and his Master with whom he had been bred many years and had been his domestick Servant and that there was nothing the Parliament of Scotland declared for the King that was not really intended by himself and as he hazarded his Life for him one way so he now was to lose it another and that his Design of leading in the Army to England was really that which was published in the Declaration in so far as concerned the King he was not then to speak of the rest of the Declaration which had many other particulars in it And for what he said of his Duty to the King there was no reason to suspect him of Flattery or any other end in saying it God having now so disposed of His Majesty but though he could gain nothing by it yet he owed the freeing himself of that Calumny to Truth by which all men shall gain for ever There had been many Discourses founded on a part of the Scotish Declaration which mentioned an Invitation to come to England upon which he had been much laboured for discovering the Inviters but he had and did still remit himself to the Declaration without any other Answer He was ever willing to serve this Nation in any thing was in his Power which was known to many worthy Persons in it and he would still have continued in those Resolutions had those in whose hands the Power was then thought fit to have preserved his Life But since he was to be thence-forth of no more use all he could do was to wish the Kingdom Happiness and Peace and to pray that his Blood might be the last should be shed and though perhaps he had some reluctancy within himself at his Suffering for this Fact yet he freely forgave all men and carried no rancour with him to the Grave but did submit to the Will of him who created Heaven and Earth and himself a poor sinful Creature then speaking before him He conceived it could contribute to no end for him to speak of State-business of the Government of the Kingdom or things of that nature his own Inclinations had been still for Peace he was never an ill Instrument betwixt the King and his People nor had he acted to the prejudice of the Parliament And as he had not meddled much in those Wars so he was never wanting in his Prayers to Almighty God for his King's Happiness and he earnestly prayed God to direct his Majesty that now Reigns that he might do what should tend to his Glory and the Peace and Happiness of the Kingdoms He said he was of the Established Religion which he had professed in his own Country where he was born and bred but for particular opinions he was not rigid he knew many godly men had scruples about divers things wherein he had never concerned himself nor did Difference of opinion which was never more than at that time move him his own was clear He prayed the Lord to forgive him his Sins as he freely forgave even those against whom he had the greatest grounds of Animosity remembring that Prayer Forgive us our Trespasses as we forgive them that trespass against us And to this purpose he spoke if the Writers did him right in what was published in his Name but how true the printed Papers were the Writer is not able to judge for he has three printed Relations of it before him all varying somewhat one from another As he expressed himself thus he discovered a great composure by his Looks and manner of Expression and when he was desired to change the Posture he stood in since the Sun shined full in his Face he answered pleasantly No it would not burn it and he hoped to see a brighter Sun than that very speedily After the Duke had done speaking he called for the Executioner and desired to know how he should fit his Body for the Blow and told him his Servants would give him satisfaction Then he called to his Servants and commanded them to remember him kindly to divers of his Friends in England particularly to his Mother-in-law the Countess of Denbigh to whom he had ever payed a Filial respect and to the old Countess of Devonshire who as the lived to a great Age and to the Honour of her Nation so was on all occasions a constant and true Friend to him He bade tell her she would no more question his Loyalty which she had done
of the Nobility and Gentry went to the Cross and himself read the Kings Proclamation and caused the Major of the Town to proclaim it but God having designed to set his Majesty on the Throne of his Ancestors by his own Immediate Hand all hopes of supplies from Wales or other well-affected Places vanished Cromwell also followed the King from Scotland in great Marches having left General Monk since the famous Duke of Albemarle there with an Army to subdue the little strength that remained for maintaining his Majesties Interest in that Kingdom The day after Cromwel came before Worcester the King called a great Council of War to consider what was to be done where the Duke spoke first and after he had in as short terms as was possible opened the state of Affairs he said one of three things must be done Either they were to March out and fight to lie still and provide for a Siege or to March to London the other side of the Severn being then free He proposed the Difficulties of all these yet said one of them was to be done and desired that his Majesty might put it to the debate which of them was fittest None proposed a fourth Expedient But the Duke did afterwards suggest if the Marching into Wales might be adviseable but as they were in the debate before the half of the Council of War had delivered their opinions there came an Alarm to the door that dissolved the Meeting This was four days before the Fight the Enemy grew daily stronger and raised the whole Country to his Assistance and as the Kings small Army was utterly disproportioned to their Strength so the Courage of the Souldiers did daily abate and the Duke as he clearly foresaw the ruine of the Kings Affairs at that time and the Captivity of his Country that would follow so he desired not to out-live it The Duke apprehenns and prepares for Death which he plainly told to some of his more intimate Friends though for incouraging others he put on a great appearance of Cheerfulness on his looks but apprehending that his End drew nigh notwithstanding all the Attendance he was obliged to at Court and with the Army yet he set off large portions of his Time for reviewing his Life and fitting himself for Eternity and when his Imployment all day denied him the conveniency of such long and serious Retirements as that Work required he took it from his sleep in the night being more solicitous for rest to his Mind than to his Body And the night before the often fatal third of September which was the day of Worcester-Fight though he had stayed very late in the Court yet when he came to his Lodgings the apprehensions he had of what was before him kept him awake and serious as will appear from the following Paper which he wrote and was found in his Pockets when they were searched after his Death A Meditation on Death and a Prayer WHEN sadness for any Worldly Cross lies heavy upon thee remember thou art a Christian designed for the Inheritance of Iesus or if thou be an obstinate impenitent Sinner as sure as God is just thou must perish if this be thy Condition I cannot blame thee to be sad sad till thy heart-strings crack But then why art thou troubled for the loss of Friends Fortune or for any Worldly want what should a damned man do with any of these did ever any man upon the wrack afflict himself because his Mistress slighted him or call for the particulars of a Purchase upon the Gallows if thou dost really believe thou shalt be damned I do not say it will cure all other Sadness but certainly it will or ought to swallow it up And if thou believest thou shalt be saved consider how great is that Ioy how infinite is that Change how unspeakable is the Glory how excellent is the Recompence for all thy Sufferings in the World So let thy Condition be what it will compared to thy future possibility thou canst not feel the present smart of a cross Fortune to any great degree either because thou hast a far bigger Sorrow or a far bigger Ioy. Here thou art but a Stranger travelling to a Country where the Glories of a Kingdom are prepared for thee it is therefore a huge folly to be much afflicted because thou hast a less convenient Inn to Lodge in by the way Let us prepare our selves against Changes always expecting them that we be not surprized when they come O death how bitter art thou to a man that is at rest in his Possessions to the rich man who had promised himself ease and fulness for many years it was a sad Arrest that his Soul was surprized the first night But the Apostles who every day knockt at the Gate of Death and lookt upon it continually went to their Martyrdom in peace and evenness Anytus and Miletus may kill me but they cannot hurt me we are troubled on every side but not distressed perplexed but not in despair persecuted but not forsaken cast down but not destroyed and who is he that will harm you if ye be followers of that which is good Consider that Afflictions are oft-times the occasions of great Temporal Advantages and we must not look upon them as they sit heavy us but as they serve some of Gods ends and the purposes of Vniversal Providence and when a Prince fights justly and yet unprosperously could he see the reasons for which God orders it he would find it unreasonable nay ill to have it otherwise If a man could have opened one of the Pages of Divine Counsel and seen the event of Joseph 's being sold to the Merchants of Midian he might with much reason have dried up the young mans Tears The case of Themistocles was not much unlike thâ—t of Joseph for being banished he likewise grew in favour with the Persian King and told his Wife he had perished unless he had perished God esteems it one of his Glories to bring good out of evil and therefore it were but reason we should leave God to govern his own World as he pleases and that we should patiently wait till the Change come and likewise not envy the Prosperity of the wicked Rest in the Lord and wait patiently for him fret not thy self because of him who prospereth in his way because of the man who brings wicked devices to pass for evil doers shall be cut off but those that wait upon the Lord shall inherit the Earth Theramenes one of the Thirty Tyrants of Athens escaped when his house fell upon him but was shortly after put to Death by his Colleagues in the Tyranny The last great Trial is Death for which should we grieve of all griefs it is the most unreasonable for why should we grieve at that which is absolutely unavoidable and it is not so much to be cared for how long we live as how well we live for that Life is not best which is longest
The King consults with them ibid. He goes to the Isle of Wight ibid. And writes to Lanerick p. 325. The Scotish Commissioners write to him p. 326. The Kings Answer to Lanerick ibid. The four Bills are passed p. 327. The Scotish Commissioners protest against them ibid. And write to the King about them ibid. The King is well-pleased with their Papers p. 328. They write again to him ibid. Another Letter to the King p. 329. The Kings Answer to them ibid. Designs against the Kings Person p. 330. Traquair is well with the King p. 331. The Scotish Commissioners advise the King p. 332. The King sends for them ibid. The Kings care of Huntley p. 333. The Queen writes to Lanerick p. 334. The Scotish Commissioners agree with the King ibid. The King is made Prisoner ibid. Lib. 6. Of the Duke's Engagement for the Kings Preservation and what followed to his Death THe Duke's endeavours in Scotland p. 335. Three Parties in Scotland p. 336. The Commissioners return ibid. The Church-men are jealous of them p. 337. The King writes to them ibid. Their Answer ibid. Lowdon forsakes them p. 338. The Duke is designed General ibid. The Parliament sits ibid. Commissioners from England ibid. The Remonstrance of the Ministers p. 339. The King writes to the Lords p. 340. Their Answers to him ibid. and p. 342. Satisfaction offered to the Ministers ib. Lanerick's Letters about their Affairs ibid. And about their Demands to the Two Houses ibid. And about the Declaration p. 343. And putting the Kingdom into a posture of War ibid. And the modelling their Army p. 344. The Prince resolves to come to Scotland ibid. The King designs an Escape ibid. Great disorders in England p. 345. Letters to the Queen and Prince p. 346. And to the King about the Officers of the Army ibid. The Ministers oppose the Engagement p. 348. The Parl. Letter to the Presbyteries ib. The Parl. sends for the Scotish Army in Ireland p. 349. The Confusions in England p. 350. A Fast at Westminster ibid. The Parl. of Scotl. adjourned p. 351. Some are against a present March ibid. A Letter of the Prince's ibid. Others press a speedy March p. 352. And it is resolved on p. 353. An Insurrection at Mauchlin ibid. Some Troops are sent to the Borders p. 354. The whole Army enters England ibid. The Chief Officers of it ibid. Calander's Character ibid. The Condition of the Army p. 355. An Account of their March ibid. Lambert retires ibid. A Letter from Langdale ibid. The Army marches into Lancashire p. 357. The Scotish Army comes out of Ireland ibid. The Cavalry leave the Foot p. 358. Preston-Fight ibid. Middleton's Gallantry p. 361. At Warrington-Bridge the Foot Capitulate ibid. The Horse come to Utoxater p. 362. A Munity ibid. They treat with Lambert p. 363. The Articles are signed p. 364. L. Gray of Groby comes up ib. The Duke is made Prisoner p. 365. And examined but discovers nothing ibid. The Engagement variously censured ib. Lauderdale was sent to bring the Prince to Scotland p. 366. The Prince intended to go ibid. But the loss of the Army stopt him p. 367. An Insurrection in Scotland ibid. Many in the Committee of Estates incline to submit to them ibid. But Lanerick opposed that long p. 368. An Account of the Irish Army ibid. They are called back to Scotland p. 369. And joyn with the Committee of Estates p. 370. And defeat Argyle at Sterlin p. 371. A Treaty is carried on ibid. Cromwel is invited to Scotland p. 372. Different opinions about the Treaty ib. Articles offered for a Treaty p. 373. The Answer sent to these Offers p. 374. The Treaty is concluded p. 375. But not at all kept ibid. Instructions sent to the Two Houses ibid. Lanerick goes out of Scotl. p. 377. His Letter to the Chancellour ibid. The Duke is brought to Windsor p. 379. Oft examined but in vain ibid. The King is murthered ibid. Majesty in Misery in a Copy of Verses written by the King p. 381. The Duke escapes out of Windsor p. 384. But is taken in Southwark ibid. And kept in St. James's ibid. Argyle refused to interceed for him p. 385. He is brought to his Trial ibid. The Inditement against him ibid. The Duke's Plea ibid. The second Appearance p. 386. The third Appearance ibid. The fourth Appearance ibid. The fifth Appearance Witnesses examined p. 387. The Duke pleaded the Articles given him p. 388. The sixth Appearance more Witnesses p. 389. The seventh Appearance more Evidence led ibid. The eighth Appearance the Duke pleads for himself at great length p. 390. The ninth Appearance his Counsel plead p. 392. The tenth Appearance the Counsel for the People plead against him p. 394. The eleventh Appearance Bradshaw's Speech p. 396. Sentence is given against him ibid. The Duke prepares for Death ibid. And writes to his Brother p. 397. And to his Children ibid. His Speech before his Death p. 398. He is led out to his Execution p. 400. And writes a note to his Brother ibid. New Offers of Life made upon base Conditions and rejected by him p. 401. D. Sibbald encourages him on the Scaffold ibid. The Duke's last Speech p. 402. And Prayer p. 404. His Death ibid. And Burial p. 405. His Character p. 406. His Birth and Parents ibid. His Person ibid. His Education ibid. His Marriage ibid. His Lady's Vertues p. 407. and Death ibid. His Religion ibid. His Abilities p. 409. His Loyalty ibid. His love to his Country p. 411. His Temperance ibid. His Ingenuity p. 412. His Good Nature p. 413. His Death much lamented p. 414. A Letter of the Queens p. 415. Another of the Kings ibid. Lib. 7. A Continuation of Affairs till Worcester-Fight THe Character of William Duke of Hamilton p. 417. His first Appearance at Court p. 418. He is made Secretary of State and Earl of Lanerick ibid. The Friendship between his Brother and him ibid. His Diligence in his Imployment p. 419. His Abilities ibid. His Religion ibid. His troubles prove happy to him p. 420. His care of his Brothers Daughters ibid. His Duty to the King p. 421. He was ill used by his Enemies p. 422. He advises the King to settle with Scotland ibid. The Treaty at Breda ibid. The Duke returns with the King p. 423. But is put from the King ibid. And lives in the Isle of Arran ibid. Cromwel enters Scotland p. 424. Dunbar-Fight ibid. The King is better used in Scotland ibid. The Church-party divided ibid. The Duke comes to the King p. 425. The King marches into England ibid. The Duke's Letter about their March p. 426. Lambert is beat from Warrington-Bridge p. 427. The K. comes to Worcester ibid. Cromwel follows â—im ibid. The King is in great straits p. 428. The Duke apprehends his own Death ibid. And prepares for it ibid. His Meditations before the Fight ibid. And Prayer p. 429. Worcester-Fight p. 430. The Duke's Regiment câ—arged gallantly ibid. The Duke 's great Valour ibid. He is wounded and taken p. 431. His wounds prove mortal ibid. His Letter to his Lady ibid. His Death p. 432. And Burial ibid. His last Will p. 433. A Leâ—ter with it to his Lady p. 434. The Conclusion p. 436. A Rational Method for proving the Truth of the Christian Religion as it is professed in the Church of England in Octavo The Royal Martyr and the Dutiful Subject in two Sermons Quarto both Written by Gilbert Burnet Author of Duke Hamilton 's Memoires and Printed for R. Royston Several Chirurgical Treatises by Rich. Wiseman Sergeant-Chirurgion to His Majesty Fol. New THE END